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Home My WebLink About12.03.07 Council Packet City of Farmington 325 Oak 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 promisingfuture. AGENDA PRE-CITY COUNCIL MEETING December 3, 2007 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position, Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position, Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given f/Ultter. City of Farmington 325 Oak 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 promisingjUture. AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 3,2007 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. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Acknowledge Retirement - Bill Sauber b) Acknowledge Parks Maintenance - Parks and Recreation Acknowledged Acknowledged 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/19/07 Regular) b) Approve Recycling Contract Extension - Public Works c) Approve Rescue Squad Membership - Fire Department d) Adopt Resolution - Accept Donation - Fire Department e) Approve Currency Exchange Business - Administration f) Approve Change Order Flagstaff Avenue - Engineering g) Approve DNR Permit Flagstaff Avenue - Engineering h) Approve T -Mobile Antenna Agreement - Engineering i) Approve CDBG Application - Economic Development j) Adopt Resolution - Approve Clerical, Technical, Professional Contract - Human Resources k) Adopt Resolution - Approve Maintenance Contract - Human Resources 1) Approve Health Reimbursement Account Funding Agreement - Human Resources m) Approve Flexible Spending Account Funding Agreement - Human Resources n) Approve VEBA Trust Account - Human Resources 0) Approve Business Associates Agreement - Human Resources p) Approve Bills Approved Approved Approved R86-07 Approved Approved Approved Approved R87-07 R88-07 R89-07 Approved Approved Approved Approved Approved 8. PUBLIC HEARINGS a) Truth-in- Taxation Hearing - Finance Information Received 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) City Hall Budget Update - Administration b) Various Proj ects Update - Administration/Engineering (verbal) Information Received Information Received 11. UNFINISHED BUSINESS a) Authorize Final Design TH3/CR64 Roundabout - Engineering Authorized 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City ofF armington provides quality services that preserve our proud past and foster a promisingjUture. AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 3, 2007 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. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Acknowledge Retirement - Bill Sauber b) Acknowledge Parks Maintenance - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/19/07 Regular) b) Approve Recycling Contract Extension - Public Works c) Approve Rescue Squad Membership - Fire Department d) Adopt Resolution - Accept Donation - Fire Department e) Approve Currency Exchange Business - Administration f) Approve Change Order Flagstaff Avenue - Engineering g) Approve DNR Permit Flagstaff Avenue - Engineering h) Approve T -Mobile Antenna Agreement - Engineering i) Approve CDBG Application - Economic Development j) Adopt Resolution - Approve Clerical, Technical, Professional Contract - Human Resources k) Adopt Resolution - Approve Maintenance Contract - Human Resources 1) Approve Health Reimbursement Account Funding Agreement - Human Resources m) Approve Flexible Spending Account Funding Agreement - Human Resources n) Approve VEBA Trust Account - Human Resources 0) Approve Business Associates Agreement - Human Resources p) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 8. PUBLIC HEARINGS a) Truth-in- Taxation Hearing - Finance Page 17 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) City Hall Budget Update - Administration b) Various Proj ects Update - Administration/Engineering (verbal) Page 18 11. UNFINISHED BUSINESS a) Authorize Final Design TH3/CR64 Roundabout - Engineering Page 19 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 7lZ.. COUNCIL MINUTES PRE-MEETING NOVEMBER 19, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the location of Mini Smart. This is the former BP station on Chippendale Avenue. They are getting a cigarette license for December 2007 and 2008, and a beer license for 2008. Councilmember Wilson asked to pull the Bonestroo contract and discuss it at a workshop and bring it back to a December meeting. In reading the contract he understood the retainer would be for 10 hours a week. City Administrator Herlofsky explained the current retainer is $9,400 and includes the City Engineer and Dave Sanocki. The City Engineer position will become a City position rather than a Bonestroo position. The $2500 retainer is for Mr. Sanocki to do general activities which are not charged to other projects. He will still be a Bonestroo employee. Next year, three engineers will be City employees. Councilmember Wilson was not concerned with retaining Bonestroo. He felt 10 hours a week and $30,000 a year was a lot of money. Finance Director Roland explained that Mr. Sanocki will still be working 40 hours a week. Only 10 hours will be assigned to the general fund. Councilmember Wilson noted in the contract that the retainer amount changed and the hours changed, but the scope of duty did not change. He felt it still appears that Bonestroo is the main engineer for the City. City Administrator Herlofsky noted that will now be under the direction of a City employee. Council Minutes (Pre-Meeting) November 19,2007 Page 2 City Engineer Mann clarified in the contract Bonestroo is referred to as the engineer. That will be changed in the contract to read "consultant engineer." Councilmember Wilson felt this would clarify the situation. Councilmember Pritzlaff was also confused by the Bonestroo contract, but discussed it with City Administrator Herlofsky prior to the meeting. Councilmember Pritzlaff asked for an explanation ofthe assessment for POR-MKR Real Estate. Finance Director Roland explained in the case of any development agreement where the City is going to assess development fees against the properties of the development, the City is required to do a separate resolution allowing the City to do the special assessment ofthe development fees. Mr. Reagan is purchasing the lot in the industrial park on 208th Street next to the daycare. There is a development agreement for infrastructure fees. Mr. Reagan has chosen to handle these fees through an assessment rather than paying them up front. Councilmember Pritzlaffnoted the appointment for Director of Municipal Services. The position was posted internally and Mr. Todd Reiten was the only applicant. He will be appointed to the position. Councilmember Pritzlaff added an item to the agenda recognizing Bill Sauber for his service to the Fire Department. Mayor Soderberg had a question regarding fees proposed for 2008. One was concerning the area trunk charges and asked if they reflect the potential increased cost for providing a water and sewer system on the east side. City Engineer Mann stated after the comprehensive plans are updated, staff will need to recalculate each ofthose fees. Councilmember McKnight received a call from Mr. Garvey regarding TH3 and 225th Street. He asked staff for an update on the situation. City Engineer Mann stated the original turn lane cost was $150,000. After reviewing the conditions on TH3, staff decided Mr. Garvey should be responsible for 25% of those costs, so staff has released $37,500 of his letter of credit. Councilmember Pritzlaff stated there was nothing in the original contract that Mr. Garvey had to install turn lanes. City Engineer Mann noted the Development Contract states the developer is responsible for any necessary permits as part ofthe project. One of the issues that was not clear in the beginning was the turn lanes. MnDOT is requiring a permit because of the Executive Estates project and will require turn lanes for that area. Because of extenuating circumstances and some of the turn lanes are warranted today, staff felt it was reasonable to reduce the developer's responsibility down to 25% ofthe cost of the turn lanes. City Attorney Jamnik stated the event that required the MnDOT permit was the upgrade of 225th Street. It was a requirement ofthe development that 225th Street be upgraded and that Mr. Garvey would be responsible for the upgrade of225th Street to its terminus at TH3. City Engineer Mann noted the right-turn lane will not be built right now. The main turn lane needed because of the development is the southbound left-turn lane, however there are only two or three homes currently built in the development. Council Minutes (Pre-Meeting) November 19,2007 Page 3 5. STAFF COMMENTS City Administrator Herlofsky noted the October financial report shows the City is in better financial condition this year than last year. 6. ADJOURN MOTION by Pritzlaff, second by Wilson to adjourn at 6:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR NOVEMBER 19, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Randy & Kyle Oswald, Jana Sullivan, John Rinde, Thomas & Susan Hotchkiss 4. APPROVE AGENDA Councilmember Pritzlaff added item 5b) Recognize Bill Sauber for years of service. MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Parks and Recreation Parks and Recreation Director Distad introduced Jake Grimm as the new ParksIFacilities Maintenance Worker. b) Recognize Bill Sauber Councilmember Pritzlaffwanted to recognize Mr. Bill Sauber for his years of service on the Fire Department. Mr. Sauber joined the Fire Department on October 24, 1983 and served as captain, served on the Cataract Relief Board for 16 years and served as president for 13 years. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (11/5/07 Regular) b) Approved Various Licenses and Permits - Administration Council Minutes (Regular) November 19, 2007 Page 2 c) Set January 5,2008 Special Council Meeting Board and Commission Interviews- Administration d) Adopted RESOLUTION R85-07 Approving Gambling Event Permit - Administration e) Approved Appointment Recommendation Municipal Services - Human Resources f) Received Information October 2006 Financial Report - Finance g) Approved Special Assessment Agreement POR-MKR Real Estate - Community Development h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve 2008 License Renewals - Administration The hearing was held to approve on-sale liquor and Sunday licenses, club licenses, on-sale wine and intoxicating malt liquor licenses and therapeutic massage licenses for various businesses. The license for B&B Pizza is contingent upon receiving their Certificate of Insurance. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to approve the On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Intoxicating Malt Liquor and On-Sale Wine, Club and Therapeutic Massage Licenses. The license for B&B Pizza is contingent upon receiving their Certificate of Insurance. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve 2008-2012 CIP - Finance Adjustments made to the CIP for 2009 include an addition for an intersection improvement at CSAH 50 and Flagstaff Avenue for $750,000, 210th Street extension for $500,000, and the Henderson storm sewer funded by the storm sewer fund and assessments for $700,000. The Flagstaffproject would include a possible signal, turn lanes, and moving a significantly large power pole. The turn lanes would be added to the south side ofFla~staff Avenue. The Henderson storm sewer extension would take place on st Street. To reconstruct Walnut Street, the sanitary sewer in 5th Street would need to be extended to Walnut Street. Councilmember Wilson suggested having a workshop in 2008 to look at the overall plan of the downtown streets. MOTION by McKnight, second by Pritzlaffto approve the 2008-2012 Capital Improvement Plan. APIF, MOTION CARRIED. b) Approve Appointment Independent Audit Engagement - Finance Six proposals were received for auditing services for 2007-2009. The low proposal was Kern, DeWenter, Viere Ltd. MOTION by Wilson, second by Pritzlaffto authorize the audit engagement commencing with the City's Council Minutes (Regular) November 19, 2007 Page 3 December 31, 2007 year end with Kern, DeW enter, Viere according to their proposal. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Deferred Park Improvements - Parks and Recreation Parks and Recreation Director Distad presented a spreadsheet showing the status of park improvements. There is $11.4 million of deferred improvements. Five parks account for $10.55 million and two of the parks, the Mystic Meadows softball complex and the Fairhill youth athletic complex, account for over half of the $10.55 million. Councilmember Wilson preferred to have parks in new developments completed before upgrading existing parks. Staffwill schedule a workshop in 2008 with the Parks and Recreation Commission to discuss park improvements. 12. NEW BUSINESS a) Draft - 2008 Bonestroo Contract - Administration The major changes in the Bonestroo contract are the retainer and duties. In 2008, Lee Mann will no longer be the City Engineer for Farmington. Recruitment for a City Engineer will be initiated and the current Assistant City Engineer, Kevin Schorzman, will be appointed as Acting City Engineer as of January 1, 2008. In 2008 there will be three engineers employed by the City; the City Engineer, the Assistant City Engineer, and one additional Engineer on staff. The purpose of this contract is to make this change possible on January 1,2008. The contract will be clarified as far as City Engineer and Consulting Engineer. MOTION by Wilson, second by Pritz1aff to approve the Bonestroo contract for 2008 noting Consulting Engineer and City Engineer. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE CounciJmember Wilson: Thanked City Engineer Mann for giving the Cub Scout Troop a tour of the Central Maintenance Facility, well house, and water tower. City Engineer Mann: Paving began on Flagstaff Avenue today. The main paving from south of 195th Street to the northern border was completed today as well as the turn lane on 195th Street. Tomorrow the turn lanes or bypass lanes along Flagstaffnorth of 195th Street will be completed. This will complete the paving portion ofthe project. Mayor Soderberg: Parking restrictions became effective November 1, 2007. He attended an event for Hope Recovery Transitional Services. They provide transitional services for individuals who have gone through alcohol or drug treatment to help them get back into society. They have greater than 70% success rate. He attended an amazing Veteran's Day event at the Middle School honoring veterans. Council Minutes (Regular) November 19,2007 Page 4 December 1, 2007, at 5:00 p.m. there will be a Christmas tree lighting at the McVicker lot hosted by the Farmington Downtown Business Association. Council recessed for Executive Session at 7:36 p.m. 14. EXECUTIVE SESSION - Discuss Litigation This is to receive an update on the Schmitz claim and to discuss litigation strategy. 15. ADJOURN Respectfully submitted, ~Z:L/V7~ e-/ Cynthia Muller Executive Assistant li City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Todd Reiten, Assistant Director o[Pnblic Works ~ V SUBJECT: Approving Recycling Contract One Year Extension DATE: December 3,2007 INTRODUCTION The City of Farmington previously entered into an extended one-year recycling contract with Dick's Sanitation, Inc.lLakeville Sanitary, Inc. (DSI/LSI) from Lakeville, Minnesota which expires at the end of 2007. DISCUSSION Staff has had the opportunity to negotiate another one year extension of the agreement with DSI/LSL This will give City staff more time to analyze options for the future of the City's Recycling Program. The agreement references that the existing recycling contract's performance items will remain in place and includes rate increases to accommodate rising fuel prices. The revisions are as follows: · DSI/LSI is increasing residential and commercial recycling rates by 10% for all services provided to the City of Farmington excluding yard waste. · DSI/LSI is requesting the option of increasing the rates in the event that fuel increases above $3.50 per gallon. DSI/LSI may adjust the rate for every $.25 cent increase on the recycling rates, as follows: o For every $.01 increase (at $.25 increments) over $3.50/gallon = .05% increase BUDGET IMPACT Recycling fees are passed on to customers according to the contracted rates and do not directly affect the budget. Attached for your reference is a revised DSI/LSI rate sheet. ACTION REQUESTED The action requested is for the City Council to approve the attached 2007 Recycling Contract Extension Agreement that extends the recycling contract for one additional year. R. es.p. ectfu. ll~YS itted, -.7~'" ~ . Todd Reiten Assistant Director of Public Works cc: Benno Klotz Lena Larson Attachment A City of Farmington Rates for Contract Extension 2007 2008 a) Single Family Dwellings $ 3.05 $ 3.36 /month/unit b) Multi-Family Dwellings (apartments) $ 1.80 $ 1.98 /month/unit c) City Buildings $ 111.45 $ 122.60 /month* *Any additional City buildings added will be an additional $20.00/month/building. d) Commercial Customers - based on a per pick-up rate Comm - PaperlCdbd 90 gallons 2 cubic yard 4 cubic yard 6 cubic yard 8 cubic yard ~I Comm - Rigids I 2007 commercial I 1 st cont. Add't cont. $ 7.45 $ 3.95 $ 7.95 $ 4.65 $ 8.45 $ 5.25 $ 9.45 $ 7.05 $ 10.45 $ 7.35 '~~ $ 7.45 $ 3.95 I 2008 commercial I 1 st cont. Add't cont. $ 8.20 $ 4.35 $ 8.75 $ 5.12 $ 9.30 $ 5.78 $ 10.40 $ 7.76 $ 11.50 $ 8.09 if" W'IIlli $ 8.20 $ 4.35 Residential Bulk Collection Rates are as follows: 2007 2008 $ 20.00 $ 22.00 $ 32.00 $ 35.20 Less than 3 yds RL 3-6 yard containers e) Seasonal yard waste services shall be billed directly to each resident: 2008....................... $ 72.00 NEAR Additional Cart.......... $ 12.00 /YEAR DSI may make a diesel fuel adjustment based on any diesel fuel costs that exceed $3.50 per gallon in $.25 cent increments. The diesel fuel adjustment will be calculated as a percentage of anything over $3.50/gallon and is based on the following formula: For every $.01 increase (at $.25 increments) over $3.50/gallon there will be a corresponding .05% increase in the overall recycling rate charged to each customer. See below table for examples. If Fuel Exceeds % Increase to 2008 Monetary Increase to $3.50/gallon Residential Recycling Residential Recycling Monthly Rate Rate Rate $3.75/qallon $.05 x 25 = 1.25% 1.25% x 3.36 = .042 $3.40 $4.00/qallon $.05 x 50 = 2.50% 2.50% x 3.36 = .084 $3.44 $4.25/qallon $.05 x 75 = 3.75% 3.75% x 3.36 = .126 $3.49 $4.50/qallon $.05 x 100 = 5% 5% x 3.36 = .168 $3.53 CURBSIDE CLEAN-UP DAYS: Trash collection (labor) Trash collection (disposal) + tax Scrap metal (dirty) (labor) Scrap metal (reimbursement)** Trash collection (Apts) roll-offs per hour per truck per ton per hour per driver market value per ton per pull + disposal 2007 $ 125.00 $ $ 54.00 $ $ 75.00 $ $ (20.00) $ $ 175.00 $ 2008 137.50 56.00 82.50 (20.00) 192.50 **Market Value may fluctuate + or - depending upon current market conditions. .' 2008 RECYCLING CONTRACT EXTENSION AGREEMENT THIS AGREEMENT is made this _ day of , 2007, by and between Dick's Sanitation, Inc. ("DSI") and the City of Farmington, a Minnesota municipal corporation (the "City") (collectively referred to as the "Parties"). WHEREAS, DSI has for the past six years provided recycling services to the City; and, WHEREAS, the City is interested in extending the current recycling contract with DSI through 2008 and DSI is interested in providing its recycling services to the City through 2008; and, WHEREAS, the Parties are agreeable to the terms that presently exist in the 2007 Agreement for Curbside Recycling and Clean Up Day Services with the exceptions that are identified within this Agreement; and, WHEREAS, based on the favorable recycling service that DSI has provided for the past 7 years to the City, it appears to be in the best interest of the City and its residents to allow DSI to provide recycling services in 2008. NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby agree as follows: SECTION 1. TERMS OF AGREEMENT. 1. The Agreement shall apply only to the pickup and removal of residential and commercial/industrial recycling material, seasonal yard waste program and the annual Curbside Clean-Up Day Program. 2. This Agreement shall run for a period of 12 months beginning on January 1,2008 and shall end on 12:00 Midnight on December 31,2008. 3. The terms of this Agreement do not bind the Parties to any future agreements. 4. DSI is requesting a 10% increase for rates with the exception that DSI may make a diesel fuel adjustment based on any diesel fuel costs that exceed $3.50 per gallon in $.25 cent increments. The diesel fuel adjustment will be calculated as a percentage of anything over $3.50/gallon and is based on the following formula: For every $.01 increase (at $.25 increments) over $3.50/gallon there will be a corresponding .05% increase in the overall recycling rate charged to each customer. See below table for examples. If Fuel Exceeds % Increase to 2008 Residential Monetary Increase to Monthly Rate $3.50/gallon Recycling Rate Residential Recycling Rate $3.75/gallon $.05 x 25 = 1.25% 1.25% x 3.36 = .042 $3.40 $4.00/gallon $.05 x 50 = 2.50% 2.50% x 3.36 = .084 $3.44 $4.25/gallon $.05 x 75 = 3.75% 3.75% x 3.36 = .126 $3.49 $4.50/gallon $.05 x 100 = 5% 5% x 3.36 = .168 $3.53 Page 1 of 4 SECTION 2. DSIOBLIGATIONS. 1. DSI will provide a recycling revenue sharing reimbursement program based on the actual volume at fair market value based on current local markets. Revenues will be shared equally. DSI will only share revenue if the City agrees to not use the revenue to cover operational costs but instead uses it in the following manner: a. First priority: cover the costs of the City's 2008 Youth Scholarship Program. b. Second priority: should the entire costs of the 2008 Youth Scholarship Program be covered, the remaining revenue shall be deposited in the City's Park Improvement Fund for future improvements to City parks. DSI will be recognized in City publications for providing revenue in 2008 to cover expenses related to the Youth Scholarship Program and for its contributions to the Park Improvement Fund should any be made after the Youth Scholarship Program costs are covered. 2. DSI is proposing the following services and rates for the Curbside Clean Up Day Program: a) Proposed residential and commercial rates are on Attachment A. b) Dates for the Curbside Clean Up Day Program would be on the following five Saturdays prior to Memorial Day: April 19, 26 and May 3, 10, and 17. c) Rates for the curbside collection of acceptable MSW and acceptable bulk items over the five Saturdays would be $ 137.50/Hour/Truck + $56.00/ton + tax. d) Curbside collection of Steel (Dirty) all types including gas grills, bikes, lawnmowers, riders and other. Rates would be $137.50/Hour/Truck. Reimbursement value will depend on current market value. e) Optional labor could be provided by DSI for the Tire Drop off at the City's Central Maintenance Facility at a rate of $82.50/Hour/Person. Direct rates would be determined by agreements with the markets that the City of Farmington negotiates. f) Appliances curbside pick-up would be a direct agreement between the City and a private hauler. Dick's Sanitation would not be involved in the hauling and disposal of appliances. g) Apartment roll-offs would be charged out at $192.50/pull + $56.00/ton + tax. 3. Seasonal yard waste rate to remain at $72.00 per year with an additional yard waste cart available at $12.00 per season. No incidental service will be offered. 4. DSI will provide to the City proof of proper insurance coverage as identified in the previous year agreement, adjusted as necessary to provide at least the statutory maximum liability amounts specified in Minnesota Statutes Section 466.04, Subd. 1 (6), (7) and (8). Page 2 of4 SECTION 3. TERMINATION OF AGREEMENT. In the event that either Party fails to perform and carry out any of the terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business, this Agreement may be terminated by either Party giving written notice of 30 days to the other Party. SECTION 4. OTHER TERMINATION. NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order prohibits the activities in this Agreement, then this Agreement shall be immediately terminated with both Parties owing no further compensation to each other. SECTION 5. ENTIRE AGREEMENT. The current, underlying Agreement 2007 (comprised ofthe original 2002-2006 agreement as extended by 2007 Agreement) continues in effect except as provided in the 2008 extension agreement, and that the two earlier_documents together with this extension comprise the "entire agreement" of the Parties. DICK'S SANITATION, INC. CITY OF FARMINGTON, a Minnesota municipal corporation BY: BY: President Kevan A. Soderberg, Mayor AND Peter Herlofsky, City Administrator Page 3 of 4 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2007, by the President Dick's Sanitation, Inc., a Minnesota corporation, on its behalf. Notary Public STATEOFMINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by Kevan A. Soderberg and by Peter Herlofsky, respectively the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Page 4 of 4 7G City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us SUBJECT: Mayor, City Council and City Administrator Tim Pietsch, Fire Chief q Rescue Squad Membership TO: FROM: DATE: December 3, 2007 INTRODUCTION The rescue Squad is authorized to include up to 20 members. At the present time we have 19 members. DISCUSSION Jason Greiner has agreed to join the Rescue Squad effective on December 17th 2007. He meets all the required guidelines set forth for time and training. This will bring our Rescue Squad compliment to full force. Jason will be responding out of Station 2. This should help with response times to the North side of town. BUDGET IMPACT The 2007 budget provides adequate funding for this proposal. ACTION REQUESTED Approve Fire Chief's request to include Jason Greiner to become a member of the Rescue Squad. Respectfully S~mi~ , ~~ '(~ Tim Pietsch Fire Chief cc: file 7J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and City AdmIDistrawr (j- Tim Pietsch, Fire Chief FROM: SUBJECT: Accept Donation DATE: December 3, 2007 INTRODUCTION The Farmington Fire Department Cataract Relief Association has donated a boat motor and trailer to the Fire Department. DISCUSSION After viewing scenes from southern Minnesota during the floods, we felt a need to upgrade our equipment for such an incident. The Zodiac rescue raft has been equipped with a 5 horsepower outboard motor along with a new trailer. Cost of these items is around $2,300.00 dollars BUDGET IMPACT None. ACTION REQUESTED Adopt resolution accepting these two items from The Farmington Fire Department Relief Association. Respectfully ~bmitted, ~~y~ Tim Pietsch Fire Chief cc: file RESOLUTION No. R -07 ACCEPTING DONATION FROM THE CATARACT RELIEF ASSOCIATION 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 3rd day of December, 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington Cataract Relief Association has donated a boat motor and trailer to the Fire Department; and, WHEREAS, it is in the best interest ofthe City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of a boat motor and trailer, given by the Farmington Cataract Relief Association. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 3rd day of December 2007. Mayor Attested to the _ day of December 2007. City Administrator SEAL 7e City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator C2 FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Currency Exchange Business DATE: December 3,2007 DISCUSSION At the January 2, 2007, City Council meeting, Council approved Juan Mena's, application to the Minnesota Department of Commerce for a currency exchange license at 320 Third Street. The City of Farmington does not have an ordinance regulating this type of business; however, it is a permitted use in the B-2 zoning district. Per the letter from the Minnesota Department of Commerce, a decision from the governing body allowing the currency exchange business is required as part of the application renewal process. BUDGET IMPACT None ACTION REQUESTED Approval to renew a currency exchange license with the Minnesota Department of Commerce for Juan Mena, ofServicios Latinos Mena's, at 320 Third Street. Respectfully submitted, ~1l)Jc~ Lisa Shadick Administrative Services Director 85 7th Place East, Suite 500 St. Paul, Minnesota 55101-3165 www.commerce.state.mn.us 651.296.4026 FAX 651.297.1959 An equal opportunity employer October 25,2007 City Clerk City of Farmington 325 Oak Street Farmington, Minnesota 55024 CERTIFIED MAIL RE: Mena Juan - License #20594330 Currency Exchange License Renewal for 2008 Dear City Clerk: The above-named currency exchange licensee has made application to renew its currency exchange license to operate at: 320 3rd Street Farmington, MN 55024 Pursuant to Minnesota Statutes Chapter 53A.04, we are notifying your office that a complete currency exchange license renewal application has been filed with the Department of Commerce. The renewal application included the names of the officers and owners of the licensee, background checks on each of the owners and officers from the Minnesota Bureau of Criminal Apprehension, a fee schedule of all fees to be charged by the currency exchange office, a $10,000 surety bond valid through December 31, 2008, and the $500 renewal fee. If you wish to receive a copy of the complete currency exchange license renewal application form that was filed with this office, please contact Lynne at 651-296-2297 and it will be forwarded to you. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days ofreceipt of this letter. If you have any questions, please contact me at the telephone number listed below. 7-( City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator ()- Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Change Order - Flagstaff Avenue DATE: December 3, 2007 INTRODUCTION Council awarded the Flagstaff Avenue Utility and Street Project at the August 6, 2007, City Council meeting. DISCUSSION This change order contains two additional work items as well as a milestone date change. The first item is compensation for the contractor re-installing a cross fitting that needed to be placed approximately 16' from the location shown on the plans. After the fitting was originally installed, the contractor was asked to relocate the fitting to better fit the field conditions. The second item is compensation for additional subgrade correction that was necessary due to the fact that the contractor encountered unsuitable soil below the planned subgrade correction depth. Inspectors determined the limits of the additional correction to provide a suitable base for the roadway. The final item is a milestone date change. Under the original contract, utility work and roadwork up to the aggregate base layer was to be completed by November 30,2007 from the south end of the project to the new high school. Due to utility conflicts that precluded work in some of these areas earlier in the construction season, areas encountered requiring additional subgrade correction, and several days of wet weather, the November 30, 2007 milestone date is being changed to December 20, 2007. BUDGET IMPACT The change order amount of$11,580.51 is within the project budget. Flagstaff A venue Change Order #1 December 3, 2007 Page 2 ACTION REQUESTED Approve, by motion, the attached change order in the amount of $11 ,580.51. Respectfully Submitted, ~)n.. i'1.~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file ('f'\" 'l f 11 f Bonestroo .' . "'" .. Rosene Owner: Clty ofFarmmgton, 325 Oak Street, Farmmgton, MN 55024 G.Ande~/i1< &.. Contractor: Ryan Contracting Com an 8700 13th Avenue E. Shako ee, MN 55379 , \J' ASSOCiates Engineers &. Architects Bond Co.: Federal Insurance Co. 15 Mountain View Rd Warren, NJ 07061 Date November 27, 2007 Bond No: 8213-37-62 CHANGE ORDER NO. 1 FLAGSTAFF AVENUE UTILITY AND STREET IMPROVEMENTS BRA FILE NO. 000141-04224-0 Description of Work This Change Order provides for additional compensation for work necessary for a watermain connection and street sub grade correction and a Milestone Date Change. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.1 ADDITIONAL COMPENSATION FOR WORK LS $869.00 $869.00 NECESSARY FOR A W ATERMAIN CONNECTION- REMOVE AND RE-INSTALL A CROSS FITTING AND SLEEVE 2 ADDITIONAL COMPENSATION FOR WORK NECESSARY FOR STREET SUBGRADE CORRECTION-STATION 148+50 TO 149+50 QUAD DUMP HR 19 $79.20 $1,504.80 SAND CY 96 $3.75 $360.00 1.5" CLEAR ROCK TN 306.19 $14.76 $4,519.36 CREW LABOR AND EQUIPMENT HR 51 $84.85 $4,327.35 TOTAL CHANGE ORDER NO.1: $11,580.51 SUBSTANTIAL COMPLETION (DAYS OR DATE): SANITARY SEWER, WATER MAIN, STORM SEWER, AND AGGREGATE BASE INSTALLATION FROM THE SOUTH END OF THE PROJECT, STATION 1+10 ON FLAGSTAFF AVENUE, TO STATION 57+00 ON FLAGSTAFF AVENUE SHALL BE COMPLETED NO LATER THAN NOVEMBER 30, 2007. WATER MAIN ON 212TH STREET (CSAR 50) SHALL BE COMPLETED NOT LATER THAN NOVEMBER 30,2007. EXCEPT TO THE EXTENT AN EARLIER DATE IS PROVIDED ABOVE FOR A PORTION OF THE WORK, ALL OF THE WORK OF THE PROJECT SHALL BE SUBSTANTIALLY COMPLETED NOT LATER THAN OCTOBER 15 2008. FINAL COMPLETION (DAYS OR DATE): NOVEMBER 15, 2008. INCREASE OF THIS CHANGE ORDER: SUBSTANTIAL COMPLETION (DAYS OR DATE): SANITARY SEWER, WATER MAIN, STORM SEWER, AND AGGREGATE BASE INSTALLATION FROM THE SOUTH END OF THE PROJECT, STATION 1+10 ON FLAGSTAFF AVENUE, TO STATION 57+00 ON FLAGSTAFF AVENUE SHALL BE COMPLETED NO LATER THAN DECEMBER 20 2007. FINAL COMPLETION (DAYS OR DATE): NOVEMBER 15, 2008. 1414224CHOl.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) 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 Tline with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO -, Date cc: Owner Contractor Bonding Company Bonestroo 1414224CH01.xls $8,421,058.11 $0,00 $11,580.51 $8,432,638.62 Date: }t /2 7/07 Approved by Owner: CITY OF FARMINGTON Date ?9 City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator (); Lee M. Mann, P .E., Director of Public Works/City Engineer TO: SUBJECT: License for Utility to Cross Protected Waters DATE: December 3, 2007 INTRODUCTION As part of the Flagstaff Avenue Project, a trunk water main pipe will be constructed crossing Middle Creek. Middle Creek is classified as a protected waterway by the Minnesota Department of Natural Resources (MNDNR). DISCUSSION Attached to this memo is a copy of the license for execution by the City of Farmington. The term of the license is for a 50 year period commencing on July 1, 2007. The license costs $237.00 for the lifetime of the license at which time the license must be renewed. BUDGET IMPACT The cost of the MNDNR license to cross the protected waterway is $237.00 and will be funded from the project budget. ACTION REQUESTED Approve by motion the attached License for Utility to Cross Protected Waters. Respectfully Submitted, ~YV1~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file rvll!\'NESOTA DEPART\lENT OF NATURAL RESOURCES LICENSE NUMBER #J-!.4-065-66Y2 APPl '( NUr--IBER 79738 TRN 525 LS (jy COMPA!\'Y PROJECT NO: ] 41-0-+224 LICENSE FOR UTILITY TO CROSS PROTECTED WATERS This license is issued hy the commissioner of natural resources under authority and subject to the limItatIOns in Ivlinnesota Statutes. section 8-L415. and rvlinnesota Rules Chapter 6135 and other applicable law to the Licensee as named and for the fee and term as specified below. Name and Address of Licensee: Cll) of Farmington 325 Oak Street Farmington. Minnesota 55024 License Fee: Two Hundred Thirty-Seven Dollars and nofJOO. .... ..,(52:\7.00) Term (years): 50 years Effective Date: July I. 2007 Termination Date: June 30. 2057 Purpose of License: Construction. maintenance and operation of a liquid pipeline crossing under water under the covenants and agreements of the Licensee to use the following descrihed waters: That part of the SW 1 /4 NW 1 /4 in Section 23, Township 114 North. Range 20 West in Dakota County a<, shown on the attached application and map. all of which are made a part hereof toy reference. This license is granted subject to the following pro\isions: l. At the end of the license period if both panies wish to rene...... the renewal fee and time period will be determined by such methods as are developed by the commissioner of natural resources. This license shall be cancelable upon reasonable notice by the commissioner for violation of an) of its terms. or if at any time its continuance will conflict with a public use of water over or upon which it is granted. or for any other reason. Licensee shall ensure that Licensee's employees. agents and contractors have received and thoroughly understand all conditions of this license. Unless otherwise authorized by the commissioner. upon the surrender. termination or cancellation of this license. the Licensee shall remove from the above described waters all the utility lines and related structures owned hy it If Licensee does not remove such lines or related structures. all such lines or structures remaining shall become the property of the State. to he used or disposed of as the commissioner elects The Licensee agrees to pay the State for the costs of removing and disposing of such lines or structures. 4. The Licensee shall comply with all federal. state and local laws and regulations. including municipal ordinanceL affecting said waters. and shall remove all refuse and debns that may accumulate therein. The project hereunder shall at all times during and after construction be subject to inspection by the commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable times 5. The use of these waters toy the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use. sale. or leasing for mineral or other legal purposes. 6. This license is subject to the provisions of ~iinnesota Statutes. section 84.415 and MInnesota Rules Chapter h 1 ~5. All standards of Chapter 6135 are incorporated as terms and conditions of this license. except such variations as are identifIed and approved by the commissioner in the license applications. plans and specifications which are attached and made pan of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the commissioner. The Licensee shall nc't de\ iUle fTUm the terms and conditions of this license or the application as approved by the commissioner uniess It has firsl obtained written permission from the Regional Operations Supef\ ism. f. This license is permissive only. No liabililY shall be imposed upon or incurred by the State of Minnesota or an~ of its officers. agents. or employees. officially or personally. on ac;;ount of the granting hereof or on a;;count of any damage to any person or property resulting from any act or omission of the Licensee or any ()f its agents. " 3. emp\oycc~. or contractors reiatin~ tp any mailer hereunder. This license shall nN he: cc'nstrucd as estorpm~ or limiting any kgal claims or right of action of any person again~lthe Liccnstt:. its agents. employees. or contractOrs for any damage or injury resulting from any such act or omission. or as estopping or limiting any kgal claim or right of action of the State against the Licensee. its agents. employees. or contractors. for violation of or failure to comply with the provisions of this license or applicahle provisions of law The Licensee shall indemnify and hold harmless the State from all claims arising out of the Licensee's use of the ahme descrihed waters whether such claims are assened by civil action or otherwise. 8. The Licensee shall nOl without the commissioner's prior written consent: a) assign. conveyor otherwise transfer this license or any interest under it: b) sublet the I icense corridor or any pan thereof: or C) permit the use or occupancy of the license corridor or any pan thereof hy anyone other than the Licensee. This license shall extend to. and bind the successors. heirs. legal representatives and assigns of the Licensee. if any. The commissioner may require a party who has requested to sublet, use or occupy the Iicen~e corridor tn obtain a separate license from the State prior to occupying or using the license corridor. 9. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of any of its rights. 10. Placement and Marking of Lines: A. In over crossings of public waters. lines shall have a minimum clearance of 15 feet above extreme high water. unless otherwise approved by the Regional Operations Supervisor, B. As directed by the Regional Operations Supervisor. marker spheres shall be placed on overhead utility lines directly above the protected water. C. Any cable or conduit located at a shoreline shall be sufiiciently buried at the shoreline so as to prevent its becoming exposed during droughts or winter drawdowns D. As directed by the Regional Operations Supervisor. underwater crossings shall be marked by permanent signs on the banks at points vv.here the line enters and leaves the protected water. 11. Unless otherwise authorized by the Regional Operations Supervisor. shut-off valves shall be installed within a pipeline on each side of the water crossing to provide an effective means of halting the release of product or effluent from the line into the surface waters in the event of a line rupture. 12. To protect fish spawning activities, the commissioner may prohibit vvork in the stream or work within a specified distance of the protected water during the sp<lwning season 13. Licensee must minimize disturbance to natural streamhed and shoreline vegetation. including trees and shrubs. Allowable clearing of banks, shorelines and land adjacent to them is restricted to the minimum necessary for equipment to complete the installation: banks. shorelines and land adjacent to them should not l1e cleared to the full right-of-way width. 14. The beds of the waters described above shall. upon completion of construction or maintenance operations therein. be restored as nearly as practicable to their original cross-section. Extreme care shall he exercised to assure that the contours and elevations of the streambed are not changed by this installation in any manner that would alter the runout elevation of any public waters basins located upstream of the crossing, 15. Erosion: A. Erosion control measures shall be employed to stabilIze the banks. \Vhere necessary to prevent erosion. streambeds shall be permanently riprapped with natural rock having an average diameter of 12 inches, B. Erosion control measures shall be aJequatel) designed for site charac~eristics, They may include staked hay bales. sediment fences or contouring and shaping, They shall be installed prior li' commencement and maintained throughout the project. All erosion control fences next to a v\ ater body shall run parallel to the contours, C. Under low fip\\, conditions. the work. as approved by the commissioner. shall he done w minimiz.e erosion and siltation caused l1y construction. D, If downstream bank erosion commences. immediate erusion control measures shall be taken and the Regional Operations Supervisor notified immediately. E. Any work belo\\' water level shall be encircled l1y a flotation sediment curtain or other suitahle sediment containment device to pre\'ent sediment from being tramponed beyond the excavation area, F. All disturbed areas shall be stabilized as soon as possible following construction, Topsoil shall be used to rt'- dress dlsturbed soil areas. and indigenous plan! specles should be used. whenever possible. to revegetate disturbed areas, This revegetation should occur a" earl) in the season as ppssit>k to permit adequate regrov\th. G. Excavated materials shall not be deposited or stored alongside a protectc'd \\ater in a manner where the materials can be redeposited into the protected \\'ater by reas(\nably expected high water or storm run-off. 16. Cnles, other\\ IS:: authorized b) the Regional Operations SupeT\lsor. the Licensee shall not aprl~ herbi..::ide, p[ pesticides tu tht water in the course of nmstruction or maintenanc:e of the utilit} line 17. Emergenc~ repairs and replacements may be made without prior notilication to the Regional Operations Supervisor b} the Licensee according to conditions and standards prescribed by Minnesota Rules. Chapter 6] ~~ and the method of installation identified in this license. The Licensee shall notif} the Regional Operations Supervisor of this activity as soon as practicable. 18. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within 10 days following completion of licensed work for compliance inspection. ] 9. This license is subject to the SPECIAL PROVISIONS attached herewlif none. Slate none). None. 20. The Regional Operations Supervisor is Paul Purman at DNR Lands and ~tinerals: 1200 Warner Road: SL Paul. MN 55106. Phone (6511772-7942. Any questions about this license shall be directed to the Regional Operations Supervisor. ACCEPTED A.ND ACKNOWLEDGED STA TE OF I\IlNNESOTA City of Farmington Lice nsee( s l By Title: Re!!ional Operations Supervisor By Titk By Title Form approved by the Office of the AHorne: General 0]/0: 7A City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: T -Mobile Equipment Attachment Request DATE: December 3,2007 INTRODUCTION T -Mobile currently has a communication facility located in/on the Pilot Knob water tower. DISCUSSION T-Mobile has requested that they be allowed to attach a new piece of equipment to their communication facility located on the Pilot Knob water tower. The Water Board reviewed and approved this request at their meeting on November 26,2007. This item comes before the City Council since leases need to be approved by Council. BUDGET IMPACT None ACTION REQUESTED Approve by motion the attached request allowing T-Mobile to attach the new equipment to their communication facility located on the Pilot Knob water tower. Respectfully Submitted, d>>t~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file AIQ0768A l ~ 50,- m 11 .If"'l-~ ~ In .. ".I: iii r; Al(J )1 e" T-Mobile Central LLC 8550 W. Bryn Mawr, Suite 100 Chicago, IL 60631 VIA CERTIFIED U.S. MAIL, RETURN RECEIPT REQUESTED October 10, 2007 City of Farmington Attn: Director of Public Works 325 Oak Street Farmington, MN 55024 Re: Acknowledgment and Consent Letter for Modification of the Wireless Communications Facility Site: AlQ0768A / Farmington New Water Tower Dear Sir or Madam: T-Mobile Central LLC, a Delaware limited company, as successor in interest to VoiceStream Minneapolis, Inc., a Delaware corporation, d/b/a T-Mobile ("Tenant") and City of Farmington, a Minnesota municipal corporation ("Landlord") entered into a certain Communication Site Lease Agreement with Option ("Lease") on June 6, 2005, for the property located at 5446 19Sth Street, Farmington, MN 55024 (the "Leased Premises"), to install telecommunication equipment as defined therein (the "Communication Facility") on the Leased Premises. Under Section 5 of the Lease, Tenant may use the Leased Premises for the purpose of constructing, installing, repairing, maintain, removing and operating Tenant's Communication Facility, but may not alter the Communication Facility without Landlord approval. Furthermore, under Section 4(a) of the Lease, Landlord shall cooperate with Tenant, at Tenant's expense, in its efforts to obtain and retain certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority for Tenant's use of the Leased Premises. In order to modify the Communications Facility, Tenant needs to attach new equipment to its Communication Facility within the Leased Premises as described under Exhibit 1 attached hereto. Under the terms of this acknowledgment and consent letter (the "Acknowledgment and Consent Letter"), Tenant hereby requests Landlord's approval to install the above mentioned equipment on the Leased Premises and the Communication Facility. If you accept the tenns of this Acknowledgment and Consent Letter set forth above, please sign and date the acknowledgment below on the two (2) original copies enclosed and return one (1) original copy to the address listed below. Should you have any questions, please contact Graham Packer at 224-623-4972 or gpacker@talonag.com. T-Mobile will deem that the maintenance activities presented herein are deemed approved within 10 calendar days of receiving this letter unless a response is received indicating Site Number: A1Q0768A Site Name: Farmington New Water Tower Acknowledgement and Consent l/3 AIQ0768A otherwise and will proceed with said maintenance at such time. We thank you for your cooperation in this matter. Sincerely, I~S-~ ~ Hossein Sepehr Director T-Mobile Central LLC CC: Farmington City Attorney Campbell Knutson Professional Association 317 Eagandale Office Center 13 80 Corporate Center Curve Eagan, MN 55121 Acknowledged, Accepted and Agreed: .. .. . .. .. . , Landlord: City of Farmington, a Minnesota municipal corporation Date: ~ .. . . . .. . .. . .. . Return Acknowledl!ement and Consent Letter to: Talon Advisory Group Attn: Adam Kauffman 1656 N. Bosworth Ave, #3N Chicago, IL 60622 Site Number. AIQ0768A Site Name: Farmington New Water Tower Acknowledgement and Consent 2/3 AIQ0768A Exhibit 1 See Attached Drawing Site Number: AJ Q0768A . 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E ~ ~ :< h ~ a-~ '5 I~~~b j i ~ I;; l~i; .. ~ a ~ ~ 2~ 0 _.~.::::::: 3 d~!ii:! ,. .., :: ~ !! ~ f .~ ~!IB l:~ '" o !i~ ~ III 0 ~ ~ ~,- ~ - gj i~ , City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463.2591 www.ci.farmington.mn.us 7/ TO: Mayor, Councilmembers and City Administrator ~. FROM: Tina Hansmeier, Economic Development Specialist SUBJECT: Community Development Block Grant Application FY08 DATE: December 3, 2007 INTRODUCTION The City has the opportunity to apply for approximately $60,800 in Community Development Block Grant [CDBG] funds for the CDBG Fiscal Year 2008 [July 1, 2008 through June 30, 2009]. A completed application must be submitted to the Dakota County Community Development Agency [CDA] accompanied by an approved City Council Resolution by December 14,2007. DISCUSSION The application must identify the project(s) for which the CDBG funds will be used, and the specific project activities to which the funds will be applied. CDBG funds can only be used for "eligible" projects or activities that satisfy certain "National Objectives." Typically, such objectives include redeveloping slums or blighted areas, creating or improving housing that benefits individuals who fall within "low to moderate income" guidelines, or creating jobs that pay wages that fall within certain ranges. Last year 50% of the eligible funds were allocated to the Riste Redevelopment activity fund and the remaining 50% were allocated to the Dakota County CDA's housing rehabilitation loan program. At the November 26,2007 EDA meeting the Board approved staffs recommendation for the allocation ofFY08 CDBG funds. Staff recommended allocating 50% of the funds to the Dakota County CDA's housing rehabilitation loan program with the understanding that said funds will be used exclusively for the benefit of Farmington homeowners. The remaining 50% of funds were proposed to be used to support the newly created Business Reinvestment Loan Program and will be allocated to our existing Commercial Rehabilitation activity fund. This activity fund could support other commercial rehab projects if authorized by the EDA. Attached is a proposed Resolution that has been prepared in the format required by the Dakota County CDA. Ifthe Resolution is adopted by the City Council, staffwill submit a completed application that is consistent with the terms of the Resolution to the Dakota County CDA. ACTION REQUESTED Adopt the attached Resolution regarding the City's application for CDBG funds which are to be allocated to the following activity funds: . 50% of said funds to the Dakota County CDA's housing rehabilitation loan program, with the understanding that said funds will be used exclusively for the benefit of Farmington homeowners and, . 50% of said funds to the Commercial Rehab activity fund. Respectfully submitted, ~ r~-ffixl5\ I~ Tina Hansmeier, Economic Development Specialist A RESOLUTION APPROVING THE APPLICATION OF THE CITYITOWNSHIP OF FARMINGTON FOR FISCAL YEAR 2008 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City/Township of Farminoton is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2008 (ending June 30, 2009); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested fiscal year 2008 CDBG applications to be submitted by December 14, 2007, based on a district formula allocation of funds approved in the 1984 Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City/Township of Farminoton hereby approves the following: 1. The Fiscal Year 2008 CDBG application is approved for submission to the Dakota County CDA. 2. The City Administrator for the City/Township is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf 0 the City/Township, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. Adopted by the City/Town Council of Farminoton this ,2007. day of CITY/TOWNSHIP OF FARMINGTON By: Mayor ATTEST: City Administrator APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Application must be received by the Dakota County Community Development Agency NO LATER THAN DECEMBER 14, 2007 (for Program Year 2008 beginning 7/01/08) '+Ci'heral.l~formatidij;;i'i:;':!:. Applicant Name: Peter Herlofsky, Jr. CD District: 4 Contact Name: Tina Hansmeier, Economic Development Specialist Applicant Address: 325 Oak Street City, State, Zip: Farmington, MN 55024 Phone: 651-463-1801 Fax: 651-463-2591 Email: pherlofsky@ci.farmington.mn.us IPr~posedProJects/Actl~Jtle8 #1 Title: Housing Rehabilitation CDBG Request: $30,400 #2 Title: Commercial Rehabilitation CDBG Request: $30,400 #3 Title: CDBG Request: #4 Title: CDBG Request: #5 Title: CDBG Request: Total Request: $60,800 PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 40% of the proposed funding can be for PUBLIC SERVICES. As public services may not account for more than 15% of the County's total funding, public service requests may need to be decreased once all applications are submitted and reviewed by CDA staff. I Certification I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD's issuance of a Release of Funds Notice. Signature of Authorized Official Date City Administrator Title of Authorized Official PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL OF THE REQUEST FOR CDBG FUNDS It. Project/Activity Title: Please complete the following Sections I-VI for EACH proposed project/activity. (For example, if 3 projects/activities are being proposed, there will be 3 sets of the following pages.) Project/Activity # 1 Project/Activity Title: Housina Rehabilitation [I. Project/Activity Information Describe the proposed project/activity. Loan assistance for Single-family homes that need rehabilitation. X Yes o No Has this Project/Activity received CDBG funding before? Check the eligible activity category of the proposed project/activity: (See attached definitions) o Acquisition/Disposition: _ Vacant or undeveloped property _ Commercial property _ Residential property o Demolition/Clearance o Economic Development X Rehabilitation ...x..- Owner occupied housing _ Rental housing Commercial o General Administration o Relocation Describe the project/activity schedule: Proposed Project/Activity Start Date: 7-1-08 o Public Facilities/Improvements: _ Buildings Infrastructure Assessment abatement o Public Services (i.e. child care, recreation programs) o Planning o Homeownership Assistance: _ Support services (i.e. counseling) _ Downpayment assistance _ Other types of purchase financing o Other (please describe): Proposed Project/Activity Completion Date: Onaoina 1 I. rn.CDB~N.ti()nal Objective COBG funded projects/activities must meet one of the program objectives. Check the objective for which the COBG funds will be used. D Low/Mod Area Benefit D Low/Mod Limited Clientele Benefit X Low/Mod Housing Benefit D Low/Mod Jobs Benefit D Slum/Blight Area Benefit D Slum/Blight Spot Benefit D Urgent Need (extremely rare; used only for emergencies): If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Project/Activity live? (Please include map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? How was this documented? D HUD Data (See enclosed map) D Survey (Please include a copy of survey) If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? ~ Households (Income eligibility must be verified by written documentation) Where will this project/activity be available? (address of property, neighborhood, city-wide )Citv-wide If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? (Please choose either people or households for each project.) People/Households How will income be verified? D Income Verification Request Forms D Eligibility Status for other Governmental Assistance program D Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) D Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) 2 If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the "Jobs" National Objective, the business being assisted must enter into an agreement showing commitment that at lease 51 % of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this project/activity create or retain full time equivalencies (FTEs)? D Create D Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? DYes D No What percent of permanent FTEs will be held by or available to low/mod income persons? % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? (Please provide letter from building inspector or other documentation noting deficiencies and include photos) If Slum/Blight Area, what percent of buildings are deteriorated? % What deficiency will be corrected or the public improvement be? flV. Proposed ObJectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Objective #1 Suitable Living Environment Objective #2 Decent Housing Objective #3 Economic Opportunity Outcome #1 Availabilit IAccessibilit D Accessibility for the purpose of creating a suitable living environment D Accessibility for the purpose of providing decent housin D Accessibility for the purpose of creating economic opportunities Outcome #2 Affordabilit D Affordability for the purpose of creating a suitable living environment D Affordability for the purpose of providing decent housin D Affordability for the purpose of creating economic o ortunities Outcome #3 Sustai nabilit D Sustainability for the purpose of creating a suitable living environment X Sustainability for the purpose of providing decent housin D Sustainability for the purpose of creating economic o ortunities Indicate how the project/activity outcome will be measured and projected number of beneficiaries. D People_ D Households _ X Housing Units ~ D Public Facilities _ D Jobs 3 D Businesses D Organizations IV. PriorityNeeds Check the priority need from the Consolidated Plan for which the COBG funds will be used: High Priority Needs - Housing D Renter, elderly, 0-50% of median income D Renter, small related, 0-80% of median income D Renter, all other, 0-50% of median income X Owner, 0-80% of median income High Priority Needs - Community Development D Acquisition of Real Property D Disposition of Real Property D Parks, Recreational Facilities D Water/Sewer Improvements D Street Improvements D Sidewalks D Clearance and Demolition D Clean-up of Contaminated Site D Senior Services D Youth Services D Rental Housing Subsidies D Relocation D Construction of Housing D Direct Homeownership Assistance D Rehabilitation of Single Unit Rehabilitation of Multi-Unit Residential D Rehabilitation of Commercial/Industrial D Code Enforcement D Commercial/Industrial Land Acq./Disposition D Commercial/Industrial Infrastructure Development D Commercial/Industrial Building Acq., Rehab D Planning Medium Priority Needs - Housing D Renter, elderly, 51-80% of median income D Renter, large related, 0-80% of median income Medium Priority Needs - Community Development D Senior Centers D Homeless Facilities D Youth Centers D Solid Waste Disposal Improvements D Flood Plain Improvements D Handicapped Services D Transportation Services D Battered and Abused Spouses Services D Crime Awareness D Fair Housing Activities D Public Housing Modernization D Rehabilitation of Other Publicly Owned Residential D Residential Historic Preservation D Non-Residential Historic Preservation D Other Commercialllndustriallmprovements nt D Economic Development Non-Profit Assistance D Economic Development Technical Assistance D Micro-Enterprise Assistance Low Priority Needs - Community Development These activities should be funded with sources other than CDBG. Privately Owned Utilities Handicapped Centers Neighborhood Facilities Child Care Centers Substance Abuse Services Employment Training Child Care Services Abused and Neglected Child Services Tenant/Landlord Counseling 4 I VI. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $30.400 Total CDSG Request: $30.400 CDSG Percent of Total Cost: 100% Describe all other funding sources. Source of Funds Amount Committed Pending CDBG D X D D D D Please itemize project expenses, using the following guidance as applicable: . Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs . Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs . Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees . Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs . Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs CDSG Funds Requested Total: * * * * * Please review each section for completeness. Each project/activity should have separate Sections r through VL 5 II. .ProJectlActivlty Title: Please complete the following Sections I-VI for EACH proposed project/activity. (For example, if 3 projects/activities are being proposed, there will be 3 sets of the following pages.) Project/Activity # g Project/Activity Title: Commercial Rehabilitation II.. Project/Activity Information Describe the proposed project/activity. Funds will be used to support the newly created Business Reinvestment Loan Program and to support other commercial rehab projects if authorized by the EDA in conjunction with the Dakota County CDA. X Yes o No Has this Project/Activity received CDBG funding before? Check the eligible activity category of the proposed project/activity: (See attached definitions) o Acquisition/Disposition: _ Vacant or undeveloped property _ Commercial property _ Residential property o Demolition/Clearance o Economic Development X Rehabilitation _ Owner occupied housing _ Rental housing ..x.. Commercial o General Administration o Relocation Describe the project/activity schedule: Proposed Project/Activity Start Date: 7-1-08 o Public Facilities/Improvements: _ Buildings Infrastructure Assessment abatement o Public Services (i.e. child care, recreation programs) o Planning o Homeownership Assistance: _ Support services (i.e. counseling) _ Downpayment assistance _ Other types of purchase financing o Other (please describe): Proposed Project/Activity Completion Date: Onaoina 1 [IU. · COBG National Objective COBG funded projects/activities must meet one of the program objectives. Check the objective for which the COBG funds will be used. D Low/Mod Area Benefit D Low/Mod Limited Clientele Benefit D Low/Mod Housing Benefit D Low/Mod Jobs Benefit D Slum/Blight Area Benefit X Slum/Blight Spot Benefit D Urgent Need (extremely rare; used only for emergencies): If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Project/Activity live? (Please include map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? How was this documented? D HUD Data (See enclosed map) D Survey (Please include a copy of survey) If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? (Income eligibility must be verified by written documentation) Households Where will this project/activity be available? (address of property, neighborhood, city-wide) If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? (Please choose either people or households for each project.) People/Households How will income be verified? D Income Verification Request Forms D Eligibility Status for other Governmental Assistance program D Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that aI/ sources of income and assets must be included when calculating annual income) D Presumed benefit (HUD presumes the fol/owing to be low and moderate-income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) 2 If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the "Jobs" National Objective, the business being assisted must enter into an agreement showing commitment that at lease 51 % of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this project/activity create or retain full time equivalencies (FTEs)? D Create D Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? DYes D No What percent of permanent FTEs will be held by or available to low/mod income persons? % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? City-wide (Please provide letter from building inspector or other documentation noting deficiencies and include photos) If Slum/Blight Area, what percent of buildings are deteriorated? % What deficiency will be corrected or the public improvement be? IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Objective #1 Suitable Living Environment Objective #2 Decent Housing Objective #3 Economic Opportunity Outcome #1 Availabilit IAccessibilit D Accessibility for the purpose of creating a suitable living environment D Accessibility for the purpose of providing decent housin D Accessibility for the purpose of creating economic opportunities Outcome #2 Affordabilit D Affordability for the purpose of creating a suitable living environment D Affordability for the purpose of providing decent housin D Affordability for the purpose of creating economic o ortunities Outcome #3 Sustainabilit X Sustainability for the purpose of creating a suitable living environment D Sustainability for the purpose of providing decent housin D Sustainability for the purpose of creating economic o ortunities Indicate how the project/activity outcome will be measured and projected number of beneficiaries. D People D Households D Housing Units D Public Facilities D Jobs _ 3 X Businesses 1 D Organizations I V. Priority Needs Check the priority need from the Consolidated Plan for which the COSG funds will be used: High Priority Needs - Housing D Renter, elderly, 0-50% of median income D Renter, small related, 0-80% of median income D Renter, all other, 0-50% of median income DOwner, 0-80% of median income High Priority Needs - Community Development D Acquisition of Real Property D Disposition of Real Property D Parks, Recreational Facilities D Water/Sewer Improvements D Street Improvements D Sidewalks D Clearance and Demolition D Clean-up of Contaminated Site D Senior Services D Youth Services D Rental Housing Subsidies D Relocation D Construction of Housing D Direct Homeownership Assistance D Rehabilitation of Single Unit Residential D Rehabilitation of Multi-Unit Residential X Rehabilitation of Commercial/Industrial D Code Enforcement D Commercial/Industrial Land Acq.lDisposition D Commercial/Industrial Infrastructure Development D Commercial/Industrial Building Acq., Rehab D Planning Medium Priority Needs - Housing D Renter, elderly, 51-80% of median income D Renter, large related, 0-80% of median income Medium Priority Needs - Community Development D Senior Centers D Homeless Facilities D Youth Centers D Solid Waste Disposal Improvements D Flood Plain Improvements D Handicapped Services D Transportation Services D Battered and Abused Spouses Services D Crime Awareness D Fair Housing Activities D Public Housing Modernization D Rehabilitation of Other Publicly Owned Residential D Residential Historic Preservation D Non-Residential Historic Preservation D Other Commercial/Industrial Improvements D Economic Development Non-Profit Assistance D Economic Development Technical Assistance D Micro-Enterprise Assistance Low Priority Needs - Community Development These activities should be funded with sources other than CDBG. Privately Owned Utilities Handicapped Centers Neighborhood Facilities Child Care Centers Substance Abuse Services Employment Training Child Care Services Abused and Neglected Child Services Tenant/Landlord Counseling 4 I VI. Project Budget Provide the total project cost and CDBG request. Total Project Cost: J30.400 Total COSG Request: J30.400 COSG Percent of Total Cost: 100% Describe all other funding sources. Source of Funds Amount Committed Pending COSG $18,669.00 X D COSG $30,400.00 D X D D Please itemize project expenses, using the following guidance as applicable: . Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs . Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs . Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees . Other Oevelopment Costs -Include relocation, financing costs, environmental reviews, environmental studies, and other development costs . Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs COSG Funds Requested Total: * * * * * Please review each section for completeness. Each project/activity should have separate Sections r through VL 5 7' :..J City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City AdnlliJjstrator(j; Brenda Wendlandt, Human Resources Director FROM: SUBJECT: AFSCME Clerical, Technical, and Professional Unit Settlement DATE: December 3, 2007 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Clerical, Technical and Professional unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Clerical, Technical and Professional bargaining unit effective January 1,2008. This agreement provides for a three percent (3%) wage adjustment effective January 1, 2008 and a three percent (3%) wage adjustment on January 1,2009. The City will continue to contribute a flat rate amount for group insurance provided by the City. This contribution amount will be $737.41 per month for 2008. For 2009, the City contribution shall be the contribution from the previous year increased or decreased by an amount equal to fifty percent (50%) of the aggregate increase or decrease in the HealthPartners Distinction plan. BUDGET IMP ACT Settlement costs negotiated with the AFSCME Clerical, Technical, and Professional bargaining unit are provided for in the 2008 City Budget. ACTION REQUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Clerical, Technical, and Professional Unit. Respectfully submitted, A~1f Human Resources Director cc: file RESOLUTION NO. R -07 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 5, LOCAL UNIT 3815 CLERICAL, TECHNICAL, PROFESSIONAL BARGAINING UNIT FOR THE CONTRACT YEARS OF 2008 AND 2009. 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 3rd day of December, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter l79A, for the clerical, technical, and professional classifications identified in the collective bargaining agreement; and, WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2008 and 2009; and, WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, CouncilS, Local Union 3815 Clerical, Technical, Professional bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A three percent (3%) wage adjustment effective the 1 st day of January, 2008. 2) A three percent (3%) wage adjustment effective the 1 st day of January, 2009. 3) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will be $737.41 per month for 2008. For 2009, the City contribution shall be the contribution from the previous year increased or decreased by an amount equal to fifty percent (50%) of the aggregate increase or decrease in the HealthPartners Distinction plan. Adopted by the Farmington City Council this 3rd day of December, 2007. Mayor Attested to the _ day of December 2007. City Administrator SEAL 7f City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, COWlcilmembers, and City Administrator G Brenda Wendlandt, Human Resources Director FROM: SUBJECT: AFSCME Maintenance Unit Settlement DATE: December 3, 2007 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Maintenance unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Maintenance bargaining unit effective January 1, 2008. This agreement provides for a three percent (3%) wage adjustment effective January 1,2008 and a three percent (3%) wage adjustment on January 1,2009. The City will continue to contribute a flat rate amount for group insurance provided by the City. This contribution amount will be $737.41 per month for 2008. For 2009, the City contribution shall be the contribution from the previous year increased or decreased by an amount equal to fifty percent (50%) of the aggregate increase or decrease in the HealthPartners Distinction plan. BUDGET IMPACT Settlement costs negotiated with the AFSCME Maintenance bargaining unit are provided for in the 2008 City Budget. ACTION REQUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Maintenance Unit. Respectfully submitted, A:~~~~ Human Resources Director cc: file RESOLUTION NO. R -07 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 5, LOCAL UNIT 3815 MAINTENANCE BARGAINING UNIT FOR THE CONTRACT YEARS OF 2008 AND 2009. 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 3rd day of December, 2007 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the maintenance classifications identified in the collective bargaining agreement; and, WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2008 and 2009; and, WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, Council 5, Local Union 3815 Maintenance bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A three percent (3%) wage adjustment effective the 1 st day of January, 2008. 2) A three percent (3%) wage adjustment effective the 1 st day of January, 2009. 3) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will be $737.41 per month for 2008. For 2009, the City contribution shall be the contribution from the previous year increased or decreased by an amount equal to fifty percent (50%) of the aggregate increase or decrease in the HealthPartners Distinction plan. Adopted by the Farmington City Council this 3rd day of December, 2007. Mayor Attested to the day of December 2007. City Administrator SEAL 7L City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator a Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Health Reimbursement Arrangement (HRA) Funding Agreement DATE: December 3, 2007 INTRODUCTION The purpose of this memorandum is to provide information and request approval for the Health Reimbursement Arrangement (HRA) Funding Agreement between the City of Farmington and HealthPartners Administrators, Inc (HP AI). DISCUSSION The City is offering a High Deductible Health Plan with a Health Reimbursement Arrangement (HRA) as part of its benefit package. The City is working with our health insurance carrier, HealthPartners, to establish this account. The City chose HP AI in order to offer automatic cross- over that eliminates excess paperwork for the employee and allows for faster reimbursement of medical expenses. The attached funding agreement allows the transfer of funds from the plan sponsor (the City) to HP AI's payment disbursement account in order to meet the obligations for the HRA. ACTION REQUESTED Approve the Health Reimbursement Arrangement (HRA) funding agreement. Respectfully Submitted, \A; A . i-dfJ/~/L- ~~endlandt, SPHR Human Resources Director cc: file HEALTHPARTNERS ADMINISTRATORS, INC. HRA FUNDING AGREEMENT This FUNDING AGREEMENT is made and effective the day of January 1 S\ 2008 by and between HealthPartners Administrators, Inc. ("HPAI") and City of Farmington ("Plan Sponsor"). WHEREAS, Plan Sponsor has established a Self-Insured employee welfare benefit plan in the form of a Health Reimbursement Arrangement (HRA) for the benefit of certain employees and their eligible dependents (the "HRA"); and WHEREAS, HP AI is the third-party administrator for the HRA; and WHEREAS, HP AI and Plan Sponsor wish to document the Funding Agreement for the HRA prior to finalizing the Administrative Services Agreement which will govern other aspects of the administration of the HRA and other materials relevant to the HRA. NOW THEREFORE, in consideration ofthe foregoing and the covenants contained herein, the parties hereby agree as follows: 1. Transfer of Funds. Upon notification by HPAI in accordance with paragraph 2 below, HPAI will initiate an automatic payment (ACH debit) to transfer funds to be paid by Plan Sponsor under the HRA ("Fund Payments") from Plan Sponsor's account to HPAl's payment disbursement account, ("the Account"), in accordance with the Authorization Agreement for Automatic Payment attached as Attachment A. Such transfer will be made no later than 10:00 a.m., Central Time, on the Friday immediately following the date on which notification is given. If that Friday is a federal holiday, then such transfer will be made no later than 10:00 a.m., Central Time, on the business day immediately following. 2. Notification. On Wednesday of each week, HPAI will notify Plan Sponsor ofthe amount of the ACH debit by transmitting, via e-mail, facsimile or other designated method of transmission, an accounting of amount to be paid by the Plan Sponsor for claims paid under the HRA. A sample of the funding notification form is included in this agreement as Exhibit I. If that Wednesday is a federal holiday, then such notification will be made on the business day immediately following. 3. Late Funding. If Plan Sponsor fails to make the required funds available by the day specified in paragraph 1 hereof, HP AI will make a courtesy follow-up phone call to Plan Sponsor to remind Plan Sponsor of its funding obligation. If Plan Sponsor does not make the required funds available within twenty-four (24) hours of HPAI's follow-up call, HPAI may, at its option: (a) suspend its performance under the Administrative Services Agreement until such time as Plan Sponsor makes all Fund Payments; (b) impose a late payment charge of $1 00 per day; and/or (c) terminate the Administrative Services Agreement pursuant to Section VLB.3 of the ASA or seek other recourse against Plan Sponsor. 1 4. Incorporation into Administrative Services Agreement. This Funding Agreement will be incorporated into the Administrative Services Agreement. All capitalized terms used but not defined herein will have the meanings ascribed to them in the Administrative Services Agreement. 5. Funding Notification Contact Information. Attached hereto as Attachment B is a Funding Notification Contact Form, completed by Plan Sponsor, which contains the name ofthe Plan Sponsor employee or agent to whom notification of funds due is to be e-mailed or faxed and follow-up calls are to be made, if necessary, pursuant to paragraph 2 hereof, as well as that person's e-mail address, telephone and facsimile numbers. Attachment B also contains the name, telephone and facsimile numbers of an alternate contact for notification purposes. In the event that information changes during the term of the Administrative Services Agreement, Plan Sponsor will notify HP AI in writing. 6. Fundine: Ae:reement Amendments. The Funding Agreement can be changed at any time by mutual written agreement between HP AI and the Plan Sponsor, and such changes are automatically incorporated into this Agreement. IN WITNESS WHEREOF, the undersigned, duly authorized officers of the parties, hereby execute this Funding Agreement on behalf of the parties, effective as of the date first above written. City of Farmington Signature: Printed Name: Title: Date: HealthPartners Administrators, Inc. Signature: Printed Name: Title: Date: 2 Attachment A HEAL THP ARTNERS ADMINISTRATORS, INC. Authorization Agreement For Automatic Payment (ACH Debits) We authorize HealthPartners Administrators, Inc. ("The Company") to initiate entries to debit our account described below: Employer Name: Checking Account Number: Financial Institution's Name: Bank Transit/Routing Number: Financial Institution's Address: Attach a voided check or provide the Financial Institution's Routing Number (between the ": :"symbols on the bottom left of your check) This authority is to remain in full force and effect until The Company has received written notification from us of our termination in such time and manner as to afford The Company a reasonable opportunity to act on it. Signature: Full Name: Date: Telephone No: For Company Use: Representative: Location: Retain This Portion For Your Records On (Date) we authorized: HealthPartners Administrators, Inc., at 8170 33rd Ave S, Bloomington, MN 55440-1309 to initiate electronic entries to our checking account and agree to the terms listed on the Authorization Agreement. To cancel this agreement, write to HealthPartners Administrators, Inc., Attn: Membership Accounting, at the address shown above. 3 ATTACHMENT B FUNDING NOTIFICATION CONTACT FORM FOR lIP AI SELF-INSURED CLIENTS Emvlover Desif!Ylated Primarv Contact Name: Title: Phone Number: E-mail Address: Fax Number: Emplover Designated Alternate Contact Name: Title: Phone Number: E-mail Address: Fax Number: Original: Heidi Korengold - HealthPartners Contracts & Benefits CC: Shelly Lickfelt - HealthPartners Product Management Todd Milbrath - HealthPartners Corporate Financial Reporting Mark Townsend - HealthPartners Corporate Financial Reporting ~~!1Y}:l!~~<<!1! ~ _~~~!(hJ~l!~(I!t:.~_ Mt:.I!lP_e_~!1!p A~~~~!l!tn~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ - - { Deleted: Chad Rose - HealthPartners Treasury 4 , . EXHffiIT 1 Claims Paid: Name Amount Jane Doe John Smith David Jones $ $ $ 107.17 68.35 36.58 Total Claims Paid $ 212.10 Voids/Refunds: Name Amount Total VoidslRefunds $ $ 212.10 Net Amount to be Debited from Bank Account Questions: Please contact Kathy Jackson at (952) 687-8490 or Kathy.M.Jackson@HealthPartners.com. Transfer will be made no later than 10:00am Central Time, on the Friday immediately following the date on which notification is given. If that Friday is a federal holiday, then such transfer will be made no later than 10:00am Central Time, on the business day immediately following. 5 7;n City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator (ff Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Flexible Spending Account (FSA) Funding Agreement DATE: December 3,2007 INTRODUCTION The purpose of this memorandum is to provide information and request approval for the Flexible Spending Account (FSA) Funding Agreement between the City of Farmington and HealthPartners Administrators, Inc (HP AI). DISCUSSION The City offers medical and dependent care flexible spending accounts (FSA) as part of its employee benefit package. The City is working with our health insurance carrier, HealthPartners, to administer the FSA. The City chose HP AI in order to offer automatic cross-over that eliminates excess paperwork for the employee and allows for faster reimbursement of medical expenses. The attached funding agreement allows the transfer of funds from the plan sponsor (the City) to HPAI's payment disbursement account in order to meet the obligations for the FSA. ACTION REQUESTED Approve the Flexible Spending Account (FSA) funding agreement. Respectfully Submitted, ~~~ Human Resources Director cc: file HEALTHPARTNERS ADMINISTRATORS, INC. FSA FUNDING AGREEMENT This FUNDING AGREEMENT is made and effective the day of January 1 st, 2008 by and between HealthPartners Administrators, Inc. ("HPAI") and City of Farmington ("Plan Sponsor"). WHEREAS, Plan Sponsor has established a Flexible Spending Account (FSA) for the benefit of certain employees and their eligible dependents; and WHEREAS, HP AI is the third-party administrator for the FSA; and WHEREAS, HP AI and Plan Sponsor wish to document the Funding Agreement for the FSA prior to finalizing the Administrative Services Agreement ("ASA") which will govem other aspects of the administration of the FSA and other materials relevant to the FSA. NOW THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereby agree as follows: 1. Transfer of Funds. Upon notification by HPAI in accordance with paragraph 2 below, HPAI will initiate an automatic payment (ACH debit) to transfer funds to be paid by Plan Sponsor under the FSA ("Fund Payments") from Plan Sponsor's general assets to HPAI's payment disbursement account, ("the Account"), in accordance with the Authorization Agreement for Automatic Payment attached as Attachment A. Such transfer will be made no later than 10:00 a.m., Central Time, on the Friday immediately following the date on which notification is given. If that Friday is a federal holiday, then such transfer will be made no later than 10:00 a.m., Central Time, on the business day immediately following. 2. Notification. On Wednesday of each week, HP AI will notify Plan Sponsor of the amount of the ACH debit by transmitting, via e-mail, facsimile or other designated method of transmission, an accounting of amount to be paid by the Plan Sponsor for claims paid under the FSA. A sample of the funding notification form is included in this agreement as Exhibit 1. 3. Late Funding. If Plan Sponsor fails to make the required funds available by the day specified in paragraph 1 hereof, HP AI will make a courtesy follow-up phone call to Plan Sponsor to remind Plan Sponsor of its funding obligation. If Plan Sponsor does not make the required funds available within twenty-four (24) hours ofHPAI's follow-up call, HPAI may, at its option: (a) suspend its performance under the ASA until such time as Plan Sponsor makes all Fund Payments; (b) impose a late payment charge of$100 per day; and/or (c) terminate the ASA pursuant to Section VI.B.3 of the ASA or seek other recourse against Plan Sponsor. 4. Incorporation into ASA. This Funding Agreement will be incorporated into the ASA. All capitalized terms used but not defined herein will have the meanings ascribed to them in the ASA. 5. Funding Notification Contact Information. Attached hereto as Attachment B is a Funding Notification Contact Form, completed by Plan Sponsor, which contains the name of the Plan 1 Sponsor employee or agent to whom notification of funds due is to be e-mailed or faxed and follow-up calls are to be made, if necessary, pursuant to paragraph 2 hereof, as well as that person's e-mail address, telephone and facsimile numbers. Attachment B also contains the name, telephone and facsimile numbers of an alternate contact for notification purposes. In the event that information changes during the term ofthe ASA, Plan Sponsor will notify HP AI in writing. 6. Funding Agreement Amendments. The Funding Agreement can be changed at any time by mutual written agreement between HP AI and the Plan Sponso~, and such changes are automatically incorporated into this Agreement. IN WITNESS WHEREOF, the undersigned, duly authorized officers ofthe parties, hereby execute this Funding Agreement on behalf of the parties, effective as of the date first above written. City of Farmington Signature: Printed Name: Title: Date: HealthPartners Administrators, Inc. Signature: Printed Name: Title: Date: 2 Attachment A HEALTIIPARTNERS ADMINISTRATORS, INC. Authorization Agreement For Automatic Payment (ACH Debits) We authorize HealthPartners Administrators, Inc. ("The Company") to initiate entries to debit our account described below: Employer Name: Checking Account Number: Financial Institution's Name: Bank Transit/Routing Number: Financial Institution's Address: Attach a voided check or provide the Financial Institution's Routing Number (between the ": :"symbols on the bottom left of your check) This authority is to remain in full force and effect until The Company has received written notification from us of our termination in such time and manner as to afford The Company a reasonable opportunity to act on it. Signature: Full Name: Date: Telephone No: For Company Use: Representative: Location: Retain This Portion For Your Records On (Date) we authorized: HealthPartners Administrators, Inc., at 8170 33rd Ave S, Bloomington, MN 55440-1309 to initiate electronic entries to our checking account and agree to the terms listed on the Authorization Agreement. To cancel this agreement, write to HealthPartners Administrators, Inc., Attn: Membership Accounting, at the address shown above. 3 ATTACHMENT B FUNDING NOTIFICATION CONTACT FORM FOR lIP AI FSA CLIENTS Emvlover Designated Primary Contact Name: Title: Phone Number: E-mail Address: Fax Number: Emvlover Designated Alternate Contact Name: Title: Phone Number: E-mail Address: Fax Number: Original: Heidi Korengold - HealthPartners Contracts & Benefits CC: Shelly Lickfelt - HealthPartners Product Management Todd Milbrath - HealthPartners Corporate Financial Reporting Mark Townsend - HealthPartners Corporate Financial Reporting Kathy Jackson - HealthPartners Membership Accounting Chad Rose - HealthPartners Treasury 4 71'1 City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: VEBA - Welfare Benefit Plans Trust Agreement ~ December 3,2007 DATE: INTRODUCTION The purpose of this memorandum is to provide information and request approval for the Welfare Benefits Plan Trust Agreement between the City of Farmington and Wells Fargo, N.A. (the Trustee). DISCUSSION The City is offering a High Deductible Health Plan with a Health Reimbursement Arrangement (HRA) as part of its benefit package. In conjunction with the HRA, the City is establishing a trust account to provide for the benefit offered through the HRA to be held in a trust account. The trust is intended to meet the requirements of Section 50( c )(9) of the Internal Revenue Code, as amended, as a tax-exempt voluntary employee's beneficiary association (VEBA). The City is working with our health insurance carrier, HealthPartners, and Wells Fargo to establish this VEBA trust account. The attached trust agreement holds all money and future investments and earnings in trust and shall be administered by Wells Fargo as the Trustee for the purpose of providing benefits to persons eligible to receive benefits under the City's HRA planes). This agreement has also been reviewed by the City Attorney. ACTION REQUESTED Approve the Welfare Benefits Plan Trust Agreement between the City of Farmington and Wells Fargo, N.A. Respectfully Submitted, ~e~ Human Resources Director cc: file City of Farmington WELFARE BENEFIT PLANS TRUST AGREEMENT Effective January 1,2008 City of Farmington WELFARE BENEFIT PLANS TRUST AGREEMENT Table of Contents Page ARTICLE 1. GENERAL.............................................................................................................. 1 1.1 Name of Trust......................................................................................................... 1 1.2 Definitions............................................................................................................... 1 (01) Employer..................................................................................................... 1 (02) Fiscal year.................................................................................................. 1 (03) Fund............................................................................................................ 1 (04 ) Named Fiduciary......................................................................................... 1 (05) Administrator.............................................................................................. 2 (06) Plans............................................................................................................ 2 1.3 Establishment of Trust............................................................................................ 2 1.4 Amendments ...................... .... ................................ .......... ....................................... 2 1.5 Certification of Fiduciaries..................................................................................... 2 1.6 General Purpose, Construction and Applicable Law.............................................. 2 ARTICLE 2. 2.1 2.2 2.3 2.4 ARTICLE 3. 3.1 3.2 3.3 ARTICLE 4. 4.1 4.2 4.3 4.4 TRUST FUND ................................ .... ............................................................ ........ 2 Composition............................................................................................................ 2 Contributions........................................................................................................... 3 No Diversion of Fund............................................................................................. 3 Assignments or Alienation...................................................................................... 3 TRUSTEE ............. ............................ ...... ...... ... ................................... .................... 3 General Responsibility............................................................................................ 3 Powers of Trustee................................................................................................... 4 Compensation and Expenses................................................................................... 7 RECORDS AND ACCOUNTING ......................................................................... 7 Records and Accounting ............. ........................................................ .................... 7 Annual Report......................................................................................................... 7 Approval of Reports................................................................................................ 8 Record Retention.................................................................................................... 8 ARTICLE 5. INVESTMENTS ..................................................................................................... 8 5.1 General.................................................................................................................... 8 5.2 Appointment of Investment Manager ........................................................ ............. 9 ARTICLE 6. TRUSTEES ........................................................................................................... 12 6.1 Co-trustees............................................................................................................ 12 -1- ",. ARTICLE 7. 7.1 7.2 7.3 7.4 ARTICLE 8. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 ARTICLE 9. 9.1 9.2 9.3 CHANGE IN TRUSTEE..... ................ ......... ........ ...... ........... ......... ...................... 12 Resignation........................................................................................................... 12 Removal................................................................................................................ 12 Successor............................................................................................................... 12 Duties on Succession............................................................................................ 12 MISCELLANEOUS .................. ... ......... .................................. ......... .................... 12 Incompetent Payee................................................................................................ 12 Evidence................................................................................................................ 13 Third Parties.......................................................................................................... 13 Audits.................................................................................................................... 13 Trustee Warranty Against Conviction.. .......... ...................................................... 13 Successors............................................................................................................. 13 Titles..................................................................................................................... 13 Gender and Number. ................ ....... ......... ........ ..................................................... 13 Protective Clause.................................................................................................. 13 Limited Effect of Plan and Trust .......................................................................... 13 Nondiscrimination Requirements Under Code Section 505................................. 14 AMENDMENT AND TERMINATION .............................................................. 14 Amendment of Trust Provisions.. ......................................................................... 14 Termination of Plan.............................................................................................. 14 Termination of Trust............................................................................................. 14 -11- ., City of Farmington WELFARE BENEFIT PLANS TRUST AGREEMENT THIS TRUST AGREEMENT is made effective January 1, 2008, between City of Farmington (hereinafter called the "Employer"), and Wells Fargo Bank, N.A. (hereinafter referred to as "the Trustee"); WITNESSETH: WHEREAS, the Employer has established certain welfare benefit plans to provide benefits to eligible employees of the Employer in accordance with the terms of those plans; and WHEREAS, the Employer desires to provide benefits under certain of those plans through a trust that is intended to meet the requirements of Section 501 (c )(9) of the Internal Revenue Code (the "Code"), as amended, as a tax-exempt voluntary employees' beneficiary association; and WHEREAS, the Employer desires the Trustee to act as trustee with respect to said plans, and the Trustee has indicated its willingness to do so, all pursuant to the terms of this Trust Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, the parties agree as follows: ARTICLE 1 GENERAL 1.1 Name of Trust. This Trust shall be known as the City of Farmington WELFARE BENEFIT PLANS TRUST (hereinafter called the "Trust"). 1.2 Definitions. Except as otherwise provided herein, the terms and phrases used herein shall have the following meanings: (01) The term the "Employer" includes City of Farmington and its successors and assigns. (02) The "Fiscal Year" is the period commencing January 1st and ending the following December 31 st. (03) The "Fund" is the "Trust Fund" as defined in paragraph 2.1 held by the Trustee pursuant to the provisions of this Trust Agreement. (04) The "Named Fiduciary" shall be the Employer. The Employer may from time to time appoint one or more additional named fiduciaries. The information provided in this document is not intended as legal or tax advice. Questions regarding tax ramifications, as they relate to a particular circumstance, should be directed to your tax advisor. Iflegal advice is required, seek the services of a competent attorney. (05) The "Administrator" is the Employer, unless otherwise designated by the Employer or under the provisions of a Plan under which benefits will be provided through this Trust. The Administrator of each Plan shall maintain all records for the Plans. (06) The terms "Plans" and "Plan" refer, collectively and individually, to any employee welfare benefit plan which is (i) adopted by the Employer for certain employees of the Employer, and (ii) designated by an officer or person responsible for plans of the Employer as a plan under which benefits will be provided through the Trust; provided, however, that no such plan shall be a "Plan" within the meaning of this subsection (06) unless provision of benefits under that Plan through the Trust will not disqualify the Trust as a voluntary employees' beneficiary association under Section 501(c)(9) of the Code. Any such designation will be made on Exhibit A to this Trust which may be updated from time to time. 1.3 Establishment of Trust. Until such time as the Trustee named herein resigns or is removed by the Employer, all assets of the Fund shall be held in trust by the Trustee and shall be invested and administered pursuant to the provisions hereof. 1.4 Amendments. The Employer may amend the Plans from time to time as the Plans provide. However, the duties and responsibilities ofthe Trustee shall be governed solely by this Trust Agreement. If the terms of any Plan or Plan Amendment conflict with the terms of this Trust, the Trust document shall control. 1.5 Certification of Fiduciaries. The Employer shall certify to the Trustee the name of the person or persons who have authority on behalf of the Employer to communicate with and direct the Trustee as to disbursements from, investments of and any other matter relating to the Trust Fund. Upon request, the Employer shall provide the Trustee with a specimen signature of each of the persons referred to above. The Trustee may rely on the latest certificate without further inquiry or verification. 1.6 General Purpose. Construction and Applicable Law. This Trust is intended to qualify as a voluntary employees beneficiary association under Section 50 1 (c)(9) of the Code and to be entitled to tax exemption under Section 501(a) thereof. The Trustee may assume, until advised to the contrary, that the Trust is so qualified and entitled to said tax exemption. This Trust Agreement shall be construed and administered consistent with said intent. It shall also be construed and administered according to the laws of the State of Minnesota to the extent that such laws are not preempted by the laws of the United States of America. ARTICLE 2 TRUST FUND 2.1 Composition. All money, securities and other property received by the Trustee to be held in trust under this Agreement together with all future investments and all earnings and accumulations, shall be held and administered by the Trustee, in trust, in a fund referred to herein as the "Trust Fund," in accordance with the terms and provisions of this Agreement. The Trust -2- Fund shall be held, administered and disbursed by the Trustee without distinction between principal and income. 2.2 Contributions. The Trustee shall have no duty to require that any contributions be made to it, to determine that the contributions received by it comply with the provisions of a Plan or with any resolution of the Employer, or to calculate or collect any contributions payable to it pursuant to a Plan. The responsibility of the Trustee shall be limited to the sums of money, securities, and other property actually received by it. 2.3 No Diversion of Fund. The Trust Fund shall exist solely for the purposes of (i) providing benefits to persons eligible to receive benefits under any Plan and (ii) defraying reasonable expenses of administering the Plans. No part of the net earnings of the Trust Fund may inure to the benefit of any private shareholder or individual other than through the payment of benefits permitted by the Plans and this Trust, nor may any part of the corpus or income of the Trust be used for, or diverted to, purposes other than for the exclusive benefit of participants in or beneficiaries of a Plan. Notwithstanding the foregoing, if any contribution or portion thereof is made by the Employer by a mistake of fact, the Trustee shall, upon written request of the Employer, return such contribution to the Employer within the timeframe permitted by law. 2.4 Assignments or Alienation. No part of the Trust Fund nor any amounts becoming due or payable under any insurance policies pursuant to a Plan shall be liable for the debts, contracts or engagements of any person covered by a Plan, nor shall any part of the Trust Fund be taken in execution by levy, attachment or garnishment, or by any other legal or equitable proceedings nor shall any such person have any right to alienate, anticipate, commute, pledge, encumber or assign any benefits or payments under a Plan except in accordance with the provisions of that Plan, as determined by the Administrator. ARTICLE 3 TRUSTEE 3.1 General Responsibility. The Trustee shall perform its duties and exercise its powers subject to all provisions this Trust Agreement and applicable laws and regulations governing trustees. The general responsibilities of the Trustee shall be as follows: (01) Except as otherwise provided herein, the Trustee shall have exclusive authority and discretion to control the assets comprising the Trust Fund, except that the Named Fiduciary shall direct the Trustee with regard to all matters involving the investment and reinvestment of the Trust Fund, unless the Trustee and the Named Fiduciary agree otherwise in writing. (02) The Trustee shall hold, administer, and disburse the assets of the Trust Fund in accordance with the powers and subject to the restrictions stated herein. (03) As directed by the Administrator, the Trustee shall apply for, obtain and hold for the benefit of eligible employees, group insurance policies under which some or all of the benefits of a Plan may be provided; shall cancel, modify, amend or replace such policies; shall make remittances of premiums to an insurance Employer issuing any such policy; shall receive premium refunds and dividends from such insurance Employer and -3- distribute the same as directed by the Administrator in such proportions as the Administrator in its sole discretion shall determine. (04) Upon direction of the Administrator, the Trustee shall pay claims for uninsured welfare benefits provided by the terms of a Plan to the persons entitled thereto or to any agent, administrator or delegate appointed or engaged by the Administrator to process and pay such claims. (05) The Trustee shall pay fees and expenses of the Trustee and/or the Administrator and make payments for any other purpose consistent herewith. (06) The Trustee shall have no responsibility or authority with respect to the operation and administration of the Plans, and the rights, powers and duties of the Trustee shall be governed solely by the terms of this Trust Agreement without reference to the other provisions of the Plan. (07) The Trustee shall create separate sub-accounts in the Trust Fund as the Employer or its delegate shall direct. Each such separate sub-account shall be for accounting purposes only and shall not restrict the Named Fiduciary in investing the Fund as a single fund. (08) As soon as reasonably practicable following the close of each Fiscal Year, and as soon as reasonably practicable after the resignation or removal of a Trustee has become effective, the Trustee shall determine the fair market value of the Trust Fund as of the end of such Fiscal Year or effective date of resignation or removal, as the case may be. If the fair market value of an asset in the Trust Fund is not available as of such date, the fair market value of the asset shall be determined in good faith by the Named Fiduciary, assuming an orderly liquidation at the time of such determination. 3.2 Powers of Trustee. Subject to the limitations and requirements of Sections 2.3 and 3.1 hereof, the Trustee shall have the right, power, and authority to take any action and to enter into and carry out every agreement with respect to the Trust Fund that may be necessary or advisable to carry out the purpose and intent of this Trust Agreement, except that the Trustee shall have no authority or responsibility to determine the investments of the Trust Fund; such authority and responsibility shall rest with the Named Fiduciary unless the Trustee and Named Fiduciary otherwise agree in writing. Without limiting the generality of the foregoing and in addition to all other powers and authorities specifically granted to the Trustee, the Trustee shall have the following powers and authorities, except as otherwise provided herein: (01) To hold securities and other properties in bearer form or in the name ofa nominee or nominees without disclosing any fiduciary relationship; provided, however, that on the books and records of the Trustee such securities and properties shall be shown to be a part of the Trust Fund, and no such registration or holding by the Trustee shall relieve it from liability for the safe custody and proper disposition of such securities and properties in accordance with the terms and provisions hereof. (02) To sell, grant options to buy, transfer, assign, convey, exchange, mortgage, pledge, lease or otherwise dispose of any of the properties comprising the -4- Trust Fund, but solely at such prices and on such terms and in such manner as directed by the Named Fiduciary. (03) To renew, extend or participate in the renewal or extension of any note, bond or other evidence of indebtedness, or any other contract or lease, or to exchange the same, or to agree to a reduction in the rate of interest or rent thereon or to any other modification or change in the terms thereof, or of the security therefore, or any guaranty thereof, but solely as directed by the Named Fiduciary; to waive any default, whether in the performance of any covenant or condition of any such note, bond or other evidence of indebtedness, or any other contract or lease, or of the security therefore, and to carry the same past due or to enforce any such default as directed by the Named Fiduciary; to exercise and enforce any and all rights to foreclose, to bid on property in foreclosure; to exercise and enforce in any action, suit or proceeding at law or in equity any rights or remedies in respect to any such note, bond or other evidence of indebtedness, or any other contract or lease, or the security therefore; to pay, compromise and discharge with the funds of the Trust Fund any and all liens, charges or encumbrances upon the same, but solely as directed by the Named Fiduciary, and to make, execute and deliver any and all instruments, contracts or agreements necessary or proper for the accomplishment of any of the foregoing powers as directed by the Named Fiduciary. (04) To borrow such sums of money for the benefit of the Trust Fund from any lender upon such terms, for such period of time, at such rates of interest and upon giving such collateral as directed by the Named Fiduciary; to secure any loan so made by pledge or mortgage of the trust property; and to renew existing loans as directed by the Named Fiduciary. (05) To use the assets ofthe Trust Fund, whether principal or income, for the purpose of improving, maintaining or protecting property acquired by the Trust Fund, and to pay, compromise and discharge with the assets of the Trust Fund any and all liens, charges or encumbrances at any time upon the same, but solely as directed by the Named Fiduciary. (06) To hold un-invested such cash funds as is reasonably necessary during the period of time in which a benefit distribution or other check is outstanding, an investment transaction is pending, or any similar transaction is in progress, or as directed by the Employer to meet the anticipated cash requirements of the Plan from time to time, and to deposit such funds or any part thereof, either separately or together with other trust funds under the control ofthe Trustee in its own deposit department or to deposit the same in its name as Trustee in such other depositories as the Named Fiduciary may direct, without incurring liability for payment of interest thereon, notwithstanding that the Trustee or a related entity may directly or indirectly benefit from any float that accrues, all in accordance with usual and customary banking and fiduciary practices. The Employer acknowledges and approves that any such float shall constitute part of the Trustee's compensation for its services and is in addition to the fees and expenses charged directly to the Employer or the Plan by the Trustee and its affiliates. -5- (07) To receive, collect and give receipts for every item of income or principal of the Trust Fund. (08) To institute, prosecute, maintain or defend any proceeding at law or in equity concerning the Trust Fund or the assets thereof, at the sole cost and expense of the Trust Fund, and to compromise, settle and adjust any claims and liabilities asserted against or in favor of the Trust Fund or of the Trustee, and the Employer shall hereby indemnify and hold the Trustee harmless from any and all loss, cost, expense and liability it may sustain or anticipate by reason thereof. (09) To vote all stocks and to exercise all rights incident to the ownership of stocks, bonds or other securities or properties held in the Trust Fund and to issue proxies to vote such stocks; to enter into voting trusts; to give general or special proxies or powers of attorney, with or without substitution; to sell or exercise any and all subscription rights and conversion privileges; to sell or retain any and all stock dividends; or join in any plan of reorganization, readjustment, merger or consolidation in respect to any corporation whose stocks, bonds or other securities are a part of the Trust Fund, including becoming a member of any stockholders' or bondholders' committee; to accept and hold any new securities issued pursuant to any plan of reorganization, readjustment, merger, consolidation or liquidation; to pay any assessments on stocks or securities or to relinquish the same; and to otherwise exercise any and all rights and powers to deal in and with the securities and properties held in the Trust Fund in the same manner and to the same extent as any individual owner and holder thereof might do, all subject to the direction of the Named Fiduciary. (10) To make application for any insurance contract to be purchased under a Plan, to accept and hold any such contracts and to assign and deliver any such contract as directed by the Named Fiduciary. (11) To employ such agents, experts, counsel and other persons (any of whom may also be employed by or represent the Employer) deemed by the Trustee to be necessary or proper for the administration of the Trust; to rely and act on information and advice furnished by such agents, experts, counsel and other persons; and to pay their reasonable expenses and compensation for services to the Trust from the Trust Fund if not paid directly by the Employer. (12) To payout of the Trust Fund all real and personal property taxes, income taxes and other taxes of any and all kinds levied or assessed under existing or future laws against the Trust Fund, without any approval or direction of the Employer. (13) To pay any tax, charge or assessment attributable to any benefit which, in the Trustee's opinion, it shall or may be required to payout of such benefit; and to require, before making any payment, such release or other document from any taxing authority and such indemnity from the intended payee as the Trustee shall deem necessary for its protection. -6- (14) To retain any funds or property subject to any dispute without liability for the payment of interest, and to decline to make payment or delivery thereof until final adjudication is made by a court of competent jurisdiction. (15) To provide ancillary services to the Trust for not more than reasonable compensation. (16) To participate in and use, in the case of a bank Trustee, the Federal Book Entry Account System (a service provided by the Federal Reserve Bank for its member banks for deposit of Treasury securities). (17) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted to the Trustee. (18) To bring action before any court of competent jurisdiction for instructions with respect to any matter pertaining to the interpretation of this Trust Agreement or the administration of the Trust Fund. (19) To make such equitable adjustments in its accounts and records as the Employer may direct to correct for good faith mathematical, accounting, factual or other errors. 3.3 Compensation and Expenses. The Trustee, other than an individual receiving full-time compensation from the Employer, shall be entitled to receive such reasonable compensation for its services as Trustee or for other ancillary services as may be agreed upon with the Employer. The Trustee shall be entitled to reimbursement for all reasonable and necessary costs, expenses, and disbursements incurred by it in the performance of such services. Such compensation and reimbursements shall be paid from the Trust Fund if not paid directly by the Employer, and shall constitute a lien upon the Trust Fund until paid. ARTICLE 4 RECORDS AND ACCOUNTING 4.1 Records and Accounting. The Trustee shall maintain accurate and detailed records and accounts indicating the amount contributed by the Employer to the Trust, the amount and type of benefits paid, and all investments, receipts, disbursements, and other transactions made hereunder. All such records, books and accounts relating thereto shall be open to inspection by any person designated by the Employer or its delegate at all reasonable times. 4.2 Annual Report. As soon as reasonably practicable following the close of each Fiscal Year, and as soon as reasonably practicable after the resignation or removal of a Trustee has become effective, the Trustee shall file with the Employer or its delegates a written account setting forth all investments, receipts, disbursements, and other transactions effected by it during such year, or during the part of the year prior to the date upon which the resignation or removal became effective, as the case may be, and containing a description of all securities purchased and sold, the cost or net proceeds of sale, the securities and investments held at the end of such year and the cost and fair market value of each item carried on the books of the Trustee, as well as -7- other information in the Trustee's possession which would assist the Administrator with any government reporting requirements. 4.3 Approval of Reports. Upon the Trustee's receipt of written approval by the Employer or its delegate of any such written account or report, or upon the lapse of ninety days after the Employer's or its delegate's receipt of each written account or report, said written account or report shall be deemed to be approved by the Employer, except as to matters, if any, covered by written objections theretofore delivered to the Trustee by the Employer or its delegate regarding which the Trustee has not given an explanation or made a satisfactory adjustment. The Trustee, to the extent permitted by law, shall be released and discharged as to all items, matters, and things set forth in such written account or report other than the matters covered in such written objection as provided herein. The Trustee, nevertheless, shall have the right to have its accounts approved by judicial proceedings if it so elects, in which event the Trustee and the Employer shall be the only necessary parties. Further, in the event that the Employer or its delegate duly delivers to the Trustee written objections to any matter set forth in any such written account or report and said objections are not explained or adjusted to the satisfaction of the Employer, each shall likewise have the right to have the Trustee's accounts reviewed by judicial proceedings if it so elects, in which event, the Trustee and the Employer shall be the only necessary parties. 4.4 Record Retention. The Trustee shall retain its records relating to the Trust as long as necessary for proper administration. ARTICLE 5 INVESTMENTS 5.1 General. Except as otherwise provided herein, the Trustee shall invest and reinvest the principal and income of the Trust in real or personal property of any kind solely as directed by Named Fiduciary (unless the Trustee and the Employer agree otherwise in writing), and shall have no liability for such investment provided it follows the Named Fiduciary's directions. As directed, the Trustee shall not be limited by the laws of any state proscribing or limiting the investment of trust funds by corporate or individual trustees in or to certain kinds, types, or classes of investments or limiting the value or proportion ofthe trust assets that may be invested in anyone property or kind, type, or class of investment. Investments and reinvestments shall be subject to the above standard, and, without limiting the generality of the foregoing, shall also be subject to the following: (01) If the Trustee and the Named Fiduciary agree in writing that the Trustee shall have discretionary authority over the Trust's investments, investments shall be as consistent as reasonably possible with any funding policy communicated to the Trustee in writing by the Employer or its delegate pursuant to the Plans. The Trustee may rely on the latest such communication received by it without further inquiry or verification. (02) As directed, or ifthe Trustee has agreed to have discretionary authority over the Trust's investments, the Trustee may invest and reinvest principal and income of the Trust in common, preferred, and other stocks of any corporation; voting trust certificates; interests in investment trusts; bonds, notes and debentures, secured or -8- unsecured; mortgages on real or personal property; conditional sales contracts; and ownership or leasehold interests in real and personal property. In addition, the Trustee may invest all or any part of the Trust in individual savings accounts, savings certificates or deposit or similar interest-bearing instruments or deposits. The Trustee, if a corporate Trustee, is authorized to invest in such accounts, certificates, or other instruments or deposits issued in its banking capacity or issued by an Affiliate of the Trustee. The amount invested in a savings account, savings certificate, or similar interest-bearing instrument or deposits may exceed the amount insured by the Federal Deposit Insurance Corporation. (03) As directed, or if the Trustee has agreed to have discretionary authority over the Trust's investments, the Trustee may engage in the writing, sale, purchase and exercise of covered call option contracts as an investment for the Trust to the extent directed by the Administrator. (04) As directed, or if the Trustee has agreed to have discretionary authority over the Trust's investments, the Trustee may invest and reinvest all or a portion of the principal or income of the Trust by investing in an annuity contract or contracts, including any agreement or agreements supplemental thereto, issued by an insurance Employer. (05) The Trustee may not invest and reinvest the principal and income of the Trust in stock, securities or real property of the Employer or any Employer directly or indirectly controlling, controlled by, or under common control with the Employer. (06) Notwithstanding the foregoing provisions ofthis Section, the Trustee may invest in shares of any registered investment company, whether or not the Trustee or any of its affiliates provides investment advice or other services to such company and receives compensation for the services provided. 5.2 Appointment of Investment Manager. The Employer or its delegate may appoint one or more investment managers to manage the Fund with the power to acquire and dispose of assets. Each such investment manager shall be a registered investment advisor, insurance company or bank meeting the requirements of any applicable laws. In addition, the Employer, and any other Named Fiduciary (to the extent responsibility for investment ofthe Fund has been delegated to such Named Fiduciary), shall have the authority to direct the Trustee as to the investment and reinvestment of all or any part of the Trust Fund. The appointment of any such investment manager or the designation of any other Named Fiduciary to direct the Trustee as to investment of the Trust Fund shall be subject to the following, notwithstanding any provisions of this Trust Agreement to the contrary: (01) Written notice of each such appointment shall be given to the Trustee a reasonable time in advance of the effective date of the appointment. Such notice shall state what portion of the Trust Fund is to be invested with the investment manager or Named Fiduciary and shall direct the Trustee to segregate such portion of the Trust Fund into one or more separate accounts for each such investment manager or Named -9- Fiduciary. Each such separate account is hereinafter referred to in this Section as an "Investment Account." (02) The Trustee shall not act on any direction or instruction of an investment manager, nor pay premiums to an investment manager which is an insurance company until the Trustee has been furnished with an acknowledgement in writing by such investment manager that it is a fiduciary with respect to a Plan. (03) There shall be a written agreement between the Employer or its delegate and each investment manager or other Named Fiduciary pursuant to which investments shall be managed or directed or, in the case of the Named Fiduciary, in which the powers may be set forth in writing. Any such agreement or written direction is hereinafter referred to as the "Management Agreement." Notwithstanding the foregoing, where an insurance Employer is appointed as an investment manager, the terms of such Management Agreement shall be determined by the Employer or its delegate but the Agreement shall be between the Trustee and such insurance Employer. The Trustee shall receive a copy of each such Management Agreement and all amendments thereto. Except as provided in subsection (10) or as otherwise agreed in writing between the Employer or its delegate and the Trustee, the Trustee shall take only such actions with respect to an Investment Account as may be directed pursuant to the terms of such Management Agreement. Each such Management Agreement with an investment manager or Named Fiduciary shall provide, among other matters, that: (a) all directions given by an investment manager or Named Fiduciary to the Trustee shall be in writing, signed by an officer or partner of the investment manager or Named Fiduciary or by such other person as may be designated in writing by the investment manager or Named Fiduciary (b) all settlement of purchases and sales shall be in the city where the Trustee is located, or such other place as the Trustee may direct; (c) the Trustee is to retain physical custody of or title to all assets included in an Investment Account, except that where the investment manager is a bank or an insurance company, the Management Agreement may provide that such bank or insurance company may hold such assets; provided, however, that the Employer or its delegate may direct the Trustee to enter into a custodianship agreement under which any part or all of the Trust Fund is to be held by the custodian; and provided, further, that the Trustee may leave any part or all of the Trust Fund in an account established in its name with a broker dealer; and (d) the Employer or its delegate, by written notice to the investment manager or Named Fiduciary and the Trustee, may modify or terminate the authority of the investment manager or Named Fiduciary. (04) Payment of the cost of the acquisition, sale or exchange of any security or other property for an Investment Account shall be charged to that Investment Account unless the Management Agreement provides otherwise. -10- (05) Except as provided in subsection (10) hereof, so long as the appointment of an investment manager or Named Fiduciary is in effect, the investment manager or named fiduciary shall have full power and authority to direct the Trustee as to, and full responsibility for, investment of its Investment Account and for the retention and disposition of any assets at any time included in its Investment Account. The Trustee may invest any portion of an Investment Account that would otherwise be held in cash, but shall have no obligation to do so, except as required by subsection (10) hereof. (06) Unless the Management Agreement expressly provides to the contrary, the Investment Manager shall have voting power with respect to all stocks and securities in the Investment Account. (07) The Trustee shall make available to an investment manager or Named Fiduciary copies of or extracts from such portions of its accounts, books or records relating to the Investment Account, as the Trustee may deem necessary or appropriate in connection with the exercise ofthe investment manager's or Named Fiduciary's function, or as the Employer or its delegate may direct. (08) All charges (other than those covered in subsection (04) hereof) against each Investment Account shall be made in such proportions as the Employer or its delegate may direct from time to time. (09) If the authority of an investment manager or Named Fiduciary is terminated and a successor investment manager or Named Fiduciary is not appointed, the assets held in its Investment Account mayor may not continue to be segregated, as the Employer may determine, as the Employer shall resume its role as Named Fiduciary over the Investment Account. The Trustee shall be fully protected in assuming the continuing authority of such investment manager or Named Fiduciary until receipt of written notice of the termination of such authority of an investment manager or Named Fiduciary. (10) Any direction by an investment manager shall be complete with respect to the assets that are the subject of its direction, it being intended that the Trustee shall have no obligation whatsoever to invest or otherwise manage any asset of an investment manager's Investment Account. The Trustee shall follow all directions of the named fiduciary that are made in accordance with the terms of this Trust Agreement. (11) An investment manager or Named Fiduciary shall be entitled to receive such reasonable compensation for its services as may be agreed upon with the Employer or its delegate; provided, however, that a Named Fiduciary shall not be entitled to receive such compensation ifhe or she receives full-time compensation from the Employer. Such compensation shall be paid from the Trust Fund if not paid directly by the Employer in such proportions as the Employer shall determine. The Trustee shall not be responsible for determining the reasonableness of any compensation to be paid to an investment manager or Named Fiduciary. (12) The Employer agrees to indemnify the Trustee for and to hold it harmless against any and all liabilities, losses, or expenses (including reasonable legal fees and -11- expenses) incurred by or asserted against the Trustee at any time by reason of actions taken in accordance with directions of an investment manager or Named Fiduciary or action omitted because no such directions are given. ARTICLE 6 TRUSTEES 6.1 Co-trustees. Co-trustees shall not be permitted under this Trust Agreement. ARTICLE 7 CHANGE IN TRUSTEE 7.1 Resignation. A Trustee may resign at any time by giving thirty (30) days' advance written notice to the Employer and to all other Trustees. 7.2 Removal. The Employer or its delegate may remove any Trustee by giving thirty (30) days' advance written notice to such Trustee. 7.3 Successor. In the event of the resignation orremoval ofa Trustee, the Employer or its delegate shall promptly appoint a successor. If no appointment of a successor is made by the Employer or its delegate within a reasonable time after resignation or removal of the Trustee, any court of competent jurisdiction may appoint a successor after such notice, if any, to the Employer and the retiring Trustee, as such court may deem proper and suitable. The retiring Trustee shall be furnished with written notice from the Employer or its delegate or the court, and shall also be furnished with written evidence of the successor's acceptance of the trusteeship. Only then shall the Trustee cease to be Trustee. 7.4 Duties on Succession. Every successor Trustee accepting a trusteeship under this Trust Agreement shall have all the rights, title, powers, duties, exemptions and limitations ofthe predecessor Trustee. No predecessor Trustee shall have any right, title, or interest in the Trust Fund except as hereinafter provided in the case of the replacement of a Trustee. If a Trustee being replaced, such Trustee shall, upon the appointment and acceptance of a successor Trustee, transfer and deliver the assets of the Trust Fund to the successor after reserving such reasonable assets as it shall deem necessary to provide for its fees and expenses and any sums chargeable against the Trust Fund for which it may be liable. Any predecessor Trustee shall do all acts necessary to vest title of record in the successor Trustee. No person becoming a Trustee hereunder shall be in any way liable or responsible for anything done or omitted to be done by any Trustee prior to such person's acceptance of the trusteeship, nor shall such person have any duty to examine the administration of the Trust prior to such acceptance. ARTICLE 8 MISCELLANEOUS 8.1 Incompetent Payee. If in the judgment of the Employer or its delegate based on information readily available to it, any person entitled to receive payment under a Plan is incapable of personally receiving and giving a valid receipt of the payment of a benefit, the -12- Trustee shall make payment to the guardian or representative of such person or to such other person or institution contributing to or providing for the care and maintenance of such person as the Employer directs. 8.2 Evidence. Evidence required of anyone under this Trust may be by certificate, affidavit, document or other instrument which the person acting in reliance thereon considers to be pertinent and reliable. 8.3 Third Parties. No person, corporate or individual, dealing with the Trustee shall be required to see to the application of any money paid or loaned, or property delivered to the Trustee, nor inquire as to whether the Trustee has complied with the requirements hereof. 8.4 Audits. The Employer shall have the right to cause the books, records, and accounts of the Trustee that relate to the Plans to be examined and audited by independent auditors designated by the Employer at such times as the Employer may determine, and the Trustee shall make such books, records, and accounts available for such purposes at all reasonable times. 8.5 Trustee Warranty Against Conviction. A person accepting trusteeship hereunder warrants that such person has not been convicted of or imprisoned for a crime preventing such person from serving as Trustee hereunder. 8.6 Successors. This Trust Agreement shall be binding on the Employer, the Trustee and its successors and on all persons entitled to benefits under a Plan and their legal representatives. 8.7 Titles. Titles at the beginning of Articles and Sections of this Trust Agreement are for convenience of reference, shall not be considered a part of the Trust, and shall not influence its construction. 8.8 Gender and Number. Pronoun references herein shall be deemed to be of any gender relevant to the context, and words used in the singular may also include the plural. 8.9 Protective Clause. Neither the Employer nor the Trustee shall be responsible for the validity of any contract of insurance issued in connection with a Plan or Trust or for the failure on the part of the insurer to make payments provided in such contract, or for the action of any person which may delay payment or render a contract null and void or unenforceable in whole or in part. 8.10 Limited Effect of Plan and Trust. Neither the establishment of the Plans nor the Trust nor any modification thereof, nor any creation of any fund or account, nor the payment of any welfare benefits, shall be construed as giving to any person covered under the Plan or any other person any legal or equitable right against the Trustee, the Employer, or any officer or employee thereof, except as may otherwise be provided in the Plan or in the Trust. Under no circumstances shall the term of employment of any employee be modified or in any way affected by the Plan or this Trust. -13- 8.11 Nondiscrimination Requirements Under Code Section 505. Employer shall be responsible for ensuring that the nondiscrimination requirements of Code Section 505(b), including the limitation on the amount of annual compensation that may be taken into account by a Plan, are satisfied. ARTICLE 9 AMENDMENT AND TERMINATION 9.1 Amendment of Trust Provisions. Subject to the provisions of Section 2.3, the Trust provided herein may be amended at any time or from time to time in any manner by written agreement of the Trustee and the Employer, and the provisions of any such amendment may be made applicable to the Trust Fund as constituted at the time of the amendment as well as to the part of the Trust Fund subsequently acquired. 9.2 Termination of Plan. The Employer shall have the right at any time to terminate any Plan by delivering to the Trustee written notice of such termination. Upon termination of that Plan, the Employer, by written notice to the Trustee, may direct either: (01) That the Trustee make complete distribution of the assets in the separate Trust Fund established under section 3.1(07) for that Plan to the persons then eligible to receive benefits under that Plan as soon as the Employer directs the Trustee to make such distributions, and provided that such distribution shall be made on the basis of objective and reasonable standards which do not result in unequal payments to similarly situated eligible persons or in disproportionate payments to officers, shareholders, or highly compensated employees ofthe Employer, as determined by the Employer. (02) That any assets remaining in that Trust Fund, after satisfaction of all liabilities to the persons then eligible to receive benefits under that Plan, be applied to provide, directly or through the purchase of insurance, life, sick, accident or other benefits within the meaning of Treasury Regulation Section 1.50l(c)(9)-3, provided, however, that such benefits shall be provided pursuant to criteria that do not provide for disproportionate benefits to officers, shareholders, or highly compensated employees of the Employer. 9.3 Termination of Trust. Subject to the provisions of Section 2.3, the Trust provided herein may be terminated at any time by the Employer. Upon termination of the Trust, Employer shall, by written notice to the Trustee, direct the Trustee as to the disposition of any assets remaining in the Trust after satisfaction of all liabilities to existing beneficiaries of the Plans. Such directions shall be consistent with the provisions of Section 9.2(01) and (02). -14- IN WITNESS WHEREOF, the Employer and the Trustee have executed this document on the day and year first above written. Employer: City of Farmington Dated: ,20_ By: Its: Trustee: Wells Fargo Bank. N.A. Dated: ,20_ By: Its: -15- 70 City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director 'I1r- SUBJECT: Business Associate Agreement DATE: December 3, 2007 INTRODUCTION The purpose of this memorandum is to provide information and request approval for the Business Associate Agreement between the City of Farmington and HealthPartners Administrators, Inc (HP AI). DISCUSSION HPAI will be the administrator for the City's health flexible spending account. Therefore, the City and HP AI must enter into a business associates agreement in order to comply with the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Regulation") under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The attached agreement outlines the terms and conditions pursuant to which the protected health information (PHI) that is provided by, created, or received by, the Business Associate from or on behalf of the City, will be handled. ACTION REQUESTED Approve the Business Associate agreement between the City of Farmington and HealthPartners Administrators, Inc. Respectfully Submitted, ~~ Brenda Wendlandt, SPHR Human Resources Director cc: file i BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("BA Agreement"), effective January 1 S\ 2008 ("Effective Date"), is entered into by and between HealthPartners Administrators, Inc. ("Business Associate") and City of Farmington ("Covered Entity"). The parties have entered into an agreement whereby Business Associate provides certain administrative service for Covered Entity's self-insured employee welfare benefit plan (which may include an agreement for administrative services in connection with a health flexible spending account) (the "ASA") under which Business Associate uses or may use and/or discloses Protected Health Information ("PHI") in its performance ofthe Services described in section 3.1, of this BA Agreement. The parties are committed to complying with the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Regulation") 45 C.F .R. Parts 160 & 164 under the Health Insurance Portability and Accountability Act of 1996 ("HIP AA") as it is currently drafted and as it may be subsequently updated, amended, or revised. This BA Agreement sets forth the terms and conditions pursuant to which PHI that is provided by, or created or received by, Business Associate from or on behalf of Covered Entity will be handled between Business Associate and Covered Entity and with third parties during the term of their ASA and after its termination. 1. SCOPE OF GOVERNING DOCUMENTS. 1.1 Scope. This BA Agreement governs the use and disclosure of PHI. 1.2 Governing Documents. In the event of a conflict between any term or provision of this BA Agreement and the ASA, this BA Agreement shall control to the extent that the subject matter of such conflict is the use or disclosure of PHI. In the event that subject matter of such conflict is not the use or disclosure of PHI, then the ASA shall control. 2. DEFINITIONS. 2.1 Business Associate shall have the meaning set forth in its definition at 45 C.F.R. ~ 160.103. 2.2 Covered Entity. For the purpose ofthis BA Agreement, Covered Entity shall have the meaning set forth in its definition at 45. C.F.R. ~ 160.103. 2.3 Designated Record Set. Designated Record Set shall have the meaning set forth in its definition at 45 C.F.R. ~164.501, and as such provision is currently drafted and as it is subsequently updated, amended, or revised and shall include HealthPartners' enrollment data base and claims database. 2.4 Electronic Protected Health Information. Electronic protected health information ("ePHI") shall have the meaning set forth in its definition at 45 CFR ~ 160.103. t 2.5 Health Care Operations. Health Care Operations shall have the meaning set forth in its definition at 45 C.F.R. ~164.501, as such provision is currently drafted and as it is subsequently updated, amended, or revised. 2.6 Protected Health Information. Protected Health Information ("PHI") shall have the meaning as set forth in its definition at 45 C.F.R. ~ 164.50 1, as such provision is currently drafted and as it is subsequently updated, amended, or revised. 2.7 Security Incident. Security incident shall have the meaning set forth in its definition at 45 C.F.R. ~ 164.304. The Parties agree as follows: 3. PERMITTED USES AND DISCLOSURES OF pm 3.1 Services. Pursuant to the ASA, Business Associate provides services ("Services") for Covered Entity that involve or may involve the use and disclosure of PHI. Except as otherwise specified herein, Business Associate may make any and all uses and disclosures of PHI necessary to perform Services for, or on behalf of, Covered Entity as specified in the ASA, provided that any such use or disclosure would not violate the Privacy Regulation if done by Covered Entity. All other uses and disclosures not authorized by this BA Agreement are prohibited. Moreover, Business Associate may disclose PHI for the purposes authorized by this BA Agreement only (i) to its employees, subcontractors, and agents, provided the requirements set forth in Section 4.1(b), of this BA Agreement, are satisfied, (ii) as directed by Covered Entity, (iii) as required by law or (iv) as otherwise permitted by the terms of this BA Agreement including, but not limited to, Section 3 .2(b), of this BA Agreement. 3.2 Business Activities of the Business Associate. Unless otherwise limited herein, the Business Associate may: a. use PHI in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Business Associate, provided that such uses are permitted under state and federal confidentiality laws. b. disclose PHI in its possession to third parties for the purpose of its proper management and administration or to fulfill any present or future legal responsibilities of Business Associate, provided that Business Associate represents to Covered Entity, in writing, that (i) the disclosures are required by law, as defined in 45 C.F.R. ~164.501 or (ii) Business Associate has received written assurances from the person to whom the information is disclosed assuring its confidential handling of such PHI and that it may only be used or further disclosed as required by law or for the purpose for which it was disclosed to the person and the person notifies 2 "" Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 3.3 Additional Activities of Business Associate. In addition to using PHI to perform Services, Business Associate may: a. At Covered Entity's request, aggregate the PHI in its possession with the PHI of other covered entities that Business Associate has in its possession through its capacity as a business associate to said other covered entities, provided that the purpose of such aggregation is to provide Covered Entity with data analyses relating to the Health Care Operations of Covered Entity . b. At Covered Entity's request, create a Limited Data Set as defined in 45 C.F .R. 9 164.514( e), provided that a data use agreement has been executed. 4. RESPONSffiILITIES OF THE PARTIES WITH RESPECT TO PHI 4.1 Responsibilities of Business Associate. With regard to its use and/or disclosure of PHI, Business Associate hereby agrees to do the following: a. use and/or disclose PHI only as permitted or required by this BA Agreement or as otherwise required by law. b. ensure that all of the Business Associate's subcontractors and agents to whom it provides Electronic Protected Health Information or PHI that has been received from, or created or received by Business Associate on behalf of, Covered Entity agree to: 1) adhere to the same restrictions and conditions on the use and/or disclosure of PHI that apply to the Business Associate; and 2) implement reasonable and appropriate safeguards to protect both Electronic Protected Health Information and/or PHI. c. report to Covered Entity, as soon as is reasonably practicable, from when the Business Associate became aware of (i) any use and/or disclosure of PHI that is not permitted or required by this Agreement; and/or (ii) any Security Incident. d. establish procedures for mitigating, to the greatest extent possible, any deleterious effects from any improper use and/or disclosure of PHI that Business Associate reports to Covered Entity. e. implement appropriate administrative, physical and technical safeguards to prevent: (i) the use or disclosure of PHI that is not permitted or required by the Agreement; and (ii) protect the confidentiality, integrity and availability of Electronic Protected Health Information that Business 3 .,. Associate creates, receives, maintains, or transmits on behalf of the Covered Entity. f. make all of Business Associate's internal practices, records, books, agreements, policies and procedures relating to the use and/or disclosure of PHI received from, or created or received by the Business Associate on behalf of, Covered Entity available to the Secretary ofthe Department of Health and Human Services for purposes of determining Covered Entity's compliance with the Privacy Regulations. g. promptly after receipt of a request, Business Associate shall make available PHI maintained by Business Associate in Designated Record Sets for inspection and copying to enable Covered Entity to fulfill its obligations under the Privacy Regulation, pursuant to 45 C.F.R. ~ 164.524. h. promptly after receipt of a request for an amendment of PHI about an individual in a Designated Record Set, Business Associate shall make available such PHI for such amendment to enable Covered Entity to fulfill its obligations under the Privacy Regulation pursuant to 45 C.F.R. ~ 164.526. i. promptly as is reasonably possible after receipt of a request from Covered Entity, Business Associate shall provide such information as is reasonably requested by Covered Entity to permit Covered Entity to respond to a request by an individual for an accounting of the disclosures of the individual's PHI in accordance with 45 C.F.R. ~164.528. J. subject to Section 5.4, ofthis BA Agreement, return to Covered Entity, or destroy, within 10 days of the termination of this BA Agreement, PHI in its possession and retain no copies. k. disclose to its subcontractors, agents or other third parties and request from Covered Entity only the minimum PHI necessary to perform or fulfill a specific function required or permitted hereunder. 1. implement administrative, physical and technical safeguards that will reasonably and appropriately protect the confidentiality, integrity and availability of ePHI that it creates, receives, maintains or transmits on behalf of the Covered Entity. 4.2 Responsibilities of Covered Entity. With regard to the use and/or disclosure of PHI by Business Associate, Covered Entity hereby agrees to: a. provide to Business Associate the notice of privacy practices of Covered Entity, as well as any changes made to such notice. 4 , b. notify Business Associate, in a timely manner, of any arrangements permitted or required of Covered Entity under 45 C.F .R. parts 160 and 164 that may impact in any manner the use and/or disclosure of PHI by Business Associate under this BA Agreement, including, but not limited to, restrictions on use and/or disclosure of PHI as provided for in 45 C.F.R. ~164.522 agreed to by Covered Entity. 5. TERM AND TERMINATION 5.1 Term. This BA Agreement shall become effective on the date referenced above, and shall continue in effect until all obligations of the Parties have been met, unless terminated as provided in Sections 5.2 or 5.3, of this BA Agreement. In addition, certain provisions and requirements of this BA Agreement shall survive its expiration or other termination in accordance with Section 6.4, of this BA Agreement. 5.2 Termination by Covered Entity. Covered Entity may immediately terminate this BA Agreement and any related agreements if Covered Entity makes the determination that Business Associate has breached a material term of this BA Agreement. Alternatively, Covered Entity may choose to: (i) provide Business Associate with 10 days written notice of the existence of an alleged material breach; and (ii) afford Business Associate an opportunity to cure said alleged material breach upon mutually agreeable terms. Nonetheless, in the event that mutually agreeable terms cannot be achieved within 30 days from the date ofthe written notice of the alleged breach, failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this BA Agreement. In addition, Covered Entity may terminate this BA Agreement in the event that the ASA is terminated. Termination of this BA Agreement shall be effective on the effective date of termination of the ASA. 5.3 Termination by Business Associate. The Business Associate may immediately terminate this BA Agreement and any related agreements ifthe Business Associate makes the determination that the Covered Entity has breached a material term of this BA Agreement. Alternatively, the Business Associate may choose to: (i) provide the Covered Entity with 10 days written notice ofthe existence of an alleged material breach; and (ii) afford the Covered Entity an opportunity to cure said alleged material breach upon mutually agreeable terms. Nonetheless, in the event that mutually agreeable terms cannot be achieved within 30 days from the date ofthe written notice ofthe alleged breach, failure to cure in the manner set forth in this paragraph is grounds for the immediate termination of this BA Agreement. In addition, Business Associate may terminate this BA Agreement in the event that the ASA is terminated. Termination of this BA Agreement shall be effective on the effective date of termination of the ASA. 5 , 5.4 Effect of Termination. Upon the event oftermination of this BA Agreement, pursuant to Sections 5.2 or 5.3, ofthis BA Agreement, Business Associate shall return or destroy all PHI to Covered Entity within 10 days pursuant to 45 C.F.R. S 1 64.504( e )(2)(1), if it is feasible to do so. Prior to doing so, Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for Business Associate to return or destroy said PHI, Business Associate shall continue to extend the protections of Sections 3 and 4, of this BA Agreement, to such PHI and to limit any further uses and/or disclosures. 6. MISCELLANEOUS 6.1 Indemnification by Business Associate. Business Associate hereby agrees to hold harmless, release and indemnify Covered Entity, its directors, officers, employees and agents against any and all claims, suits, expenses (including reasonable attorneys fees and court costs), liabilities or damages (whether resulting from settlement, judgment, arbitration or otherwise) resulting from Business Associate's breach ofthis BA Agreement or breach of any warranty or representation made by Business Associate in this BA Agreement. 6.2 Indemnification bv Covered Entity. Covered Entity hereby agrees to hold harmless, release and indemnify Business Associate, its directors, officers, employees and agents against any and all claims, suits, expenses (including reasonable attorneys fees and court costs), liabilities or damages (whether resulting from settlement, judgment, arbitration or otherwise) resulting from: Covered Entity's breach of this BA Agreement; breach of any warranty or representation made by Covered Entity in this BA Agreement; or any obligation for which Covered Entity is legally responsible to fulfill under HIP AA. 6.3 Obligations. The obligation to provide indemnification under this BA Agreement shall be contingent upon the party seeking indemnification: (a) to provide the indemnifying party with prompt notice of any claim for which indemnification is sought, (b) to allow the indemnifying party to control the defense and settlement of such claim, and (c) to cooperate in all reasonable respects with the indemnifying party in connection with such defense and settlement. 6.4 Survival. The respective rights and obligations of Business Associate and Covered Entity under the provisions of Sections 3.1, 3.2, 3.3, 4.1, 4.2, of this BA Agreement, shall survive termination of this BA Agreement, solely with respect to PHI Business Associate retains in accordance with Section 5.4, of this BA Agreement, because it is not feasible to return or destroy such PHI. In addition, Section 3, of this BA Agreement, shall survive termination of this BA Agreement, provided that Covered Entity determines that the PHI being retained pursuant to Section 5.4, of this BA Agreement, constitutes a Designated Record Set. 6.5 Amendments; Waiver. Except as provided in section 6.12, this BA Agreement may not be modified, nor shall any provision hereof be waived or amended, except in a writing duly sworn by authorized representatives of the Parties. A 6 \ waiver with respect to one event shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events. 6.6 No Third Party Beneficiaries. Nothing expressed or implied in this BA Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and the respective successors or assigns of the Parties, any rights, remedies, obligations, or liabilities whatsoever. 6.7 Notices. Any notices to be given hereunder to a Party shall be made via U.S. Mail or express courier to such Party's address given below, and/or (other than for the delivery of fees) via facsimile to the facsimile telephone numbers listed below. Ifto Business Associate, to: HealthPartners Sales 8100 34th Avenue South Minneapolis, MN 55425 Fax: 952-883-5260 Ifto Covered Entity, to: Initial: Date: Attn: Privacy Officer Fax: Each Party named above may change its address and that of its representatives for notice by the giving of notice thereof in the manner herein above provided. 6.8 Counterparts: Facsimiles. This BA Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Facsimile copies hereof shall be deemed to be originals. 6.9 Disputes. In the event any dispute arises between the Parties concerning this BA Agreement, the concerned Party shall notify the other Party in writing of the existence ofthe dispute and the notifying Party's desire to try informally to resolve the dispute. Following such notice, the Parties shall meet and confer in good faith to resolve such dispute. In the event such efforts do not succeed in resolving the dispute within thirty (30) days from the date the Parties first met to confer, the Parties shall submit the dispute to informal mediation before a mediator mutually agreeable to the Parties. If the Parties are unable to agree upon a mediator, or if such mediation does not resolve the dispute, it shall be submitted 7 , to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrator(s) shall be final and binding upon the Parties, and either Party may have judgment entered upon the award by any court of competent jurisdiction. This provision does not apply to Sections 5.2 or 5.3, ofthis BA Agreement. 6.10 Limitation of Liability. Neither Party shall be liable to the other Party for any incidental, consequential, special, or punitive damages of any kind or nature, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even ifthe other Party has been advised of the possibility of such loss or damages. 6.11 Interpretation. Any ambiguity in the BA Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the Privacy Rule. 6.12 Regulatory Amendment. This BA Agreement may be amended unilaterally by Covered Entity as required due to changes in state or federal law, regulations including security regulations, rules and/or agency guidance, due to changes in accreditation standards and/or guidance, or upon demand by a state or federal agency or accrediting body. Any such amendments shall be effective as of the date so required or demanded. 6.13 Governing Law. Except as otherwise provided under HIPAA or other applicable law, this BA Agreement shall be governed by the laws ofthe State of Minnesota. IN WITNESS WHEREOF, each of the undersigned has caused this BA Agreement to be duly executed in its name and on its behalf effective as of April 14, 2004. COVERED ENTITY BUSINESS ASSOCIATE Signature of Officer or Authorized Representative Signature of Officer or Authorized Representative Print Name Print Name: Print Title: Print Title: Date: Date: 8 ~A.. City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City AdrninistratOlGf Robin Roland, Finance Director TO: SUBJECT: Truth in Taxation Hearing DATE: December 3,2007 INTRODUCTION The City Council adopted a proposed Tax Levy and budget for 2008 with Resolution R 71-07 at the Council meeting on September 17, 2007 and established the Truth in Taxation Hearing to take place at the City Council meeting of December 3,2007. DISCUSSION & BUDGET IMPACT The Truth in Taxation Hearing is held pursuant to State Statute to receive input from residents and other concerned citizens on the proposed budget and tax levy. The hearing will include a presentation by staff of the highlights of the City's proposed 2008 Revenue and Expenditure Budget and the 2008 Proposed Tax levy. Residents have received property specific notices outlining the proposed effect of the 2008 tax levy on their individual property taxes compared to the taxes levied against their property in 2007. The hearing will give residents the opportunity to share their comments and concerns about the proposed 2008 levy and budget. ACTION REQUIRED Receive input on the Proposed 2008 Budget and Tax Levy. Close the public hearing after taking all testimony. Adoption of the Final Budget and Levy will take place at the December 17, 2007 City Council meeting. Respectfully submitted, /~$ Robin Roland Finance Director 2008 TRUTH IN TAXATION City of Farmington City Council presentation December 3, 2007 2008 BUDGET HIGHLIGHTS . Proposed preliminary levy for all purposes is $8,869,919; $943,139 or 11.90/0 over the 2007 levy of $7,926,780. 1 Comparison of Requested Levy 2007 vs. 2008 2007 2008 %Chg General Fund 5,163,510 5,969,241 15.6% Fiscal Disparities 931,980 929,718 -0.2% Fire Levy 65,000 70,200 8% Debt Service 1,766,290 1,900,760 7.6% Total 8,176,780 8,869,919 11.9% 2008 BUDGET HIGHLIGHTS . The City's tax base for 2008 reflects an increase of 8.60/0 over 2007 due to new construction and decertification of TIP districts. 2 Comparison of Total Tax Base Valuation 2007 vs. 2008 2007 2008 %chg Gross Tax Capacity 17,727,621 19,093,587 7.7% Value Less Fiscal Disparities (531,093) (685,007) 28.9% Less Tax Incrmt Values (495,460) (272,869) -44.9% Net Tax Capacity Value 16,701,068 18,135,711 8.6% Comparison Net Tax Capacity 2004 - 2008 5000000 20000000 15000000 10000000 o 2004 2005 2006 2007 2008 3 2008 BUDGET HIGHLIGHTS . General fund revenues are estimated at $9,062,609 with 770/0 from property taxes. . No levy limit in 2008. . Expenditures are proposed to increase by 6.40/0 over 2007 adopted budget. 2008 BUDGET HIGHLIGHTS . Increase due to salary & benefit contractual obligations, PERA increases, new positions, IT charges and capital ouday . Proposed capital ouday for 2008 totals $284,812 and is included in the General Fund expenses. . Additional staffing proposed are a new investigator, administrative support shared by Fire & Human Resources, and two position upgrades. 4 REVENUES 2007 Adopted vs. 2008 Proposed 2007 Adopted 2008 Proposed % change Taxes 6,160,490 6,969,159 13.1% Permits/Licenses 906,200 532,450 -41.2% Intergovernmental 370,000 385,000 4.0% Charges 452,000 506,000 11.9% Fines 79,000 85,000 7.6% Interest 225,000 250,000 11.1% Other 32,000 30,000 -6.2% Transfers In 290,000 305,000 5.2% Total 8,514,690 9,062,609 6.4% 2008 General Fund Revenues 5 EXPENDITURES 2007 Adopted vs. 2008 Proposed 2007 Adopted 2008 Proposed % change Administration 720,216 796,387 10.6% HR/IT 231,626 276,482 19.4% Finance 485,545 498,982 2.8% Carom. Devlp. 431,765 411,515 -4.7% Police 3,179,630 3,361,495 5.7% Fire/Rescue 616,827 740,723 20.1% Public Works 1,544,081 1,623,751 5.2% Parks & Rec. 1,147,470 1,253,274 9.2% Transfers out 157,530 100,000 -36.5% Total 8,514,690 9,062,609 6.4% 2008 General Fund Expenditures 6 Summary . Tax levy increase 11.90/0 over 2007. . Proposed tax levy results in a tax rate for 2008 = 43.70/0; 2007 = 41.80/0. 10 9 8 7 6 5 4 3 2 1 o 2005 2006 2007 2008 o Revenues o Expend o Fund Bal SUMMARY (con't.) . Market value of median value home: 2007 = $241,546,2008 = $241,921 . Market value increase 6.60/0 . City portion of taxes payable median value home: 2007 = $1011; 2008 = $1059 . Real impact of 11.90/0 levy increase: 4.70/0 tax lncrease. 7 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Growth in Budget, Tax Base & Levy 2003 to 2008 2003 2004 2005 2006 2007 2008 --<>- Budget --<>- Tax base -- Levy Where does your tax dollar go? School, $0.39 other, $0.03 City, $0.37 County, $0.21 8 100% 80% 40% T ax dollar comparison 2003 - 2008 60% 20% 0% 2003 2004 2005 2006 2007 2008 o Other o School o County o City 9 /O~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.fa.rmington.mn.us FROM: e"'^\ Mayor and Councilmembers (jf Peter J. Herlofsky, Jr. City Administrator TO: SUBJECT: City Hall Budget Update DATE: December 3,2007 INTRODUCTION / DISCUSSION Attached is an updated project budget for the new City Hall. If there are any questions, please let me know. ACTION REQUESTED For your information. Respectfully submitted, Peter J. Herlofsky, Jr. City Administrator CMuller/Herlofsky/Council Memos/City Hall Budget Update c o ., c u SSG) CltnCl .5 a 'C Eo~ .f='t) -:! .~ o~o ~.- D: .- 0 o ;= CD Z g '2 ~.; E Gl II:: Gl g u .- c .5 III III iiE III Gl II:: III GI ~~ I-~ II:: c ..... ::I 0-' 0' "I C Ol -, "0.. -8~ c"o Gl ~ ~1Il (/) 'E Gl E "0 C Gl E <( (/) - "0 Gl .- oCC "O~ ::I Gl cc~ ~Q)$ 000l ~ -g.~ ~CJ~ ~-.m OGlOl !:::! .g> E U) ::J:;:::; ~CQ~ o '#. cf.. 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Gl o Gl o C Ol c u: .,., .0 "0 l!! Ol Q. l!! Q. CO) '" ~ o N <Ii II) ~ ,.: ... ..... "": ... o -.r. ... o N N ... ... ... II) ..; ... N ,.: ... N ... -.r 00 ~ ~ CO) <Ii o II) ... ~ 00 ..; ~ at ... "'" CO) ... ~ cO ... ~ <Ii ... N ... .., "'" ..; ~ N .,) ... CO) ... ~ i ~ N ... II) ... cO .., 00 = ... N ... 00 ... .q: o o N CO) ... N ~ ...: N ... oi ... ~ cO o '" ,.: II) ... oi ... ~ o o ...: '" N ..; ... ~ ~ en CO) CO) N II) ... oi ... ~ o o o o o N ... ... oi ... ~ o o o o o <Ii II) II) oi ... III l!! ~ .. '6 c Gl Q. >C W ]i o I- ~ Gl o C Ol (ij CC o Gl .e- 0.. ..... o o "I <Xi !:::! ~ Jla... City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us Mayor, Councilmembers, City Administrator ~ W Lee M. Mann, P.E., Director of Public Works/City Engineer TO: FROM: SUBJECT: Authorize Final Design - TH 3/CR 64 Roundabout DATE: December 3, 2007 INTRODUCTION The layout for the proposed roundabout at TH 3 and CR 64 has been determined. MnDDT recently conducted a review workshop for the layout which resulted in identifying the modifications needed for the layout. Finalization of the layout allows commencement of the final design of the roundabout. DISCUSSION Final design of the roundabout needs to be started as soon as possible in order to complete the construction of the roundabout in 2008. The project needs to be let on or about the 1 st of July 2008. The MnDDT review and agreement process time frames require that final plans be submitted to MnDDT by February 1, 2008 in order to receive MnDDT approval by May 30, 2008. The agreement process would run concurrently with the approval process. BUDGET IMPACT The estimated cost of the roundabout at this time is $2,300,000. The proposed cost sharing is as follows: MnDDT: Dakota County: Empire Township: Newland: Farmington: $550,000 $400,000 $380,000 $310,000 $660,000 Farmington's share would be funded out of the City's State Aid account as improvements to Trunk Highways are eligible for State Aid funding. The engineering costs to date to bring the project to its current stage and finalization of the layout are approximately $165,000. The total estimated engineering cost for the project including construction engineering is anticipated to be approximately $570,000. ACTION REQUESTED Authorize by motion, preparation of the plans (final design) for the Roundabout at TH 3/CR 64. Respectfully submitted, ~Yl1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO COUNCIL MEETING ON DECEMBER!U,200:7 Vendor ABM EQUIPMENT & SUPPLY INC. AFFINITY PLUS FEDERAL CREDIT U AGGREGATE INDUSTRIES INC ALCORN BEVERAGE CO. INC. ALF AMBULANCE ALL STAR WIRELESS ALLSTATE SALES & LEASING CORP. AMERICAN ASSOCIATION OF RETIRE AMERICAN ENGINEERING TESTING I ASLAKSON'S BLACKTOPPING SERVIC ASPEN EQUIPMENT CO. ASPENWALL TREE SERVICE INC BAUER BUILT INC Business Unit FIRE SERVICES EMPLOYEE EXPENSE FUND STREET MAINTENANCE DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR ADMINISTRATION PATROL SERVICES SOLID WASTE OPERATIONS SENIOR CENTER PROGRAMS 195TH ST EXTENSION ELM ST RECONSTRUCTION MIL & OVERLAY ANNUAL PRJ SOLID WASTE OPERATIONS CITY HALL BUILDING INSPECTIONS PATROL SERVICES CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 11/19/2007 - 12/02/2007 Object Amount VEHICLE SUPPLIES & PARTS 36.68 36.68 CREDIT UNION PAYABLE 2,230.00 2,230.00 STREET MATERIALS 996.44 996.44 COST OF GOODS SOLD 8,282.05 COST OF GOODS SOLD 22,555.10 30,837.15 PROFESSIONAL SERVICES 9,018.00 9,018.00 CELLULAR PHONES 14.99 14.99 VEHICLE SUPPLIES & PARTS 70.03 70.03 PROGRAMMING EXPENSE 260.00 260.00 PROFESSIONAL SERVICES 9,300.00 PROFESSIONAL SERVICES 16,830.00 26,130.00 CONSTRUCTION CONTRACTS 2,634.64 2,634.64 VEHICLE SUPPLIES & PARTS 2,917.03 2,917.03 PROFESSIONAL SERVICES 479.25 479.25 VEHICLE TIRES 391.37 VEHICLE TIRES 407.36 798.73 ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 2 11/19/2007 - 12/0212007 Vendor Business Unit Object Amount BCA / TRAINING & DEVELOPMENT PATROL SERVICES TRAINING & SUBSISTANCE 50.00 50.00 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 300.21 PILOT KNOB LIQUOR COST OF GOODS SOLD 666.10 966.31 BERRY COFFEE COMPANY ADMINISTRATION OFFICE SUPPLIES 43.74 EMPLOYEE EXPENSE FUND COFFEE FUND 131.21 174.95 BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 4,865.84 STREET MAINTENANCE PROFESSIONAL SERVICES 413.00 STREET CONSTRUCTION PROFESSIONAL SERVICES 2,048.88 ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 125.00 MAIN STREET PROFESSIONAL SERVICES 213.50 195TH ST EXTENSION PROFESSIONAL SERVICES 8,707.50 208th ST WEST PROFESSIONAL SERVICES 1,757.84 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 411.05 ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 16,284.73 TH #3 IMP PROFESSIONAL SERVICES 19,163.25 CITY HALL PROFESSIONAL SERVICES 6,810.86 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 10,429.17 FLAGSTAFF AVE PROFESSIONAL SERVICES 101,603.49 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 617.66 MIL & OVERLAY ANNUAL PRJ PROFESSIONAL SERVICES 890.46 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 10,805.16 HUNTER LIFT STATION PROFESSIONAL SERVICES 2,864.15 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 10,101.59 NPDES Phase II PROFESSIONAL SERVICES 21,325.61 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 2,119.00 WELL #8 PROFESSIONAL SERVICES 4,281.73 INSURANCE PROFESSIONAL SERVICES 187.50 226,026.97 BRAUN INTERTEC CORPORATION CITY HALL PROFESSIONAL SERVICES 1,064.00 1,064.00 BRIESACHER, WAYNE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 7.11 7.11 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page- 3 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount BRIESACHER, WAYNE & MARIL Y SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 36.00 36.00 BURKE, TODD & MIMI SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 55.48 55.48 CAMPBELL KNUTSON LEGISLATIVE CONTROL LEGAL 1,540.00 ADMINISTRATION LEGAL 1,071.39 GENERAL ACCOUNTING LEGAL 210.00 PLANNING & ZONING LEGAL 378.00 POLICE ADMINISTRATION LEGAL 8,614.99 ENGINEERING SERVICES LEGAL 1,232.50 HRAlECONOMIC DEVELOPMENT LEGAL 1,992.00 POLICE FORFEITURES LEGAL 117.60 PARK IMPROVEMENT FUND LEGAL 70.00 MAIN STREET LEGAL 289.94 PRIVATE CAPITAL PROJECTS LEGAL 1,312.31 FLAGSTAFF AVE LEGAL 535.50 17,364.23 CANNON VALLEY PRINTING RECREATION PROGRAM SERVICES OUTSIDE PRINTING 1,846.79 1,846.79 CAP AGENCY SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 218.04 218.04 CARQUEST PATROL SERVICES VEHICLE SUPPLIES & PARTS 29.28 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 24.69 BUILDING MAINT SERVICES EQUIP SUPPLIES & PARTS 38.15 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 13.67 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 178.44 FLEET OPERATIONS LUBRICANTS & ADDITIVES 164.65 448.88 CENTRAL LANDSCAPE SUPPLY ESCROW FUND DEPOSITS PAYABLE 93.93 93.93 CHARLESWOOD ASSOCIATION WELL #8 PROFESSIONAL SERVICES 2,834.79 2,834.79 CINTAS -754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 76.04 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 4 11/19/2007 - 12/0212007 Vendor Business Unit Object Amount DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 30.97 DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 12.00 119.01 CMI MAILING & MARKETING SVS RECREATION PROGRAM SERVICES OUTSIDE PRINTING 2,513.79 2,513.79 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 12,451.55 PILOT KNOB LIQUOR COST OF GOODS SOLD 12,908.96 25,360.51 CONBOY, WENDY SEWER OPERATIONS EXPENSE MILEAGE REIMBURSEMENT 17.94 STORM WATER UTILITY OPERATIONS MILEAGE REIMBURSEMENT 17.95 35.89 CONSTELLATION NEWENERGY GAS DI POLICE ADMINISTRATION NATURAL GAS 674.88 FIRE SERVICES NATURAL GAS 226.59 BUILDING MAINT SERVICES NATURAL GAS 987.11 SWIMMING POOL OPERATIONS NATURAL GAS 130.42 ICE ARENA OPERATIONS EXPENSE NATURAL GAS 1,809.36 DOWNTOWN LIQUOR REV & EXP NATURAL GAS 14.91 3,843.27 CRAWFORD DOOR SALES OF BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 103.40 SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 129.25 SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 129.25 STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 25.85 WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 129.25 517.00 CULLIGAN ULTRAPURE INDUSTRIES ICE ARENA OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 125.67 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 5.45 131.12 CURTIS BENSON & SONS INC FLAGSTAFF AVE PROFESSIONAL SERVICES 1,792.40 1,792.40 DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 47.13 SENIOR CENTER PROGRAMS OTHER SUPPLIES & PARTS 32.97 80.10 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 5 11/19/2007 - 12/0212007 Vendor Business Unit Object Amount DARGIS, LISA ADMINISTRATION OFFICE SUPPLIES 36.28 COMMUNITY DEVELOPMENT MILEAGE REIMBURSEMENT 30.25 66.53 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,809.80 PILOT KNOB LIQUOR COST OF GOODS SOLD 5,289.66 8.099.46 DIRECT SAFETY COMPANY SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 381.85 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 406.97 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 381.86 FLEET OPERATIONS UNIFORMS & CLOTHING 169.70 1,340.38 DIRKS, BREANNA PATROL SERVICES TRAINING & SUBSISTANCE 51.91 51.91 DISCOUNT STEEL INC SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 214.33 214.33 EAGLE5-ARIE #4031, FRATERNAL 0 DOWNTOWN LIQUOR REV & EXP PROGRAMMING EXPENSE 159.75 PILOT KNOB LIQUOR PROGRAMMING EXPENSE 159.75 319.50 ECONO FOODS ADMINISTRATION OFFICE SUPPLIES 34.48 POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 6.34 FIRE SERVICES OTHER SUPPLIES & PARTS 11.46 HRNECONOMIC DEVELOPMENT TRAINING & SUBSISTANCE 6.00 SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 68.44 126.72 EHLERS, JUNE SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 24.00 24.00 ENGINEERING & CONSTRUCTION INN HUNTER LIFT STATION CONSTRUCTION CONTRACTS 26,487.05 26,487.05 ENVIRONMENTAL ENHANCEMENTS LLC PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 1,350.16 1,350.16 ENVIROTECH REMEDIATION SERVICE HRNECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 16,780.00 16,780.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 6 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount EUREKA CONSTRUCTION INC SPRUCE ST EXTENSION CONTRACTS PAYABLE 14,701.24 SPRUCE ST EXTENSION CONSTRUCTION CONTRACTS 4,264.98 18,966.22 EVERGREEN LAND SERVICES FLAGSTAFF AVE PROFESSIONAL SERVICES 1,421.00 1,421.00 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 50.00 50.00 FARMINGTON PRINTING INC POLICE ADMINISTRATION OUTSIDE PRINTING 51.12 FIRE SERVICES OUTSIDE PRINTING 74.55 SENIOR CENTER PROGRAMS OFFICE SUPPLIES 21.30 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 37.27 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 37.28 SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 470.00 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 4.26 SOLID WASTE OPERATIONS OUTSIDE PRINTING 470.00 STORM WATER UTILITY OPERATIONS OUTSIDE PRINTING 470.00 WATER UTILITY EXPENSE OUTSIDE PRINTING 470.00 2,105.78 FARMINGTON YOUTH HOCKEY ASSOCI SWIMMING POOL OPERATIONS EQUIPMENT REPAIR SERVICE 140.54 140.54 FARMINGTON. CITY OF RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 100.00 100.00 FEELY ELEVATOR PARK MAINTENANCE CHEMICALS 782.99 782.99 FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 133.13 133.13 FIRE SAFETY USA INC FIRE SERVICES EQUIP SUPPLIES & PARTS 83.00 RESCUE SQUAD SERVICES EQUIP SUPPLIES & PARTS 119.90 202.90 FIRST AMERICAN TITLE SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 899.75 899.75 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 7 11/19/2007 - 12/0212007 Vendor Business Unit Object Amount FRONTIER COMMUNICATIONS PATROL SERVICES TELEPHONE 67.21 67.21 FRONTIER COMMUNICATIONS OF AME COMMUNICATIONS TELEPHONE 52.91 PILOT KNOB LIQUOR TELEPHONE 5.69 58.60 GARVEY CONSTRUCTION INC STREET MAINTENANCE PROFESSIONAL SERVICES 350.39 350.39 GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 96.50 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 96.50 193.00 GRAINGER INC SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 66.14 66.14 GREENMAN TECHNOLOGIES OF MN IN SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 168.00 168.00 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,052.09 PILOT KNOB LIQUOR COST OF GOODS SOLD 3,154.60 6,206.69 GUNDERSON, KATHY & THOMAS SENIOR CENTER PROGRAMS TRAINING & SUBSISTANCE 50.00 50.00 HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 35.00 35.00 HAYES, DON PARK MAINTENANCE UNIFORMS & CLOTHING 100.00 100.00 HEDLUND IRRIGATION & LANDSCAPI WATER UTILITY EXPENSE PROFESSIONAL SERVICES 410.00 410.00 HEIKKILA STUDIOS INC LEGISLATIVE CONTROL OFFICE SUPPLIES 367.00 367.00 HENDRICKSON, MATT PATROL SERVICES TRAINING & SUBSISTANCE 81.53 81.53 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 8 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,556.90 PILOT KNOB LIQUOR COST OF GOODS SOLD 1.244.60 2,801.50 HOISINGTON KOEGLER GROUP INC FAIRHILL COMM PARKlATH FIELDS PROFESSIONAL SERVICES 225.00 225.00 HOLLATZ, LEE INVESTIGATION SERVICES UNIFORMS & CLOTHING 94.97 94.97 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,341.00 5,341.00 IMAGETECH SERVICES COMMUNITY DEVELOPMENT OFFICE SUPPLIES 121.27 RECREATION PROGRAM SERVICES OFFICE SUPPLIES 121.27 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 121.28 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 121.28 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 121.28 606.38 INTERSTATE BATTERY TWIN CITIES POLICE ADMINISTRATION EQUIPMENT REPAIR SERVICE 24.15 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 20.77 44.92 ITL PATCH COMPANY INC POLICE ADMINISTRATION UNIFORMS & CLOTHING 123.49 123.49 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,895.40 PILOT KNOB LIQUOR COST OF GOODS SOLD 6,427.27 12,322.67 JOHNSON, DAWN RECREATION PROGRAM SERVICES TRAINING & SUBSISTANCE 216.00 216.00 JONES, JEFF STREET MAINTENANCE UNIFORMS & CLOTHING 100.00 100.00 KELLY ELECTRIC INC BUILDING MAl NT SERVICES BUILDING REPAIR SERVICE 24.53 ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 675.00 SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 30.65 SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 30.65 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 9 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 6.13 WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 700.00 WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 30.65 1,497.61 KING LUMINAIRE COMPANY INC ICE ARENA OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 2,318.51 2,318.51 KOEHN, FRED & VERA SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 48.00 48.00 KOHLBECK, MISSIE SENIOR CENTER PROGRAMS MILEAGE REIMBURSEMENT 11.82 11.82 LAKELAND CUSTOM HOMES ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 LANDSCAPE DEPOT WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 38.32 38.32 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 316.00 316.00 LINDQUIST, BRIAN POLICE ADMINISTRATION MILEAGE REIMBURSEMENT 38.80 38.80 LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 32.94 SOLID WASTE OPERATIONS OUTSIDE PRINTING 32.94 STORM WATER UTILITY OPERATIONS OUTSIDE PRINTING 32.94 WATER UTILITY EXPENSE OUTSIDE PRINTING 32.94 131.76 LUBRICATION TECHNOLOGIES INC FLEET OPERATIONS LUBRICANTS & ADDITIVES 1,122.44 1,122.44 LUND MARTIN CONSTRUCTION INC CITY HALL CONSTRUCTION CONTRACTS 292,361.00 292,361.00 M W JOHNSON ESCROW FUND DEPOSITS PAYABLE 4,000.00 4,000.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 10 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount M. AMUNDSON LLP PILOT KNOB LIQUOR COST OF GOODS SOLD 729.78 729.78 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,088.65 PILOT KNOB LIQUOR COST OF GOODS SOLD 3,322.45 6,411.10 MAUS GROUP LLC COMMUNITY DEVELOPMENT PROFESSIONAL SERVICES 6,806.12 HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 6.806.12 13.612.24 MEDTRONIC PHYSIC-CONTROL CORP PATROL SERVICES VEHICLE SUPPLIES & PARTS 264.86 264.86 METROPOLITAN COUNCIL ENVIRONME SEWER OPERATIONS EXPENSE MCES FEES 66,099.61 66,099.61 MILLER, SUE SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 14.19 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 14.20 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 14.20 42.59 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 796.08 796.08 MINNESOTA ENERGY RESOURCES COR HRAlECONOMIC DEVELOPMENT NATURAL GAS 14.91 SWIMMING POOL OPERATIONS NATURAL GAS 5.92 20.83 MINNESOTA PIPE AND EQUIPMENT WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 312.77 WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 2,478.60 2,791.37 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 2,600.52 2,600.52 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,341.00 1,341.00 MN NCPERS LIFE INSURANCE EMPLOYEE EXPENSE FUND PERA LIFE INS PAYABLE 66.00 66.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 11 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount MORTON, LISA SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 60.73 60.73 NORTH COUNTRY CONCRETE INC PARK IMPROVEMENT FUND MN SALES TAX DUE 326.30- DAISY KNOLL PARK OTHER CONSTRUCTION COSTS 2,673.15 DAKOTA CTY ESTATES PARK OTHER CONSTRUCTION COSTS 2,673.15 5,020.00 NORTHLAND CHEMICAL CORP BUILDING MAl NT SERVICES CLEANING SUPPLIES 212.07 212.07 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 630.85 630.85 OLSON, JEFF STREET MAINTENANCE UNIFORMS & CLOTHING 36.01 36.01 ORKIN EXTERMINATING BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 92.91 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 21.80 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 21.80 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 4.37 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 96.52 237.40 PAUSTIS & SONS WINE COMPANY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 613.82 PILOT KNOB LIQUOR COST OF GOODS SOLD 385.83 999.65 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,346.34 PILOT KNOB LIQUOR COST OF GOODS SOLD 3,667.23 6,013.57 PITNEY BOWES ADMINISTRATION RENTAL OF EQUIPMENT 2,018.99 2,018.99 POSTMASTER SEWER OPERATIONS EXPENSE POSTAGE 458.93 SOLID WASTE OPERATIONS POSTAGE 458.93 STORM WATER UTILITY OPERATIONS POSTAGE 458.93 WATER UTILITY EXPENSE POSTAGE 458.93 1,835.72 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 : 05: 54 Council Check Summary Page - 12 11/19/2007 - 12/02/2007 Vendor Business Unit Object Amount PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 13,585.63 EMPLOYEE EXPENSE FUND PERA 16,786.17 30,371.80 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1.056.78 PILOT KNOB LIQUOR COST OF GOODS SOLD 2,065.45 3,122.23 RESOURCE RECOVERY TECHNOLOGIES SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 39,034.80 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 1,436.25 40,471.05 RETZLAFF, BERNICE SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 24.00 24.00 RICKERT CLARK. RECECCA L ESCROW FUND DEPOSITS PAYABLE 76.70 76.70 RIVERTOWN NEWPAPER GROUP ADMINISTRATION LEGAL NOTICES PUBLICATIONS 29.00 HUMAN RESOURCES EMPLOYMENT ADVERTISING 63.00 SEWER OPERATIONS EXPENSE LEGAL NOTICES PUBLICATIONS 36.25 WATER UTILITY EXPENSE ADVERTISING 29.00 157.25 SCHRADER'S LAW ENFORCEMENT SUP BUILDING INSPECTIONS EQUIP SUPPLIES & PARTS 78.81 78.81 SCHWlNESS LLC PILOT KNOB LIQUOR BUILDING RENTAL 14,492.49 14,492.49 SHORE GALLERIES INC POLICE ADMINISTRATION UNIFORMS & CLOTHING 753.25 753.25 SIEM, NATE EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 885.00 885.00 SKB ENVIRONMENTAL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 163.20 163.20 ST PAUL, CITY OF PATROL SERVICES TRAINING & SUBSISTANCE 600.00 600.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 13 11/19/2007 - 12/0212007 Vendor Business Unit Object Amount STREICHER'S PATROL SERVICES OTHER SUPPLIES & PARTS 79.93 PATROL SERVICES UNIFORMS & CLOTHING 309.19 389.12 STRESE, TOM EMPLOYEE EXPENSE FUND TUITION REIMBURSEMENT 885.00 885.00 SUMMIT CUSTOM LANDSCAPE INC NATURAL RESOURCES PROFESSIONAL SERVICES 181.05 181.05 SUNDVALL, TRAVIS PATROL SERVICES UNIFORMS & CLOTHING 74.93 74.93 SUNSOURCE STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 784.46 STORM WATER UTILITY OPERATIONS VEHICLE SUPPLIES & PARTS 784.45 1,568.91 TOLL GAS & WELDING SUPPLY SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 7.72 7.72 TOM'S MOBILE LOCK SERVICE ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 259.99 259.99 TOTAL MEDIA INC INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 47.50 47.50 TRI COUNTY BEVERAGE & SUPPLY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 248.60 PILOT KNOB LIQUOR COST OF GOODS SOLD 164.40 413.00 TROPHY HOUSE INC, THE RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 63.58 63.58 U S BANK PUBLIC SAFETY REVENUE BD 2007 PREPAID EXPENSES 4,673.72 4,673.72 USA MOBILITY WIRELESS, INC INVESTIGATION SERVICES PROFESSIONAL SERVICES 13.41 13.41 VICTORY CORPS BUILDING MAINT SERVICES BUILDING SUPPLIES & PARTS 336.03 336.03 R55CKSUM LOG23000VO Vendor VINOCOPIA WASHINGTON COUNTY WINE MERCHANTS WOLD ARCHITECTS & ENGINEERS IN YORWAY CUSTOM HOMES ZARNOTH BRUSH WORKS INC CITY OF FARMINGTON 11/29/200711 :05:54 Council Check Summary Page - 14 11/19/2007 - 12/0212007 Business Unit Object Amount PILOT KNOB LIQUOR COST OF GOODS SOLD 1,084.60 1,084.60 PATROL SERVICES TRAINING & SUBSISTANCE 200.00 200.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 73.43 73.43 HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 472.37 CITY HALL PROFESSIONAL SERVICES 3,788.59 4,260.96 ESCROW FUND DEPOSITS PAYABLE 2,000.00 2,000.00 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 726.33 726.33 Report Totals 995,875.64 SODERBERG FOGARTY MCKNIGHT PRITZLAFF WILSON