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HomeMy WebLinkAboutAgenda Packets - 2013/07/08CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 8, 2013 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 8117, Authorizing the Purchase of a New Electronic Message Sign for City Hall B. Resolution 8118, Authorizing the Issuance and Sale of Health Care Facility Revenue Bonds, Series 2013 (Apple Tree Dental Project) C. Resolution 8119, Approving the 2013 Festival in the Park Contract D. Resolution 8120, Approving the Hire of Blaine Backes as Public Works Maintenance Worker (Drinking Water) in the Public Works Department E. Resolution 8116, Approving the Acceptance of Credit/Debit Cards for Payment of City Charges 8. CONSENT AGENDA A. Set a Public Hearing for Monday, July 22, 2013, at 7pm, to Approve a Temporary Liquor License or a Temporary 3.2 Malt Liquor License for the Mounds View Festival in the Park Committee to Allow Max’s Bar and Grill to Sell Liquor During the August 17, 2013, Mounds View Festival in the Park. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, August 5, 2013, at 7pm Next Council Meeting: Monday, July 22, 2013, at 7pm 13. ADJOURNMENT Item #: 7A Meeting Date: July 8, 2013 Type of Business: Council Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Resolution 8117, Authorizing the Purchase of a New Electronic Message Sign for City Hall Background On June 10 and July 1, 2013, the City Council discussed several quotes received for a new electronic message sign (with base) for City Hall. On July 1st, the Council provided direction to City staff to continue discussing the project with DeMars Signs out of Coon Rapids, MN. The City’s existing electronic message sign is located at the northwest corner of County Road 10 and Edgewood Drive. It was originally purchased in 1999 (fourteen years ago). The sign is 13 feet tall, 14 feet wide and 2 feet deep. It’s located at the northwest corner of County Road 10 and Edgewood Drive. The sign is used as a communication tool for the City of Mounds View. Below are images of the original rendering and the existing sign. Below is a timeline of the sign’s history: December 13, 1999: The Mounds View City Council approved the purchase of Daktronics electronic message board with incandescent white lighting in the amount of $40,741.00 from AIM Electronics. November 14, 2005: The Mounds View City Council approved the purchase of a retrofit of the existing message board with a red LED lighting system in the amount of $34,980.57 from AIM Electronics. July 8, 2013 – City Council Meeting Item 7A – Resolution 8117 Page 2 of 2 Discussion As of July 3, 2013, City staff received quotes from six sign vendors for this project. Staff is recommending that the Council consider two of the six sign vendors, whose pricing is shown in the below chart. Signcrafters Outdoor produced the lowest quote of the six vendors. The below information is based on the “L-shaped” stone base design. Vendor Quote: Amber Color Pixel Pitch 19mm Quote: Full Color Pixel Pitch 25mm Brand Signcrafters Outdoor 2405 Anapolis Lane N. Minneapolis, MN 55441 $45,850 - 41" x 111" $48,550 - 37" x 115” Watchfire DeMars Signs 410 - 93rd Ave. NW Coon Rapids, MN 55433 $51,255 - 41” x 171” $58,525 - 53” x 171” $52,400 - 37" x 163" $58,617 - 45" x 163" $66,317 - 41” x 171” pixel pitch 19mm for $66K size Watchfire City staff suggests that the City Council determine the display size and color. Final artwork can be determined at a later date. DeMars Signs will be providing additional renderings during the July 8th Council meeting. Attached are images of signs designed by DeMars for the Cities of Andover, East Bethel and Oakdale. Should Council members want to view the signs in person, below are the locations of each sign. City Location Pixel Pitch / Color Andover Corner of Bunker Lake Blvd / Crosstown Blvd 25mm / full color East Bethel Corner of Hwy 65 / Viking Blvd 25mm / full color Oakdale Corner of 15th / Hadley Ave North (City Hall) 19mm / full color Recommendation Staff recommends that the City Council approve Resolution 8117, Authorizing the Purchase of a New Electronic Message Sign for City Hall, from DeMars Signs in an amount not to exceed $60,000.00 to be paid for using the Special Projects Fund 480-4180-7030. Respectfully submitted, Heidi Steinmetz, Economic Development Specialist Attachments: • DeMars Renderings: Mounds View, Andover, East Bethel and Oakdale • Resolution 8117 DeMars Signs – References Better Business Bureau No complaints closed in past three years City of Andover Dave Carlberg, Community Development Director City of East Bethel Nate Ayshford, Public Works Manager City of Oakdale Dave Schaps, Assistant City Administrator 188” ALTERNATE COLORS 37” 102” 37” 6” x 200” cap 3.5” x 24” reveal 3.5” x 200” cap 3.5” x 182” reveal 16” x 200” base 6.17.13 Scott Maciej Mounds View 4.12.13 Scott Maciej Blaine 41” 44.5”99” RESOLUTION 8117 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PURCHASE OF A NEW ELECTRONIC MESSAGE SIGN FOR CITY HALL WHEREAS, on November 14, 2005, the City Council approved Resolution 6671 for a retrofit of the electronic message sign from AIM Electronics in the amount of 34,980.57; and WHEREAS, the existing sign is outdated and malfunctioning, necessitating a replacement; and WHEREAS, in 2013, City staff requested quotes from ten sign vendors for a sign containing a higher resolution LED display allowing for three lines of text plus a new stone base; and WHEREAS, City staff received quotes from six sign vendors; and WHEREAS, after meticulous comparison of the quotes received including ample correspondence with each sign vendor, City staff recommended that a new electronic message sign with a stone base be purchased from DeMars Signs (Coon Rapids, MN) in an amount not to exceed $60,000. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the purchase of a new electronic message sign for City Hall from DeMars Signs in an amount not to exceed $60,000 to be paid for using the Special Projects Fund 480-4180-7030. Adopted this 8th day of July, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator SEAL) Item No: 7.B. Meeting Date: July 8, 2013 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8118 Authorizing the Issuance and Sale of Healthcare Facility Revenue Bonds, Series 2013 (Apple Tree Dental Projects) Background: The City Council was presented with a proposal at the June 2012 work session by Apple Tree Dental to use conduit debt financing to finance the acquisition, construction and equipping of an approximately 16,000 square foot building located at 2442 County Road 10 in the City to be used as a new clinic and headquarters facility. Additional items have been added to the project to include the acquisition, construction and equipping of an existing approximately 6,000 square foot clinic and office facility located at 210 Wood Lake Drive in Rochester, Minnesota and refinance existing indebtedness incurred in connection with the clinic facility located at 520 Main Street in Hawley, Minnesota. The preliminary note amount approved in Resolution 8027 on November 26, 2012 was $8,500,000 to facilitate the above. As the process of finding a bank proceeded the total amount to be financed by a bank thru direct purchase of the conduit bonds has changed and is now at a not to exceed amount of $4,500,000. The MN Housing Fund and Nonprofit Assistance Fund will provide the remaining funding along with the equipment manufacturer. The City will receive a 1% issuance fee for the use of the City’s lending authority. The City Council has been supportive of moving forward with use of conduit debt financing thru passage of resolution 8027 which gave preliminary approval. The Council has also subsequently approved a PUD amendment for the building at 2442 County Road 10. Discussion: This is the final approval needed to move forward with issuing the Health Care Facility Revenue Bonds. The City will not be obligated for the bonds. The closing on financing is moving toward an end of July or early August date. The City is represented by Jenny Boulton as bond council from Kennedy & Graven. Recommendation: Staff recommends that Council review the information, ask questions and if comfortable approve Resolution 8118. Respectfully submitted, ________________________ Mark Beer Finance Director RESOLUTION NO. 8118 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HEALTH CARE FACILITY REVENUE BONDS, SERIES 2013 (APPLE TREE DENTAL PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152-469.1651, as amended (the “Act”), confers upon cities the powers conferred by the Act, which include the power to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a “project,” defined in the Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services; and (b) WHEREAS, Apple Tree Dental, a Minnesota nonprofit corporation (the “Borrower”) has requested that the City of Mounds View, Minnesota (the “City”) issue its health care revenue bonds to provide financing, in whole or in part, for a Project (as defined below); and (c) WHEREAS, the Borrower has proposed that the proceeds of the revenue bonds to be issued by the City will be applied to (i) finance the acquisition, construction and equipping of an approximately 16,000 square foot building located at 2442 County Road 10 in the City to be used as a new clinic and headquarters facility (the “Project”); and (ii) pay the costs of issuance of the revenue bonds and other costs related to the Project; a public hearing on the Project was held by the City Council on November 26, 2012, following duly published notice; and (d) WHEREAS, the City’s Health Care Facility Revenue Bonds (Apple Tree Dental Project), Series 2013 will be issued in one or more series in an aggregate principal amount not to exceed $4,500,000, and will include a pledge of, among other things, revenues of the Project (the “Bonds”); and (e) WHEREAS, the Borrower has requested that the Bonds be issued pursuant to an Indenture of Trust between the City and Wells Fargo Bank, National Association (the “Trustee”), dated as of or after July 1, 2013 (the “Indenture”); and (f) WHEREAS, the City, the Borrower, and Wells Fargo Bank, National Association and Wells Fargo Equipment Finance, Inc. (collectively, the “Lender”) have agreed upon sufficient details of the Bonds and to enable the City to adopt this final bond resolution (the “Resolution”) on this date. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota, as follows: 1. Proposal for Issuance of Bonds. For the purpose of providing funds to finance the Project there is hereby authorized the issuance, sale and delivery of the Bonds in an aggregate principal amount not to exceed $4,500,000, the proceeds of which, together with funds provided by the Borrower or a subordinate lender, shall be used to finance the Project. The proceeds of the Bonds will be disbursed pursuant to a Construction Disbursement Agreement among the Borrower, the Trustee, the Lender, the subordinate lender and a disbursing agent (the “Disbursing Agreement”). The Bonds shall be special, limited obligations of the City payable solely from the funds pledged therein. The Bonds are not to be payable from nor charged upon any funds of the City other than the revenues pledged to their payment, nor is the City subject to any liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the principal of, premium, if any, or interest on the Bonds; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and each Bond shall recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Bonds shall contain a recital that they are issued pursuant to the Act and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 2. Bond Structure. Pursuant to a Loan Agreement, to be dated as of or after July 1, 2013, the City will loan the proceeds of the Bonds to the Borrower to finance a portion of the Project (the “Loan Agreement”). The payments to be made by the Borrower under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. When executed, the right, title and interest of the City in, to and under, among other things, the Loan Agreement (except as therein provided) will be assigned to the Trustee pursuant to the Indenture. It is proposed that the Borrower will execute a Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (the “Mortgage”) as security for payment of the Health Care Facility Revenue Bond (Apple Tree Dental Project), Series 2013A (the “Series 2013A Bond”). It is further proposed that the Borrower will execute a Security Agreement (the “Security Agreement”) as security for payment of the Health Care Facility Revenue Bond (Apple Tree Dental Project), Series 2013B (the “Series 2013B Bond”). Pursuant to a Continuing Covenant Agreement between the Lender and the Borrower (the “Continuing Covenant Agreement”), the Borrower has agreed to comply with certain covenants for the benefit of the Lender required in connection with the purchase of the Bonds. The Bonds shall be in such principal amounts, shall bear interest at the rates, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such form and have such other details and provisions as may be prescribed in the Indenture as executed in accordance with Sections 5 and 6. 3. Forms of Documents Submitted. Forms of the following documents have been submitted to the City Council for approval: (a) the Continuing Covenant Agreement; (b) the Loan Agreement; (c) the Mortgage; (d) the Security Agreement; and (e) the Indenture. 4. Findings. It is hereby found, determined and declared that: (a) the Project furthers the policies of the Act; (b) the Project promotes the public welfare by providing necessary health care facilities, so that adequate health care facilities are available to residents of the City at a reasonable cost; (c) the Act authorizes the acquisition, construction and installation of the facilities and equipment to be financed by the Bonds, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement and Indenture (collectively, the “Financing Documents”), the performance of all covenants and agreements of the City contained in the Financing Documents, and the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the Financing Documents and Bonds valid and binding special, limited obligations of the City in accordance with their terms; (d) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (e) the payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Financing Documents also provide that the Borrower is required to pay all expenses of the operation and maintenance of the facilities to be financed by the Bonds, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and any taxes and special assessments levied upon or with respect to the premises of said facilities and payable during the term of the Financing Documents; (f) as provided therein and in the Financing Documents, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bond shall ever have the right to compel any exercise by the City of any taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City, except the interests of the City in the Loan Agreement which has been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which has been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or moral obligation of the City, the State of Minnesota or any political subdivision, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 5. Approval of Forms; Execution. Subject to the provisions of Sections 8 and 9 hereof, the forms of the Financing Documents and exhibits thereto and all other documents listed in Section 6 hereof are approved substantially in the form submitted. Subject to the provisions of Section 8 hereof, the Financing Documents, in substantially the forms submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Administrator (the “City Officers”). Subject to the provisions of Section 8 hereof, the Bonds are to be in executed the name of and on behalf of the City by the City Officers, and are to be delivered to the Trustee for authentication and delivery to the Lender. Any other City documents and certificates necessary to the transaction described above may be executed by one or more appropriate officers of the City, including but not limited to the Finance Director. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Financing Documents. 6. Issuance. The City shall proceed forthwith to issue the Bonds, in the forms and upon the terms set forth in the Indenture and this Resolution, if and to the extent the Borrower, the Lender and the City Officers determine to proceed with the Project, which determination shall be deemed made upon execution of the Financing Documents by the City Officers. The Bonds shall be payable or prepayable at such time or times, shall bear interest at such rates and shall be subject to such other terms and conditions as set forth therein which the Lender, the Borrower and the City Officers shall agree to, which agreement shall be deemed to have been made upon execution and delivery of the Bonds by the City Officers. The City Officers are authorized and directed to execute and deliver the Bonds as prescribed in the Indenture and this Resolution. 7. Records and Certificates. The City Officers and other officers of the City are authorized and directed to prepare and furnish to the Lender certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 8. Changes in Forms Approved; Absent and Disabled Officers. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the City and the City Officers; and said City Officers or staff members are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the City Officers shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of either of the City Officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the City Council by any member of the City Council or any duly designated acting official, or by such other officer or officers of the City Council as, in the opinion of the City Attorney, may act in their behalf. 9. Future Amendments. The authority to approve, execute and deliver future amendments to Financing Documents entered into by the City in connection with the issuance of the Bonds and consents required under the financing documents is hereby delegated to the City Officers, subject to the following conditions: (a) such amendments or consents do not require the consent of the respective holders of the Bonds or such consent has been obtained; (b) such amendments or consents to not materially adversely affect the interests of the City; (c) such amendments or consents do not contravene or violate any policy of the City, and (d) such amendments or consents are acceptable in form and substance to the counsel retained by the City to review such amendments. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this Resolution. The execution of any instrument by the City Officers shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. In the absence of the Mayor and/or City Administrator, any instrument authorized by this paragraph to be executed and delivered may be executed by the officer of the City authorized to act in his or her place and stead. 10. Payment of Expenses; Indemnification by Borrower. It is understood and agreed by the Borrower that the Borrower shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney’s fees and expenses incurred by the City) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Borrower and the City in the Loan Agreement, regardless of whether the Bonds are issued or the Project proceeds to completion. 11. Headings; Terms. Paragraph headings in this Resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Capitalized terms used but not defined herein shall have the meanings given them in the Indenture and Loan Agreement. 12. Qualified Tax Exempt Obligation. In order to qualify the Bonds as “qualified tax- exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), the City hereby designates the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code and in connection therewith makes the following factual findings; (a) the Bonds will be issued after August 7, 1986; (b) the Bonds are not treated as “private activity bonds” under Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2013 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during the calendar year 2013 have been designated for purposes of Section 265(b)(3) of the Code. Adopted this 8th day of July, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this 8th day of July, 2013, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Festival in the Park of Mounds View” (the “Festival”), to be held on August 17, 2013; and WHEREAS, pursuant to Minnesota Statutes, and other laws, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 16, 2013, and will terminate as of August 18, 2013 (the “Termination Date”). 3. City Contribution. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. If the Agreement should be terminated for any reason prior to the Termination Date, the City’s assistance to the Corporation will cease upon termination. In such case any unfulfilled assistance as set forth in Exhibits A and B will remain unfulfilled. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. d. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. The Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this 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 following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: City Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President 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. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by written authorization and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and consultants against and 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 activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing the assistance contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $35/hr $1400 3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $468 2. Police: 2 officers X 8 hrs @ approx. $55/hr $880 Total: $2,748 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator – Car Show Extra generator –(back-up) Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades (Parade and City Hall Parking Lot) Public Works Vehicles for the Parade 5 Rectangular Tables (For Car Show) 10 folding chair (For Car Show) 20 Orange Cones (For Car Show) 20 Orange Cones (MVCC- Section off parking area for Irondale) 7 picnic tables (MVCT) 6 picnic tables (in front of Beer Garden Tent) Mesh Fencing for the Beer Garden, K9 Demo and for the Lions Food Booth 2. Fire Dept: Fire truck(s) 3. Police Department Police Vehicle(s) for the Parade FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this 8th day of July, 2013, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Festival in the Park of Mounds View” (the “Festival”), to be held on August 17, 2013; and WHEREAS, pursuant to Minnesota Statutes, and other laws, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 16, 2013, and will terminate as of August 18, 2013 (the “Termination Date”). 3. City Contribution. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. If the Agreement should be terminated for any reason prior to the Termination Date, the City’s assistance to the Corporation will cease upon termination. In such case any unfulfilled assistance as set forth in Exhibits A and B will remain unfulfilled. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. c. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. d. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. The Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this 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 following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: City Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President 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. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by written authorization and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and consultants against and 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 activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing the assistance contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $35/hr $1400 3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $468 2. Police: 2 officers X 8 hrs @ approx. $55/hr $880 Total: $2,748 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator – Car Show Extra generator –(back-up) Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades (Parade and City Hall Parking Lot) Public Works Vehicles for the Parade 5 Rectangular Tables (For Car Show) 10 folding chair (For Car Show) 20 Orange Cones (For Car Show) 20 Orange Cones (MVCC- Section off parking area for Irondale) 7 picnic tables (MVCT) 6 picnic tables (in front of Jaycees Beer Garden Tent) Mesh Fencing for the Beer Garden, K9 Demo and for the Lions Food Booth 2. Fire Dept: Fire truck(s) 3. Police Department Police Vehicle(s) for the Parade Item No: 07C Meeting Date: July 8, 2013 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8119, Approving the 2013 Mounds View Festival in the Park Agreement Background: For 2013, the City has budgeted $4,500 (Budget Account Number: 100-4110-3900) in support (in-kind donation) of the Festival in the Park event, to pay for City personnel and equipment expenses. The Mounds View Festival in the Park is scheduled for Saturday, August 17, 2013. Discussion: Attached for your approval is the Festival in the Park of Mounds View Agreement. City Staff and the Festival Committee made revisions to the Festival Agreement under Section 5 (Insurance), subdivision c and d. Since the Festival in the Park Committee are volunteers and do not have paid employees, it is not necessary for the Festival in the Park Committee to carry Workers Compensation Insurance. City employees who work during the Festival are covered under the City’s Workers Compensation Insurance. Attached is an email dated July 2, 2013, from Kennedy and Graven, responding to my question on the Workers Compensation language in the Festival Contract. All revisions to the Agreement are highlighted in red and blue. The 2013 Festival in the Park Agreement was reviewed by the City Attorney and the Festival Committee. Members of the Festival Committee will be present to answer any questions. Recommendation: Attached for your approval is the 2013 Festival in the Park Agreement. Staff recommends approval of Resolution 8119, authorizing the execution of the agreement with the Festival in the Park of Mounds View for the August 17, 2013, Festival in the Park event. Respectfully Submitted, __________________________ Desaree Crane RESOLUTION 8119 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2013 FESTIVAL IN THE PARK WHEREAS, The City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 17, 2013; and WHEREAS, the 2013 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, the City Attorney, and have been reviewed and approved for execution by the Festival in the Park of Mounds View Committee, the non-profit organization in charge of the Festival. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and City Administrator. Adopted this 8th day of July, 2013. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: July 8, 2013 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8120, Approving the Hire of Blaine Backes as Public Works Maintenance Worker (Drinking Water) in the Public Works Department Background: On March 11, 2013, the City Council approved a revised position description and authorized advertisement for rehiring the vacant maintenance worker position in the drinking water subdivision. In accordance with the Public Works Collective Bargaining Agreement, the position was posted internally for one week and no internal candidates were interested. The City advertised for the position, and received twenty-four (24) applications. However, only five (5) met the minimum requirements. Staff interviewed the top candidates and decided to re-evaluate the position requirements. On May 13, 2013, the City Council approved a revised job description and reauthorized Staff to re-advertise. Staff received about thirty (30) applications and interviewed the top eight (8). Discussion: Staff advertised the opening on the City’s website and the League of MN Cities website. Staff received about thirty (30) applications and interviewed eight (8) candidates. The panel consisted of Public Works Supervisor Don Peterson, Lead Utility Operator Mike Schnur and me. Second interviews were then conducted on the top three (3) candidates by Public Works Director Nick DeBar, and Lead Utility Operator Mike Schnur conducted a City tour with the candidates. It was the consensus of Staff to recommend Blaine Backes to the position of Public Works Maintenance Worker (Drinking Water). Mr. Backes currently works for the City of White Bear Lake as a Water Plant Operator. Mr. Backes holds a Commercial Driver’s License (CDL), and a Class C Water License and a Class D Wastewater License. Mr. Backes, if hired, would be a member of the Public Works Collective Bargaining Unit. Mr. Backes would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the Public Works Collective Bargaining Unit Labor Agreement, Mr. Backes would qualify for Level A pay scale, which is currently established at $22.32 per hour. Progressing to Level B, then C in the future will be based on Mr. Backes’ ability to meet the criteria established by the Labor Agreement. Also in accordance with the Public W orks Collective Bargaining Unit Agreement, Mr. Backes would be subject to a twelve (12) month probationary period. Item 07C September 12, 2011, City Council Meeting Page 2 Mr. Backes would begin employment on or about Wednesday, July 24, 2013. Reference checks, employment physical and drug testing are complete and satisfactory. Mr. Backes’ appointment would be contingent on a satisfactory driver’s license and criminal background checks. I will not be able to attend this City Council Meeting because I will be on vacation. Public Works Director Nick DeBar will be presenting this item in my absence, and will be able to answer any questions you may have. Recommendation: Staff recommends the City Council adopt Resolution 8120, a resolution approving the hire of Blaine Backes to the position of Public Works Maintenance Worker (Drinking Water) in the Public Works Department, contingent on satisfactory drivers license and criminal background checks. Respectfully submitted, ________________________ Desaree Crane RESOLUTION NO. 8120 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving the Hire of Blaine Backes to the Position of Public Works Maintenance Worker (Drinking Water) in the Public Works Department WHEREAS, upon direction from the Mounds View City Council, the Public Works Maintenance Worker (Drinking Water) position was advertised; and WHEREAS, about thirty (30) applications were received for the position and eight (8) were chosen for interview; and, WHEREAS, Mr. Blaine Backes’ skills and experience were determined to most closely match the duties and responsibilities as outlined in the job description; and WHEREAS, Mr. Backes’ reference checks, employment physical, and drug testing are complete and satisfactory; and WHEREAS, Mr. Backes will be a member of the Public Works Collective Bargaining Unit, and would be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Backes qualifies for Level A pay scale based on the criteria set forth by the Public Works Collective Bargaining Unit Agreement, which is currently established at $22.32 per hour; and WHEREAS, Mr. Backes would begin employment on or about Wednesday, July 24, 2013; and WHEREAS, Mr. Backes would be subject to a twelve (12) month probationary period as stated in the Public Works Labor Agreement; and WHEREAS, Mr. Backes’ employment with the City would be contingent on a satisfactory drivers license and criminal background checks. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints Blaine Backes to the position of Public Works Maintenance Worker (Drinking Water) with employment to commence on or about Wednesday, July 24, 2013. BE IT FINALLY RESOLVED that the City Council does hereby approve the hire of Blaine Backes to the full-time position of Public Works Maintenance Worker (Drinking Water) at Level A of the pay scale (currently $22.32/hour) in accordance with the Public W orks Collective Bargaining Unit Agreement, contingent on satisfactory drivers license and criminal background checks. Resolution 8120 Page 2 Adopted this 8th day of July, 2013. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) Item No: 7.E. Meeting Date: July 8, 2013 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8116 Authorizing the Acceptance of Credit/Debit Cards for Payment of City Charges Background: In the past the City Council has been reluctant to accept credit/debit cards for payment due to the fee that would be deducted from the purchase price. Entities were not allowed under their merchant agreements to charge back those fees to customers using credit/debit cards. The City Council did not want to pass those costs on to others not using credit/debit cards. Recently there was a legal settlement with several credit card providers that would allow entities accepting credit/debit cards to charge back fees for accepting credit/debit cards for payment. Discussion: Staff has demonstrated the MuniciPay payment solution and found that it would be an acceptable solution for accepting credit/debit card payments. MuniciPay is associated with the City’s website vendor GovOffice. The City would not incur any costs associated with accepting credit/debit cards. Any fees would be passed on to the customer using a credit/debit card and the City would be paid the full amount of the charge being applied. MuniciPay will provide card readers and develop an e-commerce site for on-line payments when the City is ready to take that step. There is no contract time period so the City can cancel at any time. The City will be able to accept over-the-counter, phone, and on-line payments when fully implemented and there is no cost to the City. The cost to the Customer would be $3 or 2.45% of the charge, whichever is greater. Recommendation: Staff recommends that the City Council Authorize the acceptance of credit/debit cards as a form of payment for City charges and authorizes the use of MuniciPay for that process. Respectfully submitted, ________________________ Mark Beer, Finance Director RESOLUTION 8116 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Authorizing the Acceptance of Credit/Debit Cards for Payment of City Charges WHEREAS, the City Council would like to provide additional methods of payment of City charges to residents and customers; and WHEREAS, the City Council has discussed acceptance of credit cards in the past but did not want to incur any merchant fees ; and WHEREAS, changes in the credit card industry will now allow entities to charge back card fees to customers that use credit cards for payment; and WHEREAS, MuniciPay is a credit card servicer associated with the City’s website vendor and will provide the City with the equipment and e-commerce site for acceptance of credit cards at no cost to the City; and WHERAS, the cost to the customer will be $3 or 2.45%, whichever is greater; and WHEREAS, there is no contract period and the City could discontinue the service at anytime. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City will accept credit/debit cards as a form of payment at no cost to the City. 2. City staff is authorized to work with MuniciPay for the acceptance of credit/debit cards for payment of City charges. Adopted this 8th day of July, 2013 _____________________________________ Joe Flaherty, Mayor (ATTEST) _____________________________________ Jim Ericson, City Administrator (SEAL)