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Home My WebLink About02-13-2019 Council Packet AGENDA LITTLE CANADA CITY COUNCIL WEDNESDAY, FEBRUARY 13, 2019 CALL TO ORDER – Workshop Meeting – 6:00 p.m. Roll Call 1. UBS Presentation 2. Strategic Planning Session 3. CTV Update Adjourn CALL TO ORDER – Regular Meeting – 7:30 p.m. Roll Call Approval of Minutes January 23, 2019 Regular Council Meeting January 24, 2019 Improvement Hearings Announcements PRESENTATIONS 1. Jerry Hrmotka, President & CEO, Northeast Youth & Family Services CONSENT AGENDA 2. Approval of the Vouchers 3. Approve 2019 SafeAssure Service Agreement 4. Approve 2019 Waterfest donation to Ramsey Washington Metro Watershed District 5. Approve Reimbursement for Cell Phone Costs STAFF REPORTS 6. Finance Director Hire 7. AFSA Development Agreement 8. Update Cell Phone Policy 9. Ordinance 834, Amend Fee Schedule for Water Meters, Trash & Recycling Rates, Old Fire Hall Rental Rates and Miscellaneous Fees 10. Ordinance 835, Amend City Code Chapter 2601, Control & Management of Parks & Park Facilities ADJOURN STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Chris Heineman, City Administrator DATE: February 13, 2019 City Council Workshop RE: UBS Presentation BACKGROUND: UBS Group is a multinational investment banking and financial services company founded and based in Switzerland. With a history of over 150 years, UBS is committed to providing clients with global resources through dedicated financial advisors. UBS has served as a designated depository in Little Canada for many years and we currently have approximately $965,000 in investments with UBS. Based on a review of minutes and discussions with staff, it is my understanding that limited information on municipal investments has been provided to the City Council. I have asked representatives from UBS to attend the workshop to provide a review of the City of Little Canada’s current investment portfolio (attached) and a summary of the services that UBS provides. One of these services is centralized safekeeping, which will be explained in further detail at the workshop. As previously discussed, staff has been informed that Morgan Stanley no longer provides municipal investment services, and the investment funds at this institution will need to be transferred to another firm in the next 30 days. One of the possible options is to transfer these funds to one of the financial institutions such as UBS that is currently providing municipal investment services to the City. There may also be other City investment funds that could be earning a higher interest rate at UBS. STAFF RECOMMENDATION: This presentation is for information purposes only and no action is requested at this time. Page 1 of 20bob.harnett@ubs.com952-249-4781Bob HarnettCHRIS HEINEMANreport as of 02/07/2019City of Little CanadaPortfolio ReviewPrepared forPresented by Table of ContentsPage 2 of 20CHRIS HEINEMANCity of Little CanadaCover Page 1Table of Contents 2Executive Summary 3Portfolio Review 4Totals & Averages @ Acquisition 5Reinvestment Proceeds 6Maturity & Duration 7Maturity & Call-Adjusted Maturity 8Coupon Cash Flow 9Coupon Cash Flow - Year 2 10Coupon Rates & Security Attributes 11FDIC Concentration 12Muni Type/Purpose & State of Issuance 13Muni Insurance & Enhancements 14Glossary 15Disclaimer 17 Page 3 of 20Yield to MaturityDurationCoupon*Weighted AveragesSummary TotalsTotal Portfolio ValueCurrent Face (Par)Asset ClassCoupon Cash FlowMaturityDurationTotals & AveragesMarket PrincipalCash & Cash AlternativesMaturity**Yield to WorstMarket Price*$7,664,000$6,254,0002.149%2.55 yrs2.022.769%2.884%98.669*Par-Wtd, all else Mkt-Wtd.**Avg life used for principal paydowns, and perpetual securitiesare assigned a 40 year maturity.Moody'sTax Lots Included27 of 27Accrued Interest$39,157Next 12mo Cpn Cash Flow$159,518$13,855,185$7,562,029Original Face$7,664,000Includes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Coupon cash flow period exactly 12 months.Cash flows based on position settlement date from 02/07/2019 to 02/06/2020.$0$0 Equity Balance Fixed Income FundsRatings - BothS&PGeneric Annual Cpn Cash Flow$164,721CHRIS HEINEMANCity of Little CanadaExecutive Summaryreport as of 02/07/2019 Page 4 of 20Portfolio ReviewIssues for Consideration# LotsCurrent Face% PortfolioMarket Value% Portfolio12mo Cpn Cash FlowHoldings Maturing or Called within the next 30 daysProceeds available for reinvestment in the next 30 days. Market value includes accrued interest.-------Holdings Maturing or Called within the next 90 daysProceeds available for reinvestment in the next 90 days. Market value includes accrued interest.2$395,0005.2%$394,9595.2%--Holdings Rated below Investment GradeBonds rated Baa3 or higher by Moody's and/or BBB- or higher by Standard & Poors are considered "Investment Grade". USTreasury, Agency, CD, Muni PreRefunded/ETM are assumed Aaa/AAA. Non rated bonds are not considered. Additionalinformation is available at www.moodys.com and/or www.standardandpoors.com.-------Holdings with Unrealized Gains greater than 5%Individual tax lot holdings with an unrealized gain of greater than 5% of market principal value. Includes tax lots withpurchase data, adjusted cost calculations and current market pricing. Please consult your tax advisor.-------Holdings with Unrealized Losses greater than 5%Individual tax lot holdings with an unrealized loss of greater than 5% of market principal value. Includes tax lots with purchasedata, adjusted cost calculations and current market pricing. Please consult your tax advisor.1$245,0003.2%$230,3933.0%$4,9003.1%Municipal Holdings Out-of-StateFor many states, the income from municipal bonds issued within the state is exempt from state income tax for in-stateresidents. Out-of-state holdings may be subject to state taxation. Please consult your tax advisor. Triple tax-exempt USTerritories considered in-state. State of residency/rate provided: None-------Municipal Holdings subject to Alternative Minimum Tax (AMT)Income from certain Municipal bonds is subject to Alternative Minimum Tax which some individuals pay in lieu of regularfederal income tax. Please consult your tax advisor.-------Municipal Holdings De Minimis RuleThe De Minimis rule entitles the holder to preferential capital gains tax treatment on the appreciation to par if acquired withinthe De Minimis threshold of 1/4 of one point per full year between the purchase date and maturity. Market price changesduring the holding period do not affect the tax treatment for the existing holder. However, as market prices change, the taxtreatment to a potential new holder may materially impact the market price and/or marketability of the bond as it approachesor crosses the De Minimis threshold. The impact will vary depending upon the current market price proximity to the DeMinimis threshold price. Please consult your tax advisor. Municipal Holdings above De Minimis threshold close to crossoverMunicipal holdings where the current market price is within 3% of the De Minimis threshold price. If market prices declinewhere a new buyer may not be entitled to preferential capital gains tax treatment, the price may decline at a faster rate.Please consult your tax advisor.------- Municipal Holdings below De Minimis threshold close to crossoverMunicipal holdings where the current market price is within 3% of the De Minimis threshold price. If market prices increasewhere a new buyer may be entitled to preferential capital gains tax treatment, the price may increase at a faster rate. Pleaseconsult your tax advisor.1$850,00011.1%$838,61011.1%$18,11411.4%Includes all positions with recognized CUSIP. ATY/TEY calculations use a Fed Tax rate of 0.00%, a Cap Gains Tax rate of 0.00%, a State of N/A, and a State Tax rate of N/A.CHRIS HEINEMANCity of Little CanadaPortfolio Reviewreport as of 02/07/2019 Page 5 of 20Tax Lot Positions w/ CalculationsTotal Tax Lot PositionsOriginal Face Value$7,664,000$7,664,000Current Face ValueValid Positions27Unrecognized / Matured0Total Positions27Valid positions include all positions with recognized CUSIP and quantity.Tax Lot Positions w/ Acquisition PriceOriginal Face Value$7,687,570100.308$7,664,000Tax Lot Positions w/ Acquisition Data27 of 27$7,664,000Average Acquisition PriceFace Value at AcquisitionOriginal Principal CostIncludes all positions with recognized CUSIP, quantity and acquisition price .Average acquisition price weighted by original principal cost.Portfolio TotalsPortfolio AveragesOriginal Face Value$7,664,000$7,664,000Face Value at AcquisitionOriginal Principal Cost$7,687,570$7,674,915Adjusted Principal CostCurrent Market Principal$7,562,029-$112,887Estimated Gain/(Loss)27 of 27Tax Lot PositionsYield to Worst (cost)1.920%Yield to Worst (mkt)2.769%Yield to Maturity (cost)2.188%Yield to Maturity (mkt)2.884%Original Acquisition Price100.308Adjusted Cost Basis100.142Current Market Price98.669Includes all positions with recognized CUSIP, quantity, acquisition date/price, full analytical calculations at acquisition, market price, and fullanalytical calculations on reporting date.Average values @ cost are weighted by respective original acquisition values.All prices have been normalized to par.Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity.Adjusted cost basis is a fully amortized/accreted cost (book) value.CHRIS HEINEMANCity of Little CanadaTotals & Averages @ Acquisitionreport as of 02/07/2019 Page 6 of 20Coupon Payments$19,723.66-Projected Principal PaydownsIncludes all positions with recognized CUSIP. This report is a summary of the Cash Flow available for reinvestment by time period based upon holder settlement dates. More detail is available in the "Cash Flow by Payment Date" report and the"Cash Flow by Position" report. The cash flows displayed are only estimates. Your actual interest and principal payments may be higher or lower than these estimates.Reinvestment Proceeds Available this MonthMaturing Proceeds-Called Bond ProceedsTotal Available$19,723.66-Maturing ProceedsTotal AvailableCoupon PaymentsReinvestment Proceeds Available next MonthProjected Principal PaydownsCalled Bond Proceeds$10,245.26-$395,000.00-$405,245.26$29,968.92-$395,000.00-$424,968.92-$395,000.00Reinvestment Proceeds Available next MonthProjected Principal Paydowns$434,919.82Called Bond Proceeds-Total Available-Maturing Proceeds$39,919.82-Coupon Payments-$9,950.90$9,950.90CumulativeCumulative(02/07/2019 - 02/28/2019)(03/01/2019 - 03/31/2019)(04/01/2019 - 04/30/2019) (02/07/2019 - 04/30/2019) (02/07/2019 - 03/31/2019)CHRIS HEINEMANCity of Little CanadaReinvestment Proceedsreport as of 02/07/2019 Page 7 of 20MaturityDurationExposure DetailAverage Maturity 2.6 yrsMaturityDuration to WorstAverage Duration 2.0YearCurr Face%Mkt Value%2019$723,0009.43%9.55%$722,2362020$1,476,00019.26%19.39%$1,466,3312021$2,605,00033.99%33.99%$2,570,1732022$1,975,00025.77%25.78%$1,949,7352023$640,0008.35%8.19%$619,2732024$245,0003.20%3.10%$234,2812025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049+PerpetualDisplays represent % of market principal for all positions with a recognized CUSIP, quantity, current market price and available analyticalcalculations. Average life used for principal paydowns, and perpetual securities are assigned a 40 year maturity. Duration figurerepresents modified duration to worst.RangeCurr Face%Mkt Value%00-01$1,064,00013.88%14.05%$1,062,82101-02$3,360,00043.84%44.10%$3,334,83802-03$2,110,00027.53%27.49%$2,078,78503-04$490,0006.39%6.31%$477,15704-05$395,0005.15%4.95%$374,14605-06$245,0003.20%3.10%$234,28106-0707-0808-0909-1010-1111-1212-1313-1414-1515-1616-1717-1818-1919-2020-2121-2222-2323-2424-2525-2626-2727-2828-2929-3030+CHRIS HEINEMANCity of Little CanadaMaturity & Durationreport as of 02/07/2019 Page 8 of 20Displays represent % of market principal for all positions with a recognized CUSIP, quantity, current market price, andavailable analytical calculations. Call-Adjusted Maturity displays the next call date for callable bonds and the maturitydate for non-callable bonds. Average life used for principal paydowns, and perpetual securities are assigned a 40 yearmaturity.MaturityCall-Adjusted MaturityExposure DetailAverage Maturity 2.6 yrsMaturityCall-Adjusted MaturityAverage Call-Adjusted Maturity 1.1 yrsYearCurr Face%Mkt Value%2019$723,0009.43%9.55%$722,2362020$1,476,00019.26%19.39%$1,466,3312021$2,605,00033.99%33.99%$2,570,1732022$1,975,00025.77%25.78%$1,949,7352023$640,0008.35%8.19%$619,2732024$245,0003.20%3.10%$234,2812025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049+PerpetualYearCurr Face%Mkt Value%2019$3,938,00051.38%51.47%$3,892,4322020$1,721,00022.46%22.49%$1,700,6122021$1,365,00017.81%17.83%$1,348,0762022$490,0006.39%6.31%$477,1572023$150,0001.96%1.90%$143,75220242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049+PerpetualCHRIS HEINEMANCity of Little CanadaMaturity & Call-Adjusted Maturityreport as of 02/07/2019 Page 9 of 20Feb‘19Mar‘19Apr‘19May‘19Jun‘19Jul‘19Aug‘19Sep‘19Oct‘19Nov‘19Dec‘19Jan‘20Feb‘20Total%TotAgency$7,500-$4,850$5,000-$5,250$7,500-$4,850$6,250-$5,250-$46,45029.1%Agency Pass-Thru---------------Asset-Backed---------------CD$12,224$10,245$5,101$9,735$6,480$6,254$12,553$6,429$5,023$9,949$6,394$4,144$427$94,95559.5%CMO---------------Corporate---------------Muni: Fed Tax---$9,057-----$9,057---$18,11411.4%Muni: Tax-Exempt---------------Muni: Subj AMT---------------Pfd: Fed Tax---------------Pfd: Tax-Exempt---------------Pfd: Cap Gains---------------Treasury---------------Total$19,724$10,245$9,951$23,792$6,480$11,504$20,053$6,429$9,873$25,255$6,394$9,394$427$159,518100.0%Coupon Cash Flow by Asset Class / TypeFed Tax-Exempt---------------Fed Taxable$19,724$10,245$9,951$23,792$6,480$11,504$20,053$6,429$9,873$25,255$6,394$9,394$427$159,518100.0%Subj to Cap Gains---------------Subj to AMT---------------Coupon Cash FlowIncludes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash flows for the next 12 months, from 02/07/2019 to 02/06/2020. Totals are the sum of rounded displayed values.The cash flows displayed are only estimates. Your actual interest and principal payments may be higher or lower than these estimates.CHRIS HEINEMANCity of Little CanadaCoupon Cash Flowreport as of 02/07/2019 Page 10 of 20Feb‘20Mar‘20Apr‘20May‘20Jun‘20Jul‘20Aug‘20Sep‘20Oct‘20Nov‘20Dec‘20Jan‘21Feb‘21Total%TotAgency$9,375-$4,850$6,250-$5,250$9,375-$4,850$7,500-$5,625-$53,07534.5%Agency Pass-Thru---------------Asset-Backed---------------CD$12,252$6,215$4,134$9,772$6,498$3,660$10,857$5,639$4,202$9,159$5,662$4,280$427$82,75453.8%CMO---------------Corporate---------------Muni: Fed Tax---$9,057-----$9,057---$18,11411.8%Muni: Tax-Exempt---------------Muni: Subj AMT---------------Pfd: Fed Tax---------------Pfd: Tax-Exempt---------------Pfd: Cap Gains---------------Treasury---------------Total$21,627$6,215$8,984$25,078$6,498$8,910$20,232$5,639$9,052$25,715$5,662$9,905$427$153,943100.0%Coupon Cash Flow by Asset Class / TypeFed Tax-Exempt---------------Fed Taxable$21,627$6,215$8,984$25,078$6,498$8,910$20,232$5,639$9,052$25,715$5,662$9,905$427$153,943100.0%Subj to Cap Gains---------------Subj to AMT---------------Coupon Cash FlowIncludes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date. Includes coupon cash flows for the next 12-24 months, from 02/07/2020 to 02/06/2021 . Totals are the sum of rounded displayedvalues. The cash flows displayed are only estimates. Your actual interest and principal payments may be higher or lower than these estimates.CHRIS HEINEMANCity of Little CanadaCoupon Cash Flow - Year 2report as of 02/07/2019 Page 11 of 20Coupon RatesDisplays represent % of market value for all positions with a recognized CUSIP, quantity, and market price on reporting date.Security AttributesCHRIS HEINEMANCity of Little CanadaCoupon Rates & Security Attributesreport as of 02/07/2019 Page 12 of 20Concentration per FDIC Certificate # = Current Face Value + Accrued Interest*FDIC Certificate # Concentration - Top 10Concentration by FDIC Certificate # - Top 10#Issuer ConcentrationFDIC ## CUSIPs# LotsTotal Curr FaceTotal Accrued*Total Concentration1GOLDMAN SACHS BK USA3312422$246,000$2,149$248,1492CAPITAL ONE BK (USA) NA3395411$245,000$2,825$247,8253SYNCHRONY BK2731411$245,000$2,792$247,7924BMW BK OF NORTH AMERICA3514111$245,000$2,734$247,7345DISCOVER BK564911$245,000$2,653$247,6536CITIZENS BK NA5795711$245,000$2,038$247,0387SEATTLE BK3513911$245,000$1,592$246,5928SALLIE MAE BK5817711$245,000$1,462$246,4629STATE BANK OF INDIA NEW YORK3368211$245,000$1,095$246,09510JPMORGAN CHASE BK NA62811$245,000$322$245,322Includes all positions with a recognized CUSIP, quantity and FDIC Certificate #. *Accrued interest is only included for positions with a market price and full analytical calculations on reporting date.CHRIS HEINEMANCity of Little CanadaFDIC Concentrationreport as of 02/07/2019 Page 13 of 20State DiversificationMuni Type/PurposeIncludes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date.CHRIS HEINEMANCity of Little CanadaMuni Type/Purpose & State of Issuancereport as of 02/07/2019 Page 14 of 20Muni InsuranceIncludes all positions with recognized CUSIP, quantity, market price and full analytical calculations on reporting date.Muni EnhancementsCHRIS HEINEMANCity of Little CanadaMuni Insurance & Enhancementsreport as of 02/07/2019 Page 15 of 20TermDefinition% Fixed Income AccountPercentage that the Tax Lot represents of either the Total Par or Market Value of the Account.% Principal (G/L)Percentage that Gain/(Loss) is of Current Market Principal Value.# LotsTotal # of Tax Lots included.# YearsAverage Maturity Date # of years by Market Value (Par Value-weighted optional), for Tax Lots with current Market Prices and full analytical calculations.# Years - AverageAverage Maturity Date # of years, Market Value-weighted (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Accrued InterestTotal Accrued Interest of Tax Lots with a current Market Price and full analytical calculations assuming regular way Settlement for each asset class from the as-of report Date.Acquisition Cost - TotalThe sum of each Tax Lot's Principal Cost, for all Tax Lots with an Acquisition Price.Acquisition PriceThe Price at which each Tax Lot was Purchased on the Original Trade Date.Acquisition Price - AverageOriginal Principal Cost-weighted Acquisition Price, for all Tax Lots with an Acquisition Price available.Acquisition Settlement DateThe Settlement Date when each Tax Lot was Purchased. Used for Acquisition calculations.Acquisition Trade DateThe Date when each Tax Lot was Purchased. Used for Long/Short-term Gain/(Loss) determination and calculation of Settlement Date if not provided (greater of regular way or Dated Date).Acquisition Yield To WorstPurchase Yield to Worst on Acquisition Settlement Date, for each Tax Lot with an Acquisition Price and Acquisition Date. Used for daily calculation of Adjusted Cost (book) Price values.Actual Coupon Cash FlowTotal Coupon payments over the next 12 months, for all recognized Tax Lots where Cash Flow data is available.Adjusted CostAdjusted Cost (book) Price at current Market Settlement Date, for each Tax Lot. Uses the Constant Yield Methodology, determined by the IRS.Adjusted Cost - TotalThe sum of each Tax Lot's Adjusted Principal Cost on current Market Settlement Date, for all Tax Lots with an Acquisition Price.Adjusted PriceCurrent Face Value-weighted average Adjusted (book) Price, for Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Adjusted Principal CostTotal Adjusted Principal (book) Cost on report Date, for Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.After-Tax Yield To WorstAfter-Tax Yield to Worst, for each Tax Lot with a current Market Price and full analytical calculations. Assumes Fed Inc/Cap Gain rates of 39.6% / 20.0% or Account-specific rates and residency settings if available.After-Tax Yield To Worst - AverageAverage Market Principal-weighted After-Tax Yield to Worst, for all Tax Lots with a current Market Price and full analytical calculations. Cognizant of the State of Residence and Tax Rates set on the Account..Asset HeldIndicates if the Tax Lot is Held-Internally, or Held-Away (Externally) to the Account.BenchmarkDescriptor for the Benchmark Scale name and data point used in the spread calculation.CallThe next Date and Price where the Issuer has the option to return Principal prior to Maturity.Cash & Equivalents BalanceAggregated $ value of Cash and Assets which are deemed to be Cash equivalents.ConvexityThe rate at which Duration changes in response to interest rate changes. A positive value indicates Prices will rise more rapidly in a Bull Market (Yields down) and fall more slowly in a Bear Market (Yields up). The opposite is true fornegatively Convexed bonds. Non-Callable bonds have positive Convexity. Typically bonds with shorter Calls have negative Convexity.Convexity - AverageMarket Principal-weighted Average Convexity, for all Tax Lots with a current Market Price and full analytical calculations.Corporate Debt RankingThe Ranking of the security in the company's Debt/Capital Structure. Examples: Senior Unsecured, Subordinated, Junior, etc.Corporate SectorIndustrial classification of Corporate Bond Issuers by line of business.CouponThe rate at which when applied to the Par Value will determine the annualized Cash Flow paid to the investor.Coupon - AverageAverage Coupon Rate-weighted by Current Face Value (Market Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.CUSIPAn industry-standard, unique, nine character alpha-numeric identifier for registered securities.Current Face ValueThe Original Face Value multiplied by the Factor on the as-of report Date, for each Tax Lot with a current Market Price and full analytical calculations.Current Face Value - TotalThe sum of each Tax Lot's Original Face Value multiplied by the Factor on the as-of report Date, for all Tax Lots with a current Market Price and full analytical calculations.Current Market PriceCurrent Face Value-weighted average Current Market Price, for Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Current Market PrincipalTotal Principal Value at current Market Prices on report Date, for Tax Lots with an Acquisition Price, current Market Price, and full analytical calculations.De Minimis Delta PriceThe difference between the current Market Price and the De Minimis Threshold Price, reflecting the Price change necessary for a new owner to be subject to a different tax treatment.De Minimis Delta YieldThe difference between the current Market Yield To Worst and the De Minimis threshold Yield To Worst, reflecting the Yield To Worst change necessary for a new owner to be subject to a different tax treatment.De Minimis PriceThe De Minimis threshold Price. Purchasing a bond at a Price above the Threshold will result in favorable tax treatment if held to maturity.De Minimis RuleThe De Minimis rule states that Capital Gains Tax must be paid on a bond Purchased at a discount of the Face Value in excess of a quarter point per year between the time of Acquisition and Maturity. If the Acquisition Price isabove the De Minimis Threshold, then the bondholder will be entitled to preferential Tax treatment on the Appreciation to Par ( ^ De Minimis Threshold). If the Acquisition Price is below the De Minimis Threshold, then all Appreciationto Par is subject to ordinary tax rates ( v De Minimis Threshold). The tax treatment to existing client holdings is determined by the Acquisition Price and will not change during the life of the bond if held to Maturity. However, asMarket Prices change, the different tax treatment to a new owner may materially impact the Market Price and/or Marketability of the bond if a sale is anticipated.De Minimis StatusIndicator if each bond is above or below the De Minimis Threshold at the current Market Price. Purchasing a bond above the threshold results in favorable tax treatment if held to maturity.De Minimis YieldThe De Minimis threshold Yield. Purchasing a bond at a Yield below the Threshold will result in favorable tax treatment if held to maturity.Equity Value - TotalAggregated $ value for all Equity holdings.Estimated Gain/(Loss)Difference between Current Market Principal and Adjusted Principal (book) Cost, for Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Face Value at AcquisitionCurrent Face Value (applying factors as-of Acquisition Date), for Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Face Value at Acquisition - TotalThe sum of each Tax Lot's Current Face Value (applying factors as-of each Tax Lot Acquisition Date), for all Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Fixed Income Fund BalanceAggregated $ value for all Fixed Income Mutual and ETF fund balances.CHRIS HEINEMANCity of Little CanadaGlossaryreport as of 02/07/2019 Page 16 of 20Gain/(Loss)Unrealized Gain/(Loss), of each Tax Lot with: 1) current Market Prices and full analytical calculations, and 2) Acquisition Date and Price with full analytical and Adjusted Cost (book) Price calculations.Gain/(Loss) - TotalThe sum of each Tax Lot's unrealized Gain/(Loss), for all Tax Lots with: 1) current Market Prices and full analytical calculations, and 2) Acquisition Date and Price with full analytical and Adjusted Cost (book) Price calculations.Issue DescriptionA brief description of the Issuing entity.Market PriceThe current day's Evaluated Price of a security provided by third party data sources.Market Price - AverageAverage current Market Price, weighted by Par Value (Market Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Market Principal ValueTotal Market Principal Value, for each Tax Lot with a current Market Price and full analytical calculations.Market ValuePrincipal Value of each Tax Lot at current Market Price on current Market Settlement Date.Market Value - TotalThe sum of each Tax Lot's Principal Value and Accrued Interest, at current Market Price on current Market Settlement Date, for all Tax Lots with a current Market Price.MaturityThe original Date when Principal is scheduled to be returned. May be Adjusted for Pre-refunded and Mandatory Put bonds. Certain securities may reflect Average Life based upon Principal Pay-Down assumptions.Maturity - AverageAverage Maturity Date, weighted by Market Value (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Modified DurationAn indicator of the bond's sensitivity to interest rate changes at the current Market Price. Represents the percentage change in Price or a one percent (100bp) change in Yield.Modified Duration - AverageAverage Modified Duration, weighted by Market Value (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Moody Rating - AverageMarket Principal-weighted average official Moody Rating, for all Tax Lots with a current Market Price and full analytical calculations. US Treasury, Agency, CD, and Municipal Pre-Refunded/Escrowed-To-Maturity are assumed tohave a rating of AAA. NR/UR not included in average rating.Moody's/S&P/FitchOfficial credit rating of the issuer provided by Moody's (Mdy), Standard & Poor's (S&P) and/or Fitch (Fit) rating services.Muni EnhancementAny further credit enhancement for a Municipal Bond Issuer. May include participation in state programs, collateral pledged, LOC, etc.Muni InsuranceIndicator if the timely payment of Principal and Interest are Insured by a third party Insurer.Muni PurposeGeneral project industry type indicating Use of Proceeds of debt sale. Examples include education, healthcare, housing, etc.Muni RefundIndicator if the bond is Pre-Refunded or Escrowed-to-Maturity. Applies to Municipal bonds.Muni TypeHigh level source of payment by Issuer. General Obligation, Revenue or Tobacco.OA Effective DurationOption Adjusted Duration.OA Effective Duration - AverageAverage Option Adjusted Duration, weighted by Market value (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Original Acquisition PriceOriginal Principal cost-weighted Acquisition Price, for each Tax Lot with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Original Face ValueOriginal Face Value of each Tax Lot position with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Original Face Value - TotalThe sum of each Tax Lot's Original Face Value, for all Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Original Principal CostOriginal Principal Cost, for each Tax Lot with an Acquisition Price, current Market Price, and full analytical calculations.Original Principal Cost - TotalThe sum of each Tax Lot's Original Principal Cost, for all Tax Lots with an Acquisition Price, current Market Price, and full analytical calculations.Portfolio Value - TotalThe sum of Total Market Value, Cash, Equity, and Fund balances.Price toThe "worst" Date to which the bond is Priced at the current Market Price. Examples include Maturity, next Call Date/Price, Avg Life, Pre-Refunded Date, Mandatory Put Date, etc.Priced Current Face ValueTotal Current Face Value (applying factors as-of report Date), for all Tax Lots with a current Market Price.Priced Market PrincipalTotal Market Principal Value, for all Tax Lots with a current Market Price.Priced Orig Face ValueTotal Original Face Value, for all Tax Lots with a current Market Price.Priced PositionsNumber of Tax Lots with a current Market Price vs Total Tax Lots.S&P Rating - AverageMarket Principal-weighted average official Standard & Poor's Rating, for all Tax Lots with a current Market Price and full analytical calculations. US Treasury, Agency, CD, and Municipal Pre-Refunded/Escrowed-To-Maturity areassumed to have a rating of AAA. NR/UR not included in average rating.Spread TMThe difference between YTM and the appropriate benchmark scale Yield, calculated daily and expressed in basis points.Spread TWThe difference between YTW and the appropriate benchmark scale Yield, calculated daily and expressed in basis points.StateThe State of Issuance from which the Municipal Bond Issuer is located.Tax LotsNumber of Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical vs Tax Lots with an Acquisition Price available.Tax-Equivalent Yield To WorstTax-Equivalent Yield to Worst, for each Tax Lot with a current Market Price and full analytical calculations. Assumes Fed Inc/Cap Gain rates of 39.6% / 20.0% or Account-specific rates and residency settings if available.Tax-Equivalent Yield To Worst - AverageAverage Market Principal-weighted Tax-Equivalent Yield to Worst, for all Tax Lots with a current Market Price and full analytical calculations. Cognizant of the State of Residence and Tax Rates set on the Account..UnderlyingCredit rating of the underlying Municipal Bond Issuer without consideration for Insurance, Credit Enhancements, or other sources of debt service payments.Yield to MaturityThe Yield based upon the current Market Price, not considering Call Dates.Yield to Maturity - AverageAverage Yield to Maturity, weighted by Market value (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Yield to Maturity - Average (Cost)Face Value at Acquisition-weighted average Yield to Maturity, for each Tax Lot with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Yield to Maturity - Average (Market)Market Principal-weighted average Yield to Maturity, for each Tax Lot with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Yield to WorstThe lowest possible Yield based upon the current Market Price, considering Call Dates, Maturity Dates, and principal Pay-Downs.Yield to Worst - AverageAverage Yield to Worst weighted by Market Value (Par Value-weighted optional), for all Tax Lots with current Market Prices and full analytical calculations.Yield to Worst - Average (Cost)Face Value at Acquisition-weighted Average Acquisition (book) Yield to Worst, for all Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.Yield to Worst - Average (Market)Market Principal-weighted average Yield to Worst, for all Tax Lots with an Acquisition Price, Acquisition Date, current Market Price, and full analytical calculations.CHRIS HEINEMANCity of Little CanadaGlossary (continued...)report as of 02/07/2019 Page 17 of 20This portfolio evaluation is an analysis of your bond portfolio as of the date reflected. It is based on information supplied to us solely by you. It is not intended to be a pricing service, and the "market price" provided by our vendor isonly an approximation and should not be considered as an offer to buy or sell any issue. The prices have been obtained from sources believed to be reliable but are not guaranteed as to accuracy. Any substantial change in thecredit and/or callability of an issue may not be reflected in the valuation. UBS Financial Services Inc. is not responsible for errors in report listings, incorrect information supplied by our various subscribed services, or missed putsand calls. This report is not to be used for tax purposes. Please contact your tax advisor regarding suitability of tax-exempt investments for your portfolio. Income from municipals may be subject to state and local taxes as well asthe Alternative Minimum tax. Municipal Securities are subject to gain/losses based on the level of interest rates, market conditions and credit quality of the issuer. This report does not include complete account activity of performance of your accounts before this date. All information presented is subject to change at any time and is provided only as of the date indicated. The information inthis report is for information purposes only and should not be relied upon as the basis of an investment or liquidation decision. UBS Financial Services Inc. account statements and official tax documents are the only official recordof your accounts and are not replaced or superseded by any of the information presented in these reports. Past performance does not guarantee future results and current performance may be lower or higher than past performancedata presented. Please review the report content and contact your Financial Advisor with any questions. The account listing may not include all of your accounts with UBS Financial Services Inc. Gain/Loss: The gain/loss information may include calculations based upon non-UBS Financial Services Inc. cost basis information. The Firm does not independently verify or guarantee the accuracy or validity of any informationprovided by sources other than UBS Financial Services Inc. In addition, if this report contains positions with unavailable cost basis, the gain/(loss) for these positions are excluded in the calculation for the Gain/(Loss). As a resultthese figures may not be accurate and are provided for informational purposes only. Clients should not rely on this information in making purchase or sell decisions, for tax purposes or otherwise. Rely only on year-end tax formswhen preparing your tax return. See your monthly statement for additional information. Pricing: All securities are priced using the closing price reported on the last business day preceding the ate of this report. Every reasonable attempt has been made to accurately price securities; however, we make no warranty withrespect to any security's price. Please refer to the back of the first page of your UBS Financial Services Inc. accounts statement for important information regarding the pricing used for certain types of securities, the sources ofpricing data and other qualifications concerning the pricing of securities. To determine the value of securities in your account, we generally rely on third party quotation services. If a price is unavailable or believed to be unreliable,we may determine the price in good faith and may use other sources such as the last recorded transaction. When securities are held at another custodian or if you hold illiquid or restricted securities for which there is no publishedprice, we will generally rely on the value provided by the custodian or issuer of that security. Expected Cash Flow reporting for Puerto Rico Income Tax Purposes: Expected Cash Flow reporting may be prepared solely for Puerto Rico income tax purposes only. If you have received expected cash flow reporting for PuertoRico income tax purposes only and are NOT subject to Puerto Rico income taxes, you have received this reporting in error and you should contact your Financial Advisor immediately. Both the Firm and your Financial Advisor willrely solely upon your representations and will not make the determination of whether you are subject to Puerto Rico income taxes. If you have received this reporting and you are NOT subject to Puerto Rico income taxes, theinformation provided in this reporting is inaccurate and should not be relied upon by you or your advisers. Neither UBS Financial Services Inc. nor its employees provide tax or legal advice. You should consult with your tax and/orlegal advisors regarding your personal circumstances. For insurance, annuities, and 529 Plans, UBS Financial Services, Inc. relies on information obtained from third party services it believes to be reliable. UBS Financial Services, Inc. does not independently verify or guarantee the accuracy or validity ofany information provided by third parties. Information for insurance, annuities, and 529 Plans that has been provided by a third party service may not reflect the quantity and market value as of the previous business day. When available, an "as of"date is included in the description. Fixed income securities Fixed income securities are subject to market risk and interest rate risk. If sold in the secondary market prior to maturity, investors may experience a gain or loss depending on interest rates, market conditions and the credit qualityof the issuer. CHRIS HEINEMANCity of Little CanadaDisclaimerreport as of 02/07/2019 Page 18 of 20Corporate Bonds -Call Risk- Should an issue be called, investors may be faced with an earlier than anticipate reinvestment decision, possibly at lower rates. -Interest Rate Risk- Corporate bonds are subject to market value fluctuations as interest rates rise and fall. If sold prior to maturity, the price received for an issue may be less than the original purchase price. -Reinvestment risk- Since most corporate issues pay interest semiannually, the reinvestment of coupon payments over the life of the bond can have a major impact on the bond's total return. -Credit/Event Risk- Corporate investments are subject to event risk and changes in credit quality. Companies can experience increased competition, takeovers and other economic situations that may have adverse effects on themarket value of their securities. In event of bankruptcy of the issuer, the bond may lose all or most of its value. -Call Provisions- When evaluating the purchase of a corporate bond, one should be aware of any features that may allow the issuer to call the security. This is particularly important when considering an issue that is trading at apremium to its call price, since the return may be negatively impacted if the issue is redeemed. Emerging Market Investments Investors should be aware that Emerging Market assets are subject to, amongst others, potential risks linked to currency volatility, abrupt changes in the cost of capital and the economic growth outlook, as well as regulatory andsocio-political risk, interest rate risk and higher credit risk. These assets can sometimes be very illiquid and liquidity conditions can abruptly worsen. High yield bonds Due to their credit quality, which are lower than U.S. Treasury bonds or high-grade corporate bonds, high yield bonds involve greater risk. Therefore, clients should not purchase high-yield bonds based on potential yield alone;They should also consider the credit risk or risk of default associated with the issuer, and how that risk might affect the safety of their investment. Preferred Securities These securities are subject to market value fluctuation given changes in the level of interest rates--rising rates may lead to a decline in value. Adverse changes in the credit quality of the issuer may negatively impact the marketvalue of the securities. Call features may exist that can impact yield. There is no guarantee that an active secondary market will exist for any issue. There are different types of Preferred Securities, with differing levels of security. Issuers of Trust Preferred Securities have the right to defer or suspend distribution payments for up to 20 consecutive quarters. Whether a preferred stock pays dividends on a cumulative or non-cumulative basis may affect marketvalue. Ownership of Preferred Securities may result in certain tax consequences. Floating Rate Securities A floating rate security's coupon will adjust down, as well as up. To the extent that the benchmark is trending lower, the rate on the security will also adjust lower and may lead to erosion of the market value of the security. Totalreturn may be less than anticipated if future interest rate expectations are not met. As the majority of floating-rate securities are not listed, there is no guarantee made as to an active and liquid secondary market for these securities. Inflation Indexed Securities An investment in securities with principal or interest determined by reference to an inflation index involves factors not associated with an investment in a fixed coupon and principal security; such as, the inflation index may besubject to significant changes, that changes in the index may or may not correlate to changes in interest rates generally or with changes in other indexes, that the resulting interest may be greater or less than that payable on othersecurities of similar maturities. Historic performance of the index is not necessarily indicative of future performance. Movements in the Index that have occurred in the past are not necessarily indicative of changes that may occur inthe future which may be greater or smaller than those that have occurred historically. Investors should not rely on any historical changes or trends in the Index as an indicator of future changes in the Index. There is no guaranteemade as to an active and liquid secondary market for these securities. GSE Securities/Agencies are subject to the following risks: CHRIS HEINEMANCity of Little CanadaDisclaimer (continued...)report as of 02/07/2019 Page 19 of 20-Market Risk -Interest Rate Sensitivity -Limited Call Protection -Not a direct obligation of the U.S. government Callable and step-rate GSEs are also: -Subject to Call before Maturity -Step-rate agency securities may pay a below-market rate of interest Certificates of Deposits (CDs) are subject to the following risks: -Secondary Market Risk -Market Risk/Interest Rate Sensitivity -Term/Reinvestment Risk -FDIC Insurance Maximum Coverage Limits Callable and step-rate CDs are also: -Subject to Call before Maturity -Step-rate CDs may pay a below-market rate of interest Mortgage-Backed Securities are subject to the following risks: -Prepayment Risk -Interest Rate Risk -Spread Risk Treasury Zeros Zero-coupon bonds do not pay periodic interest. The accrued value of the bonds over time may be subject to federal, state, local and capital gains tax at the time of sale or redemption. Zero-coupon bonds may be more volatile thancoupon-bearing securities in response to interest-rate fluctuations. Principal value may fluctuate if sold prior to maturity. Other call features may exist which could affect yield. Municipal Securities -Fixed income securities are subject to market risk and interest rate risk. -If sold in the secondary market prior to maturity, investors may experience a gain or loss depending on interest rates, market conditions and the credit quality of the issuer. -Income from municipal bonds may be subject to state and local taxes as well as the Alternative Minimum Tax. -Call features may exist that can impact yield. -UBS Financial Services Inc. does not provide tax, legal or accounting advice. Investors should contact their tax advisor regarding the suitability of tax-exempt investments in their portfolio and their accounting advisor to determinethe appropriate accounting treatment. CHRIS HEINEMANCity of Little CanadaDisclaimer (continued...)report as of 02/07/2019 Page 20 of 20-Additional information available upon request. Tax / Wash Sales UBS does not provide tax advice and consequently has made no determination as to whether the securities in question would constitute substantially identical property for purposes of the Internal Revenue Code wash sale rules.Clients should consult their tax advisors with respect to this issue and any other tax aspects associated with this transaction. CHRIS HEINEMANCity of Little CanadaDisclaimer (continued...)report as of 02/07/2019 STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Chris Heineman, City Administrator DATE: February 13, 2019 RE: Strategic Planning Proposal BACKGROUND: In recent years, the City Council has typically held an annual goal-setting workshop with members of the Planning Commission, Parks and Recreation Commission, and representatives from other local community organizations. Based on conversations with staff and a review of meeting minutes, it appears that the goals discussed in these workshops have provided direction for 4-5 top goals for the following year. The 2018 goal setting session resulted in the following goals: 1. Redevelopment – Develop a plan for the use of the remaining balances in TIF Districts 2.1 & 3.2; Consider exploring proactive options for targeted redevelopment areas; Evaluate buying land and holding sites for redevelopment verses buying at the time of development; Discussion on targeted redevelopment areas. 2. Develop a plan to help create a Little Canada Downtown 3. Parks – Complete Parks Master Plan and prioritize for implementation; create a policy on easement acquisition for trails; Redevelop Spooner Park Playground; and review and develop plan for increased parking at Spooner Park. 4. Sheriff – Work with Ramsey County Sheriff on critical incident response process and understand hiring/training practices; develop a plan to provide information and context to Little Canada to keep us informed; consider creation of emergency communications plan. Many of these items are in progress or were completed, while others may need further evaluation. While all of these goals are strong priorities, they stop short of providing a long-term vision or the implementation steps to achieve that vision. The goal of a strategic plan is to establish a practical vision for the community and identify clear steps the City will take to achieve that vision. With the 2018 election behind us, the first quarter of 2019 would to be an ideal time to initiate a multi- year strategic planning process. In preparation for this, I have already initiated some information gathering steps including the U of M Extension Retail Trade Analysis and engaging ULI MN for a ‘Navigating your Competitive Future’ session scheduled for February 27, 2019. I have also been in contact with Richard Fursman at Hue Life to discuss his availability, and the following dates have been tentatively selected: • Wednesday, April 10th (5:00 pm – 7:00 pm) • Saturday, April 13th (4-6 hour retreat format) The attached proposal outlines the proposed scope of a strategic planning process. Additional information will be provided at the meeting to consider and discuss. Strategic Planning Facilitation Proposal City of Little Canada, Minnesota January 23, 2019 Dr. Richard Fursman Ed.D. & Irina Fursman Ed.D. ABD—CTF Certified Facilitator 5775 Wayzata Blvd, Suite 700 St. Louis Park, MN 55416 Website: www.hue.life Phone: 651.338.2533 1. Overview INTRODUCTION: We are pleased to submit a proposal to begin an engagement with the City of Little Canada for the pur- pose of assisting the City’s leadership in strategic planning ef- forts. Charting the course and policies of the organization is fundamental to effective governance and performance. We trust our process, experience, and commitment to you will re- sult in the highest quality and best possible outcomes. This project entails the development of a strategic plan built up- on involvement and guidance from the City Council, staff, and if desired, members of the community. The purpose of the pro- ject is to set in place a practical vision for the community and identify in clear language, the steps the City will take to achieve the vision. The City has new staff who would benefit from com- ing together with elected officials to form a common vision and agenda for the next 2 years.. To provide the City of Little Canada facilitation services that will generate an inspirational vision, strategic framework for obtain- ing the vison, and a work plan outline for the first year. 2. Scope Sample Agenda Day One April 10 • Assemble • Introductions and opening exercise • Historical Scan and Updates • Visioning (Concrete future of Little Canada) • Adjourn Day Two: April 13 • Review • Examine Blocks (impediments/obstacles) to vision • Strategic Directions—Innovative steps to take to overcome blocks and move toward vision • 1 year work plan with milestones • Roles and responsibilities • Reflection and Adjourn. Follow up Written report provided by huelife. The expected outcomes of the City will determine the design of the retreat. The following components have been the most helpful to the many cities we have facilitated plans with. 1. VISION: What do we want to see in place in Little Canada in 2025 as a result of our actions today? 2. Blocks: What is currently blocking us from attaining our vision and goals? 3. Strategic Directions: What innovative, substantial actions will deal with the blocks and move us toward our vision? 4. Focused Implementation: What will be our specific, measureable accomplishments for the first year? 3. Design  Shared understanding of our environment (larger context) in which we exist  Unifying vision of the future and where we want to be  Common understanding of our reality and what needs to change  Clear direction of where we are going and what needs to happen to accomplish that  Select key priorities to help launch us in that direction  2 year accomplishments identified with one-year work plan  Assessing the External Environment – the external trends that im- pact us directly or indirectly  Mapping out the Practical Vision – the shared picture of the de- sired future, clarified purpose and need for change  Analyzing the Internal Obstacles – the underlying obstacles or is- sues preventing realization of the vision  Setting the Strategic Direction – the proposed actions to deal with the contradictions and move towards the vision  Identifying Key Focus Areas – the key strategic priorities to launch the City in the selected direction $6,500 Includes • 2-Day Strategic Planning Session • Documentation • Follow-up 4. Suggested Outcomes: 5. Strategic Planning Process Overview: Fees: The firm huelife was recently operating as Brimeyer Fursman. The change of name reflects the commitment to combine hu- man understanding and engagement with strategy and devel- opment. The process of governing at the local level requires connection to the community and a partnership between citi- zens, staff, and the elected officials. Firm Profile: Facilitators Short Bio: Irina Fursman, Ed. D (a.b.d.) is a Chief Facilitator and OD Practitioner at HUE.Life, organization development and facilitation firm that focuses on Hu- man Understanding and Engagement as a core strategy for change. She designs and facilitates team building events, strategic planning, and organizational or community engagement projects toward positive change. Irina is a nationally certified ToP facilitator and trainer from the Institute of Cultural Affairs. She earned her Bachelor’s Degree in Education and Masters of Science Degree in Mathematics and Computer Science before moving to the United States in 2002. She is a Doctoral Candidate in Organization Development at the Univer- sity of St. Thomas, writing her dissertation. Dr. Richard Fursman, Ed.D: Richard is an Organization Development and Change expert for HUE.Life. He has helped hundreds of organizations develop and implement strategy by facilitating discussions and aligning strategy with action planning, hiring, and review. Richard has facilitated and advised on Strategic Thinking and Planning with National, Regional, and Local governments in the USA and Eastern Europe in- volving small, intimate groups and large-scale events involving hundreds of partici- pants. Richard has and continues to lecture on individual and whole -system change at a number of Universities and conferences in the USA and abroad. Richard has over 20 years of senior management experience in local government, and is currently drafting curriculum for the Institute of Public Administration in Ukraine. Richard earned his Doctorate in Organization Development from the University of St. Thomas where he serves as an Adjunct Faculty member. Your Facilitation Team: Irina and Richard have combined to do over 200 strategic planning sessions with clients in the Public, Private, Non- profit and for-profit sectors. They facilitate together to provide a truly unique blend of perspectives, trainings, and experienc- es to ensure their planning events are interactive, fun, engag- ing and productive. The team has worked together through- out the USA and in Europe with facilitators from Taiwan, Ger- many, Netherlands, England and France. References City Manager James Verbrugge Manager City of Bloomington (pop. ~85,000) Organization Review and Restructure and Strategic Planning 1800 West Old Shakopee Road Bloomington, Minnesota 55431-3027 Email: jverbrugge@bloomingtonmn.gov Phone: 952-563-8700 City Administrator Matthew Staehling Administrator – City of St. Cloud, MN (pop. ~ 70,000) Strategic Planning St. Cloud City Hall 400 Second St. S. St. Cloud, MN 56301 Email: Matthew Staehling <Matthew.Staehling@ci.stcloud.mn.us> Phone: (320) 255-7201 City Manager Matt Podhradsky Manager of the City of Chaska, Minnesota (pop. ~ 25,000) Organization and City Strategic Planning One City Hall Plaza Chaska, MN 55318 Email: mpodhradsky@chaskamn.com Phone: (952) 448-9200 Country of Ukraine – Peace Summit Kiev, Ukraine (250 Participants) City of Brooklyn Park, MINNESOTA- Organization Alignment, Strategic Planning, Employee and Civic Engagement Geneseo, ILLINOIS– School District – Community Engagement Workshops City of West Des Moines, IOWA – Strategic Planning NAUKMA University, Kiev, Ukraine – Reorganization of Economics Depart- ment City of Bloomington: Strategic Planning Barron County, WISCONSIN – Countywide Visioning Process City of Electra, TEXAS – Strategic Planning, Community Engagement City of Canton, SOUTH DAKITA – Strategic Planning City of Norfolk, NEBRASKA – City Strategic Planning Medtronic, Boston, MASSACHUSETTS and MPLS. MN – HR Department Training Hinckley Casino – HR Department – Facilitation Training Hennepin County, MINNESOTA – Supervisory Training and Employee En- gagement Workshops, Facilitation Training City of Shakopee, MINNESOTA – Strategic Planning and Governance City of Chaska, MINNESOTA – City Strategic Planning City of Carver, MN—Strategic Planning City of Vasilkiv, Ukraine – Organization Analysis City of Eveleth, MINNESOTA, Economic Development Authority Strategic Planning City of Falcon Heights: MINNESOTA Human Rights Commission Action Planning City of Edina, MINNESOTA: Environmental Commission Strategic Planning City of Victoria, MINNESOTA: City Strategic Planning Sessions City of Roseville, MINNESOTA: Human Rights Commission, Board Devel- opment City of Boryspil, Ukraine – Civic Engagement and Strategic Planning City of Wyoming, MINNESOTA – Strategic Planning (2013) City of Worthington, MINNESOTA – Community Engagement & Strategic Planning (2011-13) City of Montrose, MINNESOTA – Strategic Planning (2011 – 2013) City of Crystal, MINNESOTA – Employee Effectiveness and Team Building City of Bayport, MINNESOTA – Employee Effectiveness, Strategic Plan- ning, Organization Analysis, Performance Evaluation Hennepin County, MINNESOTA – Medical Center, HR Department For- mation Ramsey County, MINNESOTA – Health Department , Action Planning City of Robbinsdale, MINNESOTA – Strategic Planning, Board Development City of Hopkins, MINNESOTA – Civic Engagement City of Golden Valley, MINNESOTA – Human Rights Com Participatory Assessment City of Oelwein, IOWA – Strategic Planning City of Independence IOWA—Strategic Planning City of Cloquet, MINNESOTA – Strategic Planning and Governance City of Prairie City, IOWA – Strategic Planning and Governance City of St. Cloud, MINESOTA - Economic Development Authority Strategic Planning, City Council Governance and Team Building Session, City Strategic Planning City of Champlin, MINNESOTA – Strategic Planning Organization Development & Community Engagement Cli- ents (2010– 2014) Partial list STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Chris Heineman, City Administrator DATE: February 13, 2019 RE: CTV Update BACKGROUND: I attended a meeting of the North Suburban Communications Commission Joint Powers Authority Administrator’s meeting on Wednesday, February 6th. Staff provided a legal update on the Federal Communications Commission implementation of Section 621(a)(1) related to cable television franchise agreements. The CTV attorney is estimating potential reductions of 20-30% and submitted comments on behalf of all cities in December. While the timing of this process is unknown, it will have a significant impact on our Cable Fund if it moves forward. Also on the agenda was a review of the North Suburban Communications Commission Access Channel Policy. This policy has been completely reorganized and revised to meet current regulatory guidelines and best practices. At the request of area City Administrators one of the items that was not included in the past and has been added is a policy for program sponsorship. This may be useful to the City of Little Canada if we partner with a local business or other community organization to produce a program or local content that is of special interest to local residents. CTV staff provided an example of the updated City landing pages on the CTV website. Dana Healy was planning a soft launch of these landing pages next week and they will go live February 15th. Dana also showcased a locally produced program for the City of St. Anthony that demonstrated what CTV staff can provide for each City. I plan to provide a brief example of this program at the workshop. Additional updates on the transition to CTV production staff will also be provided. A copy of the December and January monthly information reports are attached for your information. December 2018 Programming & Social Media/Web PROGRAMMING • PRODUCTION SERVICES: “GOOD CHATS” {LIVE Studio Shoot) 12/13 ü Local Non-profit, Growing out of Darkness • CTV NEW PROGRAMS (67 Total) = 91.5 hours of programming • CITY MEETINGS (26 Total): 2 – Little Canada meetings [Live: Channel + web] • NORTH SUBURBAN COMMUNICATIONS COMMISSION MEETING: 12/6 [Live Ch15/859 + web] • RAMSEY COUNTY BOARD MEETINGS: 12/11, 12/18 [Live Ch19 – Tues 9am] • SCHOOL PROGRAMS: ü Roseville HS Jazz Showcase, 12/3 [Live Ch15/HD859 + web] ü Girls Basketball Roseville/Stillwater, 12/14 [Live Ch14/HD859 + web] ü Boys Basketball Roseville/Spring Lake Park, 12/11 [Live Ch14/HD859 + web] ü Boys Hockey Roseville/Mounds View, 12/6 [Live Ch14/HD859 + web] ü Girls Basketball Roseville/Irondale, 12/4 [Live Ch14/HD859 + web] ü Boys Swimming Roseville/East Ridge, 12/20 ü Girls Hockey Roseville/White Bear Lake, 12/22 [Live Ch14/HD859 + web] ü Girls Hockey Roseville/Elk River, 12/31 [Live Ch14] ü Girls Basketball Roseville/Kennedy, 12/7 SOCIAL MEDIA/WEB • FACEBOOK (53 posts for the month) • Daily average of people reached = 294 • CTV Facebook page: Total Likes = 737 • LIVE WEB STREAMS (non-meeting) ü 12 Total = 4,761 views (as of 1/4/19) § Sports (7) 2,968 views § Concerts/Other (5) 1,793 views January 2019 Programming & Social Media/Web PROGRAMMING • PRODUCTION SERVICES: ü “Tales of Our Cities” {1/15} featured Jenny Jackson, Ramsey County Library ü “Ramsey County Library: Golden Age Department Stores” {1/15} ü League of Women Voters: Conversation with Constituents” RV City Hall {1/15} ü “Ramsey County Library: : Push or Pull– Pa Ingalls Syndrome (US Immigration)” {1/22} ü  “ASK Series: Ask about Human Trafficking” {1/8} • NEW PROGRAMS CABLECAST in JANUARY (70 Total) = 97.5 hours of programming • CITY MEETINGS (42 Total): 4 – Little Canada city meetings [Live Ch16 + Web] • NORTH SUBURBAN COMMUNICATIONS COMMISSION MEETING: 1/17 [Live Ch15/859 + web] • RAMSEY COUNTY BOARD MEETINGS: 1/8, 1/15, 1/22, 1/29 [Live Ch19 – 9am] • SCHOOL PROGRAMS: ü Roseville HS Boys Hockey, 1/3 [Live Ch14/HD859 + web] ü Roseville HS Girls Basketball, 1/4 [Live Ch14/HD859 + web] ü Roseville HS Boys Hockey, 1/12 [Live Ch14/HD859 + web] ü Roseville HS Girls Hockey, 1/14 [Live Ch14/HD859 + web] ü Roseville HS Gymnastics, 1/17 [Live Ch14/HD859 + web] ü Roseville HS Gymnastics v. MVHS, 1/24 [Live Ch14/HD859 + web] ü RAHS District 623 Staff Music Recital, 1/8 [Live Ch15/859 + web]] SOCIAL MEDIA/WEB • FACEBOOK (56 posts for the month) • Daily average of people reached = 670 • CTV Facebook page: Total Likes = 789 • LIVE WEB STREAMS (non-meeting) ü 7 Total = 2,408 views (as of 2/4/19) § Sports (6) 2,140 views § Concerts/Other (1) 286 views MEMORANDUM TO: Mayor Keis and Members of the City Council FROM: Bryce Shearen, Parks & Recreation/Community Services Manager DATE: February 12, 2019 RE: CTV and staff transition update CTV production of City meetings has begun as of the first of the year. So far, the transition has been seamless and CTV has been great with communication to staff. The Cable TV Producer, Vanessa VanAlstine submitted a formal resignation from the City of Little Canada on January 30, 2019. In the past couple of weeks Vanessa has been working on wrapping up many loose ends and had multiple meetings with me to help with my understanding of the ongoing cable television duties, and provide me with credentials, background on equipment, supplies, and miscellaneous institutional knowledge from her tenure with the City. Going forward, staff and the City Council will need to determine how to address various tasks that the City has done in the past and CTV is not covering. Those tasks include: • Maintaining the Carousel bulletin board on channel 16 o Acquire videos to play on the channel or bulletin board • Setting a playback schedule for CTV (to be provided at least one week in advance) • After meeting tasks o Burn a DVD from the HDD/DVD drive. Label, store, and update database records. o Move meeting recordings to the Meetings volume server o Rename HELO recording of the meeting o Trim recording of the meeting • Keep up with the City’s library of recordings • Maintaining computers and equipment • POC for coordinating maintenance, repairs or troubleshooting of equipment There are also a number of housekeeping items that will need to be done at some point. In the past, the agenda graphics were done prior to the meeting by staff. This task is now part of the CTV’s workflow prior to each meeting. At this time, I intend to communicate with CTV about what meetings need to be covered, cancelations or date changes, and updates as they happen. I plan on meeting with Kevin Helander to discuss any other tasks that may need to be done and gain a better understanding of his desire/skill set of work and to talk about expectations and opportunities as we move forward. Further discussion and direction from the Council will be needed on items, such as: 1. Discuss which Little Canada original content that you would like CTV to produce, and determine if the Council would like any additional community events recorded and broadcast. 2. Discuss potential conversion of VHS tapes to digital files. STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Heidi Heller, City Clerk DATE: February 8, 2019 RE: 2019 SafeAssure Service Agreement Attached is the renewal of the City’s service agreement with SafeAssure for OSHA-mandated safety training for the contract period March 1, 2019 through February 29, 2020. The agreement amount is $2,070.46 and this amount reflects a 4% increase from the 2018 agreement. REQUESTED ACTION: Approval of the 2019 SafeAssure service agreement as submitted. Page | 1 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarify written and training requirements. The required standards that apply to The City of Little Canada are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work-place..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............" CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program........ OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels and shall ensure employee participation in such a program. Page | 2 BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees." PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity………………… ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 “Training required for each employee and their supervisors must address signs and symptoms of MSD’s, MSD hazards and controls used to address MSD hazards.” MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth -moving equipment operators and all other employees working on the ground exposed to mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth -moving equipment and in the recognition of unsafe or hazardous conditions. POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 “Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks”. Page | 3 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts when or if applicable during the Service Agreement year. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. Page | 4 These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Little Canada to obtain as required to comply with OSHA standards. Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Little Canada are for the sole and express use by The City of Little Canada and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a Service Agreement year, will be made at no additional cost to The City of Little Canada. All written programs/services that are produced by SafeAssure Consultants, Inc. are GUARANTEED to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse The City of Little Canada should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. Page | 5 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Little Canada Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating MSDS Online database Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal Trenching/Excavation • review/modify or write site specific program • documented training of all personnel Chainsaw/Tree Trimming • review/modify or write site specific program • documented training of all personnel Page | 6 Ergonomics/Proper Lifting • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Fleet Safety/Defensive Driving • review/modify or write site specific program • documented training of all personnel Contractors Safety Program • review/modify or write site specific program • documented training of all personnel Recordkeeping • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel General Safety Requirements (other as required) • review/modify or write site specific program • documented training of all personnel The “SafeAssure Advantage” • On-Line training available for AWAIR, EAP, ERTK, ERGO/Lifting, Bloodborne, Fire Extinguishers • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure “Client Discount” from Fastenal Stores or Catalogs (15% off any item) • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO-as required) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • “ALERT” data base • Unlimited consulting services Page | 7 Service Agreement THIS AGREEMENT is made this first day of March 2019 between The City of Little Canada, Little Canada, Minnesota, herein referred to as The City of Little Canada and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this Service Agreement, The City of Little Canada (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by “The Hartford” insurance companies. SafeAssure further agrees that The City of Little Canada will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Little Canada, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Little Canada, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Little Canada, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed Service Agreement, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Little Canada, the aforementioned features and services. These features and service s include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Little Canada. ANNUAL SERVICE AGREEMENT $2070.46 MSDS ON-LINE Included TOTAL ANNUAL $2,070.46 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. X_________________________________ The City of Little Canada Date X_________________________________ The City of Little Canada Date X 020119 President-SafeAssure Date STAFF REPORT TO:Mayor Keis and Members of City Council FROM:Bill Dircks, Public Works Director DATE:February 7, 2019 RE:WaterFest Sponsorship BACKGROUND: Each year the Ramsey Washington Metro Watershed District (RWMWD) requests sponsorship money from the Cities in its jurisdiction for its annual WaterFest event that is held at Lake Phalen Park. Since 2013 the City has donated funds to the event and added it to its Storm Water Pollution Prevention Program as an annual expenditure in the name of improving water quality and education. The amount started at $500 and was upped to $600 in 2014. The City has donated $600 annually since 2014 and staff is recommending budgeting $600 for 2019 WaterFest sponsorship. A $600 sponsorship qualifies for the Egret Level. The Egret Level Sponsorship will allow for the City’s logo to be prominently displayed on the WaterFest poster and on the web page and press releases. The 20th annual WaterFest celebration is scheduled for Saturday, June 1 from 11:00 a.m. to 4:00 p.m. at Lake Phalen Park. There are numerous hands-on learning experiences and more than 75 exhibitors. 3,000 people attend the event each year to learn about the importance of clean water, wildlife habitat, and the unique ecological features of our world-class watershed. All residents of Little Canada are encouraged to attend. STAFF RECOMMENDATION: Staff recommends making a $600 donation to the 2019 WaterFest celebration. STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Chris Heineman, City Administrator DATE: February 13, 2019 RE: Approve Reimbursement of Cell Phone Costs for Joel Hanson ACTION TO BE CONSIDERED: The City Council is asked to consider a request for reimbursement of cell phone costs in the amount of $4,226.37 for former Little Canada City Administrator Joel Hanson. BACKGROUND: Mayor Keis received an e-mail from Joel Hanson on December 19th requesting reimbursement of cell phone costs incurred since December of 2013 totaling $4,226.37. A memo from Joel and additional information is attached for your information. After receiving this request, I spoke with our auditors at Clifton Laron Allen to determine the best way to move forward with this request. As an initial step, they recommended that we review our official minutes to determine if specific direction was already provided by the City Council. According to the minutes from the City Council Workshop on December 13, 2013, the Council agreed to provide and pay for a smart phone and phone plan for the City Administrator. The auditors stated that this would be enough to support the reimbursement requested. The auditors also stated that this reimbursement would appear to fall under the section on De Minimis Benefits for non-compensatory business purposes according to IRS publication 15b. If the City Council wishes to move forward with this reimbursement, a check can be issued to Joel Hanson and there would be no tax ramifications. The auditor recommended that any payment should be booked as accounts payable in 2018 prior to closing out the year. RECOMMENDED ACTION: Staff recommends approval of a payment to Joel Hanson for reimbursement of cell phone costs in the amount of $4,226.37. TO: Mayor Keis and Members of the City Council FROM: Joel Hanson DATE: December 19, 2018 RE: Phone Reimbursement During my performance review conducted in December of 2013, the Council directed me to obtain a cell phone and plan capable of text messaging. (I did not text with my personal cell phone at that time and the City was not reimbursing me for any phone costs.) I was told the City would pay the costs for my phone, but we never formalized that arrangement (that is on me). I have prepared the attached spreadsheet that has two options for your consideration. The first is based on my costs at the time I upgraded my phone. They are lower than my actual costs due to plan design involving the number of users and data allowances. The plan I purchased was a 10GB Data allowance given it provided the best overall value. However, I did not need that high of an allowance solely for my city usage. Therefore, I based the price on a 2GB option. That would have cost $65 a month for my service only. I also included the cost of the phone I purchased at that time. I purchased a used phone off E-Bay to lessen the cost). In 2016, I purchased a new phone because the first phone was failing. That phone cost $694.99 but I did receive a $250 rebate that I gave to Lisa (for use at Sam’s Club) based on the assumption the City would be reimbursing me for the phone. Instead, I revised the numbers in the spreadsheet starting in November of 2016 to reflect the added costs of financing (in this way, the City is not paying the full cost). However, I did add the recovery of the $250 phone purchase rebate I gave to Lisa. The second option is based on the arrangement I (and other employees) have at South St. Paul. In this case, I receive a flat $75 a month to cover all costs. I used both options for comparative purposes. Given the SSP option is less cost to Little Canada, I would be more than willing to accept that amount as reimbursement (again including the recovery of the $250 rebate) for a total due of $4,075.00 (versus costs of $4,226.37). Thank you for considering these options. Please let me know if you have comments or questions. cc: Sharon Provos, Finance Director Option #1 Option #2 My Actual Costs SSP @ $75/month Apr-14 65 75 May-14 65 75 Jun-14 65 75 Jul-14 65 75 Aug-14 65 75 Sep-14 65 75 Oct-14 65 75 Nov-14 65 75 Dec-14 65 75 Jan-15 65 75 Feb-15 65 75 Mar-15 65 75 Apr-15 65 75 May-15 65 75 Jun-15 65 75 Jul-15 65 75 Aug-15 65 75 Sep-15 65 75 Oct-15 65 75 Nov-15 65 75 Dec-15 65 75 Jan-16 65 75 Feb-16 65 75 Mar-16 65 75 Apr-16 65 75 May-16 65 75 Jun-16 65 75 Jul-16 65 75 Aug-16 65 75 Sep-16 65 75 Oct-16 65 75 Nov-16 65 75 Dec-16 78.33 *75 Jan-17 78.33 75 Feb-17 78.33 75 Mar-17 78.33 75 Apr-17 78.33 75 May-17 78.33 75 Jun-17 78.33 75 Jul-17 78.33 75 Aug-17 78.33 75 Sep-17 78.33 75 Oct-17 78.33 75 Nov-17 78.33 75 Dec-17 78.33 75 Jan-18 78.33 75 Feb-18 78.33 75 Mar-18 78.33 75 Apr-18 78.33 75 May-18 78.33 75 Jun-18 78.33 75 Subtotal $3,568.27 $3,825.00 Phone 1 (3/14)$408.10 Included Phone 2 (11/16)Included Included Rebate Given To City $250.00 $250.00 Total $4,226.37 $4,075.00 CELL PHONE REIMBURSEMENT * Higher Rate Reflects Phone Financing (cost of $694.99) STAFF REPORT TO:Mayor Keis and Members of the City Council FROM:Heidi Heller, City Clerk DATE:February 13, 2019 RE:Finance Director Hire 14 applications for the Finance Director position were received. City Staff interviewed six candidates, and a second interview was conducted with the finalist, Brenda Malinowski, on January 30, 2019. An offer has been made to Ms. Malinowski, and final details are being completed on the employment agreement. Staff will provide additional information prior to Wednesday’s meeting. STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Chris Heineman, City Administrator DATE: February 13, 2019 RE: Approval of Finance Director Employment Agreement ACTION TO BE CONSIDERED: The City Council is asked to consider Approval of the Finance Director Employment Agreement BACKGROUND: The City of Little Canada Finance Director position has been open since December 19th, 2018 due to the resignation of former Finance Director Sharon Provos. A job posting for a full-time Finance Director position was published in multiple locations, including the League of Minnesota Cities website. Applications were accepted through the end of the day on Friday, December 28. A total of 14 highly qualified candidates submitted applications for the position. Staff reviewed all applications and resumes and selected six applicants for a preliminary interview process. The leadership team interviewed each of the six candidates on Tuesday, January 22 and Wednesday, January 23rd. Staff utilized a list of 15 interview questions plus a pre-interview writing exercise to evaluate the applicants. All of the candidates had a substantial level of accounting and management experience, and three candidates had prior experience as a Finance Coordinator or Finance Director. Brenda Malinowski was selected from the group of candidates as a finalist to move forward to the next phase of the interview process, which included a meeting with Mayor Keis and a second interview with Council members McGraw and Fischer. Brenda has over 21 years of municipal finance experience including approximately 19 years with the City of Cottage Grove. She is an active member of the Minnesota Government Finance Officers Association (GFOA) and has extensive experience with accounting, utility billing, capital improvement planning, budgeting, and the municipal audit process. The final interview was conducted on January 30th. Following the final interview process, staff conducted a background review. Ms. Malinowski passed both the criminal and reference checks with flying colors. She received high marks and an unreserved recommendation from each of her references, with several saying that they would hire her again if given the opportunity. She is a self-starter with a high level of understanding of all municipal finance roles and responsibilities. Brenda was often the go-to person for anything from gathering data to detailed analysis. We were lucky to have such a qualified candidate! RECOMMENDED ACTION: Staff recommends Approval of the Finance Director Employment Agreement between the City of Little Canada and Brenda Malinowski. STAFF REPORT TO:Mayor Keis and Members of City Council FROM:Chris Heineman, City Administrator DATE:February 13, 2019 RE:AFSA Development Agreement ACTION TO BE CONSIDERED: The City Council is asked to Consider Approval of a Development Agreement and PILOT Agreement between the City of Little Canada and AFSA Building Company related to the use of 2925 Country Drive as a Charter School. BACKGROUND: On September 12th, 2018, the City Council recommended approval of a Planned Unit Development at 2925 Country Drive to allow for a charter school to be permitted in the PUD District. RESOLUTION 2018-9-178 APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT AT 2925 COUNTRY DRIVE TO ALLOW FOR A CHARTER SCHOOL TO BE A PERMITTED USE IN THE PUD DISTRICT, AND DIRECTING CITY STAFF TO PREPARE AN ORDINANCE WITH A TEXT AMENDMENT TO ESTABLISH A SPECIAL PUD DISTRICT WITH THE FOLLOWING CONDITIONS: At the City’s sole discretion, if it is determined that the site plan as presented does not operate in the manner as described and backups or significant traffic impacts on Country Drive at the access points, the Property Owner will be required to make modifications to site layout that are considered satisfactory to the City which could result in improvements on Country Drive. Potential layout options may include the addition of a turn lane or bypass lane at the cost of the owner. Allow daytime parking of 1-2 buses A permanent play area location and permanent fencing be finalized by Fall 2021 Install a fence height of 6 ½ feet on the west property line before the start of the 2019 school year The applicant must sign a 60-day rule waiver (completed 9/12/18) Follow the submitted traffic study recommendations Hours and days of operation of the school shall conform to the State of Minnesota Department of Education requirements The City Council subsequently approved Ordinance 833 to establish Special PUD District G which allows for a charter School at 2925 Country Drive. The ordinance language was subject to the execution of a Development Agreement and Payment in Lieu of Taxes (PILOT) agreement between the City and AFSA Building Company, a Minnesota Non-Profit Corporation. The Development Agreement and Payment in Lieu of Taxes (PILOT) Agreement have been prepared by City Attorney Chad Lemmons and have included all of the conditions of Resolution 2018-9-178 and Ordinance 833. The PILOT Agreement has also been incorporated as Article XII of the Development Agreement. While the Development Agreement and PILOT Agreement serve separate purposes, AFSA has requested that they be incorporated into a single master agreement. The Development Agreement and PILOT Agreement have been reviewed by City staff and Attorney Jay Squires representing AFSA Building Company. A final version of the Agreement will be sent out prior to Wednesday’s meeting. RECOMMENDED ACTION: Staff recommends City Council approval of a Development Agreement and PILOT Agreement between the City of Little Canada and AFSA Building Company. 1 DEVELOPMENT AGREEMENT THIS AGREEMENT made this _____ day of February, 2019, is by and between the City of Little Canada, whose primary address is 515 Little Canada Road East, Little Canada, Minnesota 55117, a municipal corporation organized under the laws of the State of Minnesota, (the “City”), and AFSA Building Company, a Minnesota Non-Profit Corporation, whose primary address is 100 Vadnais Blvd.; Vadnais Heights, MN 55127 (“AFSA”). WITNESSETH: RECITALS WHEREAS, AFSA is the owner of real property located at 2925 Country Drive, City of Little Canada, County of Ramsey, State of Minnesota, legally described as follows to wit: See Attached Exhibit A (“Property”); and WHEREAS, the City Council by resolution has terminated a pre-existing Development Agreement encumbering the Property, which agreement was between the City and RAB, LLC dated July 21, 1999 (as amended), contingent on the execution of this Agreement WHEREAS, the Property was previously used as an office building, and is being converted to a charter school use for grades pre-k through 8; and WHEREAS, Resolution 2018-10-207 approved an amendment to Ordinance 833 for the purpose of establishing a special PUD District G which would allow charter school, office and office warehouse uses at the Property; and WHEREAS, Minnesota Statute § 462.358 authorizes the City to enter into a Development Agreement; and NOW THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Development Agreement, as the same may be from time to time modified, amended or supplemented. 2 "Articles and Sections" mentioned by number only are the respective Articles and Sections of this Agreement so numbered. "Certificate of Completion" means the certification provided to AFSA upon satisfactory completion of the Improvements. "City" means the City of Little Canada, Minnesota. "AFSA’s Improvements" means those improvements to or serving the Property to be performed by the AFSA, as more fully set forth under this Agreement. "Event of Default" shall have the meaning set forth in of this Agreement. "Improvements" means the site preparation, grading, landscaping, and fence installation, in accordance with the approved Site Plans and Fence Plans described in Section 3.2 of this Agreement. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes Sections 116B.01 et seq., as amended. "Parties" means AFSA and the City. "Site Plans" means the plans, specifications, drawings and related documents prepared for all construction work to be performed by AFSA on the Property, including all on-site improvements to be performed, installed or constructed upon the Property, pursuant to this Agreement. Such plans shall, at a minimum, include the level of detail required for issuance of building permits by the City. "State" means the State of Minnesota. "Unavoidable Delays" means delays, outside of the control of the Party claiming its occurrence, which are the direct result of strikes, other labor troubles, material shortages, unusually severe or prolonged bad weather, Acts of God, fire or other casualty to the Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, or any other similar causes. ARTICLE II Representations And Warranties Section 2.1. Representations and Warranties by the City. The City represents and warrants that: 3 (a) The City is a public body politic and corporate under the laws of the State of Minnesota, has the power to enter into this Agreement and to carry out its obligations hereunder. Section 2.2. Representations and Warranties by the AFSA. The AFSA represents and warrants that: (a) AFSA is a non-profit corporation duly organized and authorized to transact business in the State, is not in violation of any provisions of its corporation or the laws of the State, has the power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of the corporation. (b) AFSA will make certain modifications to the site in accordance with the terms of this Agreement, and all local and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) It is the intent and understanding of the parties that AFSA intends to operate a charter school for grades pre-k through 8 upon the Property. (d) AFSA has received no notice or communication from any local, state or federal official that the proposed activities of AFSA may be or will be in violation of any environmental law or regulation. AFSA is aware of no violation of any local, state or federal environmental law, regulation or review procedure, or of any facts which would give any person a valid claim under the Minnesota Environmental Rights Act. (e) AFSA will use its best efforts to construct the Improvements in accordance with all local, state or federal energy conservation laws or regulations. (f) AFSA will obtain, in a timely manner, all required permits, licenses and approvals, and meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. (g) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in a breach of the terms, conditions or provisions of any evidence of indebtedness, agreement or instrument of whatever nature to which AFSA is now a party or by which it is bound, or will constitute a default under any of the foregoing. (h) AFSA shall provide to the City, upon execution of this Agreement and prior to the commencement any site improvements as set forth in the Site Plan, proof of financing in an amount and from a source found sufficient by the City to assure AFSA's ability to construct the site improvements contemplated by this Agreement. 4 ARTICLE III Construction Of Improvements Section 3.1. Construction of Site Plan Improvements. That AFSA will construct Improvements to the site in accordance with the approved Site Plans and at all times during the term of this Agreement will operate and maintain, preserve and keep the Improvements or cause the Improvements to be operated, maintained, preserved and kept in good repair and condition. Section 3.2. Site Plans. (a) AFSA shall cause to be constructed at its own cost all improvements appearing on the Site Plan to be submitted to the City. It is hereby understood by AFSA that no construction will commence until the City has approved the Site Plan. A copy of said Site Plan shall be attached hereto and incorporated as Exhibit B. (b) AFSA shall have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from Site Plan approval. AFSA agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of AFSA, or their agents or contractors. Until all of AFSA’s obligations under this Agreement are fulfilled, AFSA shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $1,000,000 for one person and $2,000,000 for each occurrence. Limits for property damage shall not be less than $2,000,000 for each occurrence. The City shall be named as an additional named insured on said policy, and AFSA shall file a copy of the insurance coverage with the City prior to the commencement of the Required Improvements. The insurance policy obtained by AFSA is subject to City approval. The Site Plan shall specifically address the impacts of use of the Property as a charter school and the effects said use shall have on the traffic flow on Country Drive. If the City, determines, in its reasonable discretion, that AFSA’s use of the Property results in significant adverse impacts on traffic, then it may require AFSA to undertake a study of the traffic and submit plans which resolves said traffic problems. This may include but not be limited to the addition of a turn lane, or by-pass lane, which lane shall be constructed at the sole expense at AFSA. AFSA will promptly complete any required study. AFSA, in addition to the Site Plan shall present plans for the construction of a Play Area. AFSA shall submit said plans and a construction time table which will provide for completion of the Play Area by September 1, 2021, subject to Unavoidable Delays . The City reserves the right at its own discretion to approve or disapprove said Play Area plans. 5 Subject to Unavoidable Delays. AFSA shall construct no later than October 1, 2019 a fence on the western side of the site. The plans and specifications of said fence shall be approved by the City prior to construction and the City reserves the right to approve or disapprove said plans in its reasonable discretion. (c) This Agreement cannot be assigned or transferred without prior written approval of the City. (d) Any breach of the terms of this Agreement by the AFSA shall be grounds for denial of the issuance of any building permit. (e) There is no intent to benefit any third parties and third parties shall have no recourse against the City under this Agreement. (f) AFSA shall reimburse the City for all costs incurred by the City in defense or enforcement of this Agreement due to actions or inactions of AFSA including court costs and reasonable engineering and attorneys’ fees. (g) If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. (h) It is agreed that the City has the right, privilege and authority as a condition precedent to the approval of the plans and specifications and approval of Site Plans, to prescribe design requirements for any Improvements within the Site Plan. (i) The provisions of this Section relating to approval, rejection and resubmission of corrected Site Plans shall continue to apply until the Site Plans have been approved by the City. Approval of the Site Plans by the City shall not relieve AFSA of any obligation to comply with the terms and provisions of this Agreement or the provisions of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Site Plans by the City be deemed to constitute a waiver of any Event of Default. The Site Plans shall be deemed approved by the City unless rejected in writing within thirty (30) days after receipt from AFSA by the City with a statement of the City's reasons for such rejection. (j) If AFSA desires to make any material change in the Site Plans after their approval by the City, AFSA shall submit the proposed change, in writing, to the City for its approval. If the Site Plans, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the AFSA in writing of its approval. Section 3.3. Commencement and Completion of Construction. AFSA will provide a schedule in writing outlining in detail the proposed schedule which must be approved prior to the 6 start of construction. Subject to Unavoidable Delays, and contingent upon AFSA securing adequate financing, AFSA shall commence construction of the Improvements by June 1, 2019. Subject to Unavoidable Delays, AFSA shall have substantially completed the construction of the Improvements within 180 days following the actual commencement of construction, unless amended by the parties. Appropriate extensions of time for completion shall be made for time lost as a result of Unavoidable Delays or other factors approved by the City; provided that within twenty (20) days after the occurrence of an Unavoidable Delay or other factor, AFSA shall have notified the City in writing of such occurrence. Until construction of the Improvements has been completed, AFSA shall make reports to the City, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of AFSA with respect to construction of the Improvements. AFSA shall allow designated representatives of the City to enter upon the Property during the construction of the Improvements to inspect such construction. Section 3.4. Certificate of Completion. (a) Promptly after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of AFSA to construct the Improvements (including the dates for beginning and completion thereof), and upon approval of the Improvements by the City, the City will furnish AFSA with an appropriate instrument so certifying (the Certificate of Completion). Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of AFSA and its successors and assigns, to construct the Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the City to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by AFSA, provide AFSA with a written statement, indicating in detail in what respects AFSA has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for AFSA to take or perform in order to obtain such certification. ARTICLE IV Use Covenant AFSA’s use and enjoyment of the Property shall be subject to the following covenants, conditions and restrictions. 7 Section 4.1. Restrictions of Use. AFSA agrees for itself, its assigns and every successor and interest to the Property or any part thereof that AFSA and such successors and assigns shall be bound to the condition of use in this section in its operation of a charter school at the site. The school calendar shall conform to the provisions of state law., as amended from time to time. The school week shall be Monday through Friday and it shall exclude those days on which the school is formally closed for national holidays or other reasons established by the school. Students shall only be allowed on the Property during school days, except if their presence is for an extracurricular activity or event sponsored by the school. On any school day no student shall be allowed on the Property prior to 6 a.m. shall vacate the Property by 6 p.m. except if presence is due to extracurricular activities or events sponsored by the school. With the exception of buses parked temporarily for the purpose of dropping off and picking up students, no more than two buses shall be parked on the property. ARTICLE V Performance Guarantees Section 6.1. AFSA’a Improvements. AFSA will fully and faithfully comply with all terms and conditions of any and all contracts entered into by AFSA for the installation of the construction of all improvements identified on the Site Plan. ARTICLE VI Recording And Release AFSA agrees that the terms of this Agreement shall be a covenant on any and all property included in the Subdivision. AFSA agrees that the City shall have the right to record a copy of this Agreement with the Ramsey County Recorder to give notice to future purchasers and owners. This shall be recorded against the Property and Subdivision described on Page 1 hereof. ARTICLE VII Reimbursement Of Costs AFSA agrees to fully reimburse the City for all costs incurred by the City in connection with this Agreement including, but not limited to, engineering fees, legal fees, inspection fees, interest costs, and any other costs incurred by the City relating to this Agreement and the installation of the aforementioned improvements. 8 ARTICLE VIII Building Permits And Certificates Of Occupancy No Certificate of Occupancy permit shall be issued until all improvements as set forth in the Site Plan have been completed and approved by the Building City Official. The City Building Official may issue a stop work order for any violations relating to silt fencing, erosion control or tree protection. ARTICLE IX Prohibitions Against Assignment And Transfer; Indemnification Section 9.1. Release and Indemnification Covenants. (a) AFSA releases from and covenants and agrees that the City, and the governing body members, officers, agents, servants and employees thereof shall not be liable for, and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof, against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Improvements or AFSA’s Improvements. (b) Except for any willful misrepresentation or any negligent, willful or wanton misconduct of the following named parties, AFSA agrees to protect and defend the City, and the governing body members, officers, agents, servants and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Improvements or AFSA's Improvements and provided that such proceeding is based upon the acts of AFSA or of others acting on behalf or under the direction or control of AFSA. (c) The City, and the governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of AFSA, or its officers, agents, servants or employees or any other person who may be about the Property due to any act of negligence of any person, excluding the negligent acts or misconduct of the City, its agents or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. 9 ARTICLE X Events of Default Section 10.1. Events of Default Defined. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by AFSA to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in this Agreement occurs, the City may take any one or more of the following actions after provision of thirty (30) days written notice to AFSA by the City of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default cannot be cured within thirty (30) days, AFSA does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) Withhold the Certificate of Completion. (b)Refuse to issue a Certificate of Occupancy for the Property until such time as such default has been inspected and corrected to the satisfaction of the City. (c)Perform the work of AFSA and AFSA shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding any cash deposit, certified check, letter of credit, or any other form of Performance Guarantee of the AFSA. (d) Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of AFSA under this Agreement and shall be entitled to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Additional Waiver Implied by One Waiver. In the event any agreement should be breached by AFSA and thereafter waived by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 10 ARTICLE XI Additional Provisions Section 11.1. Incorporation by Reference. All City approved plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein. Section 11.2. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the addresses hereinbefore set forth on Page 1, or at such other address with respect to either such Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 11.3. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 11.4. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. Section 11.5. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems this Agreement un- recordable, AFSA shall cooperate with the City in the execution or amendment of any revised development agreement. Section 11.6. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Section 11.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 11.8. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Section 11.9. Time of Performance. AFSA shall install all required improvements in accordance with the timetables set forth in this Development Agreement. AFSA may, however, request in writing an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by AFSA to reflect cost increases, if any, and the extended completion date. 11 Section 11.10. Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Premises, or any contract, agreement or other transaction contemplated to occur or be undertaken hereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Property Owner or successor or on any obligations under the terms of this Agreement. Section 11.11. Required Notices to the City. AFSA shall submit required notices to the City in writing and shall either be hand delivered or mailed by certified mail in care of the City Administrator to the following address: City of Little Canada 515 Little Canada Road East, Little Canada, Minnesota 55117 Section 11.12. Required Notices to AFSA. Required notices to AFSA shall be in writing and shall either be hand delivered or mailed by certified mail to the following address: AFSA Building Company 100 Vadnais Blvd. Vadnais Heights, MN 55127 ARTICLE XII Payment in Lieu of Taxes Section 12.1. Under Ordinance 833, AFSA is obligated to enter an agreement with the City to provide for a payment in lieu of taxes in recognition of the financial impact tax exempt status of the Exhibit A Property would have on the City. This Agreement, and specifically this Article, are intended to satisfy that obligation. There shall, as against the City, be no third party beneficiaries to the terms of this Article XII. The City does not intend that any party other than the property owner shall have, as alleged third party beneficiary or otherwise, any rights or interests hereunder as against the City, and no such other party shall have standing to complain of the City’s exercise of, or alleged failure to exercise, its rights and obligations, or of the City’s performance or alleged lack thereof, under this Agreement. Section 12.2. PILOT Payment. In tax years in which the Exhibit A Property is tax- exempt, and no ad valorem taxes are paid, AFSA agrees to pay to the City a PILOT payment calculated by the formula contained in Exhibit C. Section 12.3. Payment Dates. Payments shall be made on May 1 and October 1 (one- half of the years PILOT payment on each date) in years in which the Exhibit A Property is tax- exempt and no ad valorem taxes are collected. Late payments shall accrue interest at the rate set 12 forth in Minn. Stat. § 549.09. For the purpose of this Article XII, “Event of Default” shall mean any one or more of the following events: (a) Failure by the Property Owner to timely pay any Pilot Payment to the City on the Payment Date; or (b) Failure of the Property Owner to observe or perform any other covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. Section 12.4. Binding Effect. The obligation to make the PILOT Payment established by this section shall be binding on future owners to the extent the Property remains tax-exempt. The City shall have all remedies against further owners that it has against AFSA hereunder. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and AFSA has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. AFSA BUILDING COMPANY, a Non-Profit Corporation By:________________________________ Its:______________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this _____ day of _____________________, 2019, before me, a Notary Public within and for said County, personally appeared ___________________________ to me known to be the _____________________ of AFSA Building Company, a Non-Profit Corporation, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said company. Notary Public ***** 13 City of Little Canada, a Minnesota Municipality By:________________________________ John T. Keis, Mayor By:__________________________________ Christopher Heineman, City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this _____ day of ________________________, 2019, before me, a Notary Public within and for said County, personally appeared _______________ and ______________, to me known to be respectively the Mayor and City Clerk of the City of Little Canada, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kelly and Lemmons, P.A. Chad D. Lemmons MN#125039 2350 Wycliff Street; Suite 200 St. Paul, MN 55114 Telephone: 651-224-3781 Facsimile: 651-223-8019 e-mail: chadlemmons@kellyandlemmons.com 14 EXHIBIT A LEGAL DESCRIPTION The real property situated in Ramsey County, Minnesota, described as follows: Lot 2 Block 1, Country Side Terrace A2.1PROPOSEDSITE PLANProposed Development for:AFSA SCHOOL2925 Country DriveLittle Canada,/Volumes/Shared Items/Projects/2018-05 - AFSA School/Production 2018-05/AFSA Site & Building v2019.vwxNOT FORCONSTRUCTIONISSUELunning Wende Associates, Inc.275 East Fourth Street, Suite 620Saint Paul, MN 55101p:651.221.0915MinnesotaREVISION9/10/18REVISED SITE PLAN12131415161718191234567891011SCHOOL BUILDINGFENCEDPLAYGROUND15,200 S.F.FENCEDPLAYGROUND2,450 S.F.STAFF PARKINGFLOATING STAFF PARKINGFLOATING STAFF PARKINGBUS PICK UP AND STAGINGSTAFF PARKINGMODIFY EXISTING ISLAND AS REQUIRED FOR TURNING RADIUSTOTAL PARKING86 STALLS12345678910111213141516171819202122232425262712345678910111213141516171819202112345678910111213141516171819FIRE DEPT. CONNECTION6' GATE12' GATE12' GATECLOSE OFF EXISTING DRIVE74'-0" +/-22'-0"22'-0"22'-0"22'-0"20'-0"9'-0" TYP.20'-0" TYP.8'-0"8'-0"9'-0"8' x 40' BUSVANVANPROPOSED SITE PLANScale: 1" = 20'-0"4A2.110/18/19 EXHIBIT B 16 EXHIBIT C CALCULATION FORMULA Estimated Market Value of the Property (land & buildings) without exemption (Full Value) multiplied by Commercial Property Class Rates yields Tax Capacity. Tax Capacity multiplied by Little Canada’s City Tax Rate for the year payment is to be made = City Tax at Full Value (w/o Exemption) In the event that the State of Minnesota Property Tax Laws are modified between the execution of this agreement and its discontinuance, then best efforts shall be used to calculate impact based upon the correlations between the 2018 and future data. Sample Calculation Pay 2018 Estimated Market Value $2,588,400 Tax Capacity equals 1.50% of first 150,000 EMV and 2.0% for anything above $150,000 150,000 x 1.5% 2,250 2,588,488 – 150,000 x 2.0% 48,768 Tax Capacity 51,018 x 2018 City Tax Rate 0.26664 PILOT PAYMENT $13,603.44 STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Bill Dircks, Public Works Director DATE: February 7, 2019 RE: Cell Phone Policy ACTION TO BE CONSIDERED: Updating the City’s Cell Phone Policy to reflect the changes in technology and pricing since the original policy was adopted along with adding new language regarding applicable employees, personal phones eligible for reimbursement, and security. BACKGROUND: The City first adopted a cell phone policy in 2012. In the six-plus years since then cell phone technology has changed dramatically. The original plan discussed phone features as extras that are standard features on phones now for no additional cost. The language regarding these features has been stricken. Also, the language regarding who is eligible to use a City-issued phone or use their own phone and get a reimbursement was updated with language from the City of White Bear Lake’s policy. The payment and reimbursement portion of the old policy was complicated and has been changed to include simple dollar amounts instead. Employees wishing to use a City-issued phone for personal use will pay $15 per month and employees using their own phone for City-related business are reimbursed $30 per month. Basically, employees wishing to use the phone for personal use are paying for one- third of the monthly cost of the City’s plan and employees being reimbursed are receiving the equivalent treatment. A section on security was added to reflect the fact that most of the phones are synced with the City network through e-mail. Therefore, phones need to be passcode protected and reported lost immediately. Language was also added regarding the replacement of City-issued phones. They can only be replaced according to the terms of the contract and the City will pay for any available phone up to $250. The employee would be responsible for any amount over the $250. STAFF RECOMMENDATION: Staff recommends approving the updated cell phone policy as presented. City of Little Canada Cell Phone Policy Purpose The purpose of this policy is to provide guidance with regard to who has cell phone privileges, how the phones are paid for, and the City’s expectations of the cell phone users. Care and Use Employees in possession of a City-issued cell phone are required to care for the phone in a responsible manner, and to take appropriate precautions to prevent theft, damage, and vandalism. Employees shall not engage in text messaging or any other phone operations that impair driving while operating a vehicle or any equipment at any time, including non-working hours. Employees Assigned a Cell Phone Applicable Employees Cell phones are an important and necessary tool in the performance of certain employees’ job duties. For those employees who have an approved and valid business purpose the City will provide a cell phone for that employee’s business use. available to any employee who needs one for work duties as determined by the department heads and City Administrator. Employees approved for a cell phone may also use their own phone and be reimbursed by the City. or they can use a phone provided by the City. Temporary and seasonal employees are not eligible for City cell phones or reimbursement. Content Disclaimer Phones paid for in whole or in part by the City are public property and all information relayed through them could be subject to review by others. Employee-owned phones the City reimburses for are also subject to review by others. Generally, public business and information is public, while personal data may be excluded from a request. Personal Use Cell phones assigned by the City may be used for personal calls. Employees will pay a portion of the monthly cost of the phone to gain personal use privileges. Employees who choose to use the work-provided phone for work purposes only will not be charged a monthly fee. Monthly Cost per Employee Each employee will be responsible for one-third of the monthly cost of the phone. Extra Features Employees may add features to their phones such as e-mail, Internet, and unlimited text messaging. Each employee is responsible for any additional costs associated with these extra features unless one or all of these extra features are deemed essential for work functions by the Department Head and City Administrator, in which case the City will pay for the feature. Personal Use During Work Hours While at work, employees are expected to exercise discretion in using cell phones for personal calls. Personal cell phone calls should be kept to a minimum so as not to interfere with employee productivity or distract others. Excessive personal calls during work hours, regardless of the phone used, are unacceptable. Employees using their own cell phones are subject to the same standards and are expected to exercise discretion as well. Payment Cell phones assigned by the City may be used for personal calls. Employees will pay a portion of the monthly cost of the phone to gain personal use privileges. Employees who choose to use the work-provided phone for work purposes only will not be charged a monthly fee. Employees who are paying for a phone provided by the City will have the total amount they owe, including extra features, $15 deducted from their payroll checks once a month. If an employee accrues extra charges that are not regular monthly charges he or she will be responsible for paying those charges by cash or check. If it is a continual occurrence, such as exceeding 400 texts in a month, the employee will be required to enroll in the unlimited text messaging plan due to excessive staff costs associated with tracking the extra charges. Employees who have their own phones that they also use for authorized City-related purposes will be reimbursed at a rate equal to 2/3 of the monthly rate for a City-provided phone $30 per month. For example, if an employee is charged $10 per month for a City- provided phone that costs $30 for basic service (not including extra features – which are paid for by each employee), then an employee using his own phone would be reimbursed $20 per month, or 2/3 of the cost of a City-provided phone. Accessories Equipment Employees who are eligible to receive a City-provided phone may select an iPhone or android device that is currently available from the vendor with a cost of up to $250. The employee is responsible for any cost over $250 should they choose a more expensive phone. Any replacement or upgrade devices must follow the current terms of the contract provided by the City of Little Canada. The City will furnish each City-provided phone user with an approved charger, protective cover, belt clip, and/or face protector at no cost to the employee. Each individual phone user will pay for any additional accessories. Employees who choose to use a personal phone for City-related business and receive reimbursement are responsible for all costs associated with the cellular telephone plan they choose. For example, lost or stolen phones, phones that break or quit working, plan penalties, replacement phones, activation fees, excess charges, text messaging, data tethering, insurance, etc. are all the sole responsibility of the employee. City-provided Phone Damages Care and Use Employees in possession of a City-issued cell phone are required to care for the phone in a responsible manner, and to take appropriate precautions to prevent theft, damage, and vandalism. Employees shall not engage in text messaging or any other phone operations that impair driving while operating a vehicle or any equipment at any time, including non-working hours and shall also follow Minnesota State Law regarding cell phone use in a vehicle or equipment. City-provided cell phones that are broken, damaged, or lost during the course of regular work duties will be replaced at the City’s expense. City-provided phones damaged or lost due to carelessness will be replaced at the employee’s expense if it happens within one year of the purchase of the phone. The phone can be replaced for free after one year under the provisions of the contract with the provider. Security Security is of particular importance with smartphone technology, as each device is a point of access to the city. Employees whose phones are synced to the city’s network are required to be passcode protected and employees must immediately report the loss of their phone, whether it is a city-issued phone or personal phone. The city retains the right to have the cell phone service for city-owned phones disconnected at any time. STAFF REPORT TO: Mayor Keis and Members of City Council FROM: Heidi Heller, City Clerk DATE: February 13, 2019 RE: Ordinance 834, Amending Fee Schedule BACKGROUND: In 2017, the Council approved a five-year trash and recycling contract which included annual rate increases. The proposed Ordinance 834 amends the Fee Schedule by increasing the rates for 2019 Trash & Recycling, Water Meters and Old Fire Hall rentals, along with simplifying the Old Fire Hall rental rate language, changing a word for History Video to History DVD, and adding a fee for History Center mugs. STAFF RECOMMENDATION: Adopt Ordinance 834, Amending the Trash & Recycling rates, Water Meter rates, Old Fire Hall rental rates and language, and Miscellaneous Fees for 2019. CITY OF LITTLE CANADA RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 834 AN ORDINANCE AMENDING THE FEE/RATE SCHEDULE FOR THE CITY OF LITTLE CANADA RELATIVE TO TRASH & RECYCLING RATES, WATER METERS, OLD FIRE HALL RENTAL RATES AND MISCELLANEOUS FEES The City Council of the City of Little Canada hereby ordains: Section 1. The City of Little Canada Municipal Code is hereby amended to update the City’s Fee Schedule increasing Trash & Recycling rates, Water Meter rates, Old Fire Hall Rental rates, and Miscellaneous Fees as attached hereto in Exhibit A. Section 2. This ordinance shall take effect and be in full force from and after its passage and publication. Adopted this 13th day of February, 2019 By: _________________________________ John T. Keis, Mayor Attest: ___________________________________ Christopher Heineman, City Administrator AYES: NAYS: Published February 19, 2019 EXHIBIT A FEE SCHEDULE AMENDMENT TRASH & RECYCLING RATES 30 Gallon 60 Gallon 90 Gallon Up to 360 Gallons Disposal Fee ($/ton) $3.03 3.21 $4.75 5.04 $7.13 7.57 $9.50 10.09 Collection Fee* $5.95 6.06 $6.35 6.47 $6.52 6.64 $6.52 6.64 Single Sort Recycling** $6.51 6.64 $6.51 6.64 $6.51 6.64 $6.51 6.64 Subtotal $15.49 $17.61 $20.16 $22.53 Fuel Surcharge N/A N/A N/A N/A Total Monthly Rate Before Taxes $15.49 15.91 $17.61 18.15 $20.16 20.85 $22.53 23.37 *Includes the collection of bulky items **$.75 retained by City for Recycling Services Yard Waste $56.00 69.00/seasonal rate PLUMBING PERMIT FEES Water Meter $362.00 376.00– ¾” for single family homes $425.00 449.00– 1” for lawn sprinkler systems >1” – Current price charged by supplier Miscellaneous Fees History Video DVD ($5 extra for mailing) $15.00 History Center Mug $10.00 Rental Fees – Old Fire Hall $350 deposit required $91 100.00 - Up to 4 Hours (Mon-Thur) $91 100.00– Up to 4 Hours (8am-6pm, F-Sun, Hol) $180 – Up to 4 Hours (6pm-12am, F-Sun, Hol) $150 – Over 4 Hours (M-Th) $180 – Over 4 Hours (F-Sun & Holidays) STAFF REPORT TO: Mayor Keis and Members of the City Council FROM: Bryce Shearen, Parks & Recreation/Community Services Manager DATE: February 8, 2019 RE: Control and Management of Parks and Park Facilities BACKGROUND: After a review of the current Control and Management of Parks and Park Facilities Ordinance in the Municipal Code, it was found to be in need of a revision with multiple changes to bring it up- to-date and use language that is easy to understand for our park and facility users. Within the current ordinance, there was a lot of redundant language, outdated language, and language that was covered by other ordinances or State law. Staff completed a survey of many of the communities in the metro area to see what language other cities parks and recreation ordinances were using. After a thorough review by multiple staff members and multiple changes in the effort to modernize the ordinance language by staff, attached are the proposed ordinance amendments for your consideration. The proposed changes were presented to the Parks & Recreation Commission at their meeting on Thursday, February 7, 2019. The Commission reviewed and discussed the changes. The Commission made a motion to approve the changes and recommend approval and adoption by the City Council. Attached are the proposed changes for City Code Chapter 2601 – Control and Management of Parks and Park Facilities. REQUESTED ACTION: Staff recommends approval and adoption Ordinance 835, Amendments to Chapter 2601 - Control and Management of Parks and Park Facilities, and approve publication of the attached summary ordinance. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. ATTACHMENTS: • Summary Ordinance 835 • Proposed Ordinance 835, Amending City Code Chapter 2601 – Control and Management of Parks and Park Facilities – Revisions Shown • Ordinance 835 – Proposed Final Version CITY OF LITTLE CANADA ORDINANCE NO. 835 AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER 2601, CONTROL AND MANAGEMENT OF PARKS AND PARK FACILITIES THE CITY COUNCIL OF THE CITY OF LITTLE CANADA, MINNESOTA ORDAINS: Chapter 2601 is amended as follows: Section 1 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The purpose of this ordinance is to amend the City Municipal Code – 2601 Control and Management of Parks and Park Facilities, with updated language and deletions of redundant language and language that is covered under other City ordinances or by State Law. This ordinance subjects those users to local regulations by the City to manage their control and management of Parks and Park Facilities. Section 2 Effective Date: This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of Little Canada this 13th day of February, 2019. CITY OF LITTLE CANADA BY: John T. Keis, Mayor ATTEST: BY: Christopher Heineman, City Administrator 1 CITY OF LITTLE CANADA RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 835 AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER 2601, CONTROL AND MANAGEMENT OF PARKS AND PARK FACILITIES The City Council of the City of Little Canada, Ramsey County, Minnesota does hereby ordain: SECTION 1. The City Council of the City of Little Canada hereby amends Chapter 2601 of the Little Canada Municipal Code by adding the underlined material and deleting the stricken material as follows: 2601. CONTROL AND MANAGEMENT OF PARKS AND PARK FACILITIES 2601.010. DEFINITIONS. 1. "Council" shall mean and refer to the Little Canada City Council. 2. "Director" shall mean and refer to the Director of Parks - that person authorized by the City Council to direct the Parks Commission. 2. "Parks" shall mean a park, playground, trail, nature area, recreation center, special use facility area or any other areas in the City owned, leased, used or controlled, wholly in part, by the City for such purposes as are designated by the Council as and for park use. 3. "Person" shall mean and refer to any individual, firm, partnership, corporation and association or persons. 4. "Commission" shall mean the Little Canada Parks Commission. 5.4. "Waters" shall mean and refer to any lake, pond, river, stream or other body of water located wholly within the boundaries of Little Canada, including those waters lying within 300 feet and immediately abutting such shoreline. 6.5. "Law enforcement officer" shall mean and refer to any person duly deputized or commissioned by the City or County for the purpose of enforcing the laws, ordinances and regulations of their respective jurisdictions. 2601.020. CONSTRUCTION AND SCOPE. In the interpretation of this Ordinance, all provisions contained herein shall be construed as follows: 1. Any term in the singular shall also mean the plural. 2. Any term in the masculine shall also mean the feminine and neuter. 2 3. Any requirement or prohibition by any provisions herein, shall respectively extend to and include the causing, procuring, aiding or abetting, directly or indirectly, of such acts; and the permitting or allowing of any minor by the responsible parent, guardian or custodian to commit any such act. 4. No provisions herein shall make unlawful any act necessarily performed by any law enforcement officer or City employee in the line of duty or work as such, or by any person, his agents or employees, in the proper and necessary execution of the terms of any contract or agreement with the City. 5. Any act otherwise prohibited by this Ordinance, provided it is not otherwise prohibited by statute shall be lawful if performed under, by virtue of and strictly within the provisions of a City permit to do so, and to the extent authorized thereby. 2601.030. HOURS AND ACCESS. 1. The recreation and education opportunities of the park shall be available to all members of the public regardless of race, sex, age, creed, national origin or place of residency. 1. Regular park hours are The parks shall be open to the public from 6:00 a.m. to 10:00 p.m. one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset. No person or vehicle shall remain, stop, use, or be present within the confines of any park at any other time. An exception to this shall apply to the tennis courts which shall remain open until 10 p.m. Other exceptions may be made at the discretion of the City in the case of emergency or when special use permits have been authorized or for other reasons the City may determine necessary or desirable. 3. Any section or part of any park may be declared closed to the public by the City at any time or for any interval of time, either temporarily or at regular and stated intervals, and either entirely or for certain uses as the City shall find necessary. 2601.040. PERMITS. Permits shall be required for the exclusive use of all or portions of specific areas, buildings and other park facilities; and for conducting special events of a cultural, educational, political, religious or recreational nature; and for specific exemption from any provision of this Ordinance. Any person, group or association of persons required to obtain a permit shall file an application for such permit with the City Administrator. The grantee of a permit shall be bound by this Ordinance and any applicable regulations in force as though the same were inserted in said permit. The grantee of a permit shall be liable for any loss, damage, or injury sustained by the park or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. The grantee of a permit shall not transfer or relinquish said permit to another person or group of persons without the written permission of the City. The City shall have the authority to revoke a permit upon evidence of good cause. No person shall in any manner disturb, harass, or interfere with the grantee of a valid permit, 3 nor with any of the grantee's property or equipment. Permits for shelter reservations shall be subject to the additional rules and guidelines as referenced in the Park Shelter Rental Guidelines document. 2601.050. SPECIAL ACTIVITIES. 1. Picnicking. No person shall picnic in any park except in those areas specifically designated and equipped for such use. 1. Swimming. a. No person shall bath bathe, wade or swim in any park except in such areas specifically designated for such use. , and only at such times when a lifeguard is on duty. b. No person shall bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety. c. No person using park waters shall swim outside of the marked area. d. No person shall possess, carry onto, or scatter on any beach, any glass bottle, broken glass, metal can, or other debris which could be a safety hazard. e. No person shall use any beach area for purposes of picnicking. f. No person being in custody of any animal shall permit said animal to enter any beach area during the swimming season so established by the City. g. No person shall launch, dock or operate any watercraft in any designated swimming area. 2. Fishing. a. No person shall fish in a reckless or careless manner so as to create a nuisance or to endanger the safety of said person, or other fishermen, or park users. b. No person shall cut a hole in the ice of any park waters except where ice fishing is specifically permitted and then only when said hole is less than ten (10) inches in diameter. c. No person shall erect a permanent or portable ice fishing shelter on any park waters without the written permission of the City. d. No person shall move an ice fishing shelter onto or off of the ice from any park site except from access points so designated by the City, and then only when said shelter and placement is to be in accordance with Chapter 101, Minnesota Statutes 1974, as amended. 4 3. Bicycling. a. No person shall ride or operate a bicycle in any park except on designated bikeways or surfaces normally provided for vehicular traffic. b. No person shall ride or operate a bicycle in violation of Chapter 169, Minnesota Statutes 1974, as amended. Persons riding a bicycle shall observe and obey all traffic and directional signs. c. No person shall ride or operate a bicycle in any park except in a prudent and careful manner, and unless such person shall be capable of effective control and operation of said vehicle. Pedestrians and motorized vehicles shall have the right-of-way where a bikeway intersects pedestrian trails or roadways. d. No person shall ride or operate a bicycle in any park faster than is reasonable and safe with regard to the safety of the operator and other persons in the immediate area. e. No person shall ride or operate a bicycle in any park thirty (30) minutes after sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting. f. All bicycle riders shall remain in single file and proceed in the extreme right hand lane of a drive or bikeway at all times except when passing another vehicle or bicyclist parked or traveling in the same direction. a. No person shall ride or operate a bicycle in violation of M.S. Ch. 169, as amended from time to time. Persons riding a bicycle shall observe and obey all traffic and directional signs. b. Wherever provided, bicycles shall be parked in locations set aside specifically for their storage. 4. Winter Activities. a. Skating, sledding, cross-country skiing are permitted in parks No person shall snowmobile, skate, toboggan, sled, or ski in any park except at such times and in such areas specifically designated for such use. 5. Snowmobiling. a. No person shall operate a snowmobile in any park, on any public trail, or lake surface under the jurisdiction of the City. except in areas and on trails and lakes specifically designated for such use. b. No person shall operate a snowmobile in any park, on any public trail, or lake surface under the jurisdiction of the City contrary to or in violation of Section 84.81 to 84.90, Minnesota Statutes 1974, as amended and the Regulations of the Commissioner of Natural Resources N.R. 51 to 59, as amended. 5 c. No person shall operate a snowmobile at a speed in excess of limits specifically posted for such use or at a speed in excess of fifteen (15) miles per hour within 150 feet of any sliding area, ski tow area or other areas where such operation would conflict with or endanger other persons or property. d. No person shall operate a snowmobile within 150 feet of any residential shoreline on sanctioned lakes in Ramsey County except at a speed fifteen (15) miles per hour or less for purpose of parking such vehicles near the shoreline. e. No person shall operate a snowmobile so as to tow any person, sled or other conveyance except by the use of a rigid tow bar attached to the rear of such snowmobile. Disabled snowmobiles shall be exempt. f. No person shall operate a snowmobile unless such vehicle is equipped with a head light and tail light that are illuminated at all times during such operation. Snowmobiles equipped with an engine of five (5) horsepower or less shall be exempt. g. No person shall operate a snowmobile unless such vehicle is equipped with a red or blaze orange pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway. 7. Motorized Recreation Vehicle. No person shall operate a motorized vehicle within any park except in such areas specifically designated for such use. No person shall operate a non-licensed vehicle on any parkway or other roadway within a park. 6. Equestrian. a. No person shall ride or drive a horse in any park unless authorized by the City. except in areas, and on bridle paths, trails and roadways specifically designated for such use. b. No person shall ride or drive a horse in any park between the time of thirty (30) minutes after sunset and thirty (30) minutes before sunrise, unless horse drawn vehicles are adequately lighted. c. No person shall ride or drive any horse which cannot be held under such control that it may be easily turned or stopped. No person who is a beginner shall ride or drive a horse in any park unless accompanied by capable supervision. d. No person shall ride or drive a horse in a reckless or careless manner so as to create a nuisance or to endanger the safety or property of said rider or other riders, pedestrians, or vehicles. 6 e. No person shall permit any horse to stray unattended or graze in any park. All unbridled, unmounted or unattended horses shall be securely hitched or corralled at locations specifically designated and provided for such purposes. 7. Camping. a. No person shall establish or maintain any camp or other temporary lodging or sleeping place in any park except by permit and then only in areas specifically designated for such use. b. No person shall camp for a period longer than that authorized by the permit. c. All garbage or refuse of any kind shall be placed in receptacles provided for that purpose. d. No person shall install permanent camp facilities or physically alter the camp site. e. No person shall wash cooking and eating utensils, or clean fish except at locations designated for such use. f. No person shall cut or gather wood in any park for fuel other than that provided by the City and stored for such use. g. No person shall desert a camp site until the site is completely razed and is thoroughly cleaned. 2601.060. GENERAL CONDUCT. 1. Damage to Property a. No person shall injure, damage, deface, destroy, diminish or impair the value of any public or private property located within any public park in the city, including, but not limited to, buildings, structures, signs, trees, shrubs, or vegetation. 1. Defacement, Destruction of Property and Resources a. No person shall tamper with, climb on, injure, deface, destroy, disturb, damage or remove any part of any park building, structure, sign, light pole, drinking fountain, hydrant, table, grill, equipment, statue or other property found therein. b. No person shall deface, disturb or remove in any manner any soil, artifact, fossil, rock or other mineral resource. c. No person shall excavate any ditch, trench, tunnel, or hole in any park. 7 2. Preservation of Vegetation a. No person shall injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree, shrub, or any plant whether wild or cultivated, or any part thereof. b. No person shall plant or cause to be planted any wild, cultivated or exotic tree, shrub or plant except in specifically designated areas with the written permission of the City. c. No person shall fell or climb any tree; pick any flowers, fruit or vegetable (not self-grown); trample any flowers, tree seedlings, flower beds, vegetable gardens or new turf seedlings. d. No person shall hitch any animal or fasten, anchor or otherwise attach any wire, rope, cable, signs, posters, or other articles to any tree, shrub or plant. e. No person shall make any unauthorized use of any park which is detrimental to the turf and soil conditions. f. No person shall remove any device, apparatus or material installed for the protection, support, or preservation of any tree, shrub or plant. 2. Animals. a. No person shall intentionally disturb, frighten, or kill any birds, wildlife, or animals kept or found in any park. owning, being in custody, or having control of any animal, whether wild, pet or domestic, shall cause or allow such animal to roam or be at large in any park. b. No person in custody of any pet or animal shall allow said animal to disturb, harass or interfere with other park users or their property. All dogs, pets or domesticated animals must be on a harness or leash, or in an approved designated off-leash pet exercise area operated by the City. No owner or person in custody of a pet shall suffer or permit the pet to defecate upon public property without immediately removing the excrement and disposing of it in a sanitary manner. c. The City may approve other animals within the park for a City sponsored event or program. c. Any unattended domestic animal or pet found roaming or at large within any park shall be impounded. d. All state and local ordinances relating to the licensing and muzzling of animals and pets shall apply to same brought into any park. 8 e. No person shall release or introduce any exotic or wild animal in any park without the written permission of the City. f. No person owning or in custody of any pet or domestic animal shall allow such animal to graze or browse in any park. 4. Hunting, Fishing, and Molesting Wildlife. a. No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species or wildlife including birds, waterfowl, fish or other animals found within the confines of any park except that fishing may be permitted in designated areas subject to laws and regulations as established by the State of Minnesota. b. No person shall rob, disturb, or molest the nest, eggs or young of any birds, or other animals within the confines of any park. 3. Fire. a. No person shall start or maintain a fire in any park except small recreational fires in fireplaces, fire rings, and grills provided for that purpose in areas specifically designated for such use. Private grills may be used in designated areas provided that all ashes and residue therefrom be disposed of in containers provided for such disposal. b. Any person who starts or maintains a fire in an authorized area shall exercise continuous supervision from the time the fire is kindled until it is extinguished. No fire shall cause damage or constitute a threat to site vegetation and resources, nor shall it cause discomfort to other park users. c. The City may, at its discretion, prohibit fires for limited periods of any location for any purpose when it is necessary for the continued protection of park property and resources. a. Fires are only permitted in designated areas in the park that are provided for such purposes. All fires must be completely extinguished before the person starting the fire leaves the area. 4. Waste and Litter. a. No person shall leave or throw waste materials, debris, or rubbish upon the grounds or water areas of any park. No dumping of any leaves, branches, grass, and similar materials. throw, cast, drop, pour, spill or discharge, or permit to escape in or upon any land, pond, river, creek, stream, ditch, storm sewer or drain flowing into or through any park any substance, matter or thing whether solid, liquid, or gas, which shall result in the pollution of said waters, interfere with the conservation management of the water resource, or endanger the health of the public. 9 b. No person shall deposit, scatter, drop or abandon in any park any paper, bottles, cans, sewage, waste, trash or other debris except in receptacles provided by the City for such purposes. No person shall deposit in any receptacle in any park any accumulation of waste or trash generated outside the boundaries of the site. c. No person shall drop, throw or otherwise leave unattended in any park lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible material. 5. Fire Arms, Weapons, Fireworks. a. No person shall possess, fire, discharge, or set off any firearm, missile, fireworks or explosives in any park unless authorized by the City. b. No person except a law enforcement officer shall possess or carry a firearm of any description in any park. No person shall possess or carry in any park any air gun, bow and arrow, knife with a blade greater than three (3) inches, slingshot, dart or projectile thrower, or any other dangerous or illegal weapon. Nothing in this section shall be construed to prevent the recreational use of firearms and bow and arrows on officially established field or target ranges. c. Any authorized or illegal weapon within a park shall be subject to seizure by a law enforcement officer. 8. Disturbing the Peace - Conduct. a. No person or group of persons shall disturb the peace and good order in any park by either word or act. b. No person or group of persons shall use threatening, abusive, insulting, obscene or indecent language or commit, perform or engage in any lewd, lascivious, obscene or indecent act. c. No person or group of persons shall engage in fighting, quarreling, wrangling, riotous clamor, or tumult. d. No person or group of persons shall disturb, harass or interfere with any open space user or the user's property. e. No person shall solicit or ask anyone to commit, perform or engage in any lewd, lascivious, obscene or indecent act or behavior. 6. Auto Audio Devices. a. Use or operation of No person shall operate or play any musical instrument, radio, television, record or tape player, loudspeaker, public address system, portable stereo or sound amplifying equipment of any kind in any park must 10 be confined to the immediate area in such a manner that it does in such a manner that the sound emanating therefrom is audible beyond the immediate vicinity of the set or instrument and subsequently interfere with the use of the park by other users or disturbs the residents of the adjacent property properties unless authorized by the City. 10. Loitering. a. No person over the age of six (6) shall enter any comfort station or restroom, washroom, or toilet facility set apart or designated for the opposite sex. b. No person shall lurk or loiter in or around any toilet or other park structure except to use such facility for the purpose for which it is intended. 7. Alcoholic and Intoxicating Beverages. a. No person shall transport, possess, offer for sale, consume, or be under the influence of any beer, wine, liquor or other alcoholic or intoxicating beverage in any park except with a special permit or in such areas and at such times as may be designated by the City, and except at such places where beverages are sold by licenses of the City. 12. Controlled Substances. No person shall use, possess, consume, administer, dispense, sell, give away or be under the influence of any controlled substance listed in Schedules I-V, Chapter 152, Minnesota Statutes, 1974, as amended, except when such use, possession, influence and administration are authorized by Statutes. 13. Gambling. a. No person shall play, participate in, wager on or against any game of chance or activity defined by Sections 609.75 and 609.76, Minnesota Statutes, 1974, as amended. b. No person shall operate any gambling device or conduct any game of chance defined by Sections 609.75 and 609.76, Minnesota Statutes, 1974, as amended. 8. Parades, Entertainment, Public Meetings. a. No processions, parades, pageants, ceremonies, exhibitions, celebrations, training exercises, speeches, entertainment or other public gatherings shall be allowed to pass through or take place in any park or on any parkway except with written permission of the City upon approval of the application for parade or public assembly permit. 15. Games. a. No person shall engage in any potentially dangerous games involving thrown or propelled objects, such as footballs, baseballs, horseshoes, arrows, golf 11 balls, model airplanes or similar objects except in areas specifically designated for such usage. 9. Advertising. a. No person shall distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisements or other written or printed materials except with the written permission of the City. b. No person shall post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure except with the written permission of the City. c. No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event, show or other purpose except with the written permission of the City. 10. Unlawful Sales. a. No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the City. 11. Soliciting Alms. Solicitation. a. No person shall beg or solicit alms, donations or contributions in a park unless approved by the City. 19. Photography. No person shall take any photographs, or motion or sound pictures for commercial purposes or for use in commercial advertising except with the written permission of the City. 20. Utilities. a. The location, construction or erection of any sewer, gas pipe, water pipe, hydrant, lamp post, telephone and electric power post, conduit, pump, lift station and other utility feature proposed in any park shall be subject to the approval of the City Council. b. No person, firm or corporation shall construct or relocate any of these utility installations or fixtures without the written permission of the City. c. Every person, firm or corporation who shall receive a contract or permit to do work shall, after such work has commenced and until the same has been completed, isolate the construction area by security fencing, warning lights 12 and signs, or other appropriate measures that will protect the public from exposure to danger and prevent unnecessary accident. 21. Law Enforcement Officers and Employees. a. No person shall willfully resist, refuse or fail to comply with any order, direction or request lawfully given by any law enforcement officer or City employee acting under the authority of the Council and in accordance with this Ordinance. b. No person shall interfere with, or in any manner hinder any City employee or law enforcement officer during the performance of his assigned duties; nor any employee of a contractor or other City department engaged in construction, repairing or caring for any park or part thereof, or while in the discharge of duties conferred by this Ordinance. 22. Posted Regulations, Directional Signs and Graphics. a. No person shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any park or on any parkway. 12. Glass Bottles and Containers Prohibited. a. No person shall bring into a park or recreation area any glass beverage container of any kind. introduce or carry into any park within the City glass bottles or glass containers of any kind. or description which are or could be susceptible of breaking or shattering, without first obtaining a permit from the office of the City Administrator. It is the intention of this paragraph to limit and prevent as much as possible the presence of broken glass in the City parks as a general safety measure. 2601.070. TRAFFIC RULES. MOTORIZED VEHICLES a. No person shall drive or operate a motor vehicle within any park except upon roadways, parking areas, parkways or other areas designated for such use. Disabled vehicles may be moved off a paved area to allow for the continued flow of traffic but the vehicle must be repaired or removed within two (2) hours, unless other arrangements are made with the City. b. No person shall operate a motor vehicle within any park or on any parkway in violation of posted regulations and directional signs; Chapter 169, Minnesota Statutes, 1974, as amended; county or municipal traffic ordinances, or orders or direction of the law enforcement officers or City employees. c. No person shall drive or operate a vehicle on or along any roads, drives or parking lots which have been restricted, closed or posted with appropriate signs or barricades. The City shall have the authority to order roads, drives or parking lots within any park or any parkway closed during the process of 13 construction, reconstruction, or repair or when in its opinion, weather conditions render travel unsafe or unduly destructive. d. No person shall operate a motor vehicle in a careless or reckless manner or without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles, so as to endanger the life, limb or property of any other person while in lawful use of a park. e. No person shall park, stop, or leave a vehicle in any park or on any parkway between the hours of 10 p.m. and 5 a.m. unless arrangements are made with the City. f. No person shall operate a vehicle in any park or on any parkway at a speed in excess of fifteen (15) miles per hour or in excess of posted speed limits. g. No person shall operate a vehicle in any park which emits excessive or irritating noise, noxious fumes, dense smoke or other pollutants. h. No person shall wash, grease, change oil, service or repair any vehicle in any park. All disabled vehicles shall quickly be made operational or removed from the park. i. No person shall park a vehicle adjacent to any curb painted yellow in any park. j. Vehicles illegally parked, disabled or abandoned may be towed away and impounded at the owner's expense. Said vehicle may be sold if unclaimed after ninety (90) days to pay towing and storage charges. k. No person shall drink, consume or have in his possession an open bottle or container of an alcoholic or intoxicating beverage in any motor vehicle when such vehicle is in a park or parkway. l. Vehicles shall yield the right-of-way at all times to pedestrians. m. No person shall participate in a drag race or test of unreasonable acceleration in any park or on any parkway. n. No person shall cause any taxi, limousine or other vehicle for hire to stand in any park or on any parkway for the purpose of soliciting or taking in passengers other than those who requested or were carried to the site by said vehicle, unless licensed by the City. a. No person shall park any motor vehicle in any place in public parks except in designated parking areas, nor between the hours of 10:00 p.m and 6:00 a.m. unless approved by the City. b. No Person shall service, repair, or park a disabled vehicle in any City park or parking lot. 14 c. No person shall operate a motorized vehicle within any park except in such areas specifically designated for such use unless authorized by the City. Authorized vehicle shall not drive in excess of 15 miles per hour. 2601.080. PENALTIES FOR VIOLATION. Regulations in this Part a. Any person violating any of the provisions of this Ordinance, may be excluded from the use of the park, playground or recreational facility at the discretion of a law enforcement officer or City employee and may in addition be prosecuted for a misdemeanor.shall be adjudged guilty of a misdemeanor. b. Any person violating any of the provisions of this Ordinance may be expelled, ejected, or ousted at such time from a park at the discretion of a law enforcement officer. 2601.090. REPEAL. This Ordinance, upon promulgation, repeals all pre-existing regulations in force, except that such regulations shall be deemed to be in force for the purpose of perfecting any right vested, accrued or arising therefrom. 2601.100. SEPARABILITY. The provisions of this Ordinance shall be separable, and the invalidity of any section, paragraph, sub-paragraph, subdivision or other part thereof shall not make void, impair, invalidate or affect the remainder thereof. SECTION 2. This ordinance shall take effect and be in full force from and after its adoption and publication. Adopted this 13th day of February, 2019 By: ________________________________ John T. Keis, Mayor Attest: _________________________________ Christopher Heineman, City Administrator AYES: NAYS: Published February 19, 2019 1 CITY OF LITTLE CANADA RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 835 AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER 2601, CONTROL AND MANAGEMENT OF PARKS AND PARK FACILITIES The City Council of the City of Little Canada, Ramsey County, Minnesota does hereby ordain: SECTION 1. The City Council of the City of Little Canada hereby amends Chapter 2601 of the Little Canada Municipal Code as follows: 2601. CONTROL AND MANAGEMENT OF PARKS AND PARK FACILITIES 2601.010. DEFINITIONS. 1. "Council" shall mean and refer to the Little Canada City Council. 2. "Parks" shall mean a park, playground, trail, nature area, recreation center, special use facility area or any other areas in the City owned, leased, used or controlled, wholly in part, by the City for such purposes as are designated by the Council as and for park use. 3. "Person" shall mean and refer to any individual, firm, partnership, corporation and association or persons. 4. "Waters" shall mean and refer to any lake, pond, river, stream or other body of water located wholly within the boundaries of Little Canada, including those waters lying within 300 feet and immediately abutting such shoreline. 5. "Law enforcement officer" shall mean and refer to any person duly deputized or commissioned by the City or County for the purpose of enforcing the laws, ordinances and regulations of their respective jurisdictions. 2601.030. HOURS AND ACCESS. Regular park hours are open to the public from 6:00 a.m. to 10:00 p.m. No person or vehicle shall remain, stop, use, or be present within the confines of any park at any other time. Other exceptions may be made at the discretion of the City in the case of emergency or when special use permits have been authorized or for other reasons the City may determine necessary or desirable. FINAL VERSION 2 2601.040. PERMITS. Permits shall be required for the exclusive use of all or portions of specific areas, buildings and other park facilities; and for conducting special events of a cultural, educational, political, religious or recreational nature; and for specific exemption from any provision of this Ordinance. Any person, group or association of persons required to obtain a permit shall file an application for such permit with the City Administrator. The grantee of a permit shall be bound by this Ordinance and any applicable regulations in force as though the same were inserted in said permit. The grantee of a permit shall be liable for any loss, damage, or injury sustained by the park or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. The grantee of a permit shall not transfer or relinquish said permit to another person or group of persons without the written permission of the City. The City shall have the authority to revoke a permit upon evidence of good cause. No person shall in any manner disturb, harass, or interfere with the grantee of a valid permit, nor with any of the grantee's property or equipment. Permits for shelter reservations shall be subject to the additional rules and guidelines as referenced in the Park Shelter Rental Guidelines document. 2601.050. SPECIAL ACTIVITIES. 1. Swimming: No person shall bathe, wade or swim in any park except in such areas specifically designated for such use. 2. Fishing: No person shall fish in a reckless or careless manner so as to create a nuisance or to endanger the safety of said person, or other fishermen, or park users. 3. Bicycling: No person shall ride or operate a bicycle in violation of M.S. Ch. 169, as amended from time to time. Persons riding a bicycle shall observe and obey all traffic and directional signs. Wherever provided, bicycles shall be parked in locations set aside specifically for their storage. 4. Winter Activities: Skating, sledding, cross-country skiing are permitted in parks in such areas specifically designated for such use. 5. Snowmobiling: No person shall operate a snowmobile in any park, on any public trail, or lake surface under the jurisdiction of the City. 3 6. Equestrian: No person shall ride or drive a horse in any park unless authorized by the City. 7. Camping: No person shall establish or maintain any camp or other temporary lodging or sleeping place in any park except by permit and then only in areas specifically designated for such use. 2601.060. GENERAL CONDUCT. 1. Damage to Property: No person shall injure, damage, deface, destroy, diminish or impair the value of any public or private property located within any public park in the city, including, but not limited to, buildings, structures, signs, trees, shrubs, or vegetation. 2. Animals: a. No person shall intentionally disturb, frighten, or kill any birds, wildlife, or animals kept or found in any park. b. All dogs, pets or domesticated animals must be on a harness or leash, or in an approved designated off-leash pet exercise area operated by the City. No owner or person in custody of a pet shall suffer or permit the pet to defecate upon public property without immediately removing the excrement and disposing of it in a sanitary manner. c. The City may approve other animals within the park for a City sponsored event or program. 3. Fire: Fires are only permitted in designated areas in the park that are provided for such purposes. All fires must be completely extinguished before the person starting the fire leaves the area. 4. Waste and Litter: No person shall leave or throw waste materials, debris, or rubbish upon the grounds or water areas of any park. No dumping of any leaves, branches, grass, and similar materials. 5. Fireworks: No person shall possess, fire, discharge, or set off fireworks or explosives in any park unless authorized by the City. 6. Audio Devices: Use or operation of any musical instrument, radio, television, loudspeaker, public address system, portable stereo or sound amplifying equipment of any kind in any park must be confined to the immediate area and does not interfere with the use of the park by other users or disturbs the residents of the adjacent properties unless authorized by the City. 4 7. Alcoholic and Intoxicating Beverages: No person shall transport, possess, offer for sale, consume, or be under the influence of any beer, wine, liquor or other alcoholic or intoxicating beverage in any park except with a special permit or in such areas and at such times as may be designated by the City, and except at such places where beverages are sold by licenses of the City. 8. Parades, Entertainment, Public Meetings: No processions, parades, pageants, ceremonies, exhibitions, celebrations, training exercises, speeches, entertainment or other public gatherings shall be allowed to pass through or take place in any park or on any parkway except with permission of the City upon approval of the application for parade or public assembly permit. 9. Advertising: a. No person shall distribute or disseminate any leaflets, pamphlets, circulars, handbills, advertisements or other written or printed materials except with the written permission of the City. b. No person shall post, display, affix or attach any sign, poster, placard, notice, banner or advertisement to any tree, building, shelter, fence, pole or other structure except with the written permission of the City. c. No person shall use loudspeakers, sound amplifying equipment, musical equipment or cause any noise to be made for advertising purposes or for the purpose of attracting attention to any exhibition, performance, event, show or other purpose except with the written permission of the City. 10. Unlawful Sales: No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the City. 11. Solicitation: No person shall beg or solicit, donations or contributions in a park unless approved by the City. 12. Glass Bottles and Containers Prohibited: No person shall bring into a park or recreation area any glass beverage container of any kind. 2601.070. MOTORIZED VEHICLES 1. No person shall park any motor vehicle in any place in public parks except in designated parking areas, nor between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City. 2. No Person shall service, repair, or park a disabled vehicle in any City park or parking lot. 5 3. No person shall operate a motorized vehicle within any park except in such areas specifically designated for such use unless authorized by the City. Authorized vehicle shall not drive in excess of 15 miles per hour. 2601.080. PENALTIES FOR VIOLATION. Any person violating any of the provisions of this Ordinance, may be excluded from the use of the park, playground or recreational facility at the discretion of a law enforcement officer or City employee and may in addition be prosecuted for a misdemeanor. 2601.090. REPEAL. This Ordinance, upon promulgation, repeals all pre-existing regulations in force, except that such regulations shall be deemed to be in force for the purpose of perfecting any right vested, accrued or arising therefrom. 2601.100. SEPARABILITY. The provisions of this Ordinance shall be separable, and the invalidity of any section, paragraph, sub-paragraph, subdivision or other part thereof shall not make void, impair, invalidate or affect the remainder thereof. SECTION 2. This ordinance shall take effect and be in full force from and after its adoption and publication. Adopted this 13th day of February, 2019 By: ________________________________ John T. Keis, Mayor Attest: _________________________________ Christopher Heineman, City Administrator AYES: NAYS: Published February 19, 2019