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HomeMy WebLinkAbout4/9/14 AgendaCITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 9, 2014 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ STAFF PRESENT: FISCHER ____ C. PRESENTATIONS: 1. St. Anthony Police Department Annual Report – Police Chief John Ohl D. APPROVAL OF MINUTES: March 26, 2014 E. PUBLIC HEARINGS: 1. Mounds Park Academy Project Conduit Financing Bonds F. CONSENT AGENDA: 1. General Disbursements through 4/4/2014: $100,419.57 Payroll through 3/31/2014: $16,041.99 2. Approval of City Licenses 3. Addition of a Chicken Permit Fee to the City’s Schedule of Fees for 2014 G: POLICY ITEMS: 1. Joint Powers/Cooperative Construction Agreement for Curtiss Field H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: Police Department ANNUAL REPORT 2013 City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 City of Falcon Heights This is a summary of the activities and development of the St. Anthony Police Department over the past year. This report includes an executive summary, patrol review, investigative review, crime prevention efforts, crime statistics, and a variety of other police department details and actions. City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 ANNUAL REPORT 2013 Police Department Table of Contents City of Falcon Heights I. Message from the Chief ............ 1 II. Crime Statistics ...................... 2 III. Patrol Review .......................... 6 IV. Investigation Review ................ 8 V. Police Education Summary ....... 9 VI. Police Reserve Summary ........... 10 VII. East Metro SWAT/WMD Summary .................................12 VIII. Crime Prevention Summary ...... 14 IX. “In the Mailbox” ..................... 18 X. 2013 Accomplishments ........... 20 XI. 2014 Work Plan ...................... 20 I. Message from the Chief 2013 Annual Report · Police Department · Falcon Heights, Minnesota 1 City of Falcon Heights Honorable Mayor, Council, City Administrator, and Citizens of Falcon Heights: This year I had an opportunity to attend a flag raising event which was well attended by many military veterans. As we sang the National Anthem, I watched as some of those in attendance got teary eyed and it made me think about their sacrifice and what it means to be a “good citizen.” The officers of our department do not work in a vacuum, as a matter of fact, it is the exact opposite. We need our citizens to be engaged and active in a mutual collaboration with the police to have an effect on crime. It is imperative that we secure the willing cooperation of our good citizens, and that we create an atmosphere of mutual respect and trust. We need our citizens to feel connected with the police and we need to foster these relationships so being a “good citizen” has value and meaning. Understanding how this relationship effects crime is key. I believe our officers understand how utterly dependent we are on our good citizens and display this understanding in all of our day to day interactions. Working together with the police, good citizens can have a profound effect on crime and it is my pleasure to lead an organization that truly understands this important relationship. It is with great honor and respect that I present the 2013 annual report to the good citizens of Falcon Heights. Respectfully, John Ohl Chief of Police I. Message from the Chief 2 II. Crime Statistics 2013 Annual Report · Police Department · Falcon Heights, Minnesota FALCON HEIGHTS - PART I AND PART II CRIMES Part 1 Crimes Murder Rape Robbery Agg Assault Burglary Theft MV Theft Arson 2013 0 0 2 4 18 86 5 0 2012 0 0 1 3 26 112 12 0 +/-0 0 +1 +1 -8 -26 -7 0 Part 2 Crimes Misd. Assaults Property Damage Forgery DOC Liquor Weapons Drugs 2013 10 9 0 7 1 0 13 2012 12 25 3 6 5 3 9 +/--2 -16 -3 +1 -4 -3 +4 Part I and II Crimes over the past five years 2009 Part 1 100 Total 200 Overall Clearances 60% Part II 100 2010 Part I 116 Total 204 Overall Clearances 51% Part II 88 2011 Part I 113 Total 194 Overall Clearances 50% Part II 81 2012 Part I 154 Total 276 Overall Clearances 49% Part II 122 2013 Part I 115 Total 215 Overall Clearances 50% Part II 100 Average Part I and Part II clearance rates for Hennepin County in 2012 was 41% Average Part I and Part II clearance rates for Ramsey County in 2012 was 37% Part I Crimes decreased by 39 in 2013 Part II Crimes decreased by 22 in 2013 II. Crime Statistics II. Crime Statistics 2013 Annual Report · Police Department · Falcon Heights, Minnesota 3 City of Falcon Heights Falcon Heights - Part I Crimes Mu r d e r Mu r d e r 2012 2013 30 40 50 75 100 125 20 10 5 4 3 2 1 00 2 1 4 3 18 26 5 12 00 86 112 000 Ra p e Ra p e Ro b b e r y Ro b b e r y Ag g A s l t Ag g A s l t Bu r g l a r y Bu r g l a r y Th e f t Th e f t MV T h e f t MV T h e f t Ar s o n Ar s o n 4 II. Crime Statistics 2013 Annual Report · Police Department · Falcon Heights, Minnesota Falcon Heights - Part II Crimes As s a u l t s As s a u l t s 2012 2013 50 100 200 300 400 25 10 5 4 3 2 1 12 9 25 5 1 3 9 1310 7 00 3 6 0 Pr o p e r t y D a m a n g e Pr o p e r t y D a m a n g e Fo r g e r y Fo r g e r y DO C DO C Li q u o r Li q u o r We a p o n s We a p o n s Dr u g s Dr u g s II. Crime Statistics 2013 Annual Report · Police Department · Falcon Heights, Minnesota 5 City of Falcon Heights Other calls/incidents of interest in 2013 20122011 2013 3100 3050 3000 2950 2900 2850 2800 2905 2946 3061 Total Calls for Police Service - 3,061 Domestics 36 Disturbance Calls 50 Suspicious Person/Vehicle 151 Medical 205 Juvenile Runaway 1 Juvenile Tobacco Use 0 Juvenile Curfew Violations 0 Underage Drinking Arrest 0 Disorderly Conduct 8 DWI 36 False Alarms 70 Alarms – No Report 38 Sale of Tobacco to Juvenile 0 Permits to Purchase Handgun 26 6 III. Patrol Review 2013 Annual Report · Police Department · Falcon Heights, Minnesota III. Patrol Review Prepared by Sergeant Jeff Spiess Gatekeepers of a positive and professional image. Promoters of trust, relationship-building, community, cooperation, and respect. This easily describes the patrol officers of the St. Anthony Police Department. They are the most visible arm of government and have the most impact toward furthering the mission and vision of the department. The patrol officer is responsible for enforcing all laws, from parking tickets to felonies, and knowing how and when to use discretion to effect the best outcome. They work to deter crime by being present and visible, but also utilize their skills to conduct preliminary investigations when a crime does occur. The patrol officer is also present in the community to gauge the wants and needs of the citizens and to respond accordingly within the guidelines of state statue, city ordinance, and department policy. It is this involvement that is absolutely necessary to bring about a strong and enjoyable community, and is something for which each patrol officer strives. An important component of the patrol division is the Community Service Officer (CSO). The CSO is a non-sworn member of the department, but is visible in the community to assist in duties that do not necessarily require the involvement of a sworn police officer. Some of duties of the CSO include parking enforcement, animal control, traffic control, equipment repair and maintenance, and the same community partnerships as is necessary and desired by the patrol officers. In 2013, the St. Anthony Police Department has strived for and accomplished 24 hour patrol supervision. In order to accomplish this goal, the department promoted an officer to the position of Sergeant, which provided for a supervisor assigned to each of the four patrol shifts. For circumstances when a supervisor is off the schedule, the most senior patrol officer now serves as the Officer in Charge (OIC). Each officer with the potential to serve as the OIC has accepted the opportunity and completed training to better prepare them for this position of leadership. III. Patrol Review 2013 Annual Report · Police Department · Falcon Heights, Minnesota 7 City of Falcon Heights Though numbers are easily used to evaluate performance, the difficult to measure activities of the patrol officers should not go unnoticed. One of the most important things an officer can give to the community is time and determination. Some of the most impactful aspects of effective patrol comes from spending the extra time to make a difference in the community and solving problems at their root. This can be anything from a problem intersection, a roadway that needs more police presence, or working with a community group to address a neighborhood nuisance. These are all functions of the patrol officer and one that is engrained in the culture of the department. Dedicated enforcement action, education, and a culture of community- oriented policing at the patrol level is what furthers the goal toward maintaining our safe and enjoyable community. Active enforcement of the traffic laws are essential to suppressing and deterring crime, reducing traffic crashes and maintaining safe roadways. In 2013, the St. Anthony Patrol Division was committed to these goals and their dedication is evident by the following patrol statistics. Total Citations Issued: 1944 • 1608 were for moving violations • 336 were for non-moving violations Total Arrests: 649 • 34 were for Driving While Intoxicated (DWI) • 539 were for traffic related offenses • 41 were for criminal offenses • 27 were for Felony level crimes • 8 were for outstanding warrants 34 539 41 27 8 2013 Total Arrests: 649 DWI 34 Traffic 539 Criminal 41 Felony 27 Warrant 8 8 IV. Investigation Review 2013 Annual Report · Police Department · Falcon Heights, Minnesota IV. Investigation Review Prepared by Captain Cotroneo Solvability Factors. What are they and how are they used by the police department to help determine which cases are worked, and most, eventually brought to a successful conclusion. A successful conclusion is when a case is cleared by an arrest, exceptionally (it can be determined that more than one crime may have been committed by one or more individuals, but the suspect is deceased or is only charged with one crime) or unfounded. The term “Solvability Factors” is defined as any factors affecting the probability of successfully concluding a case. Examples of such factors are as follows: • Is there a witness to the crime? • Is suspect named? • Is there a description of the suspect? • Can a suspect be located? • Can a vehicle be identified? • Is stolen property traceable? • Is physical evidence present? • Is there a distinguishable modus operandi? These factors are primarily used in “property crimes” (i.e., Theft, Burglary etc.). All “crimes against persons” have an investigator assigned and all leads are followed up on until an arrest is made, or there’s a dead end in the leads. Of course, any case can and will be re- opened at a later time, if new information is received. The investigative unit reviews all reports of crimes taken by the Patrol Division of the Department. The unit then looks for solvability factors, to help determine how far each case is taken (primarily based on these factors). This is done out of necessity, as the unit consists of one FT Investigator, Tim Briski, and a rotating investigator position, held by a patrol officer. The patrol staff has the ability to rotate into this position for a 3 month period, as a career enhancement position. This position also provides the opportunity for the patrol staff to better understand what is needed to bring a case to a successful conclusion. Listed below are the total number of Criminal Investigations in the City of Falcon Heights, for the year 2013, and what percentage of them were cleared. Total Criminal Cases: 215 Total Cases Cleared 109 Total Cases Cleared by Arrest 94 Total Cases Cleared by Other 15 CLEARANCE RATE: 50% Det. Tim Briski V. Police Education Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota 9 City of Falcon Heights V. Police Education Summary Prepared by Lieutenant Scholl Training in 2013 was much like other years; however, we did conduct some of our education via on-line classes. Several legal updates and court proceeding classes were done using the World Wide Web. Received training came from some of the best at the County Attorney’s Office, Bureau of Criminal Apprehension, and Chiefs of Police Association. Our OSHA certifications, covering hazardous materials and blood borne pathogens, were done on-line. Internet training saved on time, travel, and in turn saved on expense. This type of training is valuable and is here to stay. I got into this business three decades ago. Way back when we tested our impaired drivers on a breath test instrument called the Breathalyzer. Some of our current department officers were not even born yet. There were few certified operators around. In 1984, the state moved to the Intoxilyzer 5000 Breath Test Instrument. Over the years the majority of our department became operators. This took time. In 2011 the state moved to the DMT-G “Datamaster” with fuel cell option. These moves caused a lot of educational demands. In 2013 we finished up our certifications with three patrol officers. They can now process a DWI from the arrest, through booking. These certifications are very beneficial. They free up other certified operators, keep officers on the street, and out of court. In this complex world, we work to influence people and co-workers in positive ways to achieve goals and objectives. We practice moving people in positive directions and, making even small changes in how we work with others, can produce surprisingly large results. 2013 was a year of achieving better communication and leadership skills. No one becomes a law enforcement officer without leadership skills. We improve on these skills any chance we get. This department kept current and improved on its knowledge of search and seizure, EMS, legal updates, use-of-force, stress influences, risk management, death investigations, and leadership. Your Officers make good decisions. We focused on the on-going challenges and decisions faced in building great teams and preparing for changes ahead. It is a testament to how well our team performs 10 VI. Police Reserve Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota VI. Police Reserve Summary Prepared by Officer Tressa Sunde What is a Police Reserve Officer? My definition of a Police Reserve Officer is a civilian who has a calling to give of themselves for the benefit of others. Someone who is willing to volunteer their time, sometimes hundreds of hours, to help the communities in which they live and work. Someone who is willing to spend hours in a squad car, day and night assisting sworn officers with activities such as; handling parking complaints, animal complaints, patrolling the neighborhoods and businesses, parks and schools. Someone who is willing to help with stranded motorists and transport prisoners so the sworn officers can remain in the cities they are assigned to serve and protect. Reserve Police Officers are a selfless group of people who are willing to do things others are not willing to do. For that very reason, I commend all who do this ‘job.’ It has been 5 full years since I took over as the Reserve Coordinator and I love it as much now as I did the first day I started! Maybe it is because I started my own career with St Anthony as a Reserve Officer and I feel a very personal attachment to the program. This year was like others in many ways, with turnover always being at the top of the list. This year we had three of our Reserves resign because they were hired as sworn police officers!! That makes me so happy! All have said their experiences with St Anthony was a leading factor in the hiring process. That makes me very proud! Ryan Googins was hired by Dakota County as a Deputy, Tyler Wakasugi was hired by New Brighton Department of Public Safety and Jesse Zajac was hired by Metro Transit Police. All three gave hundreds of hours to the Reserve program and quite honestly will be missed tremendously. It was especially hard to lose Jesse Zajac as he had been a Reserve for almost 13 years!! The departments who hired them are very fortunate. Congratulations to them all. We had four officers graduate from the Hennepin County Reserve School. Jody Steffen and John Nordin graduated in May and Anja Eichinger and Nick Hoffman graduated in November. All said it was a great experience and were very thankful for the opportunity to attend. They represented us well. This year we hired four new Reserve Officers and, as I have said before, this is no easy task! Finding the right fit for our ‘family’ of officers can be very time consuming and frustrating at times. But once again, we succeeded. In August we hired Anja Eichinger, Nick Hoffman, Patrick O’Keefe and Anthony Brama. The hiring came as a result of losing Ryan Googins and Carolyn Quick. Carolyn leaves behind a legacy…she single-handedly (at times it seemed) put in the majority of hours for several years. Carolyn resigned after almost 13 years with the St Anthony Reserve Program. She will be greatly missed! VI. Police Reserve Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota 11 City of Falcon Heights In November, we lost Anthony Brama as his school and sports schedules became too busy to allow for him to volunteer the time he wanted to. In December, we lost Tyler Wakasugi, Jesse Zajac and Jesse Sweeney. Tyler and Jesse as mentioned above were hired as sworn officers and Jesse Sweeney resigned after the birth of his first baby and the impending birth of his second. We wish him luck and much sleep! This year was an incredible year for hours. More hours were volunteered this year than any other year! The total number of hours this year was 3635, that is over 2100 hours more than last year. Truly amazing! This years’ Reserve Officer of the year is Dane Lazenberry who put in an incredible 694 hours alone! This year the Reserve Officers volunteered 156 hours just for Village Fest and another 244 during the State Fair. This year we also were able to buy some much needed new equipment for our Reserves to help then do an even better job. I cannot say enough good things about the Reserve Program and am proud beyond belief and am excited for what 2014 has in store for us!! 12 VII. East Metro SWAT/WMD Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota VII. East Metro SWAT/WMD Summary Prepared by Officer Mike Huddle St. Anthony PD maintained our long membership with East Metro SWAT in 2013. The participation of four St. Anthony police officers in various roles with the team contributes to the stability of the organization. In addition to St. Anthony PD, East Metro SWAT is currently comprised of three other agencies: North St. Paul PD, Roseville PD, and the University of Minnesota PD. The team is governed by a board of Chiefs of Police from each of these agencies. Each team member logged approximately 160 hours of training throughout 2013. This training included a week at Camp Ripley in which the team focuses on all aspects of tactical work, including command post functions, communications, planning, hostage negotiations, and tactical operations. In 2013, we received two robots designed and manufactured by Minnesota based Recon Robotics. These robots were purchased using grant funds awarded in 2012. The portable robots allow the team to conduct searches of buildings or open areas without exposing Officers to direct threats. We also maintain an armored vehicle, which was purchased four years ago with federal grant funds. This vehicle has the ability to protect occupants from gunfire, which will allow Officers to conduct rescues and directly confront armed threats. This vehicle is available as a resource to other jurisdictions, and we have conducted training in 2013 with tactical units from other agencies to share such resources. East Metro SWAT was involved in a large scale, multi-agency active shooter training event conducted on the University of Minnesota Campus during the summer of 2013. This training event evaluated the response effectiveness of several law enforcement, EMS, and fire department elements to respond to an active shooter incident. Operationally, 2013 followed a trend from the previous year of relatively low activity for the team. Few high risk warrants and barricaded subject incidents occurred in any of our jurisdictions. St. Anthony PD also assigns one Officer to the Hennepin County WMD Tactical Team. This Officer has been with the WMD Team since the team was formed in 2004. This team is under the authority of the Hennepin County Sheriff’s Office and is comprised of tactical officers from several police departments throughout Hennepin County, the Minnesota State Patrol, MSP Airport PD, and the Ramsey County Sheriff’s Office. Our SAPD Officer is one of VII. East Metro SWAT/WMD Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota 13 City of Falcon Heights four team leaders on the WMD Tactical Team. The WMD team is equipped and trained to respond to incidents involving WMD or hazardous material substances. We work and train closely with support from the MN National Guard 55th Civil Support Team. The WMD Team has very few operational assignments, most of which have been in support of the US Secret Service for dignitary protection details. Approximately 100 hours of training were completed with this team in 2013. This training included one week Advanced WMD Tactical Operations course that was delivered by instructors from Louisiana State University. This training took place in various parts of the metro area, including Target Field and a Metro Transit facility. Training focused on preventing, responding to and mitigating a WMD threat to our communities. The Sheriff’s Office purchased their own armored vehicle with grant funds in 2013. This vehicle is also available at no cost to other agencies. The armored vehicle, called a BEAR, is manufactured by the same company as the vehicle maintained by East Metro SWAT, but differs is a number of areas. The BEAR is twice as large as the one East Metro SWAT has, and has support systems on board to meet the needs of the WMD Team mission. This vehicle will offer law enforcement and members of the public greater protection from violent threats, as we may confront these incidents more quickly, directly and safely. Equipment and training costs are covered by the county or available state and federal grants. The equipment and team resources are available to participating communities at no cost. As with other resource sharing ventures the Police Department takes part in, membership in both East Metro SWAT and the WMD Team allows our communities to have immediate access to greater networks and resources at reduced cost. 14 VIII. Crime Prevention Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota VIII. Crime Prevention Summary Prepared by Sergeant Jon Mangseth All too often, our Officers are called upon to assist people after they have been a victim of a crime or a tragedy has occurred. Many of our contacts involve arresting offenders and assisting people as they cope with loss of family members, loved ones or deal with the loss of property. In offering Crime Prevention programs, we focus on increasing the overall quality of life by having positive, meaningful and educational contacts with citizens and organizations in our community. Some sense of balance is hopefully achieved by teaching our Officers to offer crime prevention messages and strategies that empower people to take control of a negative situation, instead of leaving them feeling like a victim. It is our goal to empower our community members to watch out for themselves, each other and the community in which we live and work. It is also our goal to be proactive in offering CP seminars and programs that encourage situational awareness and preparedness, prior to a bad event occurring. In the following paragraphs I would like to share with you what we have been able to accomplish, with our community partners, for the year 2013. Please be aware that this is not an all-inclusive list of activities that were conducted. The St. Anthony Police Department ascribes to a four pronged approach for policing our community: • Arrest Offenders • Prevent Crime • Solve Problems • Increase the Overall Quality of Life in Our Community January: • Officer Tressa Sunde and Sgt. Jon Mangseth completed sixteen hours of training in Crime Free Multi Housing (CFMH). The training was sponsored by the Minnesota Crime Prevention Association. February: • Officer Dale Moore assisted City Staff with the design and process to integrate an online traffic complaint report form. The idea behind this feature is to allow residents to simply complete a form through the Falcon Heights Website to address specific traffic related problems in their neighborhoods. • Chief John Ohl met with a group of children involved in a program called Destination Imagination. These kids were working with a student organization, from the U of M, to remove graffiti from a cement wall behind the homes on Folwell Ave. He discussed strategies for graffiti intervention. March: • Officers Dale Moore and Ryan Baker attended the annual Boy Scout Pack 153 Pinewood Derby and competed in the “Celebrity Race”. • Officer Kiel Rushton met with Falcon Heights CERT members and provided information regarding emergency traffic direction and management. April: • Officers Dale Moore and Joseph Kauser attended the Night to Unite awards ceremony at the MN Bureau of Criminal Apprehension. • Officer Tressa Sunde completed forty hours of instruction and was certified in crime prevention through environmental design (CEPTED). The class was sponsored by the Minnesota Crime Prevention Association. VIII. Crime Prevention Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota 15 City of Falcon Heights • Sgt. Jon Mangseth attended the student Destination Imagination service clean-up project on the walking path bordering the U of M Golf course and the Grove neighborhood May: • Officer Jeronimo Yanez took part in the Standing of the Memorial Guard event as part of Law Enforcement Memorial Day and National Peace Officer’s Day (May 15th). He participated by standing watch at the Law Enforcement Memorial Monument, in front of the Capitol. June: • Chief Ohl, Capt. Cotroneo, Sgt. Spies and Officer Sroga, along with family members, ran a 3 mile leg of the Law Enforcement Torch run to benefit Special Olympics. • Officer Jim South was invited to speak at the Coffman Condos in regard to emergency management and weather related preparedness. • Chief John Ohl gave a presentation to a group of children at the Falcon Heights United Church about “what it is like to be a “Peace Maker”. The group was children from K-5th grade associated with a summer program at the church On June 12th and 13th the St. Anthony Police Department with the assistance of the St. Anthony Fire Department, St. Anthony Community Services and Falcon Heights Parks and Recreation held its third annual Summer Survival School at Central Park. The event brought 51 incoming 4th graders from St. Anthony, Falcon Heights and Lauderdale area for two days of safety education. Topics included Firearms Awareness, Internet Safety, Summer Weather Awareness, Electrical Safety, Bike Safety, 911 Dispatch, Physical Fitness Awareness and Drug Awareness and Safety. The campers also had visits from the Hennepin County Crime Lab, the East Metro Swat Team, Roseville Police K-9, and the State Patrol Helicopter. The kids had a chance to visit the fire station, operate working fire hoses, Learn CPR and dress up in fire gear. Lunches were provided by Culver’s and Broadway Pizza of St. Anthony. All campers received a certificate of completion as well as a Summer Survival School T-Shirt. The police department looks forward to the 4th Annual Summer Survival School coming in 2014. 16 VIII. Crime Prevention Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota August: • Nine Falcon Heights neighborhood groups joined thousands across the state to celebrate MN Night to Unite. This was our 18th year of celebrating this special night in Falcon Heights. We thank CUB Foods for donating pails of Kemps ice cream for the event. July: • Officers Dale Moore and Ryan Baker participated in the annual 4th of July neighborhood parade in the Moore St./Prior Ave. neighborhood. They gave squad car tours to families. • Capt. Dominic Cotroneo, Officers Jonathan Schlingman and Elliot Erdman, along with Reserve Officer Steven Olson, attended the Ice Cream Social Event at Community Park. During September, October and November the St. Anthony Police Department hosted its sixth Citizen Police Academy. The Citizen Police Academy was developed by Officer Tressa Sunde and Sgt. Jon Mangseth. Officer Sunde did an outstanding job of organizing and preparing for each of the eight sessions. Students covered such topics as: Patrol Procedures, Property and Personal Crimes, Criminal Procedures, DWI/DRE, the Use of Force/ Defensive Tactics, Intro to Firearms, Simunition Shoot, DARE, Crime Prevention and the Reserve Officer Program. The Hennepin County Crime Lab unit provided a presentation on how various crime scenes are processed. K9 units from Hennepin County and Roseville PD attended the last session and provided an in depth discussion of how K9’s are utilized in law enforcement. Many of the students remarked at how “hands on” and interactive the experience was for them. Through the experience, many participants indicated they were able to dispel currently held myths of Law Enforcement and gain a realistic understanding of the pros/cons of being a Police Officer. In total we had eighteen participants attend the program. • Officer Jeronimo Yanez attended the Falcon Heights Neighborhood Commission meeting at City Hall. • Officer Mark Mosby was invited to attend the back to school parade at Falcon Heights Elementary. He led the parade and provided traffic control. September: • Reserve Officers Steven Olson and Anthony Brama, along with Officer Ryan Baker and Sgt. Jon Mangseth, assisted with traffic control and safety at the Falcon Heights/Lauderdale fun run. • Sgt. Jeff Spiess and members of our Reserve staff attended the “Touch a Truck” event. The concept behind the event is to let kids see, touch and interact with Law Enforcement emergency service vehicles and personnel. VIII. Crime Prevention Summary 2013 Annual Report · Police Department · Falcon Heights, Minnesota 17 City of Falcon Heights • Chief Ohl, Capt. Cotroneo, Sgt. Spiess, Officers Mosby, Sunde, Hess, Sroga, Dokken, South and Schlingman welcomed children and their families to the SAPD to participate in the “Shop with a Cop” program. The participants were chosen by the school district. The families were treated to a tour of the police department. Each child was provided with a Wal Mart gift card to purchase Christmas gifts for their family. October: • Chief John Ohl and Sgt. Jon Mangseth attended a community meeting at Falcon Heights Town Square Apartments. Building security, personal protection and 911 were points discussed by Officers. November: • Sgt. Jon Mangseth attended the Northhome neighborhood meeting at the Coffee Grounds. Traffic management concerns were discussed. December: • Chief J. Ohl and Sgt. J. Mangseth provided a sexual assault presentation to 45 area residents at the community center. • Sgt. Jon Mangseth met with the Regional Manager for Sherman Associates and the onsite manager at Townsquare Apartments to discuss security issues at the building. A premise survey was conducted. Throughout this year officers conducted tours of the police department for two Boy Scout troops. Several tours were conducted for children/parents from community services and one tour was provided to students from Century College, where Officers Spiess, Sunde and South volunteer in a mentoring program. Our Officers volunteer to engage in a wide variety of community based activities throughout the year, while still maintaining a full time active role in patrolling our community. Officers logged well over 100+ “stop and talk” proactive patrol details over this past year. Officers provided countless hours of extra patrol at our local schools and after school programs. These activities may not be as noteworthy as the others previously mentioned in this report, but they do have a strong impact on the well-being of our community. From the start of their careers, St. Anthony Officers are encouraged to provide a community orientated approach to policing. They are asked to be teachers, coaches and mentors as they perform the often challenging law enforcement function. Many Officers volunteer their time to support the functions mentioned in this report. It takes a great deal of time and patience as Officers develop these skills and the skills required to reach the goals of policing a community. Our Patrol Officers, Reserve Officers, support staff and Command Staff all take great pride in offering quality programs and support to the community we serve. On behalf of the St. Anthony Police Department I would like to thank our local businesses, civic organizations and volunteers that have helped us deliver the programs and services described in this report. 18 IX. “In the Mailbox” 2013 Annual Report · Police Department · Falcon Heights, Minnesota IX. “In the Mailbox” These are just a few excerpts of the many letters the police department receives from the citizens we serve. It was an excellent course that captivated me and all my classmates for all eight weeks and wanted more… By attending the class, I came away with a new understanding of the complexity of a job in law enforcement and the everyday risks you endure. The St. Anthony Police Officers show nothing but outstanding dedication and professionalism for the city. Our staff love you and your talk! It feels great to know you and your officers are always protecting us! As the parent reacting to a somewhat alarming situation, I felt they were sensitive and nonjudgmental. There were many ways of handling the situation that occurred that evening and my husband and I really appreciate how these officers chose to. Thanks for all you do. This is a wonderful place to live because of the continued efforts of the police department Less than 5 minutes after making the call, your patrol officer for our area arrived and was searching around our house and came in to gather some more information. While this was certainly not a “serious incident” it surely upset my wife and I. Your department always took the matter very seriously and responded with professionalism, courage and expertise. All things that I have come to know and admire about the St. Anthony Police Department. My family owes that patrol officer and your department a big thank you for the great work. I was impressed with your passion and your message. Your department provided us with crucial liaison and coordination and a timely exchange of information. Working together, I believe we were able to make a real difference in preventing the possibility of any potential violence on the part of the subject and ensure the safety of our client and your citizens. We are grateful to your department. I just wanted to email you to let you know how much I appreciated the help an officer gave me last night. I was dealing with a situation in which unauthorized individuals entered my apartment and the officer was very polite and comforting. The officer even went the extra mile by finding out additional useful information and called me back. Sounds like you have a great team of people over there. IX. “In the Mailbox” 2013 Annual Report · Police Department · Falcon Heights, Minnesota 19 City of Falcon Heights The two officers were so compassionate, and understanding. They were so patient and kind to my husband and I. He was so professional and was truly our angel. I felt like they were family as they were so honorable, and so caring, yet so professional and so helpful. They went above and beyond what we could of ever hoped for under such horrific circumstances. We feel blessed (which may sound strange), but in the worst time of our lives, we were blessed to have those two men at our door to be with us and support us in our long night of waiting and wondering as the events unfold. We feel so blessed to live in a community that people really do care, and the police officers have helped us through this horrific nightmare with their kindness, caring, and help. I appreciated their friendly, but professional demeanor and help. It’s difficult and emotional to wait not knowing the fate of one’s home and “stuff.” I am very grateful to have public servants such as you and your colleagues keeping the city safe and secure. It was just another example of the great measures your officers take to get to know the residents and to involve themselves in the community. I appreciate the police stepping up and teaching the boys a serious lesson. While we have told them the dangers of stupidity of such actions, I believe the actions of your officers may have made them realize it isn’t just over protective parents warning them not to have fun. I am also aware that other officers may have just sent them home or found a reason to take further action. I believe your officers’ actions were severe enough to teach them a lesson but also kind and understanding. Thank you for taking care of our son. Your officers have helped us before and we have always been impressed with their skill and professionalism. 20 X. 2013 Accomplishments 2013 Annual Report · Police Department · Falcon Heights, Minnesota • Trained 2 officers as Certified Crime Free Multi- Housing Officers • Instituted e-Charging of misdemeanor and gross misdemeanor cases in Ramsey County • Completed full Motorola Mobile integration in Ramsey County • Initiated LETG Link for records access to all LETG cities • Several Dyna Forms created and put into service • Take active role in Tri-Tech CAD/Mobile integration in Ramsey County • Train two new Crime Prevention Officers • Get JuviNet and JWJail connections to Ramsey County • Obtain connectivity for electronic Orders for Protection, Authority to Detains, and submission of felony complaints to Hennepin County • Plan and execute as financially possible department infrastructure improvements • Connected MNCIS warrant information to our records management system • Doubled the size of the Summer Survival School • Promoted a new sergeant and created an OIC position effectively executing 24 hours supervision of the department • Implemented new Property Room Management and conducted internal audit. • Trained new DARE Officer X. 2013 Accomplishments XI. 2014 Work Plan • Develop and post electronic schedule • Identify and train an officer for new Threat Liaison Officer position to work with Fusion Center • See one officer through probation • Implement 2 Factor authentication in squad computers • Assess squad video system • Update field training program CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue MINUTES March 26, 2014 A. CALL TO ORDER: 7:00PM B. ROLL CALL: LINDSTROM __X__ HARRIS __X__ GOSLINE __X__ LONG __X__ MERCER-TAYLOR __AB__ STAFF PRESENT: FISCHER __X__ TESSER __X__ C. PRESENTATIONS: 1. Geocache Interpretive Trail by Eagle Scout Marc Lowenthal -Marc Lowenthal presented information on his Eagle Scout Project on the Geocaching Interpretive Trail in three Falcon Heights Parks. 2. DRAFT-Park Improvement Study by Candace Amberg, WSB & Associates, Inc. -Candace Amberg provided an update and presentation on the DRAFT Park Improvement Study. She also answered questions from Council. See attached PowerPoint presentation. -Ginny Allen (1490 Idaho Ave W) – discussed buffer areas in the park. -Deb Wiswell (1543 Iowa Ave W) – discussed Curtiss Field improvements in regards to both park amenities and flooding improvements. -Mary Zubriscki (1536 Idaho Ave W) – discussed accessibility issues and the paving of hockey arenas. -Gary Lowenthal (audience member) – commented on how much he enjoys the parks. D. APPROVAL OF MINUTES: March 12, 2014 APPROVED E. PUBLIC HEARINGS: F. CONSENT AGENDA: Keith Gosline Moved, Approval 4-0 1. General Disbursements through 3/20/2014: $34,036.59 Payroll through 3/15/2014: $16,056.86 2. Approval of City Licenses G: POLICY ITEMS: Pam Harris Moved, Approval 4-0 1. Resolution Proclaiming National Donate Life Month -Mayor Lindstrom presented the proclamation in support of National Donate Life Month to Council. H. INFORMATION/ANNOUNCEMENTS: -Craig Allen (1490 Idaho Ave W) discussed the recent water main break at Idaho and Arona. Council Member Chuck Long -Updated Council on the March 24th Human Rights Commission meeting. -Announced the upcoming Spring Together Event to be held at Curtiss Field on Saturday, May 31st from 12-2pm. Council Member Keith Gosline -Updated Council on recent NYFS activities. -Announced the upcoming NYFS Annual Leadership Luncheon to be held at Midland Hills on May 7th from 11:30am-1pm. Mayor Peter Lindstorm -Updated Council on the recent community event and presentation by Jerry Hammer of the Minnesota State Fair. City Administrator Bart Fischer -Announced the upcoming Friday deadline for the annual Neal Kwong Award nominations. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:55PM 3/28/2014 1 Falcon Heights Parks Improvement Study March 26, 2014 City Council Meeting Consultant Tasks: •Review & Evaluation of Existing Parks (uses, conditions,  accessibility, overall design) •Review Recreation Programming (city run programs & events) •Undertake Community Engagement (open houses, community  survey, interviews) •Prepare Project Summary & Recommendations  Guide future improvements Set priorities Funding options Findings: •The residents are very passionate  about their community and parks! •Parks are praised, though there were  specific areas of concern Undesirable Uses Flooding (being addressed) Safe / Easy Access  Aging Amenities •Residents are open to changes that  will improve use among parks in a  more complementary manner Falcon Heights Land Uses: Overall Goals: •Improve and balance use among the park spaces •Reduce the amount of duplicated amenities •Improve safe and easy pedestrian access to the parks and  across major roadways •Create uniform character or theme to build from to enhance  the “Sense of Place” within the community •Utilize materials and methods of construction that will reduce  ongoing maintenance Complementary System: •Community Park: will continue to serve as the main gathering  area with the types and amount of amenities it offers •Grove & Curtiss Field: will be supplementary parks that will  have some of the same basic amenities but then offer a  varying or unique activity •Theming can tie the parks together. Some ideas could include: Environmental (alternative materials, solar energy, water  improvements, native plant or animal information) Scientific Research (park focused on pollen producers, plant  exhibits) Historical (history of Falcon Heights, U of M, State Fair)  3/28/2014 2 1‐Community Park: •To  remain as the key gathering space of the community with a  broad range of active and passive recreational amenities •Has a nice layout, but an updated master plan can improve  relationships among the amenities •Improve accessibility •Update amenities as needed •Potentially locate winter rink at this site and pave for multi‐ season use (take place of bb court) •Tennis court improvements are  new & very appreciated •Trails are HIGHLY valued! 2‐Grove Park: •Underutilized park site – many residents didn’t know it  even existed •Needs an overall master plan  design to correctly guide future  improvements  •Focus on providing/retaining a “Great Lawn” space that will  provide a more multi‐functional space •Consider moving or removing skating rink from this site if  appropriate •Loop trail system •New accessible recreational amenities 3‐Curtiss Field: •Small park space that is highly used as it services a  very large neighborhood. •An updated master plan could improve new  relationships among amenities •Potentially pave rink surface for  multi‐season use while freeing  up park space •Improve accessibility •Update amenities as needed •Improve buffers •Flooding issues being resolved Falcon Heights Elementary: •The City can potentially work out a more formal cooperative  agreement with the School District to outline a mutually  beneficial plan for improvements and maintenance in order to  adequately provide recreational amenities for the surrounding  neighborhood, which is currently lacking a park. •Improved ballfields would better support programmed  activities and rentals Cooperative Agreements •Cooperative agreements are critical to providing adequate  recreational amenities to the community. Maintaining the  existing agreements and looking for new opportunities will be  important, but should also be done with great consideration  to ensure they are mutually beneficial.   School District University of Minnesota Adjoining Communities State of MN Trails: •The biggest factor to achieve a balanced use among the parks  is to create proper access to them at a pedestrian level •Traffic  feasibility study should undertaken to look at options  for crossing major roadways •Look for potential connections as new development/  redevelopment occurs 3/28/2014 3 Approvals •Parks and Recreation Commission reviewed, discussed and  approved the Draft Report on March 4, 2014 •City Council meeting March 26, 2014 REQUEST FOR COUNCIL ACTION The City That Soars! Item Resolution approving the issuance and sale of an educational facilities revenue refunding note (Mounds Park Academy Project), Series 2014 and authorizing the execution of related documents. Description The City has the authority to conduit issue bank-qualified, tax-exempt (501(c)3) bonds each year. In a conduit financing scenario, the City lends its authority to a qualified non-profit, tax-exempt entity, and can take an administrative fee in return for lending this authority. Mounds Park Academy, through the City’s bond attorney-Briggs & Morgan, has asked Falcon Heights to utilize its conduit bonding authority to refinance the installation of various capital improvements to the Borrower’s facilities located at 2051 Larpenteur Avenue East in Maplewood, MN. There is no financial risk or repayment liability to the City for allowing this, and the conduit bonding does not affect the City’s bond rating. It will however, allow us to collect a .5% fee for the refinancing. They anticipate refinancing approximately $7,750,000 million in bonds which would put the fee collected by the City at approximately $38,750. Staff recommends Council approve the attached resolution authorizing the conduit bond financing. Budget Impact It is anticipated that this conduit bond financing deal will result in one-time revenues of approximately $38,750 for the City. Attachment(s) Resolution No. 14-07 Action(s) Requested Staff recommends that the Falcon Heights City Council adopt Resolution No. 14-07 approving the issuance and sale of the educational facilities revenue notes and authorizing the execution of related documents. Meeting Date April 9, 2014 Agenda Item Public Hearing E1 Attachment Resolution No. 14-07 Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 9, 2014 No. 14-07 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION APPROVING THE ISSUANCE AND SALE OF AN EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE (MOUNDS PARK ACADEMY PROJECT), SERIES 2014 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO WHEREAS, (a) Minnesota Statutes, Chapter 469.152 to 469.1655, as amended (the "Act"), as found and determined by the legislature, is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and the need for access to educational opportunities for such population; (c) The City Council of the City of Falcon Heights (the "City") has received from Mounds Park Academy, a Minnesota nonprofit corporation (the "Borrower"), a proposal that the City assist in refinancing a Project hereinafter described through the issuance of a revenue note, as further defined below, the "Note", pursuant to the Act; (d) The Project consists of refunding the outstanding principal balance of two series of tax exempt revenue bonds issued by the City of Maplewood, Minnesota (“Maplewood”) in 2003 and 2005 to finance and refinance various capital improvements to the Borrower’s facilities located at 2051 Larpenteur Avenue East in Maplewood and finance the acquisition of real property located at 2025 Larpenteur Avenue East in Maplewood; (e) The City has been advised by representatives of the Borrower that conventional, commercial financing to pay the capital cost of the Project is available 6074917v2 only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (f) Based on representations of the Borrower, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; and (g) A public hearing on the Project was held on this date, after notice was published and materials made available for public inspection at the City's offices, all as required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), at which public hearing all those appearing who desired to speak were heard and written comments were accepted. BE IT RESOLVED by the City Council of the City of Falcon Heights, as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: (a) The City is a municipal corporation and a political subdivision of the State of Minnesota (the “State”) and is authorized under the Act to assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) The issuance and sale of the Educational Facilities Revenue Refunding Note (Mounds Park Academy Project), Series 2014 (the "Note") by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to Bremer Bank, National Association, in Minneapolis, Minnesota (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. (c) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City. (d) Pursuant to a Pledge Agreement (the "Pledge Agreement") to be entered into between the City and the Lender, the City has pledged and granted 6074917v2 2 a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City. (e) Pursuant to a Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage") and an Assignment of Leases and Rents (the “Assignment”) each to be executed by the Borrower in favor of the Lender, the Borrower has secured payment of amounts due under the Loan Agreement and Note by granting to the Lender a mortgage and security interest in and an assignment of leases from the property described therein. Drafts of the Mortgage and the Assignment have been submitted to the City but will not be executed by the City. (f) The Note will be a special, limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (g) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises within the meaning of Subdivision 2(d) of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152. (h) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of refinancing the Project. SECTION 2. THE NOTE. 2.1 Authorized Amount and Form of Note. The Note is hereby approved and shall be issued pursuant to this Resolution in substantially the form submitted to the City with such appropriate variations, omissions and insertions as are necessary and appropriate and are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder shall not exceed $7,750,000, unless a duplicate Note is issued pursuant to Section 2.7. The Note shall bear interest at a variable rate (which shall be reset every 5 years) as set forth therein and not the date of issuance will not exceed 8% per annum. 6074917v2 3 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and its Administrator and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Administrator, such officers of the City as, in the opinion of the attorney for the City, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4 Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Mortgage; (d) the Assignment; (2) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) a 501(c)(3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (5) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5 Disposition of Proceeds of the Note. Upon delivery of the Note to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Note for refunding of the tax exempt bonds issued by Maplewood in accordance with the terms of the Loan Agreement. 6074917v2 4 2.6 Registration of Transfer. The City will cause to be kept at the office of the Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Administrator, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received ___________ hereby sells, assigns and transfers unto ________________ the within Note of the City of Falcon Heights, and does hereby irrevocably constitute and appoint ___________________ attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the Administrator shall note the date of registration and the name and address of the new Lender in the applicable Note Register and in the registration blank appearing on the Note. 2.7 Mutilated, Lost or Destroyed Note. In case the Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 6074917v2 5 2.9 Limitation on Note Transfers. The Note will be issued to an "accredited investor" and without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except to another "accredited investor" or "financial institution" in accordance with an applicable exemption from such registration requirements and with full and accurate disclosure of all material facts to the prospective purchaser(s) or transferee(s). 2.10 Issuance of a New Note. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Lender, issue a new note, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the periodic installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement and the Pledge Agreement are hereby approved in substantially the form presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents. The Mayor and the Administrator of the City are authorized to execute the Loan Agreement and the Pledge Agreement and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note, in the name of and on behalf of the City. In the event of the 6074917v2 6 absence or disability of the Mayor or the Administrator such officers of the City as, in the opinion of the attorney for the City, may act on their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Qualified Tax Exempt Obligation. In order to qualify the Note as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations; (a) the Note will be issued after August 7, 1986; (b) the Note is not treated as a "private activity bond" under Section 265(b)(3) of the Code; (c) the City hereby designates the Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2014 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during the calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code. Adopted by the City Council of the City of Falcon Heights, this 9th day of April, 2014. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6074917v2 7 Moved by: Approved by: Peter Lindstrom Mayor April 9, 2014 LINDSTROM ____ In Favor Attested by: GOSLIN Bart Fischer HARRIS ____ Against City Administrator LONG April 9, 2014 MERCER-TAYLER 6074917v2 8 REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 4/4/2014: $100,419.57 Payroll through 3/31/2014: $16,041.99 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date April 9, 2014 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individual has applied for a Mechanical License for 2014. Staff has received the necessary documents for licensure. 1.Champion Plumbing, LLC The following individual has applied for a Tree Trimming/Treating/Removal License for 2014. Staff has received the necessary documents for licensure. 1.Twin City Tree Service, Inc. 2.All Seasons Tree Service and Snowplowing, Inc. Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2014 City License Applications. Meeting Date April 9, 2014 Agenda Item Consent F2 Attachment N/A Submitted By Chelsea Petersen, Administrative Coordinator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Addition of a chicken permit fee to the City’s Schedule of Fees for 2014. Background An ordinance allowing the keeping of chickens by permit and regulation of the same was approved by the City Council in 2013. Application procedures and materials have been prepared by staff and are ready if requested, but a permit fee has not been set. Section 10-34(1) states that fees shall be set by the City Council. Staff researched fees in cities that have comparable ordinances, both in the Twin Cities Metro area and communities elsewhere. Fees vary widely, both in amount and the length of time they cover. Most fees are in the $25 - $50 range and cover either one or two years. Please see the attached list. The Falcon Heights permits will be good until December 31 of the second year, so they are in effect for up to 2 years. Estimating staff time required to process these permits and perform inspections, staff recommends a fee of $50 for a new permit and $25 for renewals. Budget Impact Unknown Attachment(s) Summary chart of sample chicken permit fees. Action(s) Requested Set fees for chicken permits. Meeting Date April 9, 2014 Agenda Item Consent F3 Title Chicken Permit Fee Submitted By Deborah Jones, Zoning and Planning Director Families, Fields and Fair __________________________ Chicken Permit Fees City New Permit Renewal Good for Other Burnsville 50 50 2 years Shoreview 30 30 2 years St. Paul 25/72 15/27 1 year break for 3 or fewer chickens Minneapolis 75 50 1 year 5 year for $150 Stillwater 25 25 2 years Plus mailing costs Maplewood 75 50 1 year City provides leg bands Eagan 50 50 Annual Milwaukee 35.49 NA One time fee Iowa City 100 50 Annual Bozeman MT 25/50 NA One time fee Break for 6 or fewer birds Ann Arbor 20 NA One time fee Salem VA 25 25 Annual Madison 10 10 Annual Portland OR 31 31 Annual Over 3 animals Brainard 30 30 Annual Wauwatosa WI 50 25 Annual Farmington MN 100 25 Annual Public hearing East Lansing 20 20 5 years REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve the Joint Powers/Cooperative Construction Agreement between the City of Falcon Heights and Capitol Region Watershed District for the Curtiss Field water drainage improvements. Description Capitol Region Watershed District (CRWD) representatives presented a draft Curtiss Pond Improvement Project Feasibility Study at the City Council meeting on September 11, 2013. The CRWD Board approved the Feasibility Report at their October 2, 2013, meeting and the Falcon Heights City Council also adopted the Feasibility Report at their October 23, 2013, meeting. Because of these actions, the CRWD has moved forward over the past few months with the recommended option of 5b from the Feasibility Report. The next step in this process is for the City and CRWD to enter into a Joint Powers/Cooperative Construction Agreement for the Curtiss Field drainage improvements. This will allow the CRWD to move forward with bids for what is anticipated to be a late summer/early fall of 2014 construction process. It should be noted that the schedule for this project will take into account summer recreation programming and the State Fair schedule. The total estimated cost for the project is $575,600. The CRWD has asked the City to pay for $200,000 of those costs with a not to exceed amount of $220,000. These drainage improvements are greatly needed at Curtiss Field and staff recommends this project and the costs as the best, most cost effective way to help alleviate some of the drainage issues in this area. The City Attorney has also reviewed and approved the agreement. Budget Impact This project is being led by the CRWD. The proposed project cost is estimated at $575,600, including engineering and contingency. CRWD has requested that the City contribute $200,000 to the project with a not to exceed amount of $220,000, which is accounted for in the 2014 Budget. Attachment Joint Powers/Cooperative Construction Agreement Action(s) Requested Approve the Joint Powers/Cooperative Construction Agreement between the City of Falcon Heights and Capitol Region Watershed District for the Curtiss Field water drainage improvements and authorize the Mayor and City Administrator to sign all documents associated with the project. Meeting Date April 9, 2014 Agenda Item Policy G1 Attachment Joint Powers/Cooperative Construction Agreement Submitted By Bart Fischer, City Administrator Kristine Giga, Civil Engineer Families, Fields and Fair __________________________ JOINT POWERS AGREEMENT THIS AGREEMENT is entered into between the Capitol Region Watershed District a Minnesota watershed district established under the authority of Minnesota Statutes Chapter 103D (the CRWD), and the city of Falcon Heights, a municipal corporation under the laws of the State of Minnesota (the City), pursuant to the provisions of Minn. Stat. §103D.335, subd. 2, and §471.59. Recitals WHEREAS, the CRWD and the City have been planning to conduct stormwater and flood mitigation improvements to Pond at Curtiss Field by completing the Curtiss Pond Improvement Project (the Project); and WHEREAS, the Project contemplates and includes regrading of the field, installation of an underground storage system and site restoration; and WHEREAS, the Project has been identified in the “Curtiss Pond Improvement Project Feasibility Study” report dated August 28, 2013, and prepared by Houston Engineering, Inc.; and WHEREAS, these constructed improvements are proposed at the Curtiss Field Park adjacent to the Snelling Ave. N. and Idaho Ave. intersection in the city of Falcon Heights, See Exhibit “A”; and WHEREAS, the City and the CRWD have agreed to participate in financing the total cost of the Project, and such participation for the City as is defined herein. NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, the parties agree as follows: 1.Purpose. The purpose of this Agreement is to define the funding shares, direction, management and control, contracting, supervision, and liability of the parties in connection with the Project. 2.Funding. Pursuant to estimates prepared by Houston Engineering, Inc. dated April 1, 2014 (See Exhibit “B”) the preliminary estimate of the cost of the Project is $575,600. The CRWD shall be responsible for payment of the sum of $375,600. The City shall pay $200,000, subject to the provisions of paragraph 3. 3.Cost Overrun. In the event actual design and construction costs exceed $575,600, the City shall pay an additional 10%, to a maximum additional contribution of $20,000. Regardless of actual cost, the City’s maximum contribution shall be $220,000. The CRWD shall be responsible for additional costs not paid by the City. 4.Project Management. The CRWD shall manage and direct the Project on its own behalf and on behalf of the City. The CRWD shall cause to be prepared all construction plans and specifications; shall prepare bid specifications and let the Project for public bidding; shall award the construction and related contracts; shall enter into construction and other contracts on its behalf; and shall direct and manage completion of the Project. The CRWD reserves the right to reject all bids. 5.Extra Work. All extra work orders or substantial changes to the Project made during construction of the Project shall be subject to approval by change order in writing signed by the City and the CRWD prior to such construction. 6.Construction Permits. Each party having jurisdiction for any construction permits or other permits required for construction of the Project agrees to provide those permits, in accordance with applicable law, with no fee or expense made to the Project. 7.Records and Reports/Payment by City. All parties agree to maintain records of costs pertaining to the Project in accordance with Minnesota Statutes and relevant internal record keeping and accounting procedures. Upon completion of the Project, the CRWD will submit a payment request to the City, payable in full within sixty (60) days of the billing date. Completion of the Project will be as determined by the City and the CRWD at a final project walk-through and when all punchlist items have been satisfactorily addressed by the Contractor. 8.Maintenance and Safety During Construction. Work site maintenance and safety will be the responsibility of CRWD and its contractor during the construction project. 9.Employees. It is further agreed that any and all employees of CRWD and all other persons engaged by CRWD in the performance of any work or services required, volunteered, or provided for herein to be performed by CRWD, shall not be considered employees of City, and that any and all claims that may arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of City. 10.Non-Discrimination. The provisions of Minn. Stat. §181.59, and of any applicable local ordinance relating to Civil Rights and Discrimination, shall be considered a part of this Agreement as if fully set forth herein 11.Indemnification. The City and CRWD agree that liability under this Agreement is controlled by Minn. Stat. §471.59, subd. 1a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single use of government as specified in §466.04, subd. 1. CRWD agrees to defend, indemnify, and hold harmless City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of CRWD or those of CRWD’s employees or agents. City agrees to defend, indemnify, and hold harmless CRWD against any and all claims liability, loss, damage, or expense arising under the provisions of this Agreement for which City is responsible and caused by or resulting from negligent acts or omissions of City and or those of City’s employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amount in excess of the limits on liability established in Minnesota Statutes, Chapter 466, applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a Page 2 of 6 limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 12.Project Property Ownership. Upon completion of the Project, all infrastructure constructed and all property utilized in connection with the Project shall be the property of the City, and the CRWD shall have no interest in or claim thereto. 13.Term. This Agreement shall be effective as of the last date of signature of the parties below. This Agreement shall expire and be of no further force or effect upon completion of the Project, except that the provisions of paragraphs 7 and 12 shall survive expiration of the Agreement. CAPITOL REGION WATERSHED DISTRICT B y: __________________________ Joe Collins, President Date Recommended for Approval: B y: __________________________ Mark Doneux, Administrator Date Page 3 of 6 CITY OF FALCON HEIGHTS BY: Peter Lindstrom, Mayor AND: Bart Fischer, City Administrator/Clerk STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledge before me this __ day of _______________, 2014, by Peter Lindstrom and by Bart Fischer, respectively the Mayor and City Administrator/Clerk of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Page 4 of 6 EXHIBIT A Project Plans for Curtiss Pond Improvement Project Page 5 of 6 EXHIBIT B Estimated Costs for Construction of Curtiss Pond Improvement Project Curtiss Pond Improvement Project Costs and Financing 4-1-2014 Costs Construction, Contingency $424,000 Base Engineering (Houston Eng. Inc.)$81,600 Design and Installation--OptiRTC (Geosyntec)$70,000 Total $575,600 Financing CRWD $375,600 Falcon Heights $200,000 Total $575,600 Page 6 of 6