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Home My WebLink About11.15.10 Council Packet City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Terry Donnelly Julie May Christy Fogarty Steve Wilson AGENDA REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2010 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Deputy Registrar Office Presentation Information Received 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to [lYe minutes to address the Council during "Citizen Comment" time.) 7. CONSENT AGENDA a) Approve Council Minutes (11/1/10 Regular)(11/8/10 Special) (11/8/10 Workshop) b) Approve Various 2011 License Renewals - Administration c) Adopt Resolution - Approve Police Sergeants Amended Contract - Human Resources d) Minnesota Cities Stormwater Coalition Membership Renewal- Natural Resources e) Approve Bills Approved Approved Tabled Approved Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda, please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS a) Approve Various 2011 License Renewals - Administration Approved 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Change Order #3 and Final Pay Estimate Dushane Parkway Extension Project - Engineering 11. UNFINISHED BUSINESS a) Franchise Fees for Seal Coating - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Approve Council Minutes (11/1/10 Regular) (11/8/10 Special) (11/8/10 Workshop) Nov 1 Regular Minutes . . . 4 Nov 8 Special Minutes. . . . 10 Nov 8 Workshop Minutes . . 12 Various License and Permit Renewals Varous License and Permit Renewals. .21 Adopt Resolution - Labor Negotiation Amended Agreement 2009-2013 Amended Sgts. . . . . . . . . . . . . 23 Sgts Amended_2009-2013 . . . . . . . . . . . . 24 MN Cities Stormwater Coalition Membership Renewal MN Cities Stomwater Coalition . 25 mcsc attachment . 27 Approve Bills List of Bills. . . . . 28 2011 License Renewal Public Hearing 2011 License Renewal Public Hearing . . 50 Approve Change Order #3 and Final Pay Request-Dushane Parkway Extension Project Dushane CO #3 and Final Estimate 111510 . 52 dushane co and final payt . . . . . 54 Franchise Fees for Seal Coating Seal Coat Franchise Fees 111510 . 58 franchise fees1 . . . . . . . . . . . 60 Dakota Electric Franchise Fee Ord . . 65 Dakota Electric Franchise Agreement. . 68 Natural Gas Franchise Fee Ord. . . 77 Natural Gas Franchise Agreement . 80 Xcel Franchise Fee Ordinance . . 83 Xcel Franchise Agreement . . . . 86 Franchise Ordinance Summary. . 96 1 7~ COUNCIL MINUTES REGULAR November 1, 2010 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Boy Scout Troop led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Larson, Fogarty, May, Wilson Donnelly Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Todd Reiten, Municipal Services Director; Cynthia Muller, Executive Assistant Beve Preece, Jerry Ristow, David Pritzlaff, Colin Garvey, Elsworth & Kay Hoeppner Audience: 4. APPROVE AGENDA Councilmember Wilson pulled item 7 d) Approve 2010 City Audit Engagement for discussion. Finance Director Walters wanted to give an update on the Fire Relief Association under Roundtable. MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce Steve Arndt, Streets and Utilities Supervisor Municipal Services Director Reiten introduced Steve Arndt as the Streets and Utilities Supervisor. 6. CITIZEN COMMENTS Ms. Annette Kuyper, 20530 Dyers Pass, gave an update on Warrior to Citizen activities. Patriotic Day will be held November 4, to honor and recognize military service with a free meal and a program. On November 11, there will be two showings of a documentary "To Iraq and Back." It follows five Minnesota families and soldiers during deployment. The monthly veteran dinners have started and will be held the first Monday of every month at various churches in Farmington. Elsworth & Kay Hoeppner, 27 Walnut Street, had three concerns. The first is regarding safety on Walnut Street in front of Base Specialites Company. He asked if this company has a conditional use permit for unloading and loading his product on a public street. He also asked ifthey have a permit for off-street parking. If the company does not have these permits, this activity should be stopped immediately for safety reasons. They showed Council pictures of the area with trucks parked on the street. Cars cannot see 4 Council Minutes (Regular) November 1, 2010 Page 2 approaching traffic, or the forklift coming from the driveway. You also cannot see traffic coming around the corner or pedestrians. This is dangerous for people coming from the daycare center down the street. The forklift backs out of the driveway with a load 14 ft. wide and cars come from both directions. The forklift operator is using the street for loading and cars have to stop and wait. People have to walk in the street. The workers are also cutting aluminum in the driveway all afternoon. Also, the street light does not light up the intersection. It needs to be extended over the intersection. They also have a concern with the humming noise coming from the elevator at night. Mr. David Pritzlaft: 20255 Akin Road, wanted to address some accusations from the Mayor and Councilmember Wilson at a previous meeting. The accusations went to the newspaper regarding Mr. Pritzlaffusing the podium as a campaign tactic. He stated he is not doing this and never has. As he has been at several Council meetings within the last two years, and every budget workshop, that shows he is not using the podium as a campaign tactic. What was said was that he asks the same questions and does not receive answers. Mr. Pritzlaff stated Councilmember Wilson voiced a concern at the last meeting towards staff because two residents did not receive answers to their questions. Mr. Pritzlaff stated the answers he receives are unclear and very short. Now, Council voices a concern about not receiving answers. That has been a concern for two years. Mr. Pritzlaff stated Councilmembers also said when he asks questions, he does not give input for solutions. He begged to differ. He has attended Council workshops and given his input. At Council meetings he gives input and receives a remark, ''that is your opinion." Those are remarks he is giving Council for dialogue or consideration. To make an accusation that he does not give input to solutions, he has. He has attended all the budget workshops for two years and several meetings. To throw those accusations at a taxpayer, is totally unfair. When you talk about campaign tactics, when you go to the newspaper after a Council meeting, that is a campaign tactic. To have that in the newspaper is totally unjustified. He stated two years ago, Councilmember Wilson voted no for a Council pay raise, but accepted the pay raise anyway. Mayor Larson stated that will not be discussed the night before an election. Mr. Pritzlaff stated the five minute rule should be acknowledged. The person before him. went three minutes over. He is against cutting people off at five minutes. When people have an issue whether it is one or more, or talk slower, to be cut off at a meeting is disrespectful. Councilmember Wilson stated with regard to the newspaper article, a reporter contacted all members ofthe Council and he provided a response. As Mr. Pritzlaff is aware, when serving on the Council you receive calls from reporters and he provided his opinion. Mr. Pritzlaff stated in an interview the reporter said Councilmember Wilson and Mayor Larson are the ones that accused him. and another person of using the podium as a campaign tactic that night. Mr. Pritzlaff stated he has not done this, because he has been to so many meetings and workshops. It has also been stated Council will not take any more public comment at the budget workshops because all comments from the public have been received. Mr. Pritzlafftold the reporter that new information comes to Council weekly on the budget, so all comments have not been received from the public. New information warrants new comments. Councilmember Wilson stated the Council has been very amenable to residents to provide their input and feedback. Regarding the five 5 Council Minutes (Regular) November 1,2010 Page 3 minute rule, the Mayor made an executive decision saying we have a lot of issues that Council needs to work through. Councilmember Wilson did not take the Mayor's comments as disrespectful to anyone. We have to figure out some critical issues facing the City. Mr. Pritzlaff stated you have been elected by the taxpayers and if it takes a longer meeting to listen to the taxpayers and then make your decision so be it. At the last budget workshop it was stated right away, there will be no public comment. It was also stated we will not take anymore comments at budget workshops because we have received public comment. Council does not have all the public comments, because you keep receiving new information. Mayor Larson said the article read, we will not take anymore public comment at the workshops. If someone has a suggestion, we will take it during Citizen Comments or they can come to City Hal~ cal~ or e-mail. We have a lot of work to do and we are hearing the same thing over and over again. Mr. Pritzlaff said when new information comes out at the budget workshops, that is what can generate new comments and questions from the residents and you are shutting that out. a) Response to Mr. Colin Garvey Mr. Garvey was disappointed in the answers he received to his questions at the last meeting. We all understood that the money left over from the Pilot Knob project had been paying the City's portion ofthe seal coat. We were assessed on that project. Staffhad stated the money left over has been paying for the City's portion of the seal coating. The answer he received was that no one was over- assessed. Mr. Garvey stated ifwe were not over-assessed, how can we have money left over after 12 years. The math does not add up. City Administrator Herlofsky stated staff is still working on that portion. There have been two City Administrators, two Finance Directors and a couple of engineers during that time. We are talking about a bond from 1998. We also had a different fmancial advisor. We are looking at the numbers and need to clarify a few things. We have not stopped looking and will continue to get an answer for Council and Mr. Garvey. We are going back in history to determine exactly how this was handled. Mr. Garvey has been assured that any money left over goes to pay the bonds. There was a bond on the Pilot Knob project. Why wasn't the money allocated to pay off the bond? Finance Director Walters stated it is and that is part of what we will bring back. You will see from the beginning where the money went, how it went towards the project, and how the remaining balance was used. We are going through every activity and every project in the road and bridge fund. There are a lot of projects and a couple have bonds. Our system does not go back to 1999, so it is very time consuming. The bond for Pilot Knob is not paid off. Mr. Garvey stated he has been paying for this for 12 years. Finance Director Walters stated staff wants to make sure we have the right answer and everything is thoroughly researched. Mr. Garvey noted the answer he received states Empire Township contributed to the Pilot Knob project. Finance Director Walters clarified the question was what revenue sources are in the road and bridge fund. The road and bridge fund is not only for that project, it is for several projects. 6 Council Minutes (Regular) November 1, 2010 Page 4 Mr. Garvey was confused by 195th Street. On May 3,2010, he was told the county gave $1,980,S07.59 to the 195th Street project. Now he has been told the county is giving $4.5 million. Taking MSA funds for 195th Street, he comes up with $5.933 million then add that to the $4.5 million he comes up with $14.4 million on a project that was just over $S.5 million. City Administrator Herlofsky asked that Mr. Garvey come to his office so staff can see how he obtains his figures. The City bonded for $12 million. Mr. Garvey stated the minutes from June 2, 200S, state that the City did go out for bonds for $12,175,000. Staffs answer was the bonds were $S.5 million. He asked which is the real answer. Finance Director Walters stated there were two bonds associated with that project. It is also part of the road and bridge fund. Staff is looking at every project in the road and bridge fund and 195th Street is part of that fund. That project did not come in under budget. Mr. Garvey stated the answer he received was that the City bonded $S.5 million. When you add the MSA funds, county contribution you get $14.4 million. Friedges bid was $S.3 million plus some change orders. Staff noted there is also interest on the bond. All these numbers will be provided, how much we are receiving, how much we anticipate receiving, and how much the project costs. Mr. Garvey asked about the documentation from June 2, 200S, that the City went out for $12,175,000 in G.O. bonds. Finance Director Walters stated there are two bonds. One was for 195th Street, and the other was for Elm Street. There are two projects that were bonded with one bond. The $8,545,000 was the bond for 195t1i Street. Mr. Garvey stated once again, using your figures of $S.5 million, MSA funds and county contribution you collected $14.4 million on the project. Staff stated all of this information will be brought back. Mr. Garvey wanted to clarify that 195th Street and Elm Street were put together on a bond. Staff stated they are on one bond. Everything will be broken out as to what happened in each of those projects. City Administrator Herlofsky stated we are more concerned than you with the road and bridge fund. The different projects need to be pulled apart to make sure we have the revenue stream and expenses properly allocated. Staff is working on it. Mr. Garvey stated it seems with your own numbers and documentation you are severely over-bonding on these projects. Finance Director Walters stated we do not have all of the information right now and to give partial answers leads to more questions. We want to go through everything so we can also understand the entire project. Mr. Garvey appreciated that because he and other residents would like to know how much we are over-bonding on these projects. (Mayor Larson left the meeting at 7:35 p.m.) Councilmember Wilson suggested Council should do a periodic review of our bonds. He would like to review the information staff obtains at a workshop. 7 Council Minutes (Regular) November 1,2010 Page 5 b) Response to Mr. Jerry Ristow. A response was sent to Mr. Ristow. 7. CONSENT AGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes (10/18/10 Regular) b) Approved Explorer Post 9470 - Fire Department c) Adopted RESOLUTION R61-10 Approving Submittal of Waste Abatement Funding Application - Municipal Services e) Approved Bills APIF, MOTION CARRIED. d) Approve 2010 City Audit Engagement - Finance Councilmember Wilson noted last year it seemed like a comprehensive process. He asked if staff was comfortable with this auditor and if they were charging a fair price. Finance Director Walters agreed with the price and is comfortable with them. As she is new and they prepared a portion of the financial statements, when she prepares them herself this year, she may have questions for them. City Administrator Herlofsky stated normally we change auditors every four or five years. We would like one more year with this fIrm and will send this out for bid next year. Councilmember May stated she made it clear previously that the services we contract for need to be sent out for bids. She understood the situation staff is in and it is a fair request to retain the same company. There were some questions with the HRA/EDA fund that raised some doubt in her mind, but understood the request. Next year we need to send this out for bid. MOTION by Fogarty, second by May to approve retaining KDV for the audit services related to the 2010 audit. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUMCATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Listing Agreement 431 Third Street - Economic Development Staff is requesting approval of a Listing Agreement with KW Commercial to market the old Rambling River Center building. Councilmember Wilson asked why we have an exclusion list, but we also have a $1,000 reimbursement if this individual buys it. City Administrator Herlofsky stated the realtor is taking a risk with us having a potential buyer. They could have some expense knowing there 8 Council Minutes (Regular) November 1, 2010 Page 6 is no return. City Attorney Poehler stated it is to cover their costs. MOTION by Fogarty, second by May to approve the Listing Agreement authorizing Becky Leebens with KW Commercial to assist the City of Farmington with the sale of the property located at 431 3rd Street. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember May: Reminded everyone tomorrow is election day. There are a lot of good resources on the candidates. The candidate forum can be found on the City website. She urged people to be informed and to vote. Councilmember Fogarty: Reminded everyone today is November 1, and winter parking restrictions have gone into effect. There is no overnight parking on City streets. On Saturday, November 6, Celts is hosting a bingo fundraiser benefitting the Farmington High School Dance Team. Toys for Town will start November 12, through December 17. There are various drop-off locations throughout town. She asked staff to provide a final punch list for the ice arena on items that need to be done. Councilmember Wilson: The Patriotic Day celebration will be a neat event. It will be held at the high school and so far 600 people have registered. He encouraged everyone to attend. Cub Scouts can volunteer to help at this event. The latest copy of "The Bridge" has been sent to residents. There is a lot of good information on the budget and where your tax dollars go. He thanked Danielle CaWander for putting this publication together. City Administrator Herlofsky: Anyone who wants information on the veterans activities, should contact his office. Council has received a HiPP Survey regarding collaboration with the county, and he asked Council to complete the survey. Finance Director Walters: She attended the Fire Relief Association meeting. Their investments are doing well and are up 8.25%. The Relief Association will be having Turkey Bingo on November 13, at 7 p.m. at Fire Station 1. 14. ADJOURN MOTION by Fogarty, second by May to adjourn at 7:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 9 COUNCIL MINUTES SPECIAL November 8, 2010 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Larson, Fogarty, May Donnelly, Wilson Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Jim Murphy, Police Sergeant; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Tim Pietsch, Fire Chief; Cynthia Muller, Executive Assistant 4. APPROVE AGENDA MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION CARRIED. s. PETITIONS, REQUESTS AND COMMUNICATIONS a) Accept Results of2010 General Election Mr. Lenny Hall, former Council candidate, hoped that things he was saying during the campaign were heard. He extended his congratulations to Councilmember Fogarty and Jason Bartholomay. Now that the theatrical stage has cleared, he hoped everyone could get down to the business at hand. Now that we have one new face on the Council, unemployment and foreclosure still remain at the top of the chart. He hoped Council could see the fine print throughout this election. Although approximately 39% of the votes went to the two incumbents, approximately 69% went to the candidates asking for a change in the way the City does business. All challenging candidates had something to say about the current Council's wasteful spending and some are concerned about the properties run by the City that did not do well fmancially. It is time to put taxpayers fIrst and leave beautification projects behind and personal agendas until the City can afford such items. Find ways to get business into existing properties that the City felt obligated to fmish with no concrete future in its plans, i.e. the Vermillion River Crossing business district. Let's fmd more informal ways to communicate with the residents rather than having the king and its court looking down upon the peasants from their podium. This can be intimidating for some. Therefore I think you have lost some ideas. He extended his congratulations to the two elected 10 Council~m~(Speciw) November 8, 2010 Page 2 Councilmembers and urged Councilmembers if there is anything he can do in the future, please ask him. MOTION by Fogarty, second by May to adopt RESOLUTION R61-10 accepting the results ofthe 2010 General Election. APIF, MOTION CARRIED. 6. ADJOURN MOTION by Fogarty, second by May to adjourn at 6:34 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 11 Council Budget Workshop Minutes November 8,2010 Mayor Larson called the workshop to order at 6:43 p.m. Present: Absent: Also Present: Larson, Fogarty, May, Wilson Donnelly Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Jim Murphy, Police Sergeant; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Tim Pietsch, Fire Chief; Cynthia Muller, Executive Assistant MOTION by Wilson, second by Fogarty to approve the agenda. APIF, MOTION CARRIED. Staff provided reductions to the 2011 budget amounting to $400,000 as requested by Council. The detail of the changes was provided. At a previous meeting, Council asked that $23,494 be added back into the Parks and Recreation department, and we had to add $72,900 for the Fire pension. As far as staffmg changes, there was a retirement of Bill Weierke, Streets and Utilities Supervisor, and his position was filled internally by Steve Arndt. Once there is a position that needs to be filled from outside, that position will not be fIlled. There is also one voluntary layoff. These changes amount to $203,200. Staffhas also determined there is $23,594 in cable franchise fees that could be used to assist with salaries for the Administrative Services Director and Communications Specialist. This would offset the amount added back into the general fund for the Parks and Recreation department. Under additional budget reductions, staff was asked to find another $100,000. Staff is proposing to eliminate the curbside pick up portion of clean-up day. Residents would bring their items to a location. Clean-up day would not be eliminated, only the pick up service. This would save $100,000 and would reduce the fees to the residents. This service has been for Farmington residents only, but people outside the City have dropped items off. Mayor Larson felt just as many items leave the City. Other options which staff is not recommending include a furlough for every employee including Police and eliminate additional positions. Other possibilities staff is still working on include leasing space on the second floor of City Hall to the school district. The Police Officer and Sergeants contracts are settled through 2011, but both groups have agreed to discuss concessions for 2011. Staff is working on the agreements and expect them to come to fruition. Before the end of the year, Council does need to discuss franchise fees. In order to continue the seal coating program we will have to assess the properties 100% of the cost, approve franchise fees, or use another method. Councilmember Fogarty has had concerns with curbside clean-up day because it does not pay for itself. However, she has heard residents would rather pay more and keep that service. Instead of eliminating that, she would like to spend some time in 2011 evaluating whether the fee is covering the cost. This service keeps the City cleaner. She agreed a lot of items are brought into 12 Council Budget Workshop November 8, 2010 Page 2 the City, but there are also a lot of people coming into the City who pick up as much as what is brought in. Not everyone has the means to transport items across town. Staff did provide some creative ideas, but it does not sound like there is anything concrete. She would like to see revenue come from leasing space in City Hal~ but until there is something concrete, it is difficult to comment. She did like staff moving in that direction. Councilmember May agreed with Councilmember Fogarty regarding clean-up day and would like to see a study of the past few years of how much we are short. Municipal Services Director Reiten stated we spend $155,000 a year for clean-up day and we came in at approximately $1,000 under that. Councilmember May did recall we were just about breaking even and would not support eliminating the curbside pick up portion. Staff stated the residents pay approximately $60,000 towards that service ofthe clean-up day. The rest comes from garbage fees. What people take is the valuable items and things the City would receive money for. Councilmember May understood the staff reductions presented. She did not support the furlough. She did support option 3 to eliminate additional positions. In genera~ when she read the information she was expecting something more in-depth. She did not support having cable franchise fees pay salaries. If there is even a suggestion that salaries are going to be paid out of franchise fees, the whole transparency issue becomes more apparent. She did not feel that was the original purpose of the cable franchise fee. She understood the justification was because these positions deal with communications, but did not think the purpose of the cable franchise fee was for salaries. When Council first discussed the Vermillion River Crossing payment, one of the things they clearly stated was they did not want to move money around to cover that debt. This has the same feeling that we are just using money from a different pot to pay a bill. She did not want to go down that path. If there are salary costs she wants them to be upfront and easily identified in the budget and they should be paid out of the general fund. If we have funds in the cable franchise fund, then maybe we need to look at reducing the fee. City Administrator Herlofsky stated these are allowable costs. Mayor Larson asked what those funds are used for. Administrative Services Director Shadick stated we use the funds to pay for the work Mark Moore does and the cable staff that work in the control room so we are currently using the funds for salaries. We also use the funds for web streaming costs and anything associated with cable broadcasts. It is also used for maintenance of equipment. Finance Director Walters stated it is a capital acquisition fund and is in the capital projects portion. Councilmember Fogarty noted not all the money in this fund comes from franchise fees. About half comes from property taxes. Finance Director Walters stated the portion from property taxes is to pay a debt payment for equipment. Administrative Services Director Shadick stated the equipment costs have been paid and we do not owe anything for the equipment. Councilmember May recommended option 3 to eliminate additional staff positions. Leasing the space in City Hall is good news. She has brought up the suggestion as to why staff does not just occupy the first floor as it is a very large building to look at reducing cleaning and utility costs. She suggested looking at leasing the entire second floor. These are the kinds of real cost savings she is looking for. She did not support the Deputy Registrar office at this time. The Police contracts are good news. Regarding general fund revenues, she does not support increasing the number for licenses and permits. Councilmember May recalled previously the permit amount was $340,000 and now we are up to $431,000. Finance Director Walters stated in August it was $411,455. As part of the reduction process, this item was increased. Currently we are $95,000 over the 2010 budget. City Administrator Herlofsky stated the housing permits were $340,000. Initially we were not sure 13 Council Budget Workshop November 8, 2010 Page 3 about Twin Ponds and the CDA senior housing. Last week staff was assured this housing would be built in 2011. This would amount to 100 units. Councilmember May stated we do not have a contingency plan. Ifthere is any area that can provide us with this plan, it is permits. She would like to see us use the highest number possible and felt we need to be conservative. There was also a tax credit in place for half of2010. She wanted to take a conservative approach and now there is another $20,000 added. We have to keep in mind the foreclosure rate and unemployment. City Administrator Herlofsky stated since he has been here there have been discussions about the permit amount and staff has been accused of not taking a conservative amount, but every year the permits have come in higher. Staffhas made an attempt to provide numbers that are realistic and conservative. As of this year we have already met our numbers. This Council started in 2009 after the State reneged on a $180,000 payment in 2008. In 2008 we were short $180,000, we were short another $350,000 in 2009 and now for 2011 we will be short another $400,000 from the State. There has been $1 million the State has not provided to us and we have made up the difference in taxes and cuts. Councilmember May stated her opinion is the permit number is too high. Also the fmes number at $70,000 is too high. The last fmancial summary showed $30,000 or $40,000. She would like the Police Department to look at that. Mayor Larson felt the number should be cut in half. She has not seen any data to support the $70,000. Regarding interest income, she had suggested $180,000 and would like some information on how staff came up with $250,000. Finance Director Walters stated that was her original estimate. As interest rates continue to decline, she agreed, but the number has not been changed. She suggested it be changed to $180,000. Councilmember May stated regarding Police expenditures, we had mentioned the DOT for more discussion. Mayor Larson stated we have an investment in equipment for that operation. Ifwe were to cut a vehicle inspection unit, what would we save? Sergeant Murphy stated nothing. The officer's primary function is a patrol officer, he has other training which includes inspection of commercial vehicles. Along with that are the fmes generated from those inspections. Mayor Larson stated so the only gain would be from selling the equipment. Councilmember Fogarty stated it has more to do with the amount of time spent and what other things could be done during that time. The example brought to Council is that someone was pulled over for two hours and the fme was $100. What could have been done in those two hours? Sergeant Murphy stated there is also a safety factor. If the equipment is not safe and the load is dumped, it will take MnDOT and public works to clean up the road. Sergeant Murphy noted there are different levels of inspection which can take longer. He also has the scales to weigh the vehicles. Ifvehicles are over weight, they will tear up the roads quicker. Councilmember May still disagreed and felt there were more costs to the City. She would like to see that time spent elsewhere. Regarding the IT overtime and no after hours support, that is not a big number. She noted in an earlier meeting they were going to cut only half ofthat amount. Under Engineering, professional services are being cut by $30,000 and asked if that was realistic. City Engineer Schorzman stated it will impact our ability to provide service to residents and internal services. When we are at this level of cutting, it has to come from somewhere. City Administrator Herlofsky stated the EDA has asked staff to get permits through within 30 days. During the year work does not come in 1/12 each month. Because of construction season, there is more activity in the summer. A consultant for Engineering means they are out on the job or doing development review. If too many things come in at the same time, then you tap those resources. Ifthere is some flexibility we can do with less, but this is an attempt to provide the service when needed. Mayor Larson noted the statement, the impact of items that cannot be completed by staff will wait, says it all. City Engineer Schorzman stated 14 Council Budget Workshop November 8, 2010 Page 4 that is the true impact of this reduction. City Administrator Herlofsky stated right now the Engineering department consists of the City Engineer, two technicians, and before that we had an Assistant City Engineer and the Engineer from Bonestroo with a much larger staff in the summer. We have kept the cost down substantially over the last couple years. Councilmember Wilson stated the cost of the program for the curbside clean up is $155,000 and we are collecting about $60,000. It is $10/household. He stated the true cost of the program is $23.84/household. The Solid Waste fees are subsidizing $13.84/household. The Council has been criticized because we are charging too much for garbage. We need to put everything in the bucket where it belongs. Municipal Services Director Reiten stated with this cost and all the added service the City is getting, adds up to at least $220,000. To reduce the cost by that much, we would need a minimum of $220,000 for the general fund ifwe eliminated garbage and then you would need to have another service come in and residents would pay for that garbage service. We also use this staff for plow operators. Councilmember Wilson is not in favor of eliminating the curbside pick up portion of clean-up day. He also does not favor a furlough. Regarding the Deputy Registrar office, he asked if ISD 192 and a Deputy Registrar could both function in this building. City Administrator Herlofsky stated until he determines how much space the School District needs, yes there is enough room. The biggest concern is for the first couple years there will not be a large amount of revenue coming from this operation. Councilmember Wilson asked if staff can offer more insight into the Police Officers contract. Human Resources Director Wendlandt stated they are specifically talking about wages for 2011. Timing was everything when they settled in 2008. Both the officers and the sergeants have a 3.5% increase for 2011. The discussion is splitting that in half for 2011 and extending the contract to 2012, making it a 1.75% increase for 2011 and 2012. City Administrator Herlofsky stated the Police Department did not have to do this. They were willing to work out a fInancial situation that was more beneficial for the City and offered an opportunity for them. Councilmember Wilson agreed with Councilmember Fogarty on foreclosures and the receipt of tax payments. Cities are looking at having a reserve for that. Weare projecting a fund balance of$2.1 million. If interest comes in at $180,000 and permits come in lower than projected, and other issues come up, will we be sitting at a fund balance of $2.1 million next year? This is so tightly compact that there is no margin for error and $2.1 million is not an ideal fund balance. City Administrator Herlofsky stated over the last couple years we have had a 5% advantage. Revenues have been close, but expenditures have been 5% lower. What hurt us is the State not providing funds. We do not see the fund balance increasing for 2011. Councilmember Wilson stated ifwe have weather events that cause an expense, we will be close. He felt like Council in July recommended option 3, reducing sta~ to address the issue. He is not comfortable with option 3, but that is what Council suggested. Very few people are interested in paying more for taxes and would rather see the City cut back and preserve essential services. We have the ability to compensate for reductions in staff because we are seeing reductions in revenue. What he has seen for the past month or two is a lot of different minutias with the attempt to preserve a position or two. He complimented the City Administrator for wanting to do that, but we do not have the revenues to support the staffmg we have right now. The entire staff of the City is being put at risk because we are afraid to prioritize the critical positions. Everyone that is an employee is important, but there are some City functions that are more important than others. The Police is more important than forestry; Fire is more important than parks. Getting the snow cleared is 15 Council Budget Workshop November 8, 2010 Page 5 more important than some other things. One thing he has tried and not been able to do is to prioritize the budget from A-Z. Mayor Larson stated the fund balance is tightly compact and is cut down to bear bones. He asked what number for reductions Council is comfortable with. Do we want $400,000 or $500,000 or somewhere in the middle? Councilmember Wilson stated ideally he would like to see $500,000 and use the extra for a buffer. Councilmember May agreed the $500,000 reduction would provide a buffer. Councilmember Fogarty stated when she suggested setting the preliminary levy at $400,000 vs. $500,000, it was with the caveat she wanted to keep the option for the Deputy Registrar. She would be comfortable with $400,000, but wanted the Deputy Registrar in this facility in 2011. If Council is not interested in the Deputy Registrar, then she would look at $450,000 - $475,000. She would like to believe they could get $500,000, but does not know if it is possible. Councilmember Wilson was concerned with the $30,000 cut in Engineering and what that means. City Engineer Schorzman stated depending on what comes in, this would be plan review, plat review, and issues for Municipal Services. Issues would be prioritized. City Administrator Herlofsky noted Dave Sanocki is the one we are talking about for $30,000. City Engineer Schorzman is concerned with the loss of experience because he has been here a long time. Mayor Larson stated $30,000 would mean keeping Dave Sanocki. City Engineer Schorzman stated it would mean having Bonestroo down here day to day. Councilmember May stated we talked about this last year that it has to be cut eventually or bring him into the fold. Councilmember Fogarty understood loosing the history. Sometimes the knowledge of why something was done is just as important as what was actually done. City Engineer Schorzman stated ideas regenerate themselves over time. What does not regenerate is if an idea was tried and did not work. City Administrator Herlofsky stated the $30,000 is the general fund portion Dave earns when helping with day to day things. When he works with a project that can be billed, the project is billed. How can we have an engineer for $30,000? Councilmember May stated that is a small portion. She did not want residents to think that is all we spend on that service. Mayor Larson asked if we eliminate the $30,000 and something does come up, what would we spend without him here? Will this cost us money in the long run? City Engineer Schorzman stated any decision like this has that potential. The true impact will be response times. We have capable staff, but it is a matter of how thin can we spread them. We would have to prioritize. Councilmember Wilson felt we need to prioritize what Council wants to do and then the money will fall into place. He does not know what the difference will be between $400,000 and $500,000; it might be the reduction of a staff person, but then how does that affect everything else. Councilmember May stated it comes down to prioritizing. If things pick up, then we would have to adjust the budget upwards, but we cannot go on paying out the kind of money we are for this extra service. Ifwe are at that point, then we need to decide if it would be cheaper to hire another engineer. If this cut is having a detrimental affect, then staff needs to let us know. City Engineer Schorzman stated even after the $30,000 reduction, there is still $15,000 left in the budget for professional services. Mayor Larson stated therein lays the problem with all this paperwork. We do not have everything we need. Seeing a $30,000 reduction to him means this item is gone. City Engineer Schorzman stated the $30,000 eliminates the day to day interaction we have now. There are other things we do with that line item that we need to continue to do. Mayor Larson realized all the information can be found somewhere, but it would be nice if it was all right here. Councilmember May suggested having a cross reference. City Engineer Schorzman stated he would still give a set of new development 16 Council Budget Workshop November 8, 2010 Page 6 plans to Dave for a cursory review, but staff would review it frrst. Councilmember Fogarty recognized what an asset this service is and Council is aware what they are asking staff to cut. She was confident staff would prioritize the work. Mayor Larson stated ifwe do have a Deputy Registrar office, he wants to start small with a full time person and a couple back up people and fill positions as it builds. He stated we do have people here that he was assuming could backup this office. Mayor Larson asked again if Council was comfortable with the $400,000 in cuts staff provided as far as office supplies, no color copies, reducing professional services, no overtime in IT. We have mandated employee training in Human Resources that will be cut. Human Resources Director Wendlandt stated the professional services will be cut, but she will do as much of that training as time allows. She has found some training at no cost to the City. Mayor Larson asked if Council was okay with eliminating security training in IT. Human Resources Director Wendlandt stated we did a security audit on the system in 2010 and we were compliant. This was cut for 2011, but it will be in the budget for 2012. Councilmember May stated she said no to using cable franchise fees for salaries. She also said no to cutting after hours IT support, and she was okay with the explanation for mandated employee training. Mayor Larson noted we also lost money in interest so we have to make that up. Councilmember May asked about adding the $72,900 back in for the Fire pension. Finance Director Walters stated it was not in the budget and needs to be put back in. We have a voluntary layoff that covered that. Finance Director Walters stated we are down to $300,000 with these changes by adding $70,000 in revenue and add back in the $30,000 in expenditures you are down to $300,000 in cuts rather than $400,000. Councilmember Wilson asked ifwe were looking at $300,000 in cuts because of adding back in the $30,000 in engineering. Councilmember Fogarty replied no, that is because of the interest being at $180,000 rather than $250,000. She was comfortable with the licenses and permits and fmes numbers because ofthe two CDA projects. Councilmember Wilson stated on the interest we are going down $70,000 to $180,000. The other $23,000 is not using cable franchise fees for salaries. Councilmember Fogarty confirmed the furlough is off the table. Council agreed. Also eliminating curbside clean up is off the table. Option 3 for staff reductions is open and we are comfortable with leasing City Hall after seeing concrete numbers. Mayor Larson did not think we could get to $500,000 in reductions. He felt we could get closer to $425,000 in reductions and was in favor of option 3, reducing staff. Councilmember Fogarty stated we need to give staff direction on fmes and permits. Mayor Larson stated we know we have permits coming for the townhomes and senior housing. Right now we are at 82 permits, up from last year. Councilmember Wilson asked how much revenue will be coming in from these projects. City Administrator Herlofsky will check with the Building Official for an estimate. Mayor Larson stated we have $431,455 in licenses and permits. Councilmember Wilson was comfortable with the number, but at the same time there should be a buffer. Councilmember May suggested a compromise and take the $20,000 adjustment out. Council agreed. City Engineer Schorzman noted until we see plans for the senior housing, the number will be an estimate, not an accurate number. 17 Council Budget Workshop November 8, 2010 Page 7 Councilmember Fogarty asked City Administrator Herlofsky ifthere was anything he has not heard Council speak on that he will have to deal with. She wanted to make sure Council was being clear on the direction. Finance Director Walters stated she heard Council wants a more realistic number for interest and look at the number for senior housing permits. City Administrator Herlofsky asked if it was the consensus of the Council to not use the cable franchise fee for salaries. Mayor Larson asked what the $23,000 would not be used for, if it goes towards salaries. Administrative Services Director Shadick replied it would stay in the cable fund. The franchise fees can be dedicated to other areas. The PEG fees have to go to public education and government programming. It is best to use franchise fees for communications, whether it is equipment or salaries. As part of the Joint Powers Agreement, we are paying for the services of Mark Moore and the cable operators. We would still have enough ifwe use a portion for salaries. City Administrator Herlofsky noted we were short $23,000 for Parks and Recreation and this was a way to make up for that in the general fund. Councilmember Wilson felt the Council has an opportunity next year with this category. We pay $53,000 for web streaming. Administrative Services Director Shadick stated that is part of a Joint Powers Agreement with Apple Valley. Councilmember Wilson stated the fund is for equipment and operations. At the end of next year we will have a $250,000 fund balance. The purpose of this fund being set up was to payoff equipment and fund cable operations. Based on the fact we will pay off the principle next year, the fund could go away. Finance Director Walters stated this fund could be a special revenue fund and would not go away. Councilmember Wilson agreed we cannot fund a staff person from a capital acquisition fund. Councilmember Fogarty agreed. Councilmember Wilson recalled there is a split between Councilmembers on the Deputy Registrar. It is a huge decision not only to fund it, but if we reduce staff, then we have to hire more staff for this. Councilmember Fogarty stated unless we can utilize current staff for this. Mayor Larson would like to do that. City Administrator Herlofsky stated ifwe are going to provide a business operation, we have to be able to respond to the needs of the customer immediately. Staff is looking at options and having this separate from the general fund. It is not a critical element for the 2011 budget. Unless staff is told not to we will continue to work on having a Deputy Registrar office. Councilmember May noted not for 2011. Mayor Larson would like staff to continue working on this, but does not want someone sitting here waiting for customers. Mayor Larson asked if staff understood what Council wants. Finance Director Walters stated furloughs are off the table, curbside clean-up is off the table, we should look at option 3, remove $20,000 from permits and review the number, look at the interest number, and do no fund salaries out of the franchise fees. Council agreed. City Administrator Herlofsky asked what option 3 means to Council. Is Council saying they want two more positions and do not care where they are? Councilmember Fogarty stated as difficult a task as it is, the City Administrator can fmd the positions that will be the least detrimental to City Hall. It is inappropriate for Council to tell the City Administrator where the cuts should come from. He knows Council's priorities - public safety, future commercial and industrial development are high priorities. She understood the City Administrator believes every staff position should stay, but he knows the daily functions of the office. Councilmember May stated this is not a game and she did not want to be put in a position where Council has to name a position. City Engineer Schorzman stated it appears the $400,000 reduction is now at $286,000. It would be helpful for a staff discussion if we knew whether we are going up from $286,000 to $400,000 or from $286, 000 to $425,000 or 18 Council Budget Workshop November 8, 2010 Page 8 $286,000 to $500,000. Mayor Larson stated Councilmember May wanted $500,000, Councilmember Fogarty wanted $400,000 with the Deputy Registrar and without it $450,000, Councilmember Wilson wanted $450,000 - $475,000. City Engineer Schorzman stated if you go to $500,000 you are asking staff to fmd another $214,000 worth of cuts. Councilmembers felt that is not possible. Mayor Larson stated staff should go to $425,000. Council agreed. Next Council discussed franchise fees. Councilmember Fogarty stated this came about from wanting more equality in fees for seal coating. No matter what we do, this number will double because the City can no longer subsidize 50% of the cost. How we do this is up for debate. No matter how we fund it, the taxpayers will pay. Council agreed seal coating is worthwhile. Councilmember May would keep the process the same, even ifwe have to assess the full amount. It is a way for transparency and residents can have the discussion. Mayor Larson would like to see franchise fees for seal coating, but felt we are not ready yet. Councilmember May stated ifwe could put this on a City bill, that would be different. City Engineer Schorzman stated his reason for asking for a discussion was to decide if we are going to do seal coating because this is the time of year we would start working on it for next year. Without Council understanding we need to generate 100% of the cost somehow, he did not want to spend time putting a project together that would not happen. He understands Council does want to do seal coating next year. How it is paid for is Council's decision. The important thing is we identify a source of revenue that covers 100% of the cost of this project on an annual basis. Finance Director Walters stated if you assess 100% we still have to pay for the cost upfront so we will need to bond for that and the assessments will go to pay for the bond. We have to make sure we assess enough to cover the interest on the bond. City Administrator Herlofsky stated in the last three years we lost State money. We are trying to fmd a revenue stream that cannot be affected by State changes in budget that will allow us to maintain our investment in our infrastructure. Councilmember May stated we do not bond now so why do we have to bond going forward. Finance Director Walters stated we are utilizing existing cash right now. When the road and bridge fund information is brought back to Council, they will see the impact of that. We are using cash that should be for another purpose. At some point that catches up with you. Whether we have to bond every year depends on how long we stretch out the assessments. City Engineer Schorzman stated they are annual assessments, but that is something Council should think about. We are talking about an average assessment over seven years of$380/REU. Will Council expect people to come up with $380 in one year? There have been projects where we have assessed $600 over 15 years. We have to determine the breaking point as to how much people can afford in a year. City Administrator Herlofsky stated ifwe go with the franchise fee and use that as the only source of revenue, we do not have to worry about assessments. City Engineer Schorzman stated as you will reach a point as to how much we can assess in a single year vs. spreading it out over multiple years, we will also reach a point where residents say how can you assess me this much. Then you pay for appraisers to justify the assessments. He has heard residents would rather just pay for it when their turn comes around, but when you get to $300 or $400 residents may ask the City to prove the value oftheir home went up that much. City Administrator Herlofsky stated if franchise fees are collected for a year, that would provide us with the money to pay it off and there would not be any bonding. It would be a smooth process from one year to the next and the money would remain in the seal coating fund. 19 Council Budget Workshop November 8, 2010 Page 9 Mayor Larson's concern with the franchise fee was the type of meter. Who cares what type of meter it is? He wanted to know ifwe can do something about that. City Engineer Schorzman stated he looked at how much in a seven year cycle residential pays vs. non-residential. It is an 80/20 split. Going backwards, assuming we maintain the 80/20 split~ there are numerous ways to breakup the non-residential or we can say this is the number of non-residential and they all pay the same. Mayor Larson stated ifwe did the 100% assessment and they pay $600~ but we go to franchise fee and they pay $1,000, the fairness is not there. He did not want people paying 50% more just because we go to franchise fees. He wanted to equal the amount between 100% assessment and franchise fees. City Administrator Herlofsky noted staff did provide information on this and we will provide that information again. Councilmember Wilson would be open to franchise fees if there was some sense on the business end. Staff does not have to use the formula from the utility companies. City Administrator Herlofsky stated staff told the utility companies the amount needed, and they provided the information. City Engineer Schorzman adjusted the method to get back to the pattern of payment established with the current method. The utility companies would not want to have a competitive advantage go to one utility provider. Mayor Larson asked staff to bring back numbers closer to what residents would pay if they were 100% assessed. City Engineer Schorzman will use residential and non-residential rates. Some will go up and some will go down. As far as ag land, it is not assessed now and would not be because they do not have electric or gas meters. Some have operations that do have electric and gas meters and those people would pay on those parcels. He suggested doing franchise fees with a sunset until we have the ability to do a street utility. In the meantime we have a steady revenue stream. Mayor Larson stated the $380 will be difficult for some people to come up with. He asked staff to bring back another model. Councilmember Fogarty felt there was a solid consensus to continue seal coating. Councilmember Wilson stated there could still be a small problem with not having the revenue in 2011 to cover it. City Engineer Schorzman stated the franchise fee will have a shorter gap and will close itself over time; assessments will not. Mayor Larson asked what seal coating cost in 2009 and 2010 and the amount of the assessment. Staff will provide this information. City Administrator Herlofsky wanted to make it clear if Council wants to continue seal coating in 2011, they need to make a decision very soon on franchise fees before the letting of bids. Council set another budget workshop for November 22, at 6:30 p.m. Staffwill advise ifwe need to set a workshop sooner. MOTION by Fogarty, second by Wilson to adjourn at 9:04 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 20 /6 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Various Licenses and Permit Renewals DATE: November 15, 2010 INTRODUCTIONI DISCUSSION Per City Code the City Council has the authority to approve both On-Sale and Off-Sale Beer Licenses, grant Cigarette Licenses, Billiards Licenses and Gaming Device Licenses. The following establishments have submitted their applications for renewal: Beer On-Sale - Fountain Valley Golf Course, 2830 220th Street West B & B Pizza, 216 Elm Street Pilot Knob Pizzeria, 18500 Pilot Knob Road Farmington Billiards, 933 8th Street Beer Off-Sale - K wik Trip, 217 Elm Street Kwik Trip, 18290 Pilot Knob Road Fountain Valley Golf Course, 2830 220th Street West Econofoods, 115 Elm Street Cigarette License - Farmington Municipal Liquor Store, 18350 Pilot Knob Road Farmington Municipal Liquor Store, 109 Elm Street Farmington Amcon, 957 8th Street K wik Trip, 217 Elm Street Kwik Trip, 18290 Pilot Knob Road CVS Pharmacy, 19605 Pilot Knob Road Econofoods, 115 Elm Street American Legion Post #189, 10 North 8th Street Billiards License - Farmington Billiards, 933 8th Street Gaming Device License - Farmington Lanes, 27 5th Street B & B Pizza, 216 Elm Street Farmington Billiards, 933 8th Street qJ/ The appropriate forms, fees and insurance information have been submitted with the applications. The applications have also been reviewed and approved by the Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2010 budget. ACTION REOUESTED Approve Licenses for the above mentioned applicants. Respectfully submitted, ~~/ Lisa Shadick, CMC Administrative Services Director c?.;? 17~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 280-6800 Fax (651) 280-6899 www.ci.farmington.mn.us TO: Mayor, CounciImembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Labor Negotiation Settlement - Farmington Police Sergeants Association DATE: November 15,2010 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's discussions with the Police Sergeants regarding amending their collective bargaining agreement. DISCUSSION The City met with the Farmington Police Sergeants Association regarding their collective bargaining agreement and reached an agreement to amend their 2009-2011 collective bargaining agreement effective January 1, 2011. This agreement amends the current wage provisions and extends the collective bargaining agreement through 2013. The current contract provided a three and one half percent (3.5%) increase in 2011. The amended agreement provides for a one and three quarter percent increase (1.75%) in each of the three years of the contract. The City will continue to contribute a flat rate amount for group insurance provided by the City; and the insurance contribution will equal fifty percent (50%) of the increase or decrease of the mid-level plan. BUDGET IMPACT As a result ofthis settlement, the costs negotiated with the Farmington Police Sergeants bargaining unit result in a decrease in the 2011 budget. ACTION REOUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the police sergeants. Respectfully submitted, ;,4di~:/~t Brenda Wendlandt, SPHR Human Resources Director cc: file 23 RESOLUTION NO. R -10 A RESOLUTION APPROVING WAGE ADJUSTMENTS BETWEEN THE CITY OF FARMINGTON AND THE FARMINGTON POLICE SERGEANTS ASSOCIATION FOR THE CONTRACT YEARS 2011 THROUGH 2013. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 15th day of November, 2010 at 7 :00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington recognizes the Farmington Police Sergeants Association as the exclusive bargaining representative under M. S. Chapter 179A, for the police sergeants classifications identified in the collective bargaining agreement; WHEREAS, the City has negotiated in good faith with representatives of the Farmington Police Sergeants Association for the purpose of reaching an amended and extended collective bargaining agreement for the contract years 2011,2012 and 2013; and WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of Farmington Police Sergeants Association in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) Amended the 2011 wage adjustment from three and one-half percent (3.5%) to one and three-quarter percent (1.75%) effective the 1 st day of January, 2011. 2) A one and three-quarter percent (1.75%) wage adjustment effective the 1st day of January, 2012. 3) A one and three-quarter percent (1.75%) wage adjustment effective the 1st day of January, 2013. 4) The City contribution will be adjusted by an amount that equals fifty percent (50%) of the increase or decrease of the mid-level plan. Adopted by the Farmington City Council this 15th day of November, 2010. Todd Larson, Mayor Attested to the day of November 2010. Peter Herlofsky, City Administrator SEAL 24 7d City of Farmington 430 Third Street I'-MIllington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.mrmingtI111.nm.L1...; TO: Mayor, Councilmembers, City Administrator FROM: Jennifer Dullum SUBJECT: MN Cities Storm water Coalition Annual Membership Renewal DATE: November 15, 2010 INTRODUCTION The Minnesota Cities Stormwater Coalition (MCSC) is a fee-based service that assists cities and storm water professionals with the implementation of various federal and state storm water requirements. In addition, MCSC provides regulated cities with consistent professional representation with state agencies involved in stormwater compliance activities. The mission of the MCSC is to protect Minnesota's water resources by ensuring that policies, procedures, rules and legislation adopted by state water resource management agencies and other regulator entities are both meaningful and manageable for the over 90 regulated parties (cities). DISCUSSION MCSC is a watchdog who advocates for cities with those agencies that regulate water quality. The MCSC strives to protect water quality while ensuring regulations have an achievable goal. Both Kevin Schorzman and I attend annual meetings put on by the MCSC. We also attend various meetings at the MN Pollution Control Agencies with other member cities when changes are proposed to current regulations. When changes are proposed, the MCSC meets to either accept, suggest changes, or challenge the new language. The MCSC has one voice of over 90 cities to work towards acceptable storm water regulations. Attached is a memo detailing the past years accomplishment by the MCSC and upcoming work for 2011. BUDGET IMPACT The annual support requested is $875, which would come from the City's storm water fund. 25 ACTION REOUESTED Approve the expenditure of$875 to support the Minnesota Cities Storm water Coalition. Respectfully Submitted, Jennifer Dullum Natural Resource Specialist cc: file 26 ~ ~ LEAGUE OF MINNESOTA CITIES Ml nll&Sota C[tl-es Stormwater Coalltroll CONNE~TING & INNOVATING SINCE 1913 To: From: Members of the' MCSC Jim Hafner, MCSC Steering Committee Chair and Kev~Frazell, Director of Member Services, LMC October 2010 Annual Membership Renewal Date: Re: Thanks to you and your city for being one the over 90 members of the Minnesota Cities Stormwater Coalition (MCSC), a service of the League of Minnesota Cities (LMC). Those of us who were involved in fOrmlng the group more than four years ago feel that our collaborative approach has been extremely successful in advocating the interests of MS4 cities with the MPCA and other state regulatory agencies. We believe the result of our work is more reasonable state regulations and stormwater programs that repay our MCSC dues dollars many times over. MCSC is a great example of how cities, by working together, can participate fully in shaping regulations, policy, and programs at the State level. Just a few ofMCSC's major accomplishments over the past year are: · Periodic E-mail distributions on subjects of immediate concern and interest to MS4 cities, such as the MS4 auditing program and stormwater pond dredging · Advocacy and information to members on grants under the Legacy Amendment, 319, Economic StiniUlus, BWSR, DNR,' arid other funding programs -.. · Representation and advocacy of cities' concerns and iriterests at the State level including: o Antidegradation ruleniaking . o 8410 Rulemaking - Local Water Management Planning o Protocols for stakeholder participation in TMDL's o Comments on draft Industrial Stormwater Permit and MPCA air and water fees o Lake Pepin TMDL MS4 Stakeholder Advisory Group o Participation in MN Stormwater Steering Committee For the upcoming year we anticipate work on development of the next .MS4 General Permit, development of the Lake Pepin TMDL Implementation Plan, antidegradation rulemaking, and the U of M Statewide Sustainable Water Resource Framework to name just a few. Beginning with February 2010, we have made arrangements to expand the amount of time that our consultant, Randy Neprash of Bon est roo, can devote to the work ofMSCS without a significant increase in our budget. But we do need your continued participation to keep this important work moving forward. An invoice for your annual dues for the period of September 1, 2010 - 2011, with no increase over the current year, is enclosed. We hope you will renew your city's membership right away. . Jim Hafner, MCSC Chair Stormwater Manager, City of Blaine 763-785-6188 ihafner@ci.blaine.mn.us Kevin Frazell LMC Director of Member Services 651-281-1215 kfrazell@lmc.org 145 UNIVERSITY AVE. WEST ST. I'AUL. MN 5S103~2044 PHONE: (651) 281-1200 FAX: (651) 281-1299 TOLL FItEEl (800) 925-1122 WEB: www.LMC.OItG 27 ~ ..... ....: ~ o ~ . :c t ::: (l. ~ i I G ~ ~ I ~ 0 'a @ B ~ u. o o~ .--10 o N .. It) .--I ~ f:E1 ~ g Z t.!J Z H E-f f:E1 ~ 13 'C 'l5 '" -8 ~ r 9 !l 'C ! ! 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Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: 2010 License Renewal Public Hearing DATE: November 15,2010 INTRODUCTIONIDISCUSSION Per City Code, a public hearing must be held to issue or renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine Licenses, Club Licenses and Therapeutic Massage Licenses. The required applications, fees and insurance information have been submitted for renewal and have been reviewed and approved by the Police Department for the following establishments: On-Sale Liquor: Farmington Lanes Long Branch Saloon and Eatery Cancun Restaurant American Legion Post # 189 Blondie's Tavern Celt's Pub & Grill On-Sale Sunday: Farmington Lanes Long Branch Saloon and Eatery VFW Club Post #7662 Cancun Restaurant American Legion Post #189 Blondie's Tavern Celt's Pub & Grill On-Sale Wine & On-Sale Malt Liquor: B & B Pizza Pilot Knob Pizzeria Club Licenses: VFW Club Post #7662 ,50 Therapeutic Massage: Debbi Odegard Jill Loosbrock Denson Malone Sherry Jackson Michelle Connors An extension of the public hearing is requested for the license renewals for Weng's Kitchen and the Ugly Mug. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2010 budget. ACTION REOUlRED Approve the On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Intoxicating Malt Liquor and On-Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, ~t?~~ Lisa Shadick, CMC Administrative Services Director 5/ / {)a., City of Farmington 430 Third Street ....armington. Minnesota 651.280.6800. Fax 651.280.6899 www.ci.fanningtnn.mll.LL.l TO: Mayor, CounciImembers, City Administrator FROM: Kevin Schorzman, P .E., City Engineer SUBJECT: Change Order #3 and Final Pay Request- Dushane Parkway Extension Project DATE: November 15,2010 INTRODUCTION Council awarded the Dushane Parkway Extension Project at the September 8, 2009, City Council meeting. The following items are added or modified by this change order: . Work at both intersections of Dushane Parkway and Spruce Street ($1,820.70) . Adjusting existing bid quantities to actual quantities used (-85,447.87) DISCUSSION Item A of this change order is being added to compensate the contractor for additional work required at both intersections of Dushane Parkway and Spruce Street. As part of the project, the existing lights at the intersections of Dushane and Spruce needed to be relocated due to construction. Following construction of the new light bases, a surveying error was discovered that required the curb and gutter and the light bases to be modified. The total cost of these modifications was $1,820.70. Due to the fact that a surveying error was responsible for a portion of the additional work, the company that did the surveying has already given the City $1,354.00 to cover the costs associated with the surveying error. Therefore, the additional project cost of this item is $466.70. Item B of the change order is included to adjust the original contract quantities to the quantities actually used during construction. On past projects change orders were only done to add items to contracts. However, this method adjusts all of the items in the contract up or down, based on what was actually used in the field, so that the fmal contract amount is equal to the total paid to the contractor for the project. It is also intended to provide Council with a clear picture of the overall total cost of changes to the project. BUDGET IMPACT The total change order amount is -$83,626.67, and including all change orders on the project, the fmal contract amount is $680,823.57. The original contract amount was $697,329.20. 52 Dushane Parkway Change Order #3 November 15,2010 Page 2 of2 ACTION REOUESTED By motion, approve Change Order #3 for the Dushane Parkway Extension Project in the amount of -$83,626.67, and approve the Final Pay request for the project in the amount of 46,197.98. Respectfully Submitted, Kevin Schorzman, P .E. City Engineer cc: file 53 Date October 26 2010 Bond No: 1041665 CHANGE ORDER NO. 3 2009 DUSHANE PARKWAY EXTENSION PROJECT CITY OF FARMINGTON PROJECT NO. 09-07 crrY'COPY DescrlDtlon of Work The following changes address Improvements along Dushane Parkway: A) Part A Is for work completed at the Intersection of Dushane Parkway and Spruce Street at both the east and west locations. Additional work was necessary based on the Incorrect elevation of light pole base staked In the field. The change order accounts for the reinstallation of the concrete curb and gutter, the extension of the light pole base, and additional labor associated with the field changes. Note that the City received a credit from the engineer M & P Associates to cover cost of the reinstallation of the concrete curb and gutter and extension of light pole base. B) Part B Is the balance of Items used for the construction of Dushane Parkway. PART A . STREETSCAPE Contract Unit Total Item Item No Item Unit Quantity Price Amount A 981 REINSTALLATION B618 CONCRETE CURB LF 130 $9.30 $1,209.00 AND GUTTER A 98J EXTENSION UGHT POLE BASE '; : EA 1 $145.00 $145.00 A 98K LABOR LS 1 $466.70 $466.70 PART A SUB TOTAL $1,820.70 PART B . BALANCE Original New Balanced Item Item No Item Unit Quantity Quantity Unit Price Amount B 3 DEWATERING LS 1 0 $1.00 ($1.00) 8" PVC SANITARY SEWER, SDR 35, 8'-10' B 5 DEEP LF 680 659 $15.40 ($323.40) B 8 JET/CLEAN SANITARY SEWER LF 680 659 $1.80 ($37.80) B 9 CLOSED CIRCUIT 1V INSPECTION LF 680 659 $1.80 ($37.80) B 10 IMPROVED PIPE FOUNDATION, PER LF 680 0 $0.01 ($6.80) B 13 4" PVC SCH 40 SERVICE PIPE LF 45 50 $14.00 $70.00 B 20 16" DIP WATER MAIN, CL. 51 LF 310 308 $51.00 ($102.00) B 21 8" DIP WATER MAIN, CL. 52 LF 730 745 $23.00 $345.00 B 22 DUCTILE IRON FITTINGS LB 6300 6308 $1.30 $10.40 B 26 INSULATION, 4" THICK SY 5 1.8 $25.00 ($80.00) B 27 IMPROVED PIPE FOUNDATION, PER 6" LF 1040 0 $0.01 ($10.40) B 28 1-1/2"1YPE "K" COPPER WATER SERVICE LF 60 52 $20.00 ($160.00) B 29 8" DIP WATER SERVICE, CL. 52, INC. LF 320 329 $32.00 $288.00 B 34 2" 1YPE "K" COPPER WATER SERVICE LF 40 38 $30.00 ($60.00) B 36 15" RCP STORM SEWER, ClASS 5 LF 290 279 $22.30 ($245.30) B 37 18" RCP STORM SEWER, ClASS 5 LF 85 78 $24.00 ($168.00) B 38 21" RCP STORM SEWER, CLASS 4 LF 300 296 $25.30 ($101.20) B 39 33" RCP STORM SEWER, CLASS 4 LF 340 292 $41.50 ($1,992.00) B 40 36" RCP STORM SEWER, CLASS 3 LF 340 329 $48.00 ($528.00) B 41 48" RCP ARCH STORM SEWER, ClASS 2 LF 277 280 $93.00 $279.00 Chango Order 3 Dushane Parkway llxtension.xls 54 , >. Original New Balanced Item Item No Item Unit Quantity Quantity Unit Price Amount B 49 INLET PROTECTION PER DETAIL ERO-04 EA 9 0 $80.00 ($720.00) B 50 INLET PROTECTION PER DETAIL ERO-12 EA 9,1' 10 $80.00 $80.00 B 51 JET/ClEAN STORM SEWER PIPE IF 1650' 0 $2.50 ($4,125.00) B 56 SAWING BITUMINOUS PAVEMENT IF 400 256 $2.50 ($360.00) B 57 REMOVE BITUMINOUS PAVEMENT SY 380 213 $2.00 ($334.00) B 58 REMOVE CURB AND GUTTER IF 260 276 $8.00 $128.00 B 59 REMOVE CONCRETE SIDEWALK SF 700 1300 $2.00 $1,200.00 B 60 SUBGRADE EXCAVATION (EV) CY 6,500 2200 $3.00 ($12,900.00) B 61 GRANULAR BORROW (CV) CY 9,000 5270 $8.30 ($30,'959.00) B 63 AGGREGATE BASE, CLASS 5, 100% TN 4,700 5211 $9.70 $4,956.70 B 64 lYPE LV 3 NON WEARING COURSE TN 900 948 $45.00 $2,160.00 B 65 lYPE LV 3 WEARING COURSE MDITURE TN 2,400 2469 $47.00 $3,243.00 B 66 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,000 1500 $3.00 $1,500.00 B 67 SAW AND SEAL IF 2,700 1963.5 $1.95 ($1,436.17) B 68 B618 CONCRETE CURB AND GUlTER IF 1,900 2168 $9.30 $2,492.40 B 69 8612 CONCRETE CURB AND GUTTER LF 2,100 1789 $8.00 ($2,488.00) B 70 VAllEY GUlTER LF 580 536 $16.00 ($704.00) B 71 CONCRETE PEDESTRIAN RAMP SF 1,170 498 $4.00 ($2,688.00) B 72 TRUNCATED DOME PANEL SF 130 108 $36.00 ($792.00) B 73 24" STOP BAR - EPOXY LF 80 0 $10.00 ($800.00) B 74 18" STOP BAR - EPOXY LF 100 0 $9.00 ($900.00) B 75 411 SOLID LINE, YELLOW EPOXY LF 3,300 0 $0.50 ($1,650.00) B 76 4" SOLID LINE, WHITE EPOXY LF 800 0 $0.50 ($400.00) B 77 411 10/30 SKIP, YELLOW EPOXY LF 600 0 $0.50 ($300.00) B 78 411 10/30 SKIP, WHITE EPOXY LF 800 0 $0.50 ($400.00) B 79 411 10/30 SKIP, WHITE LATEX PAINT LF 600 1050 $0.25 $112.50 B 80 12" SOLID HATCHING, YEllOW EPOXY LF 400 0 $6.00 ($2,400.00) B 81 12" SOLID HATCHING, WHITE EPOXY LF 800 0 $8.00 ($6,400.00) B 82 PAVEMENT MESSAGE, TURN ARROW EA 2 0 $75.00 ($150.00) B 83 PAVEMENT MESSAGE, TURN ARROW- EA 17 0 $150.00 ($2,550.00) B 84 PAVEMENT MESSAGE, PED XING ~ EPOXY EA 4 0 $950.00 ($3,800.00) B 85 SALVAGE AND REINSTALL PAVERS SF 250 0 $12.00 ($3,000.00) B 86 INSTALL SIGN, TYPE C SF 140 108 $32.50 ($1,040.00) B 87 WATER FOR DUST CONTROL LOOO GAl 10 0 $35.00 ($350.00) B 89 SKIDSTEER (BOBCAn WITH OPERATOR HR 4.0 0 $85.00 ($340.00) B 90 TEMPORARY ROCK CONSTRUCTION EA 2 1 $500.00 ($500.00) B 91 SILT FENCE, MACHINE SLICED LF 4,100 2067 $1.00 ($2,033.00) B 92 TEMPORARY MULCH, TYPE 1 AC 3.0 6 $450.00 $1,350.00 B 93 MNDOT SEED MIX 260 lBS 240 500 $2.80 $728.00 B 94 SEEDING, BLOWN COMPOST AC 3 o $4,200.00 ($12,600.00) B 98 EROSION CONTROL BLANKET SY 3500 0 $1.00 ($3,500.00) B 98E 411 CONCRETE MEDIAN SF 6,799 6824 $3.30 $82.50 PART B SUB TOTAL $ (85,447.37) TOTAL CHANGE ORDER NUMBER 3 $ (83,626.67) Change Order 3 Dushane Perkway Ext.nsion.xIs 55 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) .1' $697,329.20 $67,121.04 -$83,626.67 $680,823.57 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: .~~~;: Date: \D-2'1-\0 Approved by Contractor: RYAN CONTRACTING CO. ~6f'~ /1J Cv---J/ 0 ' I Date Approved by Owner: CITY OF FARMINGTON Date cc: Owner Contractor Bonding Company Change Order 3 Dushane Parkway Extensionxls 56 'Ct. TV COpy . .- - . City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.timnington.mn.us .,. Contractor's Request for Payment Dushane Parkway extension Summary 1 Original Contract Amount 2 Change Order ~ Addition 3 Change Order - Deduction 4 RevIsed Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retalnage 0% 9 Subtotal 10 Less Amount Paid Previously 11 LIquidated Damages 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.8 8. Final $ $ 68.941.74 85.447.37 Request Coverage Dates to October 26. 2010 June 12. 2010 .-b., " Recommended for Approval by: $ 697,329.20 $ $ $ $ $ $ $ $ $ 680.823.67 680.823.67 680.823.57 680.823.57 634.625,59 46,197.98 ~ ~fJ2~ RIch Schimmel - City Engineering Staff Approved By Contractor: RYAN CONTRACTING CO. Approved By Owner: CITY OF FARMINGTON Teresa Walters - Finance Director Kevin Schorzman - City Engineer Date: 57 lice City of Farmington 430 Thjrd Street h.rm.ington, Minnesota 651.280.6800. Fax 651.280,6899 www.ci.mnningtlm.nm.LL.l TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P .E., City Engineer SUBJECT: Seal Coating Franchise Fee Discussion DATE: November 15, 2010 INTRODUCTION For the City's seal coat program. to continue to be funded, Council needs to establish a source of revenue to fund the program on an ongoing basis. Council was presented with the option of implementing franchise fees for gas and electric utilities at the September 20, 2010 Council meeting. This item has been discussed at two Council workshops since that time. DISCUSSION The following information is attached pertaining to the franchise fee discussion: . A chart showing historic seal coat cost information as well as projected costs used to generate fees . A spreadsheet showing historic annual seal coat project costs and the associated residential equivalent unit (REV) costs as well as projected annual seal coat project costs and the associated REU costs. . A spreadsheet showing options to establish a flat fee for residential and non-residential properties rather than the original option which was based on energy usage . A spreadsheet showing how the flat fee options compare to REV charges . A spreadsheet showing the cash flow and anticipated fund balances for each quarter beginning in 2011. The chart shows that projected costs are reasonable and follow the same trend as historic costs. The remainder of the information is provided to assist Council in the decision-making process related to how to provide long-term funding for the City's seal coat program.. 58 Seal Coat Fraru::hise Fees November 15,2010 Page 2 of2 BUDGET IMPACT Approval of this item will provide a consistent, long-term funding source for the City's annual seal coating program. For this program to continue, it is important that a funding source be identified to provide consistent cash flow to adequately fund the project and protect it from uncertainties related to other funding options. ACTION REOUESTED Approve the attached fee ordinances with Minnesota Energy Resources, Dakota Electric Association and Xcel Energy, modified per Council's direction on the appropriate fee options. Respectfully Submitted, Kevin Schorzman, P .E. 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Co) .!'i CI) .Q E'1U E e E ::J C CI);:I CI) :5 lft :5 lib I < No Contingency Contingency Quarter Revenue Expenditure Balance Expenditure i' Balance 2011 $ - $ - March $ 33,333.33 $ 36,052.62 $ (2,719.29) $ 37,855.25 $ (4,521.92) June $100,000.00 $ 36,052,62 $ 61,228.09 $ 37,855.25 $ 57,622.83 September $ 100,000.00 $ 288,420.97 $ (127,192.88) $ 302,842.01 $ (145,219,19) December $ 100,000.00 $ (27,192.88) $ (45,219.19) 2012 $ , (27,192.88 $ (45,219.19' March $ 100,000.00 $ 29.057.01 $ 43.750.12 $ 30,509.86 $ 24t270,96 June $ 100,000.00 $ 29t057.01 $ 114,693.11 $ 30,509.86 $ 93,761.10 September $ 100,000.00 $ 232,456.05 $ (17,762.93) $ 244,.078.85 $ (50,317,75 December $ 100,000.00 $ 82,237.07 $ 49,682.25 . 2013 $ 82.237.07 $ 49.682.25 March $ 100,000.00 $ 34,748.06 $ 147,489.00 $ 36485.47 $ 113,196.79 June $100,000.00 $ 34,748.06 $ 212740.94 $ 36,485.47 $ 176,711.32 September $ 100,000.00 $ 277,984.52 $ 34,756.42 $ 291,883.75 $ (15,172.43) December $ 100,000,00 $ 134,756.42 $ 84,827.57 2014 $ 134,756.42 $' 84,827.57 March $ 100,000.00 $ 35,382,35 $ 199,374.06 $ 37,151.47 $ 147,676.10 June $ 100,000.00 $ 35,382.35 $ 263,991.71 $ 37,151.47 $ 210,524.63 September $ 100,000.00 $ 283,058.82 $ 80,932,89 $297,211.76 $ 13,312.87 December $ 100,000.00 $ 180,932.89 $ 113,312,87 2015 $ 180,932.89 $ 113,312,87 March $100,000.00 $ 30,758.32 $ 250 174.57 $ 32,296.23 $ 181,016.63 June $ 100,000.00 $ 30,758.32 $ 319,416.26 $ 32,296.23 $ 248,720.4Q September $ 100,000.00 $ 246,066.5~ $ 173,349.73 $ 258,369.85 $ .90,350.55 December $ 100,000.00 $ 273,349.73 $ 190,350.55 2016 $ 273,349.73 $ 190,350.55 March $ 100,000.00 $ 57,954.79 $ 315,394.94 $ 60,852.53 $ 229498.02 June $ 100,000.00 $ 57,954.79 $ 357.440,15 $ 60,852.53 $ 268,645.49 September $ 100,000,00 $ 463,638,32 $ (6,198,17) $ 486t820.23 $ (118,174.74) December $ 100,000.00 $ 93,801,83 $ (18,174.74) 2017 $ 93,801.83 $ (18,174,74) March $100,000.00 $ 40,333.65 $ 153,468,18 $ 42,350.33 $ 39,474.92 June $ 100.000.00 $ 40,333.65 $ 213,134.53 $ 42,350.33 $ 97 124.59 September $ 100,000.00 $ 322,669.22 $ (9,534.69) $ 338,802.68 $ (141,678.09) December $ 100,000.00 $ 90,465,31 $ (41,678.09) c;, V Ordinance No. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ELECTRIC FRANCmSE FEE ORDINANCE AN ORDINANCE ESTABLISHING AN ELECTRIC SERVICE FRANCmSE FEE ON DAKOTA ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY PURSUANT TO ITS FRANCmSE. THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA ORDAINS: SECTION 1. Franchise Fee. In exchange for the franchise granted herein, Grantee (Dakota Electric Association) shall collect from its customers and pay to the Grantor an amount based on the following fee schedule after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered, and according to the terms of Section 9 of the Franchise between City and Company: Class Fee Per Premise Per Month Residential Irrigation Small General- Non-Dem General- Demand Public Street Lighting C&I Interruptible $1.60 $2.00 $2.25 $25.00 $6.00 $25.00 The amount paid by Grantee shall be in lieu of, and Grantee shall be exempt from, all other occupation, license, excise or right-of-way permit fees or taxes which the City ofFannington may impose for the rights and privileges herein granted or for the privilege of doing business within the City ofFannington, and in the event any such fee, charge, license, tax or assessment shall be imposed by the Grantor, the payment to be made in accordance with the provisions of this section shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed upon the Grantee. Ad valorem property taxes imposed generally upon all real and personal property within the City of Farmington shall not be deemed to affect the obligation ofthe Grantee under this section. SECTION 2. Collection ofthe Fee: The fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric 1 65 service to that premise,. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by the ordinance have more than one premise, each premise shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Grantee shall list the local franchise fee collected from customers as a separate item on bills for utility service issued to customers. If at any time the Minnesota Public Utilities Commission, or other authority having proper jurisdiction, prohibits such recovery, then Grantee will no longer be obligated to collect and pay the franchise fee herein contemplated. In addition, the Company may discount or reduce the fee payable for electricity delivered to a specific customer of the Company when it is required to reduce the franchise fee to retain the business of that customer. Modification or reduction of the franchise fee should occur if the fee would cause the customer to cease purchasing electricity from the Company by installing equipment to generate or purchase electricity not subject to the City's franchise fee. SECTION 3. Pavment ofthe Fee. The franchise fee shall be payable by the Company quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. The Company shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for uncollectibles, refunds or error corrections. Company shall make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. SECTION 4. Surchame. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. 2 66 SECTION 6. Effective Date. The franchise fee shall become after publication and ninety (90) days after written notice to the Company, and approval by the Minnesota Public Utilities Commission, as provided in the Franchise, and thereupon collection of the fee for all Customer Classes shall commence at the beginning of the Company's billing month. ADOPTED this _day of ,2010 by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter J. Herlofsky, Jr., City Administrator Passed and approved by the <<GovBody>> of the <<CityType>> of <<'Name>>, <<State>> on this _ day of <<MayorChr>> ATTEST: <<CityType>> Clerk 3 67 ELECTRIC FRANCmSE ORDINANCE ORDINANCE NO. CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO DAKOTA ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF FARMINGTON, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes ofthis Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Farmington, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Dakota Electric Association, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric eQ.ergy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to Dakota Electric Association, 4300 220th Street West, Farmington, MN 55024. Notice to the City shall be mailed to the City Administrator, City Hall, 430 Third Street, Farmington, MN 55024. Either party may 68 change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCmSE. 2.1 Grant of Franchise. City hereby grants Company, for a period of20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions ofthis franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. Ifa mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 69 SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation a~ part of the City improvement project. Abandoned facilities shall be subject to the provision of Minn. Rule 7819.3300. 3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. Subject to the Homeland Security Act, or other confidentiality protections under state or federal law, the Company shall provide current mapping information for its Electric Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. The Company shall provide this information electronically in a format mutually acceptable to the City and Company. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, in accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, 70 letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ll) the Public Grounds and Public Ways upon which the improvements are to be made, (ill) the extent of the improvements, (iv) the time when the City will start the work, and (v) ifmore than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Any City facilities shall be installed and maintained in accordance with the National Electrical Safety Code (NESC). SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. Company shall comply with the requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to the relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way, the City shall give Company reasonable notice of plans to vacate. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company~ at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Change to Underground. If required by the City, the Company shall change from aerial to underground, at City expense based on the Company's time and material costs in any area where: (1) the City requests underground lines and all other lines hereafter are changed from aerial to underground, or (2) any aerial line is changed to underground by the open trench method 71 and the City requests the Company to share the trench with telephone and/or cable television, and the Company can share trench at a cost not to exceed the Company's pro rata share of the cost of the trenching. The City may pay any costs incurred hereunder through a surcharge on the Company's customers located within the City. 4.4 Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.5 No Waiver. The provisions ofthis franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modifY any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnifY, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation ofthe Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnifY applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a 72 period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCmSE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential Irrigation Small General- Non-Dem General- Demand Public Street Lighting C&I Interruptible $1.60 $2.00 $2.25 $25.00 $6.00 $25.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon 73 Company by certified mail, and Company has received any necessary approvals from the Commission. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on:file with the Commission. 9.3.2 ''Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically pennitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to :first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any infonnation which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it law:fu1ly imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by 74 any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or :failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on ARplicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the :filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCmSES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,2010. Mayor 75 Attest: city Clerk Date Published: 76 Ordinance No. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA NATURAL GAS FRANCmSE FEE ORDINANCE AN ORDINANCE ESTABLISHING A NATURAL GAS SERVICE FRANCmSE FEE ON MINNESOTA ENERGY RESOURCES, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING NATURAL GAS SERVICE WITHIN THE CITY PURSUANT TO ITS FRANCmSE. THE CITY COUNCn.. OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA ORDAINS: SECTION 1. Franchise Fee. In exchange for the franchise granted herein, Grantee (Minnesota Energy Resources) shall collect from its customers and pay to the Grantor an amount based on the following fee schedule after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered and according to the terms of Section 9 of the Franchise between City and Company: CUSTOMER CLASS Residential Commercial Firm Commercial Interruptible FEE $1.60 !Month/Customer $15.00 !Month/Customer $25.00 !Month/Customer The amount paid by Grantee shall be in lieu of: and Grantee shall be exempt from, all other occupation, license, excise or right-of-way permit fees or taxes which the City of Farmington may impose for the rights and privileges herein granted or for the privilege of doing business within the City of Farmington, and in the event any such fee, charge, license, tax or assessment shall be imposed by the Grantor, the payment to be made in accordance with the provisions of this section shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed upon the Grantee. Ad valorem property taxes imposed generally upon all real and personal property within the City of Farmington shall not be deemed to affect the obligation ofthe Grantee under this section. SECTION 2. Collection of the Fee. The fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Grantee may have an account for each rate classification, which will result in more than one franchise fee assessment for natural gas service to that premise,. If the Grantee combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by the ordinance have more than one premise, each premise shall be subject to the appropriate fee. In 1 77 the event a question arises as to the proper fee amount for any premise, the Grantee's manner of billing for energy used at all similar premises in the city will control. Grantee shall list the local franchise fee collected from customers as a separate item on bills for utility service issued to customers. If at any time the Minnesota Public Utilities Commission, or other authority having proper jurisdiction, prolnbits such recovery, then Grantee will no longer be obligated to collect and pay the franchise fee herein contemplated. In addition, the Grantee may discount or reduce the fee payable for natural gas delivered to a specific customer of the Company when it is required to reduce the franchise fee to retain the business of that customer. Modification or reduction of the franchise fee should occur if the fee would cause the customer to cease purchase or transportation deliveries of natural gas from the Company by installing equipment to access the natural gas supply not subject to the City's franchise fee. SECTION 3. Pavment of the Fee. The franchise fee shall be payable by the Grantee quarterly and shall be based on the amount collected by Grantee during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for natural gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. No franchise fee shall be payable by the Grantee if the Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Grantee's applicable rates for natural gas service. Grantee may pay the Grantor the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. The Grantee shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined. Including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for uncollectibles, refunds or error corrections. Grantee shall make its records available for inspection by the Grantor at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers SECTION 4. Surchare:e. The Grantor recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Grantee will surcharge its customers in the City the amount of the fee. SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. SECTION 6. Effective Date. The franchise fee shall become effective after publication and ninety (90) days after written notice to the Company and approval from the Minnesota Public Utilities Commission, as provided in the Franchise but not before. 2 78 ADOPTED this _day of , 2010 by the City Council of the City of Farmington. CITY OF FARMINGTON By: ATTEST: SEAL Approved as to form the day of By: Todd Larson, Mayor Peter J. Herlofsky, Jr., City Administrator 2010. By: City Attorney 3 79 Ordinance No. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA NATURAL GAS FRANCmSE FEE ORDINANCE AN ORDINANCE ESTABLISHING A NATURAL GAS SERVICE FRANCmSE FEE ON MINNESOTA ENERGY RESOURCES, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING NATURAL GAS SERVICE WITHIN THE CITY PURSUANT TO ITS FRANCmSE. THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA ORDAINS: SECTION 1. Franchise Fee. In exchange for the franchise granted herein, Grantee (Minnesota Energy Resources) shall collect from its customers and pay to the Grantor an amount based on the following fee schedule after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered: . CUSTOMER CLASS FEE Residential $ /Month/Customer Commercial Firm $ /Month/Customer Commercial Interruptible $ /Month/Customer Industrial Firm $ /Month/Customer Industrial Interruptible $ /Month/Customer Transportation $ /Month/Customer The amount paid by Grantee shall be in lieu of, and Grantee shall be exempt from, all other occupation, license, excise or right-of-way permit fees or taxes which the City of Farmington may impose for the rights and privileges herein granted or for the privilege of doing business within the City of Farmington, and in the event any such fee, charge, license, tax or assessment shall be imposed by the Grantor, the payment to be made in accordance with the provisions of this section shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed upon the Grantee. Ad valorem property taxes imposed generally upon all real and personal property within the City of Farmington shall not be deemed to affect the obligation of the Grantee under this section. SECTION 2. Collection ofthe Fee: The fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for natural gas service to that premise,. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by the ordinance have more than one premise, each premise shall be subject to the appropriate fee. 1 80 In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Grantee shall list the local franchise fee collected from customers as a separate item on bills for utility service issued to customers. If at any time the Minnesota Public Utilities Commission, or other authority having proper jurisdiction, prohibits such recovery, then Grantee will no longer be obligated to collect and pay the franchise fee herein contemplated. In addition, the Company may discount or reduce the fee payable for natural gas delivered to a specific customer of the Company when it is required to reduce the franchise fee to retain the business of that customer. Modification or reduction of the franchise fee should occur if the fee would cause the customer to cease purchase or transportation deliveries of natural gas from the Company by installing equipment to access the natural gas supply not subject to the City's franchise fee. SECTION 3. Pavment ofthe Fee. The franchise fee shall be payable by the Company quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for natural gas service in each class. The payment shall be due the last business day ofthe month following the period for which the payment is made. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for natural gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. The Company shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined. Including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for uncollectibles, refunds or error corrections. Company shall make its records available for inspection by the City at reasonable times. SECTION 4. Surchame. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. SECTION 6. Effective Date. The franchise fee shall become after publication and ninety (90) days after written notice to the Company as provided in the Franchise, and thereupon collection of the fee for all Customer Classes shall commence at the beginning of the Company's billing month. ADOPTED this _day of ,2010 by the City Council of the City of Farmington. 2 81 CITY OF FARMINGTON By: ATTEST: By: Peter J. Herlofsky, Jr., City Administrator Todd Larson, Mayor Passed and approved by the <<GovBody>> of the <<CityType>> of <<'Name>>, <<State>> on this _ day of ATTEST: <<CityType>> Clerk 3 82 <<MayorClm> Ordinance No. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ELECTRIC FRANCHISE FEE ORDINANCE AN ORDINANCE ESTABLISHING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, DIBI A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY PURSUANT TO ITS FRANCHISE. THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA ORDAINS: SECTION 1. Franchise Fee. In exchange for the franchise granted herein, Northern States Power Company, a Minnesota corporation (NSP) and City of Farmington (City) shall collect from its customers and pay to the City an amount based on the following fee schedule after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered, and according to the terms of Section 9 of the Franchise between City and Company: Class Fee Per Premise Per Month Residential Small General- Non-Demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-Demand Municipal Pumping $ 1.60 $ 2.25 $ 25.00 $ 75.00 $ 6.00 $ .50 $10.00 The amount paid by NSP shall be in lieu of, and NSP shall be exempt from, all other occupation, license, excise or right-of-way permit fees or taxes which the City of Farmington may impose for the rights and privileges herein granted or for the privilege of doing business within the City of Farmington, and in the event any such fee, charge, license, tax or assessment shall be imposed by the City, the payment to be made in accordance with the provisions of this section shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed upon the NSP. Ad valorem property taxes imposed generally upon all real and personal property within the City of Farmington shall not be deemed to affect the obligation of the NSP under this section. SECTION 2. Collection of the Fee: The fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise,. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification 1 83 for energy delivered to that premise. In the event any entities covered by the ordinance have more than one premise, each premise shall be subject to the appropriate fee. In the event a question arises as to the proper fee amoilllt for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. NSP shall list the local franchise fee collected from customers as a separate item on bills for utility service issued to customers. If at any time the Minnesota Public Utilities Commission, or other authority having proper jurisdiction, prohibits such recovery, then NSP will no longer be obligated to collect and pay the franchise fee herein contemplated. In addition, the Company may discoilllt or reduce the fee payable for electricity delivered to a specific customer of the Company when it is required to reduce the franchise fee to retain the business of that customer. Modification or reduction of the franchise fee should occur if the fee would cause the customer to cease purchasing electricity from the Company by installing equipment to generate or purchase electricity not subject to the City's franchise fee. SECTION 3. Payment of the Fee. The franchise fee shall be payable by the Company quarterly and shall be based on the amoilllt collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. No franchise fee shall be payable by Company if Company is legally illlable to first collect an amoilllt equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to accoilllt for illlcollectibles, refunds and correction of erroneous billings. The Company shall provide at the time of each payment a statement summarizing how the franchise fee payment was detennined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to accoilllt for illlcollectibles, refunds or error corrections. Company shall make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amoilllt paid by any identifiable customer or customers or any other information regarding identified customers. SECTION 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amoilllt of the fee. SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. SECTION 6. Effective Date. The franchise fee shall become after publication and ninety (90) days after written notice to the Company, and approval by the Minnesota Public Utilities Commission, as provided in the Franchise, and thereupon collection of the fee for all Customer Classes shall commence at the beginning of the Company's billing month. ADOPTED this _day of , 2010 by the City COilllci1 of the City of Farmington. 2 84 CITY OF FARMINGTON By: ' Todd Larson, Mayor ATTEST: By: Peter J. Herlofsky, Jr., City Administrator Passed and approved by the City Council of the City of Farmington, State of Minnesota on ,2010. Mayor Attest: City Administrator 3 85 ELECTRIC FRANCmSE ORDINANCE ORDINANCE NO. CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF FARMINGTON, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Farmington, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by' City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, dfb/a Xcel Energy, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to Xcel Energy, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City 1 86 Administrator, City Hall, 430 Third Street, Farmington, MN 55024. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCmSE. 2.1 Grant of Franchise. City hereby grants Company, for a period of20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City~ by Council resolutio~ may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used~ or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 2 87 SECTION 3. LOCATION. OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. Abandoned facilities shall be subject to the provision of Minn. Rule 7819. 3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 2l6D. Subject to the Homeland Security Act, or other confidentiality protections under state or federal law, the Company shall provide current mapping information for its Electric Facilities in accordance with the requirements of Minnesota rules Part s7819.4000 and 7819.4100. The Company shall provide this information electronically in a format mutually acceptable to the the City and Company. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, in accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, 3 88 letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (ill) the extent of the improvements, (iv) the time when the City will start the work, and (v) ifmore than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. Any City facilities shall be installed and maintained in accordance with the National Electrical Safety Code (NESC). SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. Company shall comply with the requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to the relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way, the City shall give Company reasonable notice of plants to vacate. If a relocation is ordered within five years or a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company~ at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Change to Underground. If required by the City, the Company shall change from aerial to underground, at City expense based on the Company!) time and material costs in any area where: (1) the City requests underground lines and all other lines hereafter are changed from aerial to underground, or (2) any aerial line is changed to underground by the open trench method 4 89 and the City requests the Company to share the trench with telephone and/or cable television, and the Company can share trench at a cost not to exceed the Company!) pro rata share of the cost of the trenching. The City may pay any costs incurred hereunder through a surcharge on the Company's customers located within the City. 4.4 Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof: unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.5 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of: Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner", of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a 5 90 period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City~ shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation ofa Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCmSE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate orclinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential Sm C & I - Non-Dem Sm C &I-Demand Large C & I Public Street Ltg Muni Pumping -N /D MuniPumping - Dem $1.60 $2.25 $25.00 $75.00 $6.00 $0.50 $10.00 6 91 \ 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail, and Company has received any necessary approvals from the Commission. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 ''Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or 7 92 tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties~ and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCmSES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: ,2010. Mayor Attest: 8 93 \ city Clerk Date Published: 9 94 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NOS. ORDINANCES RENEWING GAS AND ELECTRIC FRANCHISES WITH DAKOTA ELECTRIC ASSOCIATION AND NORTHERN STATES POWER D/B/A XCEL ENERGY, AND ESTABLISHING FRANCmSE FEE SCHEDULES FOR THE PROVISION OF GAS AND ELECTRIC SERVICES BY DAKOTA ELECTRIC ASSOCIATION, MINNESOTA ENERGY RESOURCES CORPORATION, AND NORTHERN STATES POWER D/B/A XCEL ENERGY NOTICE IS HEREBY GIVEN that, on , Ordinance Nos. were adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance Nos. , the following summary of the ordinances has been prepared for publication, and that copies of the ordinances are available for inspection by the public at the City Clerk's office. NOTICE IS FURTHER GIVEN that the City has renewed franchises with Dakota Electric Association ("DEA") and Northern States Power d/b/a Xcel Energy ("Xcel"). The terms of the two renewal franchises are essentially the same and grant each company a 20 year franchise to transmit and furnish gas or electric energy for public and private use within or through the City. The renewal franchises provide for the orderly location and relocation of facilities within public rights of way and public grounds, relocation and restoration of facilities and rights of way, and abandonment and subsequent removal of abandoned facilities in accordance with Minnesota Rule 7819.3300. The renewal franchises require the provision of field location and mapping information by the companies. Other provisions provide for street openings for repair or other purposes with prior permit of the City or without prior permit in exigent circumstances, tree trimming, company indemnification of the City, and notice procedures for the City's vacation of public ways. Each of the franchises is accompanied by a franchise fee ordinance, and another, separate ordinance extends the fee to Minnesota Energy Resources Corporation, whose franchise to operate in the City is still current. 153818vl 1 96 The franchise fee ordinances impose fees related to gas and electric services as follows: DEA fee schedule: Class Fee Per Premise Per Month Residential Irrigation Small General- Non-Dem General- Demand Public Street Lighting C&I Interruptible $1.60 $2.00 $2.25 $25.00 $6.00 $25.00 MERC fee schedule: Residential Commercial Firm Commercial Interruptible $1.60 !Month/Customer $15.00 JMonth/Customer $25.00 !Month/Customer Xcel fee schedule: Class Fee Per Premise Per Month Residential Small General- Non-Demand Small C&I Demand Large C&I Public Street Lighting Municipal Pumping Non-Demand Municipal Pumping $1.60 $2.25 $25.00 $75.00 $6.00 $0.50 $10.00 APPROVED for publication by the City Council ofthe City of Farmington this 20th day of September, 2010. CITY OF FARMINGTON By: Todd Larson, Mayor 153818vl 2 97 By: Peter 1. Herlofsky, Jr., City Administrator Approved as to form this _ day of ,2010. By: Joel J. Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2010. 153818vl 3 98 - en lD = - ~ CU lD >- 1< lD e en e - .- e a.. lD lD E"C en.5 en cu lD E en lD .'!a.. e~ oe. "ell! me. 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