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HomeMy WebLinkAbout07/11/2011 Regular CITY OF COLUMBIA HEIGHTS Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 'TDD (763) 706 -3692 Councilmembers Visit our website at: www.eLeolumbia- heiphts.mn.us Robert A. Williams Bruce Nanrocki Tarnmera Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 11, 2011 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 Associate Pastor Jeremiah Rice, Oak Hill Baptist Church. 2. PLEDGE OF ALLEGIANCE 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, GUESTS 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 June 27, 2011 City Council meeting p4 MOTION: Move to approve the minutes of the June 27, 2011 City Council meeting. B. Accept Board and Commission minutes p15 MOTION: Move to accept the June 1, 2011 minutes of the Library Board. C. Approve the receipt of Justice Assistance Grant Fund Monies /Public Comment and Review p 18 MOTION: Move to accept the receipt of $11,537 in Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds, expenditures to be made as outlined in the Council letter. D. Approve Transfer of Funds for Unique Thrift OT Details and Anoka - Hennepin Drug Task Force (AHDTF) Overtime from General Fund to Police Dept Overtime Line Item #1020 p20 MOTION: Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $4,810, the amount of money received from Unique Thrift for overtime details and $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. 2 City Council Agenda Monday, July 11, 2011 Page 2 of 2 E. Adopt Resolution 2011 -55, being a Resolution to adopt the 2011 ten standard performance p23 measures developed by the Council on Local Results and Innovation. MOTION: Move to waive the reading of Resolution 2011 -55, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -55, being a Resolution to adopt the 2011 ten standard performance measures developed by the Council on Local Results and Innovation. F. Approval of attached list of rental housing applications. p27 MOTION: Move to approve the items listed for rental housing license applications for July 11, 2011 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications p31 MOTION: Move to approve the items as listed on the business license agenda for June 27, 2011 as presented. H. Review payment of the bills p33 MOTION: Move that in accordance with MN Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139527 through 139665 in the amount of $2,256,805.27. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS - none 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Approve loan agreement between the City and CEE for Parking Ramp Improvements (950 40th) p40 MOTION: Move to approve loan between the City of Columbia Heights and Center for Energy and Environment for Parking Ramp lighting improvements at 950 40th Ave. MOTION: Move to approve agreement between the City of Columbia and Stadium Village LLC to reimburse the City for the parking ramp lighting improvement loan. 8. 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 / Walter R. Fehst, City' Manager WF'pvm 3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 27, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 27, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by the Pastor of the Church of All Nations. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Schmitt Excused absence: Council member Diehm PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson added Resolution 2011 -56, parking restrictions under 7A1. Fehst stated he wished to add for consideration Resolution 2011- 55 adopting ten standard performance measures to allow a survey of the public. Peterson added this as item 7A2. Nawrocki stated that he had several items under presentations and under the Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Community Partnership Grant - award of check to Police & Fire Departments Tom Posterick, CenterPoint Energy representative, presented the Council with a Community Partnership Grant, in the amount of $2,500, for local Police and Fire Departments to leverage funds supporting projects important to our community such as flashlights, stabilization cribbing, and defibrillators. Assistant Fire Chief John Larkin described how a stabilizing crib assists in a rescue. He thanked them for their support. Chief Scott Nadeau also offered his thanks for this public /private partnership. He indicated the advantage of having defibrillators in police vehicles. Motion by Nawrocki, second by Schmitt, to authorize acceptance of the Community Partnership Grant check in the amount of $2,500 from CenterPoint Energy for police and fire purposes. Upon vote: All ayes. Motion carried. Nawrocki referred to CenterPoint's change in billing according to the amount of gas used by the cubic foot, which increased his bill considerably. Posterick stated the billing was presented to the Public Utilities Commission for their approval. He referred him to the correct people to speak to on this concern. Peterson stated that his bill is cheap compared to propane or electric. He appreciates the help given by CenterPoint to make our job a little easier. Miscellaneous Nawrocki submitted a check for his meal at the city picnic, plus paid $1 for the cup of coffee at the bridge opening ceremony. Peterson stated that Councilmember Nawrocki reads more into the original motion than was intended, but thanked him for his contribution. 4 City Council Minutes Monday, June 27, 2011 Page 2 of 11 Nawrocki stated that he attended the recent League of MN Cities conference, as did Council member Schmitt. He had brochures available on public purpose expenditures, data practices, and personnel matters. Peterson stated we received a very complete report from Council member Schmitt. She brought back pins stating "I Love My City ". He thanked her. CONSENT AGENDA Nawrocki requested to remove items C and E. Schmitt requested to remove item D. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the June 13, 2011 City Council meeting Motion to approve the minutes of the June 13, 2011 City Council meeting. B. Accept Board and Commission meeting minutes Motion to accept the April 27, 2001 minutes of the Park and Recreation Commission. C. Adopt Resolution 2011 -34 being a Resolution establishing a list of public nuisances for immediate abatement — removed D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazardous Mitigation Planning with Anoka County - removed E. Distribution of the 2010 Comprehensive Annual Financial Report and the Independent Auditors' Reports - removed F. Approval of attached list of rental housing license applications. Motion to approve the items listed for rental housing license applications for June 27, 2011 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 27, 2011 as presented. H. Review payment of the bills Motion that in accordance with MN Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139340 through 139526 in the amount of $3,078,375.28. Motion by Schmitt, second by Williams, to approve the Consent Agenda items with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -34 being a Resolution establishing a list of public nuisances for immediate abatement Motion by Williams, second by Schmitt, to waive the reading of Resolution No. 2011 -34, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2011 -34, being a Resolution establishing a list of public nuisances for immediate abatement. Nawrocki stated that Asst. Fire Chief Larkin distributed a memo to clarify the changes. He questioned permits being required for driveways, with no fee. Peterson stated that the property line setback was relaxed from 5 feet to 3 feet. Jim Hoeft, City Attorney, stated that is not relevant 5 City Council Minutes Monday, June 27, 2011 Page 3 of 11 to this resolution. The nuisance list has not changed, but only clarifies where the nuisances for abatement are located in the City Code. Nawrocki requested information on driveway permits. Schmitt suggested changing the wording to include recycling to recycling materials and composting to compositing materials. Larkin stated this does not change the ordinance, but is a housekeeping issue to tie Chapter Four with Chapter Eight in the City Code. Hoeft stated this could be done at a separate time. Schmitt stated the need for consistency. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazardous Mitigation Planning with Anoka County Motion by Williams, second by Schmitt, to waive the reading of Resolution No. 2011 -44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. Schmitt stated she tabled this at the last meeting to obtain clarification on what we are approving. This document is very outdated. Who will update this? Larkin stated this is an Anoka County plan that we are part of to make us eligible for funding in cases of disaster. The county is in the process of updating the plan. This resolution allows us to stay involved in the update of the mitigation plan. Schmitt asked if any city is withdrawing. Larkin stated no. Upon vote: All ayes. Motion carried. E. Distribution of the 2010 Comprehensive Annual Financial Report and the Independent Auditors' Reports Peterson stated this is to recognize receipt of the audit report and the attendance of the auditor at the July 25 meeting. Nawrocki indicated his disapproval of the request for questions prior to that meeting. He indicated the need for a presentation prior to a council meeting. He questioned why the presentation was put off for a month. He stated he will have questions and does not expect to put them all in writing. Presentations pick out items to make the city sound good. We should have a good understanding of these documents. Peterson stated we have had this discussion in the past and worked through it, four of the five council members feel it is a good presentation. Ground work can be done by meeting with the Finance Director. Fehst stated we will spend as much time with Council member Nawrocki, the Auditor, and Finance Director as he wishes. Fehst stated that the presentation format was changed to a council meeting at Council member Nawrocki's request. Schmitt asked the name of the auditor. Peterson stated Tautges Redpath. Motion by Williams, second by Schmitt, to recognize that the 2010 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 27, 2011, and to schedule a presentation by the City's Auditor for the July 25, 2011 City Council meeting. 6 City Council Minutes Monday, June 27, 2011 Page 4 of 11 Motion to amend by Nawrocki to meet with the auditor prior to the July 25 council meeting. Schmitt asked if there would be a July work session. Fehst stated there would not be a July 5 work session for lack of a quorum. Nawrocki asked when the budget would be presented. Kloiber stated that the auditor has a very busy schedule and did he did not know at what point another meeting could be scheduled. Peterson called for a second to the amendment. Motion died for lack of a second. Upon vote of the original motion: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. Schmitt stated that the Finance Director and Auditor are available for email questions. PUBLIC HEARINGS A. Adopt Resolutions 2011 - 048.4056 -58 5th Street N.E., 2011 -049, 4721 University Avenue N.E., 2011 -050, 4911 University Avenue N.E., 2011 -051, 1206 -08 Circle Ten Blvd. N.E., 2011- 052, 1218 -20 Circle Terrace Blvd. N.E., 2011 -053, 1356 -58 Circle Terrace Blvd. N.E., and 2011 -054, 2215 45th Avenue N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Larkin stated that the only resolution left unresolved was Resolution 2011 -49 for 4721 University Avenue. They have not submitted their application, paid the fees, or scheduled an inspection. David Garid stated the background of the property, indicating it is was an investment property which was to be rehabbed. The owner can not be reached and the home has been burglarized. He stated he has contacted the police, but nothing has been resolved. Larkin stated that Garid is not the registered owner and we have not been able to contact the owner. A significant amount of time has been allowed to resolve these problems. Hoeft stated this is a civil dispute between the owner and fee owner. Peterson stated this property is substandard and will be handled as a revocation. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -049, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -049 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -045, 1428 42nd Avenue N.E., 2011 -046, 4346 6th Street N.E., and 2011 -047, 4859 6th Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Larkin stated 1428 42 Avenue has a hazardous tree, 4346 6 Street has structural damage and a sink hole, and 4859 6 Street needs soffit and fascia repairs. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -045, 046, and 047 there being ample copies available to the public. 7 City Council Minutes Monday, June 27, 2011 Page 5 of 11 Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -045, 046, and 047 being Resolutions 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. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - 7A1. Adopt Resolution 2011 -56, being a Resolution to restrict parking on Hart Boulevard from 37 Avenue to 39 Avenue. to construct trail and restrict parking Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -56, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -56, being a Resolution to restrict parking on Hart Boulevard from 37 Avenue to 39 Avenue. Schmitt questioned if adjacent property owners have given their opinion on this. Peterson stated they are part of the project and should be aware of it. There is very little parking on this street. Fehst stated this would quiet traffic and move the bike path away from the water. Kathy Young, Assistant City Engineer, stated this follow up comes from the Council request to use Municipal State Aid funds for the work. MNDOT will not approve the project unless this resolution is approved and submitted. This will narrow the street and restricting parking to one side of the street. Peterson stated that the adjacent property, the Light House, has their own parking and there are no homes affected by this parking restriction. Upon vote: All ayes. Motion carried. 7A2. Adopt Resolution 2011 -55, being a Resolution to adopt the ten standard performance measures developed by the Council on Local Results and Innovation. Fehst suggested discussion of a resolution regarding Legislature levy limits and approving a survey of ten performance standards. The measures were set by a commission and the concern was for misuse of information regarding inner ring and outer ring cities. The law provides that if the city adopts the standards, allowing for a survey of the public on how service is provided, we could ask for an exception to the levy limits. We would have to meet the standards. There are no limits yet. Many cities are now considering this. Fehst spoke of the previous two public surveys conducted in our community. The survey of 400 residents cost $11,000, found the city to be doing a good job. The other survey was in conjunction with the schools regarding a community center. Fehst described the services in question and what the city has accomplished in these areas. He suggested we participate. Up to $2,500 will be contributed for the survey. Cities have discussed working together to keep the cost down. Schmitt asked what number of people would have to be surveyed. Fehst referred to internet surveys, but it must be determined if they are statistically valid. Decision Resources does a good job, but would cost about $5,000. If you ask 300 random people it has a ten percent accuracy rate. If you ask 400 people it is a five percent accuracy rate. It will require work on our part, so if you are not interested please tell us. Schmitt asked if they would allow Survey Monkey to do this. Fehst stated it is being discussed, but it must be city specific. 8 City Council Minutes Monday, June 27, 2011 Page 6 of 11 Nawrocki stated he gets a sampling from people on what we do every day and it is not good. A survey could be good, but we have no idea on the cost. He is not in favor of saying we would not have levy limits. Even with the increases we have had, we have still stayed within the levy limits. Kloiber stated the decision to participate will be an annual decision and for 2011 the method to collect the information has not been determined; only what the ten questions must be. It could be more expensive next year when the benchmarks are given. Schmitt started that staff that could set up the survey on Survey Monkey. She stated that she was in favor of doing the cheapest survey we can do at this point. Kloiber stated that our IT personnel have set up such an internal survey. Schmitt indicated that people might not answer a phone number they do not know or no longer have a home phone. Fehst stated that we have lived with levy limits for many years, but surveying the public is a good idea. Nawrocki stated that the questions on the sheet are reasonable questions. He suggested the survey be through our newsletter or the utility bills, but that would only go to property owners. Nawrocki suggested finding out if the State will allow extra time to conduct the survey. Schmitt stated that she does not like the concept of levy limits where the state can put a limit on our tax level, but also does not like to escalate our taxes. Kloiber stated that at this point there are not levy limits. If the State paired levy limits with a reduction of State Aid, there would be difficult decisions to be made. Nawrocki gave the history on levy limits. Fehst stated that which governs best, governs least, and if you can handle this at a local level, it should be done that way. Fehst referred to our reduction in State Aid. He stated that more information would be placed on the next agenda. B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki asked for budget and annual financial report information to be placed in the next newsletter. Fehst stated we could have an article on the budget time frame. Nawrocki requested to know the cost for one person to attend the community picnic. He questioned what the response was to the parking closures at Huset Park for the parade. Report of the City Attorney — nothing to report CITIZENS FORUM Peterson stated that the Jamboree celebration received very positive comments. He listed many of the events that took place. The parade was a little shorter than in the past, but it was a huge success. The ribbon cutting ceremony on the new pedestrian bridge also went well. The fireworks were great, though a few ashes fell into the crowd, which will be discussed. Our Police, Fire, and Recreation Depailruents all did a great job. We appreciate the work they do for this event and the Lions Club for sponsoring their 56 Jamboree. Thank you for this tradition. Peterson: Don't forget our service men and women; keep them in your thoughts and prayers. Don't take yourself too seriously, and do a random act of kindness. 9 City Council Minutes Monday, June 27, 2011 Page 7 of 11 ADJOURNMENT Mayor Peterson adjourned the meeting at 8:40 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2011--34 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8, Article 2 entitled "Public Nuisances"; and WHEREAS, a Public Nuisance is defined as a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and rubbish Chapter 8, Article 3 Chapter 4, Article 7 Garbage containers / dumpsters Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Appliances / Electronics Chapter 8, Article 3 Chapter 4, Article 7 State Statute 609,675 Recycling Chapter 8, Article 3 Chapter 4, Article 7 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Composting Chapter 8, Article3 Long grass and weeds Chapter 4, Article 2 Chapter 5A, Article 2 Fire wood Chapter 5A, Article 2 Outside storage Chapter 5A, Article 2 Sidewalks, parking & driveway hazards Chapter 5A, Article 2 Pets / animals Chapter 5A, Article 2 Junk vehicles Chapter 7, Article 2 Chapter 5A, Article 2 Parking on landscape Chapter 5A, Article 2 Public nuisances Chapter 8, Article 2 Section 8.202 (A), (D), (E), (F), (G), (H), IL and Section 8.204 (A), (C), (F), (H), (I), (J), (L), (M), (N), ( (P), (Q), (5), (T) 10 City Council Minutes Monday, June 27, 2011 Page 8 of 11 RESOLUTION NO. 2011-44 BEING A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE ALL-HAZARD MITIGATION PLANNING PROCESS Statement of Interest in All- Hazard Mitigation Planning City of Columbia Heights As a potential participant in the Hazard Mitigation Assistance Program, the City of Columbia Heights, Minnesota hereby states their interest in participating in the multi- jurisdictional Anoka County A11- Hazard Mitigation Plan. After FEMA funding approval and during the planning implementation, the City of Columbia Heights, Minnesota agrees to participate in the hazard mitigation planning process. As signed, we understand this is a voluntary program and our participation may benefit our jurisdiction by identifying hazards and prioritizing potential projects to mitigate the effects of natural hazards. RESOLUTION 2011 -049 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Islam Essa (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property Located at 4721 University Ave N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 25, 2011of a public hearing to be held on June 27, 2011. 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 or about March 4, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 25, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular snail to the owner at the address Listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to schedule a rental property inspection and failure to submit rental application and fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number U4721 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 2011 -045 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 I1, of City Code, of the property owned by LeDora Hankton (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1428 42nd Ave NE, Columbia Heights, Minnesota. 11 City Council Minutes Monday, June 27, 2011 Page 9 of 11 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 June 2, 2011. 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2010 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 31, 2010 an extension was granted. 4. That on June I, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 5. That on June 16, 2011 inspectors re- inspected the property and found that the violation remained uncorrected. 6. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the very large dead cottonwood that is in the backyard. It is a hazard to the structure located at 1421 Circle Ten-ace Blvd. 7. 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 1. That the property located at 1428 42 Ave 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 1428 42 " Ave 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. RESOLUTION 2011 -046 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 II, of City Code, of the property owned by BAC Tax Services Corp (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4346 6 111 St NE. 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 May 11, 2011. 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 March 3, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 11, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 16, 2011 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) 12 City Council Minutes Monday, June 27, 2011 Page 10 of 11 were found to exist, to wit: Shall repair the sink -hole at the southeast corner of the garage and shall repair the deck that is sinking. 5. 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 1. That the property located at 4346 6th 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 4346 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. RESOLUTION 2011 -047 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 II, of City Code, of the property owned by Jill K. Potter (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4859 6th St NE. 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 May 19, 2011 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 April 13, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 19, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 15, 2011 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall scrape and paint wherever there is peeling paint on the structure. All trim on the porch. 5. 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 1. That the property located at 4859 6th 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 4859 6th 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. RESOLUTION 2011 -56 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS HART BOULEVARD FROM 37 AVENUE TO 39 AVENUE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. 13 City Council Minutes Monday, June 27, 2011 Page 11 of 11 WHEREAS, THIS RESOLUTION was passed this 27 day of June, 2011, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City ". WHEREAS, the "City" has ordered the improvement of Hart Boulevard Trail from 37 Avenue to 39 Avenue in the City of Columbia Heights, Minnesota; and WHEREAS, the "City" will be expending Municipal State Aid Funds for the construction of this trail and adjacent curb and gutter, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles on west side of Hart Boulevard from 315 feet to 770 feet north of the centerline of 37 Avenue and on both sides of Hart Boulevard from 150 feet south of the centerline of 39 Avenue to 39` Avenue. 14 e Approved t ° 7/06/11 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 1,2011 The meeting was called to order by Chair Patricia Sowada, at 6:28 p.m. Members present were: Nancy Hoium, Patricia Sowada, Steve Smith, Barbara Tantanella, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. The minutes of the May 4, 2011 Board meeting were approved as mailed. The bill list dated 5/9/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 5/23/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 5/4/11 was reviewed. There is now an additional column displaying approved revisions. Revisions include adjustments to line items 1070 and 4000 to allow for the changes due to in -house cleaning. Old Business: 1. The departmental copy machine is installed. Staff is pleased with the new machine. The public copy machine has been delivered, but due to communication errors, has not been installed. Hauf is working with Loeffler to expedite installation and training. Loader is pleased that the Library's copy and printing process with be completely ADA compliant for the first time. 2. The boiler has been replaced with a new unit that is small and powerful. Master Mechanical will be replacing the wood radiator covers in the next few weeks. 3. "Live at the Library" was a success with positive reports from everyone involved. The Library system would like to continue this event annually, but is awaiting possible changes to Legacy funding from the legislature. Loader received a very positive comment about the CH Friends of the Library. The Friends helped host the event and were very welcoming and pulled people into the event, and then later gave out brochures. Their service was exactly what we needed at the event. 4. Results from the Linder's Fundraiser have not been received. 5. All HVAC rooftop units are scheduled for replacement before summer. Rebates and energy savings are expected from all units. 6. Loader continues to work with MARCO and the City Finance Director concerning security projects. 7. Loader met with Tim Barnes, Maintenance Supervisor, concerning the outstanding Library maintenance projects for 2011. Loader will continue to work with Schindler to bring the elevator up to code. Loader and Barnes will work together on the cabinet project. Barnes will coordinate the plumbing projects to replace toilets and sinks. Public Works is continuing to landscape the library; new trees have been 1 15 planted, additional plants and a large boulder are being added. Activity room painting is scheduled for June 3 with some preparation work to be completed on June 2 11d The carpet, mats and blinds have all been cleaned. Depending on the availability of funds the stucco will be repaired and sealed. 8. The City Council continues to discuss options for the vacant lot across Jackson St. The Community Garden is planted for 2011 and the EDA has options for the lot on their monthly agenda. 9. Due to the prolonged absence of Children's Librarian Marsha Tubbs, many staffing changes are being implemented for the summer months. Dan Kleinfehn will work part time covering volunteens, Summer Reading Club, programs and statistics. Tantanella has volunteered to cover the children's film festival. Brosnehan will prepare orders for children's materials. Loader has contracted Sarah Brown, a storyteller and theater artist, for summer storytime. All paperwork has been submitted for the staffing changes. New Business: 1. A large donation was received from memorials for Muriel McClellan. Loader sent a letter to the family and the Foundation will send letters to individual donors. 2. The East Room emergency door was found disarmed during the closing security check on May 20 This door can only be disarmed with a key. Loader is continuing to investigate. 3. The Board received the April crossover statistics. 4. Business with Unique Management continues to move slowly. 5. Loader presented the draft of the 2012 proposed budget to the Board. The MOE certificate has been submitted. The Board discussed personnel costs, specifically the added portion of the facility maintenance supervisor and benefits for the custodian. All contracts and labor agreements for 2012 have been signed with a 1% increase in salary and a $35 a month increase in insurance benefits. Loader is pushing for a similar raise for the part - timers. Due to the website being added as a department responsibility, the budget includes a request for increased hours for the Clerk position. Loader is considering the following topics as the budget is prepared: utility savings, steady supply budget, IS suggested replacement of Refl and the laptop, replacement of worn-out furniture in the lounge, County SIRSI figures not yet received, and no large maintenance projects anticipated. Loader requested feedback from the Board and proposals for anything else to be added. The Board discussed alternative sources of funding for the furniture replacement. The legislature special session was discussed, including the possibility of changes to MOE. Smith questioned whether monies not spent are lost. The Library maintains a fund balance to support the library budget between tax payments. Any unspent budget is deposited into this fund and earmarked for library services. Items from the Floor: 1.. Public Works received a grant to supply new bike racks at the library. Josey Olson, an intern at PW, is putting together the order and planning the concrete repair necessary for the project. 1 The 2010 one page annual report was distributed to the Board. The design was developed by Gomez, Dougherty and Hendren and completed by Gomez. The Board thought the design was very impressive and highlighted some great talking points. Loader will use the report when talking to groups and the Board may contact the library if they need copies to distribute. 3. The Board reviewed the ACL annual report. 2 16 4. Sowada commented on the impressive look of the library cable channel. 5. Vesley recommended the book Minnesota Libraries by Doug Ohman, which features two photos from the CH Library. 6. Smith requested clarification on the Unique Management percent of accounts activated. This is a percentage that compares the total amount of fines submitted to the amount on the accounts that have shown activity. 7. The Board discussed the option of credit card machines in the library and the cost of color copies, 8. Smith commented on the excellent selection of books at the Columbia Heights Public Library and his enjoyment of the new books display. There being no further business, the meeting was adjourned at 7:55 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 services, programs, and activities. 3 17 CITY COUNCIL LETTER Meetin • of July 11, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV,Al ITEM: Approve the Receipt of JAG Grant Fund BY: Scott Nadeau ,/ I BY: G /`. Monies /Public Comment and Review DATE June 30, 2011 DATE: `2.7 '< NO. BACKGROUND The Columbia Heights Police Department has been notified that it will be receiving $1 1,537 in Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds. This JAG grant is an equipment grant that cannot be used to supplant other budgeted purchases. The Police Department's intention is to use the grant monies to fund the purchase of the following: Battery Chargers 1 am recommending the addition of electric battery chargers to the squad cars as part of the JAG grant funding. These battery chargers will assist with keeping the battery charged with the extensive amount of electronic equipment installed in the squad cars. They will prevent discharged batteries and save on the replacement costs related to damage when discharged. They will also prevent the need for excessive idling of the cars and save on run time and wear and tear on the engine. The Police Department currently has two of these low -cost charging systems in its 2011 squad cars and they have exceeded expectations. Marked Squad Cars (102, 101, 091, 082, 081, 071, 103 ) Kusmaul Auto Eject Battery Charger: $ 389.00 Labor (per car): $ 190.00 Per car total: $ 579.00 Total for seven cars (CSO car included): $ 4,053.00 Weapon Lockers Many tactical situations require officers and investigators who work the day shift to have a high - capacity long gun available. These situations include active shooters, school incidents and other violent encounters involving firearms. Currently a portion of these firearms are stored in the trunks of squad cars. In the past 24 months both the Blaine Police and a Federal Agent working in Stillwater have had these long guns stolen from their vehicles. This has necessitated Police Departments to examine best practices in security and accessibility to firearms stored in vehicles. This recommendation is to purchase weapons lockers that allow for quick access of the long guns while securing them against theft. The Police Department already has two of these vehicle mounted safes in use and is satisfied with how they have performed. Truck Vault Brand Parts: $ 839.00 Drawer Foam: $ 121.00 Sales Tax (per car): $ 66.00 Labor (per car): $ 100.00 Shipping (per car): $ 75.00 18 Council Letter re: JAG Grant Approval June 30, 2011 Page 2 Per car total: $ 1,201.00 Two cars: (2008 Dodge Charger, 2008 Taurus) $ 2,402.00 Entry Tools Entry tools are considered standard equipment by many police agencies for use in executing search warrants, responding to emergency situations, and freeing trapped people. Currently the police department has no entry tools available for immediate use and need to request assistance from other departments or agencies when these tools are needed. This delay can be costly and create potential safety issues depending on the situation. Entry tool pack (Hallagan tool/hammer) per car $ 260.99 Sales Tax (per car) $ 17.94 Total for entry packs (eight cars) $ 2,231.44 Ram (per car) $ 336.99 Tax (per car) $ 23.17 Total for Rams (three cars) $ 1,08(148 Dynamic Entry Bolt cutters $ 327.99 Tax $ 22.55 Total (bolt cutters- five cars) $ 1,75230 Total Entry Tools: $ 5,064.62 Total: $11,519.62 ANALYSIS /CONCLUSION Acceptance of the grant requires an opportunity for public comment and review. Bringing this item for the Council's review satisfies this requirement. RECOMMENDED MOTION Move to accept the receipt of $11,537 in Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds, expenditures to be made as outlined above. COUNCIL ACTION: 19 CITY COUNCIL LETTER Meeting of July 11, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: �. --t- -- ITEM: Approve Transfer of Funds for Unique Thrift BY: Scott Nadeau BY: ° OT Details and AHDTF Overtime DATE July S, 2011 DATE: c' From General Fund to Police Dept Overtime Line Item # 1020 NO: BACKGROUND In April and May of 2011, the Columbia Heights Police Department worked several overtime security details at Unique Thrift. For those details, we were reimbursed in the amount of $4,810. In addition, the Police Department has an officer in the Anoka - Hennepin Drug Task Force (AHDTF), The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers. For the second quarter of 2011, the Police Department has received a check from Anoka County in the amount of $2,000 as partial reimbursement for the overtime of our AHDTF Officer. ANALYSIS /CONCLUSION The $6,810 received from these two sources was deposited into the General Fund. The Police Department is requesting that these funds received from be transferred back into the 2011 Police Department Budget, Overtime line item. RECOMMENDED MOTION Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $4,810, the amount of money received from Unique Thrift for overtime details and $2,000, the amount of money received from Anoka County as partial reimbursement for the depashnent's AHDTF Officer. COUNCIL ACTION: 20 APOGEE Retail, LLC 032375 Date Invoice Number Comment Amount Discount Amount Net Amount 6/7/2011 2011007 4,810.00 0.00 4,81000 EcoPY Check: 032375 6/20/2011 City of Columbia Heights Check Total: 4,810.00 REFERENCE SECURITY 032375 APOGEE Retail, LLC 3080 Centerville Rd Alliance Bank Little Canada, MN 55117 55 Fifth Street East (651) 773 -8077 St. Paul, Minnesota 55101 75-121-919 *FOUR THOUSAND EIGHT HUNDRED TEN AND XX / 100 DATE AMOUNT 6/20/2011 * **** *****4,810.00 PAY City of Columbia Heights TO THE Police Department ORDER 825 41st Ave NE OF: Columbia Heights, MN 55421 ,4, f 003 2 3 7 Sol 1:0 9 190 L 2 154000 S E L L 660tl® 21 / CHECK NO. 1153473 � COUNTY OF ANOKA A A 2100 THIRD AVENUE ;4 DATE Jun 30, 201.1 s ANOKA, MINNESOTA 55303 .4 AMOUNT ANOKA I COUNTY ; $ 2,000.00 PAY Two Thousand Dollars And ZeroCenfs * * * * * ** * * * * * * * * * * * * ** 1 TO THE ORDER OF CITY OF LUMBIA H 825 DEPARTMENT EIGHTS U � $25 -41ST AVE NE COLUMBIA HGHTS,MN 55421 United States e 4divri, „— WELLS FANOO BANK MINNESOTA NA. ANOKA, MINNESOTA , II 1 1 5 34 7 311 , C09 10000 19 00 1000910011° ANOKA COUNTY REMITTANCE ADVICE DATE Jun 30, 2011 CHECK NO. 1153473 ��gg y��}��.��41 „ yy ) 2'<r v x yyyy.pn 1 iYW�b�y ti NC4. � ) .' @ a w y.q UP �[v ,�,x 5 9 9 9' ,� , `S ?, 1*VVJYT. , ': A §, l' 1EStf i,?,` t i” I3Wl t ✓4.4- te.*v , :,,,,,,,,S''''' M1w. x DISJCOU 'k ' ET PAY F ., ., ..v ` S S. snY ... Y ;Y r. n Y .. 29- JUN -2011 Jun 29, 201 REIMBURSE NARCOTICS GRANT 2ND QTR OT .00 2,000 00 00 2,000.00 22 07413W CITY COUNCIL LETTER MEETING OF: JULY 11, 2011 AGENDA SECTION: ITEMS FOR ORIGINATING DEPT: CITY MANAGER CONSIDERATION FINANCE APPROVAL ITEM: OV OF 10 RESOLUTION NDARD PERFORMANCE BY: JOSEPH ANCE DIRECTOR MEASURES. BY: ,''/ . l � DATE: JULY 6, 2011 Background In 2010, the Legislature created the Council on Local Results and Innovation (CLRI). In February 2011, CLRI released a standard set of ten performance measures for cities. As an incentive for local governments to voluntarily report these standard measures, the same legislation provides an exemption from the levy limits under MN statutes section 275.70 to 275.74 for those governments that collect and report the data required for these ten measures. To qualify for the exemption from the levy, the City must submit to the State Auditor by July 1 of each year a declaration that it has adopted the program for the year. For the first year of the program, the State Auditor has extended the filing deadline to July 15, 2011. Analysis Currently, there are no levy limits in place for 2012. There are significant concerns however, that the special legislative session will create far more restrictive levy limits than in the past, and that these limits will be paired with further significant cuts to state aids. For the City of Columbia Heights, that could likely lead to significant cuts in City services for 2012. Although a decrease in City services in order to achieve a lower- than - planned City tax levy is an option to be considered in difficult economic times, staff judges that the community would be best served by having its City Council decide such matters about City services, and to not leave such local decisions up to the state. For this reason, a number of cities are adopting the standard measurement reporting program this year, as a way to insure control of their own planning and budgeting for 2012. For this same reason, staff recommends the Council consider adopting the program for this year. The collection and reporting of the data for the ten standard measures is not costly or burdensome for the first year of the program. The main cost would be for a citizen survey, most of the other data is already collected by the City. The State will reimburse the City's program costs up to $2,500. The reporting requirements for the second year of the program have not been established yet, but a City's commitment is only for one year at a time. Staffs has one concern, which is publicly shared by CLRI. That is the potential for the misuse of these performance measures by the legislature or others in the appropriation of funds or for comparisons among cities. These general performance measures are simply inadequate for those purposes. Staff recommends that the City Council consider adopting the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -55 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -55 being a resolution to adopt for 2011 the ten standard performance measures developed by the Council on Local Results and Innovation. COUNCIL ACTION: 23 RESOLUTION NO. 2011-55 ADOPT FOR 2011, THE TEN STANDARD PERFORMANCE MEASURES DEVELOPED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the 2010 Minnesota Legislature created the Council on Local Results and Innovation; and WHEREAS, In February 2011, the Council on Local Results and Innovation Council released a standard set of ten perfounance measures, attached as Exhibit A, for Minnesota cities to voluntarily report to citizens; and WHEREAS, the potential costs to the City of Columbia Heights to collect and compile the data necessary to report these ten standard measures appears reasonable; and WHEREAS, the results of these ten standard measures may be informative for the citizens, City Council, and staff of the City of Columbia Heights; and WHEREAS, by reporting these ten standard measures for 2011, the City of Columbia Heights would be exempted from state- imposed levy limits under MN statutes section 275.70 to 275.74 for taxes payable in 2012, in the event that such levy limits are created by the State of Minnesota for taxes payable in 2012; and WHEREAS, critical decisions by the City Council of the City of Columbia Heights with regard to city service levels and tax levies could potentially be pre - empted by such state - imposed levy limits; BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the City of Columbia Heights adopts for 2011, the ten standard performance measures developed by the Council on Local Results and Innovation. Passed this llth day of July, 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 24 RESOLUTION NO. 2011-55 EXHIBIT A Model Performance Measures for Cities The following are the recommended model measures of performance outcomes for cities, with alternatives provided in some cases. Key output measures are also suggested for consideration by local city officials. General: 1. Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good, fair, poor) 2. Percent change in the taxable property market value 3. Citizens' rating of the overall appearance of the city (Citizen Survey: excellent, good, fair, poor) Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family /children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) OR Citizens' rating of safety in their community (Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Fire Services: 5. Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) OR Citizens' rating of the quality of fire protection services (Citizen Survey: excellent, good, fair, poor) Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). 25 Emergency Medical Services (EMS) response time (if applicable) (Time it takes from dispatch to arrival of EMS) Streets: 6. Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) OR Citizens' rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 7. Citizens' rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair, poor) Water: 8. Citizens' rating of the dependability and quality of city water supply (centrally- provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Operating cost per 1,000,000 gallons of water pumped /produced (centrally- provided system) (Actual operating expense for water utility / (total gallons pumped/1,000,000)) Sanitary Sewer: 9. Citizens' rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility / (population/100)) Parks and Recreation: 10. Citizens' rating of the quality of city recreational programs and facilities (parks, trails, park buildings) (Citizen Survey: excellent, good, fair, poor) 26 CITY COUNCIL LETTER Meeting of July 11, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: / Licenses NO: DATE: July 6, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for July 11, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 27 aox.. aAa+i Print Rental Licenses to aN FIRE DEPARTMENT cep Divial approve by CC i 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8155 - Fax; 763-706-8151 10005 3911 TYLER ST NE Nelson, David F11032 7395 Van Buren Street $ 150.00 Fridley, MN 55432 10008 1600 39TH AVE NE Christenson, Heather F11066 8701 Shore Road Apt. #527 $ 150.00 Brooklyn, NY 11209 10038 838 41ST AVE NE Bestland, Allen F11134 17979 Nixon Dr NW $ 150.00 Elk River, MN 55330 10065 2119 45TH AVE NE Sentyrz Jr., Walter F11074A 1612 2nd Street N.E. $ 150.00 Minneapolis, MN 55413 -1138 10098 677 46 1/2 AVE NE Musenbrock, Michael F11125 677 46 -1/2 Avenue NE $ 150.00 Columbia Heights, MN 55421 10102 550 LOMIANKI LN NE McCrea, Pamela F11068 2200 Merrimac Lane N $ 150.00 Plymouth, MN 55447 -2168 10106 3721 VAN BUREN ST NE Sentyrz Jr., Walter F11074 1612 2nd Street N.E. $ 150.00 Minneapolis, MN 55413 -1138 10172 4230 RESERVOIR BLVD NE Thongpatsang, Tsering F11136 6109 Parnell Ave $ 150.00 Edina, MN 55424 10191 4915 7TH ST NE Woods, James F11070 2571 Irene St. $ 150.00 Roseville, MN 55113 10211 1842 41ST AVE NE Koch, Ken F11071 4042 Arthur ST NE $ 150.00 Columbia Heights, MN 55421 10268 3723 POLK ST NE Sila, Fred F10983 10812 Fillmore ST NE $ 150.00 Blaine, MN 55434 07/06/2011 10:56 28 Page 1 2. Print Rental Licenses to Mm FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706. 6156 - Fax 763- 706 -6151 10310 4118 7TH ST NE Le, Hau F11073 10104 Welcome Avenue N. $ 150.00 Brooklyn Park, MN 55443 12072 4307 MADISON ST NE Stark, Sally F11072 4309 Madison Street $ 150.00 Columbia Heights, MN 55421 12102 1235 37TH AVE NE Cotton, Cindy F11131 1233 37th Avenue $ 150.00 Columbia Heights, MN 55421 20004 1218 CIRCLE TERRACE BLVD NE HNA Properties F10938 4930 Pennine Pass N.E. $ 150.00 Columbia Heights, MN 55421 20005 4126 MADISON ST NE Cities Home Rental F10862A 1845 Stinson Parkway $ 150.00 Minneapolis, MN 55418 20037 654 47 1/2 AVE NE Jeung, Warren F11085 20148 Calgary Trail $ 150.00 Farmington, MN 55024 20046 3800 TYLER ST NE Smith, Bruce F11132 4 Washburn Ave. S. $ 150.00 Minneapolis, MN 55405 20048 500 40TH AVE NE Equity Point, LLC F11119 508 40TH AVE NE $ 150.00 Columbia Heights, MN 55421 20070 4500 TYLER ST NE Van Blaricom, Stanley F11065 118 Balsam Lane N. $ 150.00 Plymouth, MN 55441 20264 4600 4TH ST NE Ingebriton, Jeffrey F11139 592 38th Avenue N.E. Up /Lower $ 150.00 Columbia Heights, MN 55421 20347 4049 UNIVERSITY AVE NE Kingsriter, Allen F11078 1236 N. Victoria $ 150.00 St. Paul, MN 55117 07/06/2011 10:56 29 Page 2 eo a, Print Rental Licenses to FIRE ery approve by CC its ties DEPARTMENT Division 82541st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763.706- 8156 - Fax: 763 -706 -6151 20409- NC4161 TYLER ST NE Stauch, Audrey F11142 1155 Khyber Lane N.E. $ 150.00 Columbia Heights, MN 55421 30005 4220 4TH ST NE Brown, Michael F11021 6662 Chamberlain Draw $ 165.00 Woodbury, MN 55125 30008 841 41ST AVE NE Columbia Court Town Homes F11084 853 41st Ave NE $ 446.00 Columbia Heights, MN 55421 30060 4225 CENTRAL AVE NE Haines, Paul F11133A 4225 Central Avenue NE Apt. #1 $ 211.00 Columbia Heights, MN 55421 30063 3849 EDGEMOOR PL NE Valtierrez, Mario F11059A 18932 Dunbury Avenue $ 160.00 Farmington, MN 55024 30146 4032 VAN BUREN ST NE Owens, Scott F10890 P.O. Box 582299 $ 188.00 Minneapolis, MN 55458 30152 4229 CENTRAL AVE NE Haines, Paul F11133 4225 Central Avenue NE Apt. #1 $ 234.00 Columbia Heights, MN 55421 Total # of Licenses 29 07/06/2011 10:56 30 Page 3 CITY COUNCIL LETTER Meeting of July 11, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: July 1, 2011 BY: te BACKGROUND /ANALYSIS Attached is the business license agenda for the July 11, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011, a Food/Ice Cream Vehicle License, and a Cigarette Sales License for the new owner of Totem Foods. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 11, 2011 as presented. COUNCIL ACTION: 31 TO CITY COUNCIL July 11, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG Sunram Construction Inc 20010 75` Ave N, Corcoran $60 *Schwantes Htg & AC 6080 Oren Ave N, Stillwater $60 Home Energy Center 2415 Annapolis Ln, Plymouth $60 The Shed Shop 2581 Brittany Ln, Woodbury $60 *Majestic Tree Care 4247 Queen Ave N, Mpls $60 A. Johnson Plumbing Inc. 17285 211` Ave, Big Lake $60 FOOD, CATERING VEHICLE LICENSE Nafie Ice Cream (Mohammed Nafie) 910 Lynde Dr, Fridley $50 CIGARETTE /TOBACCO LICENSE Totem Foods (New Owner- Abdunasir Alt) 4635 Central Ave $300 (Pending Police Approval) 32 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: July 1 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139527 through 139665 in the amount of $ 2,256,805.27 . 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W 401 -+ 01 (0 z 0 0 000 0 0 1 01 x x ■ x 01 (0 2 01 1 r l H H N W O H N U I O r 1 N M 0 O I H r l O M 0 H 0 01 H 0> 0 O O O r1 N 0 l0 r1 rl N O O O O O In O N O of O 0 a' 0 w 0 1 rl N N N N N N d' H • l0 0 l0 0 l0 0 0 P CO CO H IO ( 1 01 H CITY COUNCIL LETTER Meeting of: July 11, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Agreements for Lighting Improvements at BY: Scott Clark BY: Public Ramp- 950 40 Ave DATE: July 7, 2011 ��,r Background Information: The overall impact of this action will be to create the ability to retrofit the City owned parking ramp at 950 40 (ramp attached to the Northeast Business Center office) with new lighting fixtures at a cost of $17,990.64. The proposal involves three parties: 1) The City 2) Stadium Village LLC who is the owner of the Business Center and manages and operates the ramp, for the City, based on a series of agreements and amendments dating back to 1982. It is key to the understanding of this action that Stadium Village is ultimately responsible for capital improvements at the ramp in exchange for the ramp being deeded to them in 2022 and 3) The Center for Energy and Environment (CEE) which is a non - profit that will provide the loan proceeds for the improvements. Originally, Stadium Village was to receive a 33 month loan ($17,990 principal) from CEE with monthly repayments of $580.24. Due to a number of considerations, CEE could not issue a loan directly to Stadium village since they do not own the parking ramp asset. In turn, the proposal now is to have the same loan between the City and CEE, and then have a second agreement signed that obligates Stadium Village to reimburse the City for the same. This effectively places the transaction as the City performing conduit financing, as the cost to the City is zero. Based on review of these documents by the City Attorney, the City will simply have Stadium Village contract repayment to the City with the same document language that the City is signing with CEE. It is important to emphasize that risk of non - payment is minimal and that the improvements are being done to a City owned facility, not a privately held asset. Attached are the loan documents, the fixture proposal and estimates of annual energy savings ($6,784.92). Stadium Village will act in the form of a "general contractor" and will purchase and implement the improvement project. Recommendation: Staff recommends approval of the loan process as presented. Recommended Motion: Motion move to Authorize the Mayor and City Manager to Sign Loan Documents Between the City and The Center of Energy and Environment, in a Form Dated and Attached July 11, 2011, for Parking Ramp Lighting Improvements at 950 40 in an amount not to exceed $17,990.64 Motion move to Authorize the Mayor and City Manager to Sign Loan Documents Between the City and Stadium Village LLC for Reimbursement of Loan Payments made between the City and The Center of Energy and Environment dated July 11, 2011. Attachments: loan documents, future proposal and energy savings COUNCIL ACTION: 40 LOAN NOTE Non - Consumer Note No. July 11, 2011 Creditor: CENTER FOR ENERGY AND ENVIRONMENT 212 3 Avenue North, Suite 560 Minneapolis, MN 55401 Borrower: City of Columbia ['eights (Social Security or Tax I.D. No.) 590 40 Ave NE Columbia Heights, MN 55421 (Address) Co-Borrower NA NA Name (Social Security or Tax ID, No.) NA Address The undersigned Borrower(s) (referred to herein as "Borrower ") (jointly and severally if more than one) promise(s) to pay to the order of the Creditor named above (referred to herein as "Creditor ") at tho address listed above, orwhatover location Creditor may specify, the sump of Seventeen thousand nine hundred ninety dollar§ and sixty four cents ($19,990,64) to improve the property at 950 40 Ave, Columbia Heights MN 55421. INTEREST Together with interest thereon until paid at the rate of 3.9% per mmum. Unless otherwise RATE indicated, interest will be charged for the actual number of days in each interest period on the basis of a 360 day year. PAYMENT This Promissory Note ( "Note ") is payable in 33 monthly payments of ;3580.24 each on the SCHEDULE uDay» day of each month, starting on KF)rst Pay Date» and a final payment on «Last Pay Date». A payment schedule may be requested from the Creditor, This Note may be prepaid at any time without penalty, Prepayments will be applied first to SECURITY, accrued and unpaid interest, and the remainder, if any, will be applied to reduce the principal PREPAYMENT balance, Upon any default by Borrower where Creditor deems it necessary to employ an attorney to enforce collection and/or acquire possession of any property given as security for this Note, Borrower agrees to pay Creditor's costs of collection and reasonable attorneys' fees. THIS NOTE IS SUBJECT TO TILE ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE FOLLOWING PAGE OF THIS NOTE, THE SAME BEING INCORPORATED HEREIN BY REFERENCE. IN TESTIMONY WHEREOF, the Borrower has caused this Note to be signed and delivered as of the date first above written, with all necessary corporate and/or other action having been first and duty taken. FOR BUSINESS ENTITIES City of Columbia Heights By: Gary Peterson By: Walt Fehst Its: Mayor Its: City Manager 41 ADDITIONAL TERMS (Continued from the other side) Bonnwer hereby represents, warrants, covenants and agrees as follows; PARTIES Each party to this Note, whether Borrower (or any individual or entity which comprises Borrower) or any Guarantor(s), and all others who may become liable for all or any part of the obligations under this Note, do herebyjoinlly and severally waive presentment, demand, protest, notice of protest and/or dishonor, and also notice ofaccelemtimr of maturity on default or otherwise. Further, they agree that Creditor may, from time to lime, extend or renew this Note for any period (whether or not longer than the original term of this Note) and grant any releases, compromises or indulgences with respect to the Note ar any extension or renewal thereof or any security therefore or to any party liable hereunder or thereunder, all without notice to or consent or any of the undersigned and without affecting the liability of the undersigned. INTEREST RATE Notwithstanding anything to the contrary in this Note, the rate of interest on this Note shall not exceed the maximum rate (if any) allowed by law for this typo of loan. If for any reason the effective rate of interest on this loan should at any time exceed the maximum lawfid rate, the effective rate shall be deemed reduced to and shall be such maximum lawful rate, and any suns of interest which have been collected in excess of such maximum lawful rate shall be applied as a credit against the unpaid balance due under this Note. EVENTS OF DEFAULT Borrower will be in default under this Note upon the occurrence of any of the following events or circumstances: (1) Borrower's failure to make a payment of principal and /or interest required under this Note when due; (2) Borrower's failure to comply with any other terms, convenants or conditions of this Note, any separate security instrument which secures this Note, or arty other agreement Borrower may have with Creditor at any time; (3) if any warranty or representation made herein or any information in Borrower's application or any financial statements made or submitted to Creditor by or on behalf of Borrower in connection with this Note or to induce Creditor to make this loon proves to be false, misleading or incomplete in any material respect when made or furnished; (4) if Borrower or any endorser, guarantor or surety for Borrower in connection with this Note (hereinafter termed "Surety ") should die or become insolvent or generally unable to meet his, her or its obligations as they become duo; (5) if a petition should be filed or other proceedings should be started under the Federal Bankruptcy Code or any State insolvency statute by or against Borrower or any Surety; (6) if ajudgment or tax lien should be filed against Borrower or any Surety; (7) if a receiver should be appointed for Borrower or any Surety; (8) if a writ or order of attachment, levy or garnishment should be issued or any proceeding should be started against Borrower or any Surety or any of his or its property, assets or income, to include anyone's starting a stilt or proceeding to seize any of Borrower's or any Surety's funds on deposit with Creditor; (9) If Borrower permits any other Ilen holder to gain priority on any lien or security interest of the security instrument(s) which secures this Note, except for any prior security interest disclosed in writing to Creditor that is outstanding when Creditor records Its security Interest to secure this Note; (10) if Borrower should sell, transfer, convey or encumber any portion of or any interest in any collateral securing this Note without Creditor's prior written consent; (11) if Borrower shall allow any mechanic's lien to be fled against any property which was given as security for the Note, if such mechanic's lien is not released or discharged within ten (10) business days; or (12) if Creditor should consider nny debts due under this Note unsafe or not completely secure, or if Creditor should believe, in good faith, that the prospect of Borrower's payment or other performance tinder this Note is impaired or that the condition or vatue of the collateral (if any) which secures this Note has significantly deteriorated ENTIRE BALANCE DUE; RIGHT OF SET -OFF If any of the above defaults should occur, Borrower's obligations evidenced by this Note shall immediately become due and payable, without not(cc or demand. Upon default, Creditor is hereby authorized to exorcise its right of set-off with respect to any funds, certifteate,s of deposit, bonds, notes, or other instruments ur monies deposited with Creditor, without notice or demand. REPRESENTATIONS All statements made by Borrower in the Business Credit Application ( "Application ") were true when made and are due as of the date of this Note. The proceeds of the loan will be used only far those business pmpose(s) set forth In the Applloatlon, and not for any personal, family or household purposes. Tiro proceeds of the loan will not be used 10 pay off other loans, or to do other things that do not improve the energy efficiency of the property to be improved. Loan fiends will be spent for the allowable purpose(s) set forth ire the Application within sixty (60) days from the date hereof. Except as previously disclosed to Creditor in writing, Borrower has at least one -third (1/3) interest in the property to be improved, either as owner or as a buyer under a contract for deed, REMEDIES UPON DEFAULT Upon default, Creditor shall be entitled to exercise all of its rights and remedies authorized by law to enforce the terms of this Note and collect the full amount then owed by Borrower, including the rights and remedies provided in this Note, in any guaranty of Borrower's obligations evidenced by this Note and in any security instrument which secures this Note. Creditor's failure or delay in exercising any rights upon default shall not constitute a waiver of those rights. Acceptance by Creditor of may partial payment after any default shall not be considered a waiver or forgiveness of any default in payments or other default. GOVERNING LAW The law of Minnesota governs this Note. Endorsement Without Recourse, Pay to the Order of Creditor: Center for Energy and Euv remnant By: Its: 42 Loan No. SECURITY AGREEMENT Debtor: Name: City of Columbia Heights Address: 590 40'" Ave NE City of Columbia Heights, MN 55421 Secured Party: Name: Center for Energy and Environment Address: 212 3r Avenue North, Suite 560 Minneapolis, MN 55401 1. Grant of Security Interest. For value received, Debtor hereby grants to Secured Petty a security interest in the following described property: Commercial Lighting Equipment together with any and all replacements and additions thereto, and any and all proceeds and products thereof (the "Collateral "). Obligations Secured. This Agreement secures the payment and performance of (i) all obligations under that certain Loan Note dated July 11, 2011 made by Debtor in favor of Secured Party in the principal amount of $17990.65 (tire "Note "), including all costs and expenses (including reasonable attorneys' fees) incurred by Secured Party in the disbursement, administration and collection of the loan evidenced by the Note; (ii) all costs and expenses (including reasonable attorneys' fees), incurred by Secured Party in the protection, maintenance and enforcement of the security interest hereby granted; (iii) all obligations of Debtor in any other agreement relating to the Note; and (iv) any modifications, renewals, refinancings, or extensions of the foregoing obligations. l'he Note and all other obligations secured hereby are collectively referred to herein as the "Obligations." 2. Purchase Money Security Interest; Ownership; Restrictions on Transfer. Debtor acknowledges that the loan from Secured Petty to Debtor that is evidenced by the Note was made specifically for the purpose of financing Debtor's purchase of the Collateral, and that the security interest granted hereby is a purchase -money security interest in the Collateral, Except for the security interest granted hereby, Debtor is, or to the extent that the Collateral is to be acquired after the date hereof, will be, the owner of the Collateral fee fi•om any lien, security interest or encumbrance. Debtor will not sell, lease or otherwise transfer (including by granting security interests, liens, or other encumbrances in) all or any part of the Collateral or Debtor's interest in the Collateral without the prior written consent of Secured Party. Debtor will defend the Collateral against all claims and demands of all persons at any time claiming the same or any interest therein. 43 3. Purpose and Location of Collateral. The Collateral is purchased for use in Debtor's business and is located at Debtor's business address stated above, which real estate is further described on the UCC Financing Statement Addendum attached hereto as Exhibit A and incorporated herein by this reference. Debtor wilt notify Secured Party in advance of any change in the location of the Collateral. 4. Inspection and Maintenance of Collateral; Insurance. Debtor hereby grants to Secured Party the right to inspect the Collateral at all reasonable times and upon reasonable notice. Debtor will: (i) maintain the Collateral in good condition and repair; (ii) pay promptly all taxes, assessments, judgments, or charges of any kind which may be levied or assessed against the Collateral; (iii) keep current all rent or mortgage payments due, if any, on the premises where the Collateral is located; (iv) not use the Collateral in violation of any applicable laws, regulations or onlinances; and (v) maintain hazard insurance on the Collateral, with an insurance company and in an amount approved by Secured Party (but in no event less than the replacement cost of the Collateral), and including such tenns as Secured Party may require, including a lender's loss payable clause in favor of Secured Party. Debtor hereby assigns to Seemed Party any proceeds of such policies and all unearned premiums thereon and authorizes and empowers Secured Party to collect such sums and to execute and endorse in Debtor's name all proofs of loss, drafts, checks and any oilier documents necessary for Secured Party to obtain such payments. 5. Orvanizntionnl Changes. Debtor will notify Secured Party in writing not Tess than 30 days before taking any of the following actions: (1) changing or reorganizing the type of organization or form under which it does business; (ii) moving, changing its place of business or adding a place of business; (iii) changing its jurisdiction of organization; or (iv) changing its nine. Debtor will pay for the preparation and filing of all documents Secured Paity deems necessary to maintain, perfect and continue the perfection of Secured Party's security interest in the event of any such change, 6. Perfection of Security Interest. Debtor consents, without further notice, to Secured Party's filing and recording of any documents necessary to perfect, continue, amend or terminate its security interest. Upon request of Secured Party, Debtor will sign or otherwise authenticate all documents that Secured Party deems necessary at any time to allow Secured Party to acquire, perfect, continue or amend its security interest in the Collateral. Debtor will pay the filing and recording costs of any documents relating to Secured Party's security interest. 7, Default. Debtor is in default under this Agreement if. (i) Debtor fails to pay, perform or otherwise comply with any provision of this Agreement; (it) Debtor makes any false representation, warranty or certification in, or in connection with, this Agreement, the Note, or any other agreement related to the Note or this Agreement; (iii) another secured party or judgment creditor exercises its rights against the Collateral; (iv) there is a loss, theft, destruction of or substantial damage to the Collateral; or (v) an event defined as a "default" under the Obligations occurs. In the event of default and if Secured Party requests, Debtor will assemble and make available all Collateral at a place and time designated by Secured Party. Upon default and at any time thereafter, Secured Party may declare all Obligations secured hereby immediately due and payable, and, in its sole discretion, may proceed to enforce payment of the same and exercise any of the rights and remedies available to a secured party by law including those available to it under Minnesota Statutes §§ 336.9 -101 et seq. 44 S. Secured Party Rights. All rights conferred in this Agreement on Secured Panty are in addition to those granted to it by law, and all rights are cumulative and may be exercised simultaneously. Failure of Secured Party to enforce any rights or remedies will not constitute an estoppel or waiver of Secured Party's ability to exorcise such rights or remedies. Unless otherwise required under applicable law, Secured Party is not liable for any loss or damage to Collateral in its possession or under its control, nor will such loss or damage reduce or discharge the Obligations that are due, even if Secured Party's actions or inactions caused or in any way contributed to such loss or damage. 9, Severability, If any provision of this Agreement is determined by a court of competent jurisdication to be unenforceable, all other provisions will remain in full force and effect. 10. Successors and Assigns. All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns, and all obligations of Debtor shall bind its successors and assigns. 1I. Joint and Several Liability. If there be more than one Debtor, their obligations and liability hereunder shall be joint and several, 12. Debtor Certifications. Debtor certifies that: (i) its Name (or Names) as stated above is (are) correct; (ii) all Collateral is owned or titled in the Debtor's name and not in the none of any other organization or individual; (iii) Debtor has the legal authority to grant the security interest in the Collateral; (iv) Debtor's ownership in or title to the Collateral is free of all adverse claims, liens, or security interests (unless expressly permitted in writing by Seemed Party); (v) none of the Obligations are or will be primarily for personal, family or household purposes; and (vi) Debtor has read and understands the meaning and effect of all terms of this Agreement. 13. Governing Law. This Agreement will be governed by the laws of the State of Minnesota, without reference to its conflicts of laws principles. 14. Effective Date. This Agreement shall become effective as of the date signed by Debtr below. DEBTOR: City of Col Heights By: Gary Peterson Its: Mayor Date: July 11, 2011 45 LOAN NOTE Non - Consumer Note No. July 11, 2011 Creditor: CITY OR COLUMBIA HEIGHTS 590 40 °i Ave NE Columbia Ideights MN 55421 Borrower: Stadium Village Properties LLC (Social Security or Tax ID, No.) 950 40 Ave NE Columbia Heights, MN 55421 (Address) Co- Borrower NA NA Name (Social. Security or Tax ID. No,) NA Address The undersigned Borrower(s) (refen'ed to herein as "Borrower ") (jointly and severally if more than one) promise(s) to pay to the order of the Creditor named above (referred to herein as "Creditor ") at the address listed above, or whatever location Creditor may specify, the sum of Seventeen thousand nine hundred ninety dollars and sixty four cents ($17,990.04), to improve the property at950 40'" Ave, Columbia Heights MN 55421. INTEREST Together with interest thereon until paid at the rate of3.9% per annum. Unless otherwise RATE indicated, interest will be charged for the actual number of days in each interest period on the basis ofa 360 day year. PAYMENT This Promissory Note ( "Note") is payable in 33 monthly payments of $580.24 each on the SCHEDULE «Dav» day of each month, starting on drirst Pay Date» and a final payment on «Last Pay Date ». A payment schedule may be requested from the Creditor, This Note may be prepaid at any time without penalty. Prepayments will be applied first to SECURITY, accrued and unpaid interest, and the remainder, if any, will be applied to reduce the principal PREPAYMENT balance. Upon any default by Borrower where Creditor deems it necessary to employ an attorney to enforce collection and /or acquire possession of any property given as security for this Note, Borrower agrees to pay Creditor's costs of collection and reasonable attorneys' fees. THIS NOTE IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS SET FORTH ON THE FOLLOWING PAGE OF THIS NOTE, THE SAME BEING INCORPORATED HEREIN BY REFERENCE. IN TESTIMONY WHEREOF, the Borrower has caused this Note to be signed and delivered as of the date first above written, with all necessary corporate and /or other action having been first and duly taken, FOR BUSINESS ENTITIES City of Columbia Heights By: Gary Peterson By: Walt Fehst Its: Mayor Its: City Manager Stadium Village Properties LLC By: Its: 46 ADDITIONAL TERMS (Continued from the other side) Borrower hereby represents, warrants, covenants and agrees as follows: PARTIES Each party to this Note, whether Borrower (or any individual or entity which comprises Borrower) or any Guarentor(s), and all others who may become liable for all or any part of the obligations under this Note, do hereby jointly and severally waive presentment, demand, protest, notice of protest and /or dishonor, and also notice of acceleration of maturity on default or otherwise. Further, they agree that Creditor may, from time to time, extend or renew this Note for any period (whether or not longer than the original term of this Note) and grant any releases, compromises or indulgences with respect to the Note or any extension or renewal thereof or any security therefore or to any party liable hereunder or thereunder, all without notice to or consent or any of the undersigned and without affecting the liability of the undesigned. INTEREST RATE Notwithstanding anything to the contrary in this Note, the rate of interest on this Note shall not exceed the maximum rate (if any) allowed by law for this type of loan. If for any reason the effective rate of interest on this loan should at any time exceed the maximum lawful rate, the effective rate shall be deemed reduced to and shall be such maximum laavfrl rate, and any rams of interest which have been collected in excess of such maximum Iawlul rate shall be applied as a credit against the unpaid balance due under this Note, EVENTS OF DEFAULT Borrower will be in default tinder this Note upon the oaeunence of any of the following events or circumstances: (I) Borrower's failure to make a payment of principal and/or interest required under this Note when due; (2) Borrower's failure to comply with any other terms, convenanis or conditions of this Note, any separate security instrument which secures this Note, or any other agreement Borrower may have with Creditor at any time; (3) If any warranty or representation made herein or any information in Borrower's application or any financial statements made or submitted to Creditor by or on behalf of Borrower In connection with this Note or to induce Creditor to make this than proves to be false, misleading or incomplete in any material respect when mode or thrnislted; (4) if Borrower or any endorser, guarantor or surety for Borrower in connection with this Note (hereinafter termed "Surety ") should die or become lase/vent or generally unable to meet his, her or its obligations as they become due; (5) if a petition should be filed or other proceedings should be started under the Federal Bankruptcy Code or any Stme insolvency statute by or against Borrower or any Surety; (6) if ajudgment or tax lien should be filed against Borrower or any Surety; (7) if a receiver should be appointed for Borrower or any Surety; (8) if a writ or order of attachment, levy or garnishment should be issued or any proceeding should be started against Borrower or any Surety or any of his oT its property, assets or income, to include anyone's starling a suit or proceeding to seize any of l3onowers or any Surety's funds on deposit with Creditor; (9) if Borrower permits any other lien holder to gain priority on any lien or security interest of the security instrument(s) which secures tins Note, except for any prior security interest disclosed in writing to Creditor that is outstanding when Creditor records its security interest to secure tbisNote; (10) if Borrower should sell, transfer, convey or encumber any portion of or any interest in any collateral securing this Nate without Creditor's prior written consent; (I I) ifBonnwer shall allow any mechanic's lien to be, Bled against any property which was given as security for the Note, if such mechanic's lien is not released or discharged within ten (I0) business days; or (12) if Creditor should consider any debts due ender this Note unsafe or not completely secure, or If Creditor should believe, In goad faith, that the prospect of Borrower's payment or other Performance under this Note is impaired or that the condition or value of the collateral (if any) which secures this Note has significantly deteriorated. ENTIRE BALANCE DUE; RIGHT OF SET -OFF If any of the above defaults should occur, Borrower's obligations evidenced by this Note shall immediately become due and payable, without notice or demand. Upon default, Creditor is hereby authorized to exercise its right of set -off with respect to any Nntls, certificates of deposit, bonds, notes, or other instnunents or monies deposited with Creditor, without notice or demand. REPRESENTATIONS All statements made by Borrower in the Business Credit Application ( "Application ") were trio when made and are true as of the dote of this Note. The proceeds of the loan will be used only for those business purpose(s) set forth in the Application, and not for any personal, family or household purposes. The proceeds of the loan will not be used to pay off other loans, or to do other things that do not improve the energy efficiency of the property to be improved. Loan funds will be spent for the allowable purpose(s) set forth in the Application within sixty (60) days from the data hereof. Except as previously disclosed to Creditor in wilting, Borrower has at least one -third (113) interest in the property to be improved, either as owner or as a buyer under a contract for deed. REMEDIES UPON DEFAULT Upon default, Creditor shall be entitled to exercise all of its rights end remedies authorized by law to enforce the tents of this Note and collect the &11 amount then owed by Borrower, including the rights and remedies provided in this Nate, in any guaranty of Borrower's obligations evidenced by this Note and in any security instrument which secures this Note. Creditofs failure or delay In exercising any rights upon default shall not constitute a waiver of those rights. Acceptance by Creditor of any partial payment after any default shall not be considered a waiver or forgiveness of any default in payments or other default GOVERNING LAW The law of Minnesota governs this Note. Endorsement Without Recourse, Pay to the Order of Creditor. By: Its; 47 06/08/2011 15 :05 6123793875 UNIVERSITY TECH PAGE 02/07 I f One -Stop Efficiency Shop ft: .p„ bbitilig , te ;st i i Seminary of Recommended Lighting Upgrades Estimated • Estimated Lighting Upgrades Costs Anneal Savings Payback Total Installed Cost Wore rebate $26,532.52 one -stop [Ili Shop Rebate $8 74 .88 Your Final Cost After rebate $17,790,64 $6,784.92 2.6 years b Rebate equals 33'% of installed don l7nclaoYng special orders) , *This offer Is only valid for a period of 45 days. The protect costs are based on current equipment pricing, utility rebate levels and customer eligibility requirements. After this offer's expiration date of 05/22/2011 you must request pre - approval and an updated rebate af, br from the One -Stop program before starting the job. Xce) Energy Financing Option Estimated monthly savings $565.41 Monthly loan payments at 3.9% for 33 month term $580,24 2.8 years (b) Estimate based on a loan amount of 517,990.65, including a $200 loon processing fee. The loan term (Including )feel Loan Financing Charge;) has a maximum of 5 years, with monthly Payment; not less than the estimated monthly savings. Final terns and conditions set by bank upon loan approval. 1 t a -vv Ix )I r I t I 2t lSi 01111. r �u i !PY'%I YlilI P� I P- a el i Ia(g� i �P e a Ilh�rll I I ii�11 1 i,. tI a i .ir? ro t v i; i S r w f hl� [ i I 3 n,R ' 3 f�i A I �' i 1 ` 1 I R is 0,111,N0111004 �� „ l if t. , 4 ti 2 1 yy lu /r( I l a �. , , i +1 Ira 1 'l Y : I l.,ti ri .p : L"'� sr:, d + � I p � r � Gd� lr } �f � 5 .�,„ i i �n� fo l VI/ Iwi d 1/ e� 1L'I; �! :: 1/2 n r U' 1 y Ilr t lU��.; a 1ad.ti! 1 N a ;rt E111�"11 r. fit 1 IF t t ,i I y 111 tit a V : i N i i h IN t I I N+ Brit ) 1 ii r ) i i/ mq i..:.1 t � l r Eek III` iir r . 14 I I V. � t lr q't l�� r� " ii d1 ' J ! '1' I t (I 1 a t i A V t 4 1 t, 11 4 il A r� +p�y p i sc 1 I +iNi 1 Pinar i p n �iri { er T 1' r11ari Iciri i '1 t 1 x 11 eIi i IJ r V t:i ) � ,i ' , { . +: ¢ill i�$a ,'fll i[''1 l 6 1 1 , a r e a egftla 1 l (f , s , 9,i1 1 i hcn s 1t a ll t +Sill, , 1 t. } . r; s„ Ir v I' M ul Nrl i /0,24: I 1 et1 t p w 1 1 rill dins 1 Illivr d t, 1 i i1. a 1 h na ppp .lik ambit W , ! ti v ll t r fd , '� p n1 a n , s I J . , 9 l 443.1 y'4 a , i l N y. l t j r, ry I 1 ! p� 6 1 � I 11` I lk' �1 N� IIw'lp P"a p111�1 i 1 r „ 9 1 1 Ii '1 r ,. li �' '`Od tor ". ,, g t p �L � � n ) 1a„�pr ;nl `Fl ,,�ry11 '� If ' �r 'M yl�)I,� �ltt4 M1 i takl , n rd .to e I a ° i ud i;.1 ;! Ul f L�� I 4 N 9114 1.I 719;1 I if fr 14 i 1 11,1∎ a I,d.,f,.. V r.0 ∎: ; • How do CO2 emissions effect me and my business? 1{ Rising concentrations or greenhouse gasses (GMs) produce an Increase In the average surface temperature of the Earth over time. Filipino temperatures produce changes in precipitation patterns, storm seventy, and see level commonly referred to as "o8mete change." 0 Carbon dioede (CO2), methane, nitrous oxide and tour groups of fluorinated gases heifer hexefluoride, HFCs. PFCs and CFCs) are the major GHG. in the U.S., GHG emissions cane pnmadiy from the combustion of fossil fuels In energy use. CO2 emission's from coat -bred electricity generation comprise needy 80 percent of the total CO2 emissions produced by the generation of electricity In the U.S. A Installing energyeffiaieru lighting and implementing other conservation measures that reduce electric energy Vas significantly reduces GHG emmiseions and mhlgates global climate change Reed more at; www.eie,doegov or wmv,epagov • (a) Savings estimates are based on standard engineering calculations and are NOT guaranteed. Your a teat savings may be higher ar lower depending on various factors, including bow you operate your lights and other electric equipment in your building (07 00,00 [0] 00,00 00) Eiccatc Utility Rates to 50.0544/kWh and SS92JkW, Stadium Village Properties LLC Program toil Xttl Aced? • ass teal Ave NE page 2 Customer Report (04/01/2011 11;51) t 629151 l 3 02 15 06 64 J , Calumets Heights, MN 65421 48 06/08/2011 15 :05 6123793875 UNIVERSITY TECH PAGE 03/07 } One -Stop Efficiency Shop irti%sailsit Ai- mat laid Recommended Lighting Projects Schedule Name Installed Estimated Recommended Lighting System Upgrades & Hours/yaw Cost Anuual Sttetted of Operation (Wi (boulnebett) Savings Area A: Ramp /Stairwell Wrm r. m i �d t'I f$' r d ? U i n< : ii 11 it tt � i � i� � I d� �I fi s Y !� �11 f a, li I4 �� 1 � to t i i ;PA 4, a i,, ,t4, 1 ipa1 (,9,{ I � 41141 'Pt t 1 ; ��� t , �i p �' 1i ' (1 i l' INN* l �'^ �, � V. ��'�'� I t ;' ��� _ � � � ,I13 `_ � I R �� ` ;.JSa' ! la e • �.a i �� ti Qty Watts EXISTING Lurnlnaire Qty Watts NEW Luminain 112 120 HPS 10051 1 L 112 M $T$ 4' 32W ELC2 I5 (HIPer) 2L -Nowfx Area B: 2nd and 3rd Level Y L n .[� k:::;5100:7:11 I l lk I tl I t r q J1 1:3, ! 1 1 1 1 1p 0 �� 1 F ( . / r�r l YC N?� �A h),Aar 'w i 1 Limo! il' 4"1 q I � �i g i i . � � n 19 a " .l i: iryc lg 411 7 % ,7 1 L1{I: ,. ■ ;U" 1, t ..,n - d. I�. •t,. , ll i r i l l . N0. Gty Watts EXISTING Luminairo Qty Watts NEW Luminain 85 128 IMPS 10051 IL 86 55 ET8 a' 32W ELC2 IS QIPer) 2L- NewFix+ Totals (Including special orders) $26,532.52 S6,784.92 Stadium village Properties LLC Progtsm ICs 'NH Accra 950 40th Ave NE Page 3 Customer Report (04/07/2011 11:51) F/511F11 302154664 1 Columbia Heights, MN 55421 49 • 06/08/2011 15:05 6123793875 UNIVERSITY TECH PAGE 04/07 ,., One -Stop Efficiency Shop 4r > :aa at 14 1. ar'a4.1atw Customer Participation Agreewont I, the undersigned, agree that to the best of my knowledge Om lighting schedule below accurately describes how the lights are operated at the facility listed In this document. 1 understand that the energy or cost savings reflected in this analysis nee estimates, and that Center for Energy and Environment (CEE) and Reel Energy do not guarantee that a specific level of energy or cost savings will result From the implementation of energy conservation measures or the use of products funded under this program. I also give CEE permission to submit, on any behalf, all Xcel gncrgy rebate and flnaneang forms required for the One -Stop Efficiency Shop program. 1 understand that 81 electival code violations that are found during the lighting system Inspection or during Installation must be brought up to code at the customer's expense. Costs for correcting code violations are NOT included in the installation costs quoted in this document 1 understand that my lighting contractor must contact the auditor in order to participate In the One - Stop Program, and that t WILL NOT BE ELIGIBLE FOR THE REBATE UNLESS MY CONTRACTOR CONTACTS THE AUDITOR. (One - Stop Auditor; Jamie Flake, Cell Ph. 612- 670 -2100) select One '\ I. • \, Financed Signature China, Wiliam .bate • ❑ Cash Customer Cost: $17,790.65 (Including special orders) • Lighting Schedules Your fighting savings aro based on the following average hours of operation Lighting Schedule Name Mon ' Tuts Wed Thar Fri Sat SAID 7X24 12:00 AM 12:00 AM 12:OOAM 12:00AM 12 :00 AM. 12:00 AM 12;00 AM • - to to to to to to to 8,7601us/yr 12 :00 AM I2'00 AM 12:00 AM 1200 AM 12:00 AM 12:00 AM 12: AM Operating Hours 12.5 his 12.5 hrs 125 Ns 12.5 hrs 12.5 his 12.5 bra 12.S hn 4,5621us1yr • Stadium Village Properties LLC Progtwnlmg Xcal Ascia 95040th Ave NE Page 4 Customer Report (04/07/201111:51) { 629151 Ji 502154669 1 Columbia Heights, MN 55421 50 86/08/2011 15 :05 6123793875 UNIVERSITY TECH � y PAGE 05/07 PROPOSAL Endurance Electric, Ina DATE ESTIMATE NO. 22108 Manning Trail North 4/25/2011 _ 560 Scendia, MN 55073 (651)433.5100 (651) 433 -4840 Fax Pro 'mat Submitted To: Work To Be Performed At: Name U Tech Center Name Same Address 1313 5th St Address City Minneapolis, MN 55414 City We hereb ro ose to furnish the materials and perform the labor neeessar for the completion of: ITEM QUANTITY ITEtv T TITY • Remove old high pressure sodium lights in the parking garage, and mimics with new T8 fluorescent lights. supplied by UTEQ. The lights to be replaced are In the stairwells, first level, second level, third level and four lower lights On the fourth level. This price does not include the high parking lot lights on the fourth level or extra parts for covering up junction boxes or mounting the new light fixtures, these parts are to be supplied by UTEC. There are 188 new lights to be installed and 214 high pressure sodium lights to taken down. It possible 1 would like payment to be broken up into two pads; $2,000 to start the project and the remaining $5,500 to be payed when the project is completed. Thank You for your business • All material guaranteed to be as spectlled, and the above work to be performed In accordance with the drawings and specifications submitted for the above work and completed in a substantial workmanlike manner for the sum oft 'Dollars: 57,500.00 1 with payments to be made as follows: 100 due 2 weeks from date of closing Respectfully Submitted: NOTE: This proposal may be withdrawn by us If not accepted within 90 days. • Any alteration or °aviation Irom above $peCincatlons involving extra wale, win be executed only upon written otters, and will become en extra charge **wand above the estimate, All agreements contingent upon minces, secidenls or delays beyond wrcontrot. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen% compensation and public Ilebinry insurance on above worK to be Taken out by Endurance £leciltc, Inc. ACCEPTANCE OF PROPOSAL. I h* above pftCea specn,tations %m conditions are easetectory and ere nereby accepts& waif are authorizes to do Via worK es apemen, Paymonl will be made ea outlined above. Date: .Signature: • • 51