HomeMy WebLinkAbout01.03.12 Council PacketCity of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS COMMENDATIONS
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Jason Bartholomay Christy Fogarty
Terry Donnelly Julie May
AGENDA
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2012
7:00 P.M.
CITY COUNCIL CHAMBERS
6. CITIZEN COMMENTS /RESPONSES TO COMMENTS (This time is reserved for
citizen comments regarding non agenda items. No official Council action can be taken on these items.
Speakers are limited to five minutes to address the Council during "Citizen Comment" time.)
7. CONSENT AGENDA
a) Approve Council Minutes (12/19/11 Regular)
b) School and Conference Engineering
c) Boards and Commissions Attendance Administration
d) Adopt Resolution Approve Gambling Premise Permit Fire Fighters Relief
Association Administration
e) Adopt Resolution Approve Gambling Event Permit Southern Dakota
County Sportsmen's Club Administration
School and Conference Economic Development
Adopt Resolution Accept Donation to Youth Scholarship Program from
Rotary Club of Farmington Parks and Recreation
h) Adopt Resolution Approve 2012 Community Development Block Grant
Application Planning
i) Adopt Joint Resolution Amending Existing Maintenance Agreement for
225 Street Planning
Approve Bills
f)
g)
J)
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
Action Taken
Approved
Approved
Information Received
R1 -12
R2 -12
Information Received
R3 -12
R4 -12
R5 -12
Approved
REGULAR AGENDA
(The Council takes a separate action on each item on the Regular Agenda. If you wish to address the
Council regarding any or all of the items on the Regular Agenda, please address the item when the
item is discussed. Speakers will be given at least three minutes to speak per item. Additional time
may be granted to speakers representing two or more persons.)
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Annual Organizational Matters Administration
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION
a) Preliminary Consideration for Purchase of Property 420 Elm Street
Approved; R6 12
15. ADJOURN
Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651- 280 -6803.
Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation.
Table of Contents
Agenda 2
Approve Council Minutes (12/19/11 Regular)
Minutes 4
School and Conference
2012 CEAM Conference 010312 11
Boards and Commissions Attendance
Memo 12
Adopt Resolution Approve Gambling Premise Permit Fire
Fighters Relief Association
Memo 14
Resolution 15
Adopt Resolution Approve Gambling Event Permit Southern
Dakota County Sportsmen's Club
Memo 16
Resolution 17
School and Conference
Memo 18
Adopt Resolution Accept Donation to the Youth Scholarship
Program from the Rotary Club of Farmington
memo 19
resolution 20
Adopt Resolution Approve Fiscal Year 2012 CDBG Application
2012 CDBG Allocation city council 21
2012 CDBG RESOLUTION 23
Adopt Joint Resolution Amending the Existing Maintenance
Agreement for 225th Street
Revised 225th Street agreement CCmemo01032012 24
Castle Rock 225th Maintenance Agreement REV3
010312 25
Approve Bills
List of Bills 28
Annual Organizational Matters
Memo 50
1
COUNCIL MINUTES
REGULAR
December 19, 2011
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Larson led the audience and Council in the Pledge of Allegiance.
3. ROLL CALL
Members Present: Larson, Bartholomay, Donnelly, Fogarty, May
Members Absent: None
Also Present: Joel Jamnik, City Attorney; David McKnight, City Administrator;
Teresa Walters, Finance Director; Brenda Wendlandt, Human
Resources Director; Cynthia Muller, Executive Assistant
Audience: Beve Preece, Lenny Hall
4. APPROVE AGENDA
Councilmember May pulled items 7i) Approve AFSCME Clerical, Technical and
Professional Unit Settlement, 7j) Approve AFSCME Maintenance Unit Settlement, 7k)
Approve Annual Adjustment for Non Represented Employees for separate vote.
MOTION by Fogarty, second by Donnelly to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
Mr. Dick Graelisch, 1020 3 Street, stated a couple weeks ago we had a heavy rain and
the water was backing up at 3` and Maple Streets. The catch basin was full of leaves, so
he cleaned it out and then the water receded. When the snow thaws the same thing
happens in that area. He felt the street sweeper is put away too early.
7. CONSENT AGENDA
MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as
follows:
a) Approved Council Minutes (12/5/11 Regular)
b) Adopted RESOLUTION R59 -11 accepting donation from Farmington Travel
Baseball Association for Prairieview Park Ballfield Improvements Parks and
Recreation
c) Set January 9, 2012 for Board and Commission Interviews Administration
d) Adopted RESOLUTION R60 -11 approving Gambling Event Permit Knights of
Columbus Administration
e) Received information November 2011 Financial Report Finance
4
Council Minutes (Regular)
December 19, 2011
Page 2
f) Adopted RESOLUTION R64 -11 approving Heritage Preservation Consultant
Contract Planning
g) Approved Fire Chief Appointment Administration
h) Approved Rescue Squad Membership Fire Department
I) Approved Contract with Check Diversion Program, LLC Police Department
m) Approved Bills
APIF, MOTION CARRIED.
i) Adopt Resolution Approve AFSCME Clerical Technical and Professional
Unit Settlement Human Resources
j) Adopt Resolution Approve AFSCME Maintenance Unit Settlement
Human Resources
k) Adopt Resolution Approve Annual Adjustment for Non Represented
Employees Human Resources
Councilmember May wanted to be consistent with her voting over the past year
and taking the position of weighing the economic times where many are on a
fixed income or unemployed. She did not want her vote to be taken as being
unappreciative of staff, but she does not believe now is the time for a wage
increase. The fact that each of these items has noted a reduction in the current
contribution amounts for health insurance is primarily due to the decrease in
premiums themselves. She pulled these items for a separate vote and also noted
the Mayor needs to abstain from one of them. Mayor Larson noted he will take
care of it.
MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R61
approving the AFSCME Clerical, Technical and Professional Unit Settlement and
RESOLUTION R62 -11 approving the AFSCME Maintenance Unit Settlement.
Voting for: Larson, Bartholomay, Donnelly, Fogarty. Voting against: May.
MOTION CARRIED. MOTION by Fogarty, second by Donnelly to adopt
RESOLUTION R63 -11 approving the annual adjustment for non represented
employees. Voting for: Bartholomay, Donnelly, Fogarty. Voting against: May.
Abstain: Larson. MOTION CARRIED.
8. PUBLIC HEARINGS
9. A WARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance Amending the City Code Concerning Variances,
Nonconformities and Shoreland Management Regulations Planning
According to State statute the above codes need to be amended. Regarding
variances, the hardship provision was changed to "practical difficulties." The
nonconformities and shoreland management regulations were outdated so they
have been brought into compliance with State laws. MOTION by Fogarty,
second by Bartholomay to adopt ORDINANCE 011 -642 amending sections 10-
3-6, 10 -4 -2 and 10- 6 -18(F) of the Zoning Code. APIF, MOTION CARRIED.
5
Council Minutes (Regular)
December 19, 2011
Page 3
b) Year End 2030 Comprehensive Plan Review Planning
The Comprehensive Plan was to be updated every 2 -3 years. We are going into
the fourth year due to waiting for fmal census numbers. Chapter 5, Housing
Element, has been updated to reflect changes in housing and population. Also a
chapter on Sustainability has been added which deals with items from the Green
Team and also the GreenSteps program. Four chapters including, Community
Vision, Transportation, Water Resources, and Heritage Preservation did not
require updating. Staff plans to have the update process completed in early 2012.
11. UNFINISHED BUSINESS
a) Approve City Administrative Policy and Procedures Manual Human
Resources
Human Resources Director Wendlandt presented changes in the above manual.
Councilmember Bartholomay stated he compared the old and new and did not
notice a lot of changes. He asked if some changes were already saved since
February. Staff explained the original policy manual was done in 1988 or 1989.
Since then it has been revised over the years and was done on the computer. Late
2010 /early 2011 a new manual was created which was brought to Council in
February. Councilmember Bartholomay noted Council had asked for a redlined
copy. He noted the explanation in February was that some editing was done.
Human Resources Director Wendlandt explained the policies were not in one
document. As the policies were pulled together, one document was created and it
was edited along the way. Many changes were non substantial and grammatical.
Wording was consolidated to shorten the length of policies. Some changes were
due to state and federal law changes.
Councilmember May agreed that in the future Council should have a redlined
copy to see the changes. She noted the Planning department does a good job of
this so Council can see if the changes are of any great substance. It is difficult to
know what the changes are without the redline version. Human Resources
Director Wendlandt stated that is the intention with the new manual. The
difficulty with the first version is not everything was in one place so pulling it
together and having to redline a new document was difficult. Now this document
can be updated with a redlined version in the future.
Councilmember Bartholomay asked about section 4.7 Credit Card Use, item 2
stating "Ensure that the card is used only for legitimate City business expenditures
in accordance with the cardholder's job duties. Personal charges incurred as a
part of travel costs can be included and later reimbursed to the City."
Councilmember Bartholomay asked if that could be considered borrowing.
Finance Director Walters stated it is not. We have several people who do not
have City credit cards so they use their own card or purchase things with cash and
bring in the receipt to be reimbursed. The receipt has to be detailed and on a
timely basis. Councilmember Bartholomay asked about using a City credit card
for personal items. Finance Director Walters stated absolutely not. A City credit
6
Council Minutes (Regular)
December 19, 2011
Page 4
card cannot be used for personal items. Councilmember Bartholomay asked if the
wording needed to be changed in this policy. Human Resources Director
Wendlandt stated this is a policy she has not changed and it was done in
conjunction with the previous Finance Director. This was included because there
were times when someone inadvertently used a City credit card rather than their
own and did reimburse the City. This can be changed and brought back to
Council. City Administrator McKnight stated staff will remove the second line of
that item and make it clear to employees.
Councilmember May asked about section 4.6 Nepotism, and asked if spouse
should be included in the list of relatives. Human Resources Director Wendlandt
noted the end of the policy states it does not apply to marital status as protected
under the Minnesota Human Rights Act. Councilmember May asked about
section 5.2 Exempt Employees Paid Leave and Flexible Scheduling and noted
number 2 states, "An exempt employee does not have to use accrued leave in the
case of partial day absences." She asked why that is done. Human Resources
Director Wendlandt stated many of the exempt staff are here for night meetings or
don't work a normal 8:00 am 4:30 pm day. Councilmember May understood an
hour or two, but in the private sector it is half day or full day. Councilmember
Bartholomay agreed. Staff will review this section.
Councilmember May was trying to understand the new PTO and accruals. She
understood new employees as of January 1, 2012 will be on PTO. City
Administrator McKnight clarified that will be new non -union employees.
Councilmember May stated looking at the hours per pay period, she could not see
why someone that is on the old plan would change to the new plan as there is no
incentive. You have accruals for sick leave and vacation and when you total
them, there is no incentive to even consider the new plan. City Administrator
McKnight stated that is correct. Right now this is for non -union employees. One
of the things we agreed on with the two AFSCME groups was to discuss this
issue. If you compare this draft policy to be put into place for current employees
on vacation and sick, there will have to be some give and take. The analogy of no
incentive for current employees to go to PTO is correct. We have not started that
work yet. This was put into place because the purpose prior to his arrival was to
switch employees to PTO over time based on Council's concern over the amount
of compensated absence hours which relates to dollars built up in employees.
This is to catch any new non -union employees. This will have to be discussed
with union employees in 2012.
Councilmember Bartholomay stated the maximum PTO accrual of 320 hours is
low because we do not have a short term disability plan. So the gap between the
320 hours and long term disability (960 hours) is too large where people would
not receive a paycheck. Staff noted under the current plan long term disability
starts on the 181 day which is 6 months. Councilmember Fogarty stated at what
point in time does someone have to take responsibility for getting their own short
term disability? Why is it the City's responsibility for that gap to be covered?
7
Council Minutes (Regular)
December 19, 2011
Page 5
Councilmember Bartholomay agreed, but it is an option. Councilmember Fogarty
agreed with giving employees an option to purchase it with a group rate, but did
not agree with the concept that the City needs to allow them to accrue comp time
up to six months. Human Resources Director Wendlandt stated right now
employees do have the option to purchase short term disability as part of our
benefit program. Councilmember Fogarty noted Council had discussed not
wanting employees to accumulate six months of comp time; it is too much.
Councilmember Bartholomay asked if the short term disability employees here
would pay is comparable to the private sector. Human Resources Director
Wendlandt has not researched that thoroughly, but some companies have a short
term disability plan in place with a wide range. Most have been employer -paid.
Councilmember May stated the primary objective is to decrease the 1,080 hours
(6 months) maximum that can be accrued now.
Councilmember May asked about section 6.6 Compensatory (Comp) Time and if
this can be discussed. In the private sector comp time is required to be used in
that week or at least that month. To be able to accrue comp time for the work you
have done at that pay, she would assume that most employees that have been here
have their 40 hours tucked away. Human Resources Director Wendlandt
explained that over the last three or four years comp time and overtime has been
limited. Schedules have been adjusted rather than accruing the cost of comp time
or overtime. Staff has worked very hard to minimize this amount. Where we see
accruals is during snow plowing season, but they are paid out at the end of the
year for maintenance. For non bargaining we have managed that very carefully.
If any comp time has been allowed it has been adjusted to be paid out in that pay
period. Councilmember May noted it does not state that in the policy. The policy
sounds like they can hold it until they retire. City Administrator McKnight noted
you cannot exceed 40 hours of comp time. Councilmember May would like to
see something in the policy that states it must be used within a certain period of
time of when it is earned or paid out. Human Resources Director Wendlandt
stated there is language in the Maintenance Agreement regarding paying it out at
the end of the year so it does not roll over to the next year at a different rate of
pay. That language could be included in this policy.
Councilmember May asked if there are other things in the contracts that are
different from the policies. Human Resources Director Wendlandt stated yes
there are differences throughout the policy manual. Wherever the policy and the
collective bargaining agreement conflict, the collective bargaining takes
precedence. Councilmember Bartholomay asked if Council can receive a separate
list of those differences. Councilmember May stated we are only talking about
specific areas of the policies; most is standard verbiage. When you get to PTO
accruals she would like an overview of differences in each of the different
departments. Staff noted it is not by department; it is by bargaining group.
Councilmember May stated when staff makes a comment that the contracts take
precedence it is hard to keep track.
8
Council Minutes (Regular)
December 19, 2011
Page 6
City Administrator McKnight asked if Council was comfortable approving the
policies minus sections 5.2 and 6.6 which deal with comp time and the exempt
employee status. Staffwill bring back differences with sick vacation time versus
PTO and provide a summary of the four contracts that may have similar issues to
the policies. Councilmember Bartholomay asked if the contracts have changes
that affect any other sections. City Administrator McKnight noted all union
contracts have overtime clauses. Councilmember Donnelly asked how many non-
bargaining employees are covered by these policies as far as PTO, vacation, sick,
etc. The things Council is most concerned about are negotiated items in the
separate contracts. There are very few employees that these policies govern. The
contracts are for one year so we can start working on this sooner. City
Administrator McKnight noted there are approximately 17 non -union employees.
Staffwill prepare a spreadsheet showing the differences between the policies and
the contracts. Councilmember May noted Council wants to make sure the non-
represented employees are treated as fairly as the rest.
Mayor Larson asked for clarification on sections 5.2 and 6.6. City Administrator
McKnight noted 5.2 pertains to Councilmember May's question regarding the use
of PTO by exempt employees and whether it should be in half day or full day
increments. Section 6.6 covers comp time. Councilmember May also wanted to
review sick leave and vacation. Those are in sections 5.13 and 5.15.
Councilmember Bartholomay asked to pull section 6.4 as well regarding merit
pay. He thought we were not having merit pay. Human Resources Director
Wendlandt stated we aren't, however, the language regarding merit pay was part
of a mediated settlement with regards to a grievance and since it is in the full City
policy, that language is still in this policy. With the bargaining units we will be
discussing merit pay in 2012. As part of those discussions we will also talk about
the non bargaining. The language stayed in the policy because it is part of a
mediated settlement.
MOTION by Donnelly, second by Fogarty to approve the changes to the
Administrative Policies and Procedures manual excepting sections 5.2, 6.6, 5.13,
5.15 and 6.4. APIF, MOTION CARRIED.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember May: Wished everyone a Merry Christmas.
Councilmember Bartholomay: Wished everyone a Merry Christmas. Toys for
Town went very well. He delivered gifts to residents and thanked the Police and Fire
departments, volunteers and those who donated.
Councilmember Fogarty: Toys for Town was a fantastic event. They had 92
families, which was the highest number ever, and over 250 kids. Over 1,000 gifts were
9
Council Minutes (Regular)
December 19, 2011
Page 7
wrapped. It was a really nice showing from the community. Even at the last minute
when the committee was short on cash, the community came through and took care of all
the families. She wished everyone a Merry Christmas and Happy New Year.
Councilmember Donnelly: Wished everyone a Merry Christmas and Happy New Year
and enjoy your family and friends.
City Attorney Jamnik: Wished everyone Happy Holidays.
Finance Director Walters: Happy Holidays.
Human Resources Director Wendlandt: Happy Holidays.
Mayor Larson: Thanked everyone who volunteered for Toys for Town and
those who donated. It was a huge success. He encouraged everyone to shop local. With
the holidays coming, remember to shop at the Farmington Liquor Stores.
14. ADJOURN
MOTION by Fogarty, second by Bartholomay to adjourn at 7:45 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
10
TO: Mayor, Councilmembers, City Administrator
FROM: Kevin Schorzman, P.E., City Engineer
SUBJECT: School and Conference
DATE: January 3, 2012
INTRODUCTION
The City Engineers Association of Minnesota (CEAM) holds its annual meeting in January of
each year. The conference is sponsored by CEAM, the Minnesota Department of Transportation
MnDOT) and the League of Minnesota Cities.
DISCUSSION
This year, the CEAM conference is being held at the Earle Brown Heritage Center in Brooklyn
Center. The meeting is being held January 25 through 27 The conference affords a number
of opportunities to learn about, or be updated on, issues relating to municipal engineering. The
conference includes sessions on asset management, pavement rehabilitation, storm water TMDL
implementation, Americans with Disabilities Act (ADA) transition plans, as well as legal and
legislative changes. The conference also includes updates from state agencies such as MnDOT
and the Minnesota Pollution Control Agency.
BUDGET IMPACT
The cost for this conference is $285.00. Funding for this conference is included in the 2012
budget.
ACTION REQUESTED
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6400 Fax 651.280.6899
WWW'.ci. i anningll n1.mn.LLti
Approve Kevin Schorzman's attendance at the 2012 CEAM annual meeting.
Respectfully Submitted,
Kevin Schorzman, P.E.,
City Engineer
11
�6
TO:
FROM:
SUBJECT:
DATE:
Mayor, Councilmembers and City Administrator
Cynthia Muller, Executive Assistant
Annual Report Boards and Commissions
January 3, 2012
INTRODUCTION DISCUSSION
Section IX of the Council By -laws calls for the submittal of a report stating the number of
meetings and the attendance records for various Board and Commission members.
The 2011 attendance record for all seats on City Boards and Commissions is as follows:
PARKS AND RECREATION ADVISORY COMMISSION
Dawn Johnson
Charlie Weber
Dave McMillen
Mike Haley
Adam Lares
PLANNING COMMISSION
Doug Bonar Present
Dirk Rotty Present
John Franceschelli Present
Steve Kuyper Present
Joseph Vanderbeck Present
WATER BOARD
Tom Jensen
Allan Maguire
Bill Weierke
Jeff Krueger
City of Farmington
430 Third Street
I:armington, Minnesota
651.280.6400 Fax 651.280.6899
w ww.ci.l anningu m.mn.Lti
Present 13 out of 13 meetings
Present 12 out of 13 meetings
Present 12 out of 13 meetings
Present 11 out of 13 meetings
Present 10 out of 13 meetings
12 out of 12 meetings
11 out of 12 meetings
11 out of 12 meetings
9 out of 12 meetings
7 out of 12 meetings
RAMBLING RIVER CENTER ADVISORY BOARD
Sarah Miller
Charles Weber
Fred Schmidtke
Present 10 out of 11 meetings
Present 5 out of 5 meetings (resigned May 2011)
Present 5 out of 5 meetings (appointed July 2011)
Present 9 out of 11 meetings (resigned September 2011)
Present 12 out of 12 meetings
Present 12 out of 12 meetings
Present 12 out of 12 meetings
12
7c_
Kim Lomas
Marilyn Briesacher
Gil Anderson
Beverly Preece
HERITAGE PRESERVATION COMMISSION
John Franceschelli
Beverly Preece
Jackie Dooley
David McMillen
ECONOMIC DEVELOPMENT AUTHORITY
Todd Larson
Jason Bartholomay
Julie May
Christy Fogarty
Terry Donnelly
Geraldine Jolley
Doug Bonar
ACTION REOUESTED
For Council information.
Respectfully submitted,
Cynthia Muller
Executive Assistant
Present 12 out of 12 meetings
Present 11 out of 12 meetings
Present 10 out of 12 meetings
Present 9 out of 12 meetings
Present 5 out of 5 meetings
Present 5 out of 5 meetings
Present 5 out of 5 meetings
Present 5 out of 5 meetings
Present 14 out of 14 meetings
Present 14 out of 14 meetings
Present 13 out of 14 meetings
Present 10 out of 14 meetings
Present 8 out of 14 meetings
Present 5 out of 5 meetings (appointed July 2011)
Present 5 out of 5 meetings (appointed August 2011)
DATE: January 3, 2012
TO: Mayor, Councilmembers and City Administrator
FROM: Cynthia Muller
Executive Assistant
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6400 Fax 651.250,6899
w wwci. t anningt.I m.mn.LLi
SUBJECT: Approve a Gambling Premises Permit Farmington Fire Fighters Relief
Association
INTRODUCTION
The Farmington Fire Fighters Relief Association is requesting a Gambling Premises Permit at 27
5 Street.
DISCUSSION
Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution
from the City, granting permission for gambling to occur at a specific location. The Farmington
Fire Fighters Relief Association is requesting approval to conduct gambling activity at
Farmington Lanes, 27 5 Street. The appropriate application has been received and the Relief
Association is requesting the $50 investigation fee be waived.
BUDGET IMPACT
Gambling permit fees are included in the revenue estimates of the 2012 budget.
ACTION REOUESTED
Consider the attached resolution approving a Gambling Premises Permit for the Farmington Fire
Fighters Relief Association at 27 5 Street.
Respectfully submitted,
Cynthia Muller
Executive Assistant
14
Members Absent: May
RESOLUTION NO. R1 -12
APPROVING A MINNESOTA LAWFUL
GAMBLING PREMISE PERMIT APPLICATION FOR
FARMINGTON FIRE FIGHTERS 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 3` day of
January 2012 at 7:00 p.m.
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or
renew a Gambling Premise Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, the Farmington Fire Fighters Relief Association has submitted an application for a
Gambling Premise Permit to be conducted at 27 5 Street, for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Premise Permit for the Farmington Fire Fighters Relief Association. at 27 5 Street, is hereby
approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3` day of January 2012.
Attested to the V -44 day of January 2012.
SEAL
Mayor
City Administ for
TO:
FROM:
Mayor, Councilmembers and City Administrator
Cynthia Muller
Executive Assistant
City of Farmington
430 Third Street
Farmington, Minncsota
651.2 R0.6 800 Fax 651.280,6899
w wW.ri.l'arrningu m.nln.LL'
SUBJECT: Gambling Event Permit Southern Dakota County Sportsmen's Club
DATE: January 3, 2012
INTRODUCTION
The Southern Dakota County Sportsmen's Club is requesting a Gambling Event Permit for a
raffle.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by
the City for this type of event. An application has been received, along with the appropriate fees.
The City Attorney has reviewed the application and the attached resolution approving the
request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2012 budget.
ACTION REQUESTED
Consider the attached resolution granting a Gambling Event Permit to the Southern Dakota
County Sportsmen's Club, at the American Legion, 10 8 Street, on January 21, 2012.
Respectfully submitted,
Cynthia Muller
Executive Assistant
16
RESOLUTION NO. R2 -12
APPROVING A MINNESOTA LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
SOUTHERN DAKOTA COUNTY SPORTSMEN'S CLUB
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Members Absent: May
Member Fogarty introduced and Member Bartholomay seconded the following:
City Adminis
r 4AL
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 3` day of
January 2012 at 7:00 p.m.
WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or
renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit;
and,
WHEREAS, the Southern Dakota County Sportsmen's Club has submitted an application for a
Gambling Event Permit to be conducted at the American Legion, 10 8 Street on January 21, 2012,
for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gamblin
Event Permit for the Southern Dakota County Sportsmen's Club at the American Legion, 10 8
Street, is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3` day of January 2012.
Attested to the 5/ day of January 2012.
SEAL
City of Farmington
430 Third Street
Farmington. 4inncsata
651280.6800 Fax 651.280.6899
u; wwci.farini Ilgron.rn Il.119
DISCUSSION
TO: Mayor, Councilmembers, and City Administrator
FROM: Tina Hansmeier, Economic Development Specialist
SUBJECT: Economic Development Association of Minnesota (EDAM) Winter Conference
DATE: January 3, 2012
INTRODUCTION
Tina Hansmeier will be attending the winter conference organized by the Economic Development
Association of Minnesota (EDAM). The conference takes place on January 19 and 20 in Minnetonka.
This annual conference provides an opportunity for me to enhance my professional development, learn
about EDAM's strategic areas of focus, network and build relationships, and learn more about recent
economic development initiatives. Topics for the educational sessions include the following:
2012 Legislative Session Preview
Using Technology to Drive Business to Minnesota
Economic Development in Times of the New Normal
DEED and Minnesota's Economic Development Climate
Outcomes from the Governor's Jobs Summit and What's Next
How Do we Maintain and Accelerate Economic Development
The conference will be held at the Minneapolis Marriott Southwest and attracts economic development
professionals from all over Minnesota.
BUDGET IMPACT
The cost for this conference is $225. This amount is provided for in the approved 2012 Community
Development Department budget.
ACTION REOUESTED
This item is for informational purposes only; no action is requested at this time.
Respectfully submitted,
Tina Hansmeier
Economic Development Specialist
18
City of Farmington
Mayor, Councilmembers and City Administrator
TO:
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Adopt Resolution Accept Donation to the Youth Scholarship Program from the
Rotary Club of Farmington
DATE: January 3, 2012
Respectfully Submitted,
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
W W W.Ci.I anningt ni.mnLt'
INTRODUCTION
Previously the City Council approved in 2006 the Rotary Club of Farmington's proposal to
provide annual sponsorship of the Rotary Club of Farmington Parks and Recreation Department
Youth Scholarship Program (Youth Scholarship Program).
DISCUSSION
In 2011 Rotary Club of Farmington has donated $350 to cover 20 youth scholarships that were
approved and given in 2011. The following comparison shows the number of Rotary Club of
Farmington youth scholarships that have been granted since the sponsorship of the program was
approved in 2006:
Number of Total Cost
Scholarships of All
Year Provided Scholarships
2006 67 $2,523.00
2007 69 $3,437.00
2008 44 $2,114.00
2009 31 $1,748.00
2010 45 $1,500.00
2011 20 350.00
Totals 276 $11,672.00
Thanks to the Rotary Club of Farmington's commitment to sponsor the youth scholarship
program you can see that many youths in the community have benefited from their sponsorship
since 2006.
ACTION REQUESTED
Adopt the attached resolution accepting the generous donation of $350.00 from the Rotary Club
of Farmington for the 2011 youth scholarship sponsorships.
Randy Distad
Parks and Recreation Director
19
RESOLUTION No. 143 -12
ACCEPTING DONATION OF $350.00 FROM THE ROTARY CLUB OF
FARMINGTON TO THE ROTARY CLUB OF FARMINGTON AND PARKS AND
RECREATION DEPARTMENT YOUTH SCHOLARSHIP PROGRAM
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 3 day of January,
2012 at 7:00 p.m.
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Members Absent: May
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, a donation of $350.00 has been given to the Rotary Club of Farmington Parks and
Recreation Department's Youth Scholarship Program by the Rotary Club of
Farmington; and,
WHEREAS, it is required by State statute and it is in the best interest of the City to accept such
donation.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with
gratitude the generous donation of $350.00 from the Rotary Club of Farmington to the Rotary
Club of Farmington Parks and Recreation Department's Youth Scholarship Program.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3 day of January 2012.
Attested to the 4 day of January 2012.
SEAL
Mayor
Ci ty Administr for
�1� A RAJ %�G'
f iJ v
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6400• Fax 651 .280.6899
w tv�t.ci.l annin�l +m.miti_�LS
TO: Mayor, Councilmembers, City Administrator
FROM: Tina Hansmeier, Economic Development Specialist
SUBJECT: 2012 Community Development Block Grant Application
DATE: January 3, 2012
INTRODUCTION
The City has the opportunity to apply for approximately $35,000 in Community Development
Block Grant (CDBG) funds for program year 2012 [July 1, 2012 through June 30, 2013]. To
secure the grant money that is available, the City must prepare and submit an application that
specifies eligible activities or projects to which the City intends to apply the available funding.
A completed application is due to the Dakota County Community Development Agency (CDA)
by January 15, 2012 accompanied by an approved City Council resolution.
DISCUSSION
Annually, the City receives [federal] Community Development Block Grant (CDBG) funds
which are distributed by the Dakota County CDA. Last year's allocation amount was $39,800.
The CDA has advised us that President Obama has signed the 2012 HUD budget which includes
an 11.6% cut to CDBG. Farmington's 2012 CDBG allotment is expected to be $35,183.
CDBG funds can only be used for "eligible" projects or activities that meet certain "National
Objectives." Typically such objectives include benefiting low- and moderate income (LMI)
persons, redeveloping slums or blighted areas, and improving housing that benefits individuals
who fall within "low to moderate income" guidelines.
A portion of each year's allocation of CDBG funds are typically directed to the City's
Residential Rehabilitation account which funds the CDA's Home Improvement Loan Program.
The CDA administers this program on behalf of all cities located within the county. All Dakota
County residents are eligible to apply for the Home Improvement Loan Program which assists
low -to- moderate income homeowners with repairs and improvements to their homes. Funds in
Farmington's residential rehab account are used exclusively for the benefit of Farmington
homeowners. Historically, Farmington's rehab funds are depleted each year, forcing the need to
tap into the county -wide rehab account.
The CDA has advised me that all of our previously allocated funds ($84,212.15) have been
committed to loans for Farmington residents. Additionally, the county -wide account funds have
been depleted. There are two Farmington residents which have prequalified for loans, but placed
on a waiting list. Those on the waiting list will conceivably be served faster if Farmington
21
�f�
allocates funds specifically to this activity. Staff recommends allocating 100% of 2012's
allocation to Farmington's Residential Rehabilitation account activity because there is demand
for this program.
The EDA reviewed this suggestion and made a recommendation to the City Council to allocate
100% of 2012's allocation to Farmington's Residential Rehabilitation account.
ACTION REOUESTED
Approve a resolution to allocate $35,183 to the Program Year 2012 CDBG funds for
Farmington's Residential Rehabilitation account.
Respectfully submitted,
Tina Hansmeier
Economic Development Specialist
22
APPROVING THE APPLICATION OF THE CITY OF FARMINGTON FOR FISCAL
YEAR 2012 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING
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 3 day of January
2012 at 7:00 p.m.
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Members Absent: May
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, the City of Farmington is a participating jurisdiction with the Dakota County
CDBG Entitlement Program for Fiscal Year 2012 (ending June 30, 2013); 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 2012 CDBG applications be
submitted by January 15, 2012, based on an allocation of funds approved in the Community
Development Implementation Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the
following:
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3 day of January 2012.
Attest to the day of January 2012.
SEAL
RESOLUTION NO. R4-12
1. The Fiscal Year 2012 CDBG application is approved for submission to the Dakota
County CDA.
2. The City Administrator for the City of Farmington 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 of the City, subject to future Subrecipient Agreements that
may be required for specific CDBG- funded activities.
Mayor
City Administra or
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION DISCUSSION
Respectfully submitted,
Tony Wippler
Assistant City Planner
City of Farmington
430 Third Street
1iarmington, Minnesota
651,280.6400. Fax 651.280.6899
w ww.ci.l anningu nl.mn.LL,
Mayor, Councilmembers and City Administrator
Tony Wippler, Assistant City Planner
Revised 225' Street Maintenance Agreement (Castle Rock Township)
January 3, 2012
Attached, is a proposed revision to the current maintenance agreement (joint resolution) between the City
of Farmington and Castle Rock Township. This agreement was originally entered into by the City
Council on May 1, 2006 and later amended on July 2, 2007 to take into account the annexation of the
Fountain Valley Golf Course property. The most recent revision to this agreement was approved by
Council on December 7, 2009 to extend the expiration date to December 31, 2010.
The proposed revision extends the expiration date of the agreement to December 31, 2013. The Castle
Rock Town Board approved renewing the agreement at its regular meeting on December 13, 2011.
BUDGET IMPACT
Funds to cover the City's portion of the gravel on 225 Street are incorporated into the annual budget.
ACTION REQUESTED
Approve by motion the proposed revised joint resolution with Castle Rock Township (attached) regarding
the maintenance of 225 Street and extending its expiration date to December 31, 2013.
24
R5 -12
TOWN OF CASTLE ROCK
CITY OF FARMINGTON
IN THE MATTER OF THE JOINT
RESOLUTION OF THE TOWN OF
CASTLE ROCK AND THE CITY
OF FARMINGTON, PROVIDING FOR
JOINT MAINTENANCE OF 225 STREET
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Members Absent: May
1
JOINT RESOLUTION
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 3` day
of January 2012 at 7:00 p.m.
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, the City of Farmington has annexed properties from 9` Street to
Biscayne Avenue abutting sections of 225` Street on the north side, a township road
under the jurisdiction and authority of Castle Rock Township, and;
WHEREAS, Minnesota Statutes §414.038 provides that "[w]henever a
municipality annexes property abutting one side of a township road, the segment of road
abutting the annexed property must be treated as a line road and is subject to 164.14"
which in turn specifies that the city and town "may enter into agreements providing for
the equitable division of the costs and responsibilities to be borne by each" and;
NOW, THEREFORE, the Township of Castle Rock and the City of Farmington
jointly agree to the following:
1. The Township and City hereby establish that section of 225 Street from its
western intersection at State Trunk Highway 3 east to the southeast corner of the
Fountain Valley Golf Course property (Biscayne Avenue) as a line road subject to the
joint authority and responsibility of both the city and township over the entire right of
way along this segment.
2. With respect to the western portion of this segment (from Highway 3 east to the
easternmost entrance to the Executive Estates Plat), the City will improve or cause this
segment to be paved to current city standards, and thereafter Castle Rock Township
would plow it in the winter (at the Township's expense) and the City would perform all
other required maintenance (at the City's expense).
3. With respect to the eastern portion of this segment of 225 Street from the
easternmost entrance to Executive Estates to Biscayne Avenue that is not paved, Castle
Rock Township agrees to continue to grade the gravel portion of the roadway sharing the
cost with the City of Farmington at 63% Township and 37% City. If or when this eastern
portion is paved by the developer of Executive Estates and /or The City of Farmington in
a manner consistent with City standards, the City shall perform all required maintenance
(with the exception of snow plowing, which will be performed by Castle Rock Township)
on that portion of the road until December 31, 2013. This interim joint maintenance
agreement will expire on said date, unless the City and the Township have jointly agreed
by then to extend or modify the interim agreement. Factors to be considered at that time
will include the relative number or proportion of City and Township properties served by
the roadway.
Approved and A ted
this LA day
AND
TOWN OF CASTLE ROCK CITY OF FARMINGTON
BY: l
Its Town Board C
Its Te Board Clerk
2019A
2
Approved and Adopted
this 3` day of January, 2012.
Its Mayor
AND (90- it..i��
Its City Administrator
EXHIBIT A
Map of road segments subject to this Agreement.
3
Revision 112 12/7/09
R 60-09
TOWN OF CASTLE ROCK
CITY OF FARMINGTON
IN THE MATTER OF THE JOINT
RESOLUTION OF THE TOWN OF
CASTLE ROCK AND THE CITY
OF FARMINGTON, PROVIDING FOR
JOINT MAINTENANCE OF 225 STREET
JOINT RESOLUTION
WHEREAS, the City of Farmington has annexed properties from 9th Street to
Biscayne Avenue abutting sections of 225 Street on the north side, a township road
under the jurisdiction and authority of Castle Rock Township, and;
WHEREAS, Minnesota Statutes §414.038 provides that "[w]henever a
municipality annexes property abutting one side of a township road, the segment of road
abutting the annexed property must be treated as a line road and is subject to 164.14"
which in turn specifies that the city and town "may enter into agreements providing for
the equitable division of the costs and responsibilities to be borne by each" and;
NOW, THEREFORE, the Township of Castle Rock and the City of Farmington
jointly agree to the following:
1. The Township and City hereby establish that section of 225 Street from its
western intersection at State Trunk Highway 3 east to the southeast corner of the
Fountain Valley Golf Course property (Biscayne Avenue) as a line road subject to the
joint authority and responsibility of both the city and township over the entire right of
way along this segment.
2. With respect to the western portion of this segment (from Highway 3 east to the
easternmost entrance to the Executive Estates Plat), the City will improve or cause this
segment to be paved to current city standards, and thereafter Castle Rock Township
would plow it in the winter (at the Township's expense) and the City would perform all
other required maintenance (at the City's expense).
3. With respect to the eastern portion of this segment of 225 Street from the
easternmost entrance to Executive Estates to Biscayne Avenue that is not paved, Castle
Rock Township agrees to continue to grade the gravel portion of the roadway sharing the
cost with the City of Farmington at 63% Township and 37% City. If or when this eastern
portion is paved by the developer of Executive Estates and/or The City of Farmington in
a manner consistent with City standards, the City shall perform all required maintenance
(with the exception of snow plowing, which will be performed by Castle Rock Township)
on that portion of the road until December 31, 2013.20107 This interim joint
maintenance agreement will expire on said date, unless the City and the Township have
jointly agreed by then to extend or modify the interim agreement. Factors to be
1
25
Rcvision 112 12/7/09
considered at that time will include the relative number or proportion of City and
Township properties served by the roadway.
Approved and Adopted Approved and Adopted
this day of 2011 2009. this 3 day of January, 2012 -day
of December, 2009.
TOWN OF CASTLE ROCK CITY OF FARMINGTON
BY: BY:
Its Town Board Chair Its Mayor
AND AND
Its Town Board Clerk Its City Administrator
26
Revision H2 12/7/09
EXHIBIT A
Map of road segments subject to this Agreement.
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M
TO: Mayor and Councilmembers
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ciSarmington.mn.us
FROM: David McKnight, City Administrator
SUBJECT: Annual Organizational Matters
DATE: January 3, 2012
INTRODUCTION DISCUSSION
State law requires that the City Council address annual organizational matters during its first
regular meeting of the year to make certain designations and appointments and Council has
traditionally taken this time to approve the following actions:
10a(1). Acting Mayor Council By -laws provide that an Acting Mayor be appointed on a
rotating basis in the absence of the Mayor. Councilmember Donnelly, subject to the second
highest number of votes in the 2008 General Election and serving the fourth year of his term, is
eligible for appointment as Acting Mayor.
10a(2). Official Publication Per State Statute 331A.04 Subd.2, the Farmington Independent is
the only publication located within the City's corporate limits and as such the City is required to
designate it as the City's legal newspaper.
The City has also received a bid from ThisWeek Newspapers to become Farmington's legal
newspaper. The City Council has the authority to designate more than one legal newspaper. If
two publications are chosen as the City's legal newspaper, official notices must be submitted to
both papers. This additional expense was not included in the 2012 budget.
10a(3). City Attorney Joel Jamnik with the firm of Campbell Knutson respectfully requests
reappointment as City Attorney for the year 2012. A copy of the current agreement is attached
which does not have an expiration date.
10a(4). Official Depositories Please refer to the attached memo from the City's Finance
Director that identifies official City depositories for fiscal year 2012.
10a(5). Process Servers The Farmington Police Department is the designated City Process
Server for 2012.
10a(6). City Clerk's Bond State law requires the City Clerk be bonded. The City is covered
by a $1,000,000 Faithful Performance bond.
10a(7). Fees and Charges At the October 17, 2011, City Council meeting, Council adopted
Ordinance 011 -638 establishing fees and charges for the year 2012.
50
10a(8). Boards and Commissions Interviews will be held on Monday, January 9, 2012, at 5:30
p.m. for the purpose of selecting Commission candidates. Appointments will be made at the
January 17, 2012, City Council meeting.
10a(9). ALF Ambulance Board Appointment Primary and Alternate A primary and an
alternate Councilmember will need to be appointed to the ALF Board for 2012. Councilmember
May served as the primary representative and Councilmember Bartholomay as alternate.
1Oa(10). DCC Board of Directors Appointment Mayor Larson serves as Director and
Councilmember May as alternate through December 31, 2012.
10a(11). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment Appoint a
Councilmember to serve on this board in 2012. Mayor Larson currently serves on the CEEF
Board.
10a(12). Joint Farmington/Empire Planning Advisory Committee Appointments Appoint
and/or acknowledge a Councilmember, a staff member and Planning Commission representative
to this board. In 2011, Councilmember Fogarty, City Administrator David McKnight, and
Planning Commission Member Doug Bonar served on this committee.
10a(13). Farmington/Castle Rock Discussion Group Appoint and/or acknowledge a
Councilmember, a staff member and Planning Commission representative to this board. In 2011,
Mayor Larson, City Administrator David McKnight, and Planning Commission Member Joseph
Vanderbeck served on this board.
10a(14). Eureka/Farmington Planning Advisory Committee Appoint and/or acknowledge a
Councilmember, a staff member and Planning Commission representative to this board. In 2011,
Councilmember May, City Administrator David McKnight, and Planning Commission Member
Steve Kuyper served on this board.
10a(15). MUSA Review Committee Appointments Appoint two Councilmembers to serve on
this board in 2012. Councilmembers Donnelly and Bartholomay currently serve on this board.
10a(16). Appointment of Director and Alternate to LOGIS Appoint Brenda Wendlandt as
Director and Jim Constantineau as Alternate to LOGIS for 2012.
10a(17). Responsible Authority for data practices appointment Appoint, by resolution, City
Administrator, David McKnight as responsible authority for data practices and Brenda
Wendlandt as compliance officer and Brian Lindquist as responsible authority for law
enforcement for 2012.
10a(18). Council By -laws have been amended to reflect current practices. Approve the Council
By -laws as presented.
1Oa(19). Attached are current Council Policies for review. Council should advise of any desired
changes.
ACTION REOUESTED
Approve appropriate appointments and the above actions as indicated.
51
MOTION by second by as follows:
COUNCIL MEETING
ANNUAL ORGANIZATIONAL MATTERS
JANUARY 3, 2012
10a(1). That Councilmember Donnelly be designated as Acting Mayor from January 4, 2012
through December 31, 2012.
10a(2). That the Farmington Independent be designated as the official publication from January
4, 2012 through December 31, 2012.
l0a(3). Continue the Agreement for Legal Services with Campbell Knutson, Joel Jamnik as City
Attorney for 2012.
l0a(4). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC
Capital Markets, Wells Fargo Investments, Smith Barney Inc., Premier Bank, and Roundbank
(Farmington) be designated as the Official Depositories from January 4, 2012 through December
31, 2012.
l0a(5). That all sworn personnel in the Farmington Police Department be designated as process
servers for the calendar year 2012.
10a(6). Approve a $1,000,000 Faithful Performance bond for the City Clerk.
10a(7). ORDINANCE NO. 011 -638 Establishing Fees and Charges for licenses and permits
for 2012 was adopted October 17, 2011.
10a(8). Appointments to Boards and Commissions Candidates will be interviewed January 9,
2012 and appointments will be made at the January 17, 2012 Council Meeting.
10a(9). Appoint Councilmember as the primary and Councilmember
as the alternate representative to the ALF Ambulance Board.
10a(10). Confirm Mayor Larson as the Director and Councilmember May as the alternate to the
Dakota Communications Center Board of Directors.
10a(11). Appoint Councilmember as the City's representative to the CEEF
Committee.
10a(12). Appoint Councilmember Staff member David McKnight and a
Planning Commission member to the Farmington /Empire PlanningAdvisoiy Committee.
10a(13). Appoint Councilmember Staff member David McKnight and a
Planning Commission member to the Farmington /Castle Rock Discussion Group.
52
10a(14). Appoint Councilmember Staff member David McKnight, and a
Planning Commission member to the Eureka/Farmington Planning Advisory Committee.
10a(15). Appoint Councilmembers
Review Committee.
and to the MUSA
10a(16). Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS
for 2012.
10a(17). Appoint by RESOLUTION R -12 David McKnight as the Responsible Authority for
data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian
Lindquist as Responsible Authority for law enforcement for 2012.
10a(18). Approve Council By -laws as presented.
10a(19). Approve the Council Policies as presented or advise of any desired changes.
APIF, MOTION CARRIED.
53
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cilarmington.mn.us
TO: Mayor and Councilmembers
FROM: David J. McKnight, City Administrator
SUBJECT: Legal Newspaper
DATE: January 3, 2012
INTRODUCTION
The City selects a legal newspaper each year at the first meeting of the year to publish all of its
legal notices. Since sharing information on this topic a few weeks ago there have been some
questions asked by the City Council. The City Attorney has clarified this issue and his opinion is
shared below.
DISCUSSION
The City Attorney offers the following addition to the memo you received in your packet on this
topic:
10a(2). Official Publication Per State Statute 331 A.04 Subd.2, the Farmington Independent is
the only publication located within the City's corporate limits and as such the City is required to
designate it as the City's legal newspaper, unless the statutorily authorized exception to the
designation priority is approved by unanimous vote of the Council. The exception allows
unanimous approval of an alternative to a paper with its known office of issue in the city if that
paper:
(1) is a qualified medium of official and legal publication;
(2) the publisher of the newspaper furnishes a sworn statement, verified by a recognized
independent circulation auditing agency, covering a period of at least one year ending no earlier
than 60 days before designation of the newspaper, stating that the newspaper's circulation
reaches not fewer than 75 percent of the households within the political subdivision;
(3) the newspaper has provided regular coverage of the proceedings of the governing body of the
political subdivision and will continue to do so; and
(4) the governing body votes unanimously to designate the newspaper.
The law also provides that if the circulation of a newspaper designated under this subdivision
falls below 75 percent of the households within the political subdivision at any time within the
term of its designation as official newspaper, its qualification to publish public notices for the
political subdivision terminates.
The City has also received a bid from ThisWeek Newspapers to become Farmington's legal
newspaper. By unanimous vote, the City Council may designate This Week Newspapers as the
city's official newspaper if the conditions of the exception specified above are met. The City
Council also has the authority to designate more than one legal newspaper. If two publications
are chosen as the City's legal newspaper, official notices must be submitted to both papers. This
additional expense was not included in the 2012 budget.
BUDGET IMPACT
None.
ACTION REQUESTED
With the selection options now clarified by the City Attorney, I recommend making a motion to
name the Farmington Independent as the legal newspaper for 2012 based on the lower price per
inch bid submitted.
Respectfully submitted,
David J. McKnight
City Administrator
o`��
41X
04,
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
Quote for 2012 Legal Printing Rates
Name of Publication Farmington Independent
Date Submitted 11/17/2011
Contact Person _Chad Hjellming
Price per inch for printing legals $8.74
Number of lines per inch 10.5
Printed characters and spaces per line 48
Type size, in points 6
Circulation 1,800
Legal notice deadline Friday at 5 p.m.
Publication Day _Thursday
Return to:
Cynthia Muller
430 Third Street
Farmington, MN 55024
E -mail: ctnuller @ci.farmington.mn.us
Fax: 651- 280 -6899
54
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651280.6899
www.ciSarmington.mn.us
Quote for 2012 Legal Printing Rates
Name of Publication Thisweek Farmington Lakeville
Date Submitted December 1, 2001
Contact Person Ellen Reierson
Price per inch for printing legals $9.50
Number of lines per inch 10 lines per inch
Printed characters and spaces per line average 45
Type size, in points 6 point
Circulation 23,986
Legal notice deadline Tuesday, 4:00 p.m.
Publication Day Friday
Return to: Cynthia Muller
430 Third Street
Farmington, MN 55024
E -mail: cmuller @ci.fannington.mn.us
Fax: 651 -280 -6899
DAKOTA COUNTY TRIBUNE. INC.
City of Farmington
City Hall
430 Third Street
Farmington, MN 55024
December 1, 2011
Please accept this bid for legal newspaper for the City of Farmington. We have a dedicated staff
as well as the largest circulation to handle your legal notices in an efficient manner. We continue
to implement new changes in the newspaper to benefit our Farmington readers. We feel it is
important to provide the city's legal notices in addition to the news stories, features and
photographs of local events we offer each week.
We would like to print your legal notices in Thisweek Newspapers Farmington/Lakeville edition.
By designating Thisweek Newspapers as your legal newspaper, your legal notices will reach
23,986 homes. Notices received by Tuesday at 4 p.m. will be printed in our Friday publication.
Our prices are not increasing for 2012. Please see attached.
Our staff is very experienced in helping municipalities place their legal notices. We would prefer
to accept your legal notices by e-mail at bv.legals @ecm- inc.com. However, we can also accept
your legal notices by fax at 952- 846 -2010.
If you have any questions, please feel free to call me at 952- 846 -2007. Thank you for your
consideration.
Sincerely,
Ellen Reierson
Office Manager
Enclosure (1)
12190 County Road 11
Burnsville, Minnesota 55337
952 -894 -1111 Y Fax 952 -846 -2010
Report Pages
50 Copies
100 Copies
15% Discount
200 Copies
25% Discount
4 -6
72.00
122.40
216.00
7 -10
120.00
204.00
360.00
11 -14
168.00
285.60
504.00
15 -19
228.00
387.60
684.00
20+
Call for a custom quote
All reports are shipped USPS Priority Mall with delivery confirmation. Actual shipping costs $3.00 handling charge apply.
law
2111/
TO: Larry Wemer
FROM: Tim Bingaman
DATE: 12/27/11
NUMBER OF PAGES (including cover): PDF
IMPORTANT NOTE: You have 14 days to return this proof. If you do not return proof
approval or changes on or before 01/13/12 your reports will be printed. Further changes
after this date or after proof approval will be charged a $45.00 change fee.
Following is a proof of your circulation audit statement and readership study. Please fill -in
incomplete sections, make corrections, and confirm proof approval by fax as soon as
possible.
PLEASE FAX CHANGES AND OR PROOF APPROVAL TO OUR OFFICE AS SOON AS
POSSIBLE
As a member of the association(s) listed in paragraph one (1) of the audit report, your
publication receives this audit readership study as a no -cost member benefit. We will send
10 copies of the report in a few days after proof approval. You will also receive a PDF of
your audit report sent to the email address that appears on your report.
Additional re co are available as listed below. Plus shipping handling charges)
Fax report changes to (314) 822 -0666, or please feel free to call our office on the toll -free
number listed below.
FAX RECEIPT STATEMENT
This fax is intended for the individual or entity to which it is addressed, and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient, or the employee or agent responsible for delivering the message to the intended recipient,
you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If
you have received this communication in error, please notify us immediately by phone -toll free (800) 262 -6392.
CIRCULATION
VERIFICATION
COUNCIL
P.O. Box 31523 St. Louts, M0 63131 314- 966 -7711 Fax: 314 822 -0666 Toll Free: 1.800- 262.6392 www.cvcauditcam
Shipping Address: 338 South Kirkwood Road Suite 102 St. Louts, MO 63122
CIRCULATION
VERIFICATION
COUNCIL
12190 County Rd, 11
Burnsville, MN 55337
(952) 894 -1111
(952) 846 -2010 FAX
1. Publication Information
Average Net Circulation:
Number of Editions:
Format Average Page Count:
Circulation Cycle:
Circulation Day Time:
Ownership:
Year Established:
Publication Type:
Content:
Circulation Paid /Unpaid:
Primary Delivery Methods:
Insert Zoning Available:
CVC Member Number:
DMA /MSA:
Audit Funded By:
2. Rate Card and Mech
Rate Card Effective Dat tember 9, 2010
Six (6) columns x 21 -inch column depth
Full page: 1.6839" wide X 21" depth.
Local: $17.00 per column inch
National: $17.00 per column inch
Insert 0 n R $55.00 per thousand
Classi $5.00 per line, 3 line minimum
Volume, frequency, contract, color, and other rates may be available from the publisher.
Mechanical Data:
Open Rate:
rtising:
ulation:
4. Circulation Pricing
-AUDIT PROOF-
PRINT AS IS
0 MAKE CORRECTIONSTHEN PRINT
0 RESUBMIT PROOF
PLEASE FAX BACK CORRECTED PAGES ONLY
Name Date
Audit Period: Octoberl, 2010 September 30, 2011
nformation
Thisweek Farmington Lakeville
Data
Larry Werner
Mike Jetchick
Tad Johnson
NOT FOR DISCLOSURE
EMAIL: tad.johnson @ecm -in
www.thisweeklive.com
24,062 (Print Edition)
One
Broadsheet 24 Pages
Weekly
Friday by 12 Noon
ECM Publishers Inc
1967
Community Newsp• .er
60% Advertising Edit
100% Unpaid z o 0% Sponsored
95% Carrier Mail 5% Controlled Bulk
Yes ZI
11 -0
Minnea N Minneapolis —St. Paul, MN —WI
Minn ota ree Paper Association
EMAIL: Iarry.werner @ecm inc.com
EMAIL: mike.jetchick @ecm inc.com
EMAIL: tad.johnson @ecm inc.com
Thisweek Farmington Lakeville is a controlled circulation weekly without circulation pricing.
Annual mail subscription rate: Contact Publisher
6A. Aticritfti Average Website Reporting www.thisweeklive.com
Monthly Audit Period Average
Website Unique Visitors
19,069
Website Page Views
161,360
Average Time Spent on Website
00:02:07
6B. Audited Online Edition Reporting
Monthly Audit Period Average
Unique Digital Edition Visitors Not Applicable
Digital Edition Page Views Not Applicable
CIRCULATION
VERIFICATION
COUNCIL
OUR DATA SPEAKS VOLUMES
5. Audited Circulation, Distribution and Net Press Averages Print Edition
CVC Account Number. 11 -0018
Audit Period Summary
Average Net Circulation (5 -H)
Average Gross Distribution (5 -F)
Average Net Press Run (5 -A)
Audit Period Detail
A. Average Net Press Run
B. Office File
C. Controlled Distribution
1. Carrier Delivery
2. Controlled Bulk Delivery Demand Distribution
3. Mail
4. Restock Office Service 108
5. Other: Saturday ad run 198
TOTAL AVERAGE CONTROLLED DISTRIBUTION 24,062
D. Paid Distribution
1. Carrier Delivery
2. Single Copy
3. Mail
4. Restock Office Service
5. Other:
TOTAL AVERAGE PAID DISTRIBUTION
E. Sponsored Voluntary Paid Distribute
1. Carrier Delivery
2. Single Copy
3. Mail
4. Restock 0
5. Other:
TOTAL AVERAGE DISTRIBUTION
F. Average Gr. v on
G. Unclaime
H. Average Ne ration
Thlsweek Farmington Lakeville
Burnsville, MN
24,062
24,062
24,086
0
0
0
0
0
0
0
0
0
0
0
0
24,062
(0)*
24,062
4(eg,
P.0. Box 31523 Louis MO 6313
314- 822 -0666 Toll Free: 1- 800 262 -6392 www.cvc udiL C o
7. Explanatory
PARAGRAPH FIVE AUDIT PERIOD SUMMARY
AVERAGE NET CIRCULATION: See audit period detail (H).
AVERAGE GROSS DISTRIBUTION: See audit period detail (F).
NET PRESS RUN: See audit period detail (A).
AUDIT PERIOD DETAIL
A. 1. NET PRESS RUN: Average net press run during the audit period indicated. The net press run average does not includ
press waste, or start-up copies.
B. 1. OFFICE FILE: Undistributed editions maintained by the publisher for office purposes. Office File editions do
qualify as controlled, paid, or sponsored distribution.
C. CONTROLLED DISTRIBUTION (NON- PAID): Editions distributed by the publisher free of charge.
1. HOME DELIVERY: Editions delivered by private carrier to single family residences, and /or multi- family
and /or businesses.
2. CONTROLLED BULK DEMAND DISTRIBUTION: Editions distributed to newsracks, newsstands, a rea re`_
businesses and available to individual readers. Subject to paragraph 5E returns.
3. MAIL: Editions delivered by United States Postal Service mail to single family residences, a i residences,
and /or businesses, and /or Post Office Boxes.
4. RESTOCK OFFICE SERVICE: Editions maintained and distributed by the publisher for
newsstands, area retail businesses, office deliveries, and advertising purposes during the
paragraph 5E returns.
5. OTHER:
D. PAID DISTRIBUTION: Editions distributed by the publisher through paid sub ri monetary exchange with
individual readers.
1. HOME DELIVERY: Editions distributed by private carrier to paid s mily residences, and /or multi
family residences, and /or businesses.
2. SINGLE COPY: Editions distributed to newsracks, newsstands, s' ea businesses and available to individual
readers. Subject to paragraph 5E returns.
3. MAIL: Editions delivered by United States Postal Servi Ito pat >scribers In single family residences, and /or
multi family residences, and /or businesses.
4. RESTOCK OFFICE SERVICE: Editions maintain ri by the publisher for restock of newsracks,
newsstands, area retail businesses, office delivers ..`r g purposes during the edition cycle. Subject to
paragraph 5E returns.
5. OTHER:
E. SPONSORED VOLUNTARY PAID DISTRIB w distributed by the publisher that are sponsored by a third party
monetary exchange.
1. HOME DELIVERY: Editions delivered byprivat'= rrler to sponsored subscribers In single family residences, and /or multi-
family residences, and /or bus es.
2. SINGLE COPY: Editions n ed to newsracks, newsstands, and /or area retail businesses and available to individual
readers on a voluntary ubJect to paragraph 5E returns.
3. MAIL Editions de y U' States Postal Service mail to sponsored subscribers in single family residences,
and /or multi family s, an or businesses.
4. RESTOCK E: Editions maintained and distributed by the publisher for restock of voluntary or
sponsored ne a nds, area retail businesses, office deliveries, and advertising purposes during the edition
cycle. S h 5E returns.
5. OT
F. 1. AVE G' S DISTRIBUTION: Average gross distribution for the audit period indicated. (Total of controlled
ributi r u +,'ad distribution (B), and sponsored distribution (C)).
G. CLAIMED RETURNS: Distributed editions returned to the publisher unsold and /or unclaimed during the edition
°(See paragraph 12 for CVC return /unclaimed confirmation.)
RAGE NET CIRCULATION: Average net circulation for the audit period indicated. (Total of controlled distribution
p d distribution (D), and sponsored distribution (E) minus unclaimed return (G)).
IX (A)
NIQUE VISITORS: A unique visitor to a website where the user registers or where the user is identified or marked by a
cookie, IP address, or other ID that is attached to the browser within the defined cycle. Limitations apply to the
measurement of unique visitors. Please see CVC Rules Regulations for further Information.
PAGE VIEWS: The transmittal of a full page contained within the website to the user's browser.
TIME SPENT: The average amount of time spent on a website during a single visit, expressed in HH:MM:SS
PARAGRAPH SIX (B)
UNIQUE DIGITAL EDITION VISITORS: Unique visitors to a digital edition publication where the user registers or where the
user is Identified or marked by a cookie, IP address, or other ID, within a defined time period (i.e. day, week or month).
A unique visitor counts once within the timescale. A visitor can make multiple visits. Limitations apply to the
measurement of unique visitors. Please see CVC Rules Regulations for further information.
DIGITAL EDITION PAGE VIEWS: Requests for files whose types are defined as pages; transmittals of full pages contained
within the digital edition publication to the user's browser. Several page views are expected to be logged per Visit/Session.
P.O. Box 31523 51 Louis, MO 63131 314- 966 -7t1 Fax: 314-822-0666 Toll Free: 1-800-262-6392 www.cvcaurfil.com
YEAR
AUDIT SOURCE
Q1
Q2
Q3
Q4
01/01/11- 12 /31/11
CVC
23,962
23,962
23,962
01/01/10- 12/31/10
CVC
24,591
24,577
24,540
24,362
01/01/09- 12 /31/09
CVC
28,424
27,943
26,570
24,569
01/01/08- 12 /31/08
CVC
28,776
28,836
28,936
28,726
01/01/07- 12 /31/07
CVC
28,457
28,519
28,597
28,737
01/01/06- 12 /31/06
CVC
27,923
27,919
28,146
28,302
01/01/05- 12 /31/05
CVC
26,628
26,866
26,347
27,918
01/01/04- 12 /31/04
CVC
25,104
25,104
25,104
26,263
01/01/03- 12/31/03
CVC
25,104
01/01/02- 12/31/02
CVC
01/01/01- 12/31/01
CVC
01/01/00 12/31/00
CVC
CIRCULATION
OUR DATA SPEAKS VOLUKES'
8. Averaee Print Circulation Histo
ZIP
CODE
55024
55031
55044
55337
55372
TOTAL
CITY AREA
Farmington
Hampton
Lakeville
Bumsville
Prior Lake
10. Distribution by County (11/24/2011 i
Scott
e
COUNTY
TOTAL
COUNTY
CARRIER CONTR•ay�i MAIL OFFICE/
DELIVERY
RESTOCK
Dakota 0
2
1,018
CITY/ AREA
Dakota
Burnsville
Far ington
pton
Ile
22,523
1,018 108
CONTROLLED MAIL OFFICE TOTAL
'fE VERY BULK RESTOCK
296
22,819
108
0
108
0 0
1,018 108
24
0
24
24
0
24
TOTAL
132
296
23,969
23,673
29
23,969
9. Distribution by Zip Code (11/24/2011 Edition) Friday
CIRCULATION
VERIFICATION
C O U N C I L
www.cvcaudlt.com
LouigtMO 631.31 314-96677711 I Fax:314- 822 -0666 Toll Free: 1- 800 262 -6392
www.cvcaudii.c
61 OUR DATA SPEAKS VOLUMES
CIRCULATION
VERIFICATION
COUNCIL
11. Verification of Receivership Readership
Controlled Carrier Delivery and Mail Distribution
Thisweek Farmington Lakeville reported an average carrier delivery distribution of 22,936
during the audit period. Carrier delivery was verified through the review of carrier statements
and additional publisher support documents. Thisweek Farmington Lakeville did not repo
average mail distribution during the audit period. Mail distribution is verified through the revi
of USPS mail statements and additional publisher support documents. The Circ
Verification Council interviewed residents in the primary market areas indicated in -;-ra
nine. The purpose was to identify the number of residents who indicate they
publication on a regular basis, and further identify the number of residents w re: -ok
through the publication. The interviews took place throughout the audit p et the
hours of 5:30 PM -8:30 PM and 10:00 AM -2:00 PM. All respondents identifie as 18 or
older.
1. Thisweek Farmington Lakeville is distributed regularly in your area eive Thisweek
Farmington Lakeville on a regular basis?
2. (If response to #1 was YES) Do you or someone in your regularly read or look
through Thisweek Farmington Lakeville?
CVC interviews indicate that 350 of 362 households or a ed they receive Thisweek
Farmington Lakeville on a regular basis.
CVC interviews indicate that 278 of 350 or 79.4% dic hey regularly read or look through
Thisweek Farmington Lakeville.
*Households reporting stop delive re excluded from the survey.
*Survey performed during 20 ii nd rmed every 24 months.
The Circulation Verification Council estimates that all e ice, in this text box has a minimum accuracy level of +1-2.5%.
Controlle emand Distribution
The Circulation Verification Counc' in iewed and /or visited controlled bulk /demand
distribution locations chosen ndo from the publication's delivery list. The purpose was to
identify the number of loc ho indicate they receive the publication on a regular basis, and
further verify the nu p ations distributed at the beginning of the edition cycle, and
the number of editi nclaimed by readers at the end of the edition cycle.
CVC interviews i 100% of reported controlled bulk drop locations indicated they
received This gton Lakeville on a regular basis.
CVC intervie n e that less than 15% of Thisweek Farmington Lakeville's controlled bulk
distrib ed re returned to the publisher unclaimed after the edition cycle.
12. Verification of Distribution
CIRCULATION
VERIFICATION
C O U N C I L
www.cvcaudit.com
udi,
OUR DATA SPEAKS VOLUMES r:
13. Paid Reporting Analysis
CARRIER DELIVERY
Full Basic Rate
Over 75% of basic rate
Over 50% of basic rate
Under 50% of basic rate
MAIL
Full Basic Rate
Over 75% of basic rate
Over 50% of basic rate
Under 50% of basic rate
SINGLE COPY
OTHER:
14. Council Audit Statement
Basic Rates: N/A
AVERAGE NUMBER OF SUBSCRIPTIONS
0
0
Basic Rates: N/A
0
0
0
0
0
COVER PRICE: N/A
0
A VERAGE WHOLESALE RATE: N/A
on, circulation, and general
Circulation Verification Council (CVC) reviewed the prin
business records of this publication for the purpose of c `ng is information. The review was
completed using Council audit procedures consid ry under the circumstances of the
audit in compliance with CVC Rules and Req ts. In our opinion, this report fairly and
accurately represents the publication's pr r di h; bution, and circulation for the period
indicated.
AVERAGE NUMBER OF SUBSCRIPTIONS
\e 4Sie
CIRCULATION
VERIFICATION
C O U N C I L
www.cvcaudit.com
The current status of this report expires December 31, 2012.
If this report is presented after December 31, 2012 please call the toll -free number listed below.
'0: Box 31623
Si Louie, M263131
314- 822 -0666 Toll Free:''1-800- 262 6392 www.cvcaudilcorn
loom +5 1. t', Iwll
(low r 1 1. i`(.n11 ;,nu
'W'Iwn{n.r'. fVl..';rud 1
1t11nw{1 to t'y,lw'o.{ h
Iwo( 1 1. I iu,w{ {{1
nal{t s IVIcI rn\V 11 1 "u f{Ici
"wur(u I,`l NI.11 it 1■
j((I1(r 1 I�(fI
W 1i IwY /1. 7aI/.411 I, 111
x11111 1 ,et 111;'.1{ 1
',limit.] I. I tJrunut1,
I)9a r,i{c, i1t PvW faiw 1 .nl cnu
15riU (.11111(
Suitt 111 1 .{k.n,, Nil•J 551)I
651 dir 51)(10
1.15 •`,i 351 55511
The Honorable Mayor and City Council
of the City of Farmington
430 3` Street
Farmington, Minnesota 55024
JJJ:sm
CAMPBELL KNUTSON
r Ra_llF;;�^tiSflndi a11
Direct Dial: (651) 234 -6219
E -mail Address: fJarnnik®ck- law.coin
58
December 22, 2011
Attention: Mr. David McKnight, City Administrator
RE: 2012 City Attorney Reappointment
Dear Mayor and City Council:
It is our privilege to respectfully request reappointment as City Attorney for the City of
Farmington for 2012. We appreciate the confidence you have demonstrated toward us
regarding our services and we wish to thank all City officials and staff.
If reappointed, we propose to continue providing our services under the current contract
without modification. As the contract is presently drafted, it has no set expiration date so
it is not necessary to re- execute it, and it provides that our services may be terminated at
the Council's direction upon 30 days notice.
If you have any questions concerning any aspect of our services or rates, please contact
me.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
THIS AGREEMENT, effective January 1, 2011, is by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation "City and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation "Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties
hereto agree as follows:
1. SERVICES AND RELATIONSHIP.
A. The Attomey shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a
City employee. The Attomey is free to contract with other entities.
2. TERM.
A. The Attorney shall serve at the pleasure of the City Council, and this
Agreement may be terminated without cause by resolution of the City Council.
B. The Attorney may terminate this Agreement at any time, provided that the
Attorney shall give the City ninety (90) days written notice before the termination becomes
effective.
3. FEES.
A. Campbell Knutson will provide civil municipal and criminal prosecution
legal services to the City for a total monthly amount which shall not exceed$14,500.00, billed at the
following hourly rates with a minimum increment of two- tenths of an hour:
59775v16
111:r12 /29/2009
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FARMINGTON AND
CAMPBELL KNUTSON, Professional Association
1
60
Civil Municipal
Partners $150.00
Associate Attorneys $140.00
Legal Assistants $100.00
Legal services subject to inclusion in the combined $14,500.00 monthly fee cap are:
Attending all City Council meetings, other City board, commission or
committee meetings as required by the City Council or City Administrator.
Drafting ordinances, resolutions, and correspondence as requested, not
including comprehensive revisions or updates of official controls or
codification of the City Code.
Reviewing all Council and Planning Commission agenda items and minutes.
Meetings and/or telephone conversations with and advising Mayor,
Councilmembers, City Administrator, Department Heads and other staff on
general legal matters.
Reviewing municipal contracts, including contracts for public
improvements, developments, joint powers agreements, construction and
purchase of equipment:
Consulting on employment related issues.
Researching and submission of legal opinions on municipal or other legal
matters requested by City staff or City Administrator.
Meetings with the City Administrator and Department Heads as needed to
review Council agenda items, the status of all legal matters before the City
and, as requested, the provision of a written status report on current litigation
and unresolved matters.
59775v16
JJJ:r12/29/2009
Providing a legal briefing as requested to the City staff and Council
regarding new or proposed legislation affecting municipal operations and
activities.
Providing, on a periodic basis, written updates and training on new state or
federal legislation or judicial decisions impacting the City, and suggesting
action or changes in operations or procedures to assure compliance.
Reviewing bonds, deeds, securities and insurance requirements required by
and for City contracts or activities.
2
-61
Reviewing documents submitted by bond counsel involving the issuance of
debt or debt related instruments and provide opinions as requested or
required.
Enforcing City ordinances, not including civil litigation or criminal
prosecution.
B. Prosecution: Campbell Knutson will provide criminal prosecution legal
services to the City, billed at the following hourly rates:
Partners $130.00
Associates $110.00
Legal Assistants 65.00
The following legal services would be billed at the civil municipal hourly rate outside of the
monthly fee cap:
Prosecution legal services:
Criminal appeals.
Forfeitures of motor vehicles and weapons pursuant to state law.
Prosecution of ordinance violations initiated by any City department other than
the police department.
Civil legal services:
Active representation of the City in agency or legislative proceedings.
Grievance or interest arbitration.
Real estate sales or acquisition.
Litigation and appellate matters.
All services provided to, or on the behalf of the City of Farmington Housing and
Redevelopment Authority.
Services rendered are billed according to the actual time incurred, with a minimum increment of
two- tenths of an hour.
59775v16
JJJ:r12/29/2009
3
62
C. Pass Through: The customary hourly rate of the attorney doing the work,
ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third
parties according to the City's policies.
D. Costs: Out -of- pocket costs without mark-up. Costs include:
E. Payments for legal services provided the City shall be made in the manner
provided by law. The City will normally pay for services within thirty (30) days of receipt of a
statement for services rendered.
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to
protect Attorney against claims for legal malpractice.
5. MISCELLANEOUS.
A. Governing Law: This Agreement shall be governed by the laws of the State
of Minnesota.
B. Assignment: The Attorney may not assign or refer any of the legal services
to be performed hereunder without the written consent of the Farmington City Council.
C. Conflicts: Attorney shall not accept representation of a new client that
constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises
with the City in the same manner as the Attorney handles conflicts with any other public client If a
conflict develops between an existing public client of Attorney and the City, such that Attorney has
an ethical conflict of interest, Attorney shall inform the City of the conflict Attorney may:
59775v16
JJJ:r12/29/2009
Westlaw and other computer -based research
Recording fees
Postage of 50¢ or more
Photocopies at 20¢ per copy
Long distance telephone calls
Litigation (court filing fees, expert witnesses, acquisitions,' subpoenas,
service of process, etc.)
4
63
i) withdraw from representation of both parties;
ii) represent both parties with the informed consent of both parties; or
iii) represent one client and withdraw from representation of the other client,
with the informed consent of that client
D. Effective Date: This Agreement shall become effective upon its execution
by the City and the Attorney. This Agreement shall not be modified or amended without the
approval in writing of the Farmington City Council.
Dated: j' 20.
Dated: f 5 20 U.
59775v16
JJJ:r12129/2009
CITY OF FARM NNGTON
5
64
CAMPBELL KNUTSON
Professlonol4ssocianon
wino!
el J. J
Vice President
BY: Elliott B. Knetsch
Elliott B. Knetsch
Vice President
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
TO: Mayor, Councilmembers, David McKnight, City Administrator
FROM: Teresa Walters, Finance Director
SUBJECT: Official Depositories of City funds
DATE: January 9, 2012
INTRODUCTION:
Each year, official depositories of funds have been designated by the City Council.
In accordance with statute and City policy, the following vendors are recommended as
depositories for fiscal year 2012:
Anchor Bank of Farmington
League of Minnesota Cities 4M Fund
RBC Capital Markets
Wells Fargo investments
Smith Barney Inc.
Premier Bank
Roundbank (Farmington)
These depositories have received and will comply with the City investment policy. There is no
change to the investment policy in 2012.
BUDGET IMPACT:
Revenues for investment interest are in the 2012 budget.
RECOMMENDATION:
Staff is recommending Council designate the above as City depositories for 2012.
66
ioQ (v)
Attested to the 5 day of January 2012.
SEAL
RESOLUTION NO. R6 12
Members Present: Larson, Bartholomay, Donnelly, Fogarty
Members Absent: May
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible
Authority.
(iL'
City Administr%
DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA
PRACTICES COMPLIANCE OFFICER
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 3 day of January
2012 at 7:00 p.m.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota,
hereby appoints David McKnight, City Administrator, as the Responsible Authority pursuant to
Minnesota Data Practices statutes and Brian Lindquist as Responsible Authority for law
enforcement.
BE IT FURTHER RESOLVED that the City Council hereby appoints Brenda Wendlandt as
Data Practices Compliance Officer.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
3rd day of January 2012.
COUNCIL BY-LAWS
SCOPE
These by -laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the
Farmington City Code. These by -laws, when adopted, are intended to deal with matters not
otherwise covered by State Law, City Ordinance or elsewhere.
SECTION 1 MEETINGS
SUBD. 1 Regular meetings of the City Council shall be held on the first (1st) and third (3rd)
Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the
next following business day at the same time and place. All meetings, including special and
adjourned meetings, shall be held in the City Hall unless otherwise designated.
SUBD. 2 Special meetings of the Council may be called by the Mayor or by any two members of
the Council in writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify
each member of the time, place and purpose of the meeting by electronic notice
Ito be dclivcrcd sent to him/her personally if hc/shc can be found, or if he /shc cannot be found,
At least 3
days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who
has filed a written request for notice of special meetings. Emergency meetings may be held because
of circumstances that, in the judgment of the Council, require immediate attention. Notification
requirements shall be suspended for special meetings except that the Clerk must make a good faith
effort to contact each Council member and persons filing a request for written notice.
The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items
not stated in the notice may be discussed, but no action may be taken if any member objects.
Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the
transaction of any business that may come before the meeting.
SUBD. 3 At the first regular Council meeting in January of each year, the Council shall: (1)
designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this
section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during
the disability or absence of the Mayor from the City, or in case of a vacancy in the office of Mayor,
until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows:
Odd Numbered Year Member serving 3 year of term who received the most votes when elected;
Even Numbered Year Member serving 4th year of term who received the 2" most votes when
elected.
SUBD. 4 Commission appointments for boards and commissions shall be made at the second (2
regular meeting of each year. All appointments will be made from applications that have been filed
with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file
from which appointments can be made during the year if needed.
SUBD. 5 All Council meetings, as defined by State Law, including special and adjourned meetings
shall be open to the public. The City Attorney shall advise the Council, in writing, as to his
interpretations of the State "Open Meeting Law." All new members shall be provided such written
interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his
interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for
discussion.
1
70
/04. c /-6
SUBD. 6 Council shall adopt such policies that will ensure an orderly, mutually respectful and
appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business.
Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically
the Mayor, or any other such Councilmember in the absence of the Mayor. Council may adopt such
rules as a separate Council Policy and may make such changes in policy as deemed appropriate.
SECTION II PRESIDING OFFICER; RULES OF ORDER
SUBD. 1- The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the
Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall
preside until the Council members present at the meeting choose one of their members to act
temporarily as presiding officer.
SUBD. 2 The presiding officer shall preserve order, enforce the rule of procedure herein prescribed,
and determine all questions of procedure and order. Except as otherwise provided by statute or by
these rules, the proceedings of the Council shall be conducted in accordance with the following rules
of order.
A. A motion must be seconded before being considered by the Council, and the mover, as well as the
seconder, must be recognized by the presiding officer.
B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion,
once debated, cannot be withdrawn except by majority vote of the Council.
C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has
opened it to debate.
D. Each member, while speaking, shall confine him/herself to the question at hand and avoid all
personal, indecorous or sarcastic language.
E. Whenever any member of the Council desires to speak on any question which affects him/her
personally, s/he shall first vacate his chair and shall not resume his seat until the matter under
consideration has been acted upon. He shall be allowed to make comments on the question as a
private citizen.
F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any
member of the public present, the privilege of speaking. A reasonable time shall be allowed to
anyone as long as they are not repeating points already made. The public will conduct themselves
in the same manner as would be expected from the Council. The presiding officer shall be
responsible for the public's conduct and may rule anyone out of order.
G. During times at any meeting, the presiding officer will allow the public to participate as long as
there is reason to believe the input is beneficial.
SUBD. 3 Any member may appeal to the Council from a ruling of the presiding officer. If the
appeal is seconded, the appealing member may speak first on the reason for his appeal. General
discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is
approved by a majority of the members present.
2
71
SECTION III AGENDAS
SUBD. 1 The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday
preceding the meeting for publication purposes. Items added after this time must be listed as
supplemental and presented to Council under the "Approve Agenda" section of the meeting.
SUBD. 2 The Clerk shall submit a copy of the agenda to the official newspaper and other
appropriate media outlets for publication immediate-1 on the
Wednesday afternoon preceding the Council meeting.
SUBD. 3 The agenda packet shall be distributed electronically to the Council by 6:00 p.m. on the
Thursday preceding the Council meeting.
SUBD. 4 Any Councilmember can place an item on the agenda by so instructing the Clerk.
SUBD. 5 No item shall be placed on the agenda unless the item is expressed in such a way as to
clearly show the subject matter involved.
SUBD. 6 The agenda shall be subject to approval by a majority vote of the members present. Items
not on the agenda may be discussed, but no action may be taken if any member objects.
SUBD. 7 A consent agenda may be included as part of the agenda, to be approved by a unanimous
vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or
Councilmembers.
SECTION IV ORDER OF BUSINESS
SUB 1 Each meeting of the Council shall convene at the time and place appointed therefore.
Council business shall be conducted in the following order:
(1) Call to Order
(2) Pledge of Allegiance
(3) Roll Call
(4) Approve Agenda
(5) Aiinouncements
(6) Citizen Comments (5- minute limit per person for items not on the agenda)
(7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone
wishes an item removed for discussion).
(8) Public Hearings
(9) Award of Contracts
(10) Petitions, Requests and Communications
3
72
(11) Unfinished Business
(12) New Business
(13) Council Roundtable
(14) Adjourn
SUBD. 2 The order of business may be varied by the presiding officer, with the scheduled time of a
public hearing publicly specified as concurrent with that of the time of the Council meeting. Public
hearings scheduled shall then be opened by the presiding officer in the order they appear on the
agenda, or may be varied to facilitate the efficient conduct of Council business.
SUBD. 3 Each person shall be allowed a maximum of 5 minutes to address the Council under
Citizen Comments.
SUBD. 1- Minutes of each Council meeting shall be kept by the Cleric, or, in his absence, his
designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances,
resolutions and claims need not be recorded in full in the minutes if they appear in other perinanent
records of the Clerk and can be accurately identified from the description given in the minutes.
SUBD. 2 The minutes of each meeting shall be reduced to typewritten form, shall be signed by the
taker, and copies thereof shall be-d-
meetingincluded in the agenda packet for approval at the next Council meeting t t e next regular
c considered by the Council.
The minutes are placed under the consent agenda. The minutes need not be read aloud, but a member
shall request the minutes be pulled from the consent agenda for separate vote if there are any
additions or corrections or the member was absent from the meeting and would need to abstain from
voting on said minutes.
SUBD. 3 In addition to typewritten minutes, each Council meeting held in the Council Chambers
shall be tape recorded. Recordings shall be kept on file in the Clerk's office in a secure location for a
period of -18-3 months from the date ef-reeerdingthe minutes are approved. The do to +h° or` ing
Executive sessions recorded
pursuant to State Law shall follow State guidelines.
SURD. 4 The minutes shall substantially follow the following format:
1.
2.
SECTION V MINUTES
MINUTES
COUNCIL MEETING
(REGULAR OR SPECIAL) MEETING
DATE
Presiding officer, time and place of meeting.
Members Present and Absent, time any member arrives late or leaves early. The time shall also
be recorded in the text of the minutes.
3. Summaries of all discussions, communications, decisions, including a copy of each motion
exactly as stated, whether or not the motion had a second and, if so, whether or not it was
adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required
to be recorded as part of the minutes.)
4
73
4. Time of adjournment.
SECTION VI QUORUM AND VOTING
SUBD. 1 At all Council meetings a majority of all the Councilmembers elected shall constitute a
quorum for the transaction of business.
SUBD. 2 The votes of members on any question pending before the Council shall be by roll call,
except for the following agenda items: approval of the agenda; approval of the minutes; approval of
the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of
those voting for and against the question shall be recorded in the minutes. If any member, being
present, does not vote, the minutes shall be stated "Abstain: Name."
SUBD. 3 Except as otherwise provided by statute, a majority vote of a quorum shall prevail.
SECTION VII ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND
COMMUNICATIONS
SUBD. 1 If requested by any member of the Council, every ordinance and resolution shall be
presented in writing and shall be read in full before a vote is taken thereon. All motions shall be
recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer.
All petitions and other communications addressed to the Council shall be in writing and shall be read
in full upon presentation of the same to the Council. They shall then be recorded in the minutes by
title and filed in the office of the Clerk.
SUBD. 2 Every ordinance and resolution passed by the Council shall be signed by the Mayor,
attested by the Clerk, and filed by him/her in the ordinance or resolution beekelectronic file. Proof of
publication of every ordinance shall be on file in the office of the Clerk.
SUBD. 3 Every ordinance and resolution repealing a previous ordinance or resolution or a section
or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be
repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be
amended by reference to title alone, but such an amending ordinance or resolution shall set forth in
full each section or subdivision to be amended.
SECTION VIII ADMINISTRATOR REVIEW
SUBD. 1- The City Council shall conduct an annual review of the City Administrator. The
procedure shall be substantially as follows:
A. The Administrator shall distribute a Council approved evaluation form on or before the
anniversary of the Administrator's appointment.
B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate
the Administrator based upon the written evaluations submitted.
C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the
date the evaluation document is received by Council.
5
74
D. The City Attorney shall tabulate the results of the evaluation without any reference to individual
Councilmembers.
E. The City Council shall consider the tabulated results during a regular meeting following the
special meeting to evaluate the administrator and may take action accordingly.
SECTION IX BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE
SUBD. 1 There shall be submitted to the Council at the first meeting of January of each year, a
performance report of various Boards, and Commissions and Councils.
SUBD. 2 Attendance Rreports shall be submitted to the Council on the following citizen
involvement in Boards and Commissions: Water Board, Planning Commission, ding Board of
Adjustment (which is the Planning Commission), Parks and Recreation Advisory Commission,
Rambling River Center Advisory Board, Heritage Preservation Commission and Economic
Development Authority. Reports shall also b
jurisdictional be. int Powers
Agreement, Vermillion River Joint Powers Organization Bo
Farmington Discussion Group and Castle Rock, Empire, Eureka, Farmington Enhancement Group
(CEEF).
SUBD. 3 Reports shall state the number of regular and special meetings held and the total number
of meetings attended by each member.
SUBD. 4 It shall be the goal of the Council to meet at least one time per year with each Board and
Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly
scheduled meeting of the Council, Board or Commission.
SECTION X AUTHORIZED EXPENDITURES AND REIMBURSEMENTS
SUBD. 1 Definitions For the purpose of this section, the following terms shall have these meanings
given them.
Authorized Person: The Mayor or any Councilmember.
Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined
by the City Council. Authorized expenditures shall include, but not be limited to, the following:
Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials.
Official Function: Any function which is for a public purpose as determined by the City Council.
Official functions shall include, but not be limited to, the following: Council meetings outside of the
City limits, League of Minnesota Cities functions, training sessions, education courses, official City
business, legislative meetings, seminars, meetings where City representation is requested.
SUBD. 2 An authorized person may be reimbursed for all authorized expenditures incurred for
attending an official function provided that the following conditions are met:
A. The expenditures must be for a public purpose as determined by the City Council.
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B. The Council must be authorized to make the expenditure.
C. The money must have actually been spent on behalf of the City, except as provided under
Subdivision 3(C)(2).
D. The Council has approved the request to attend an official function except as provided under
Subdivision 3(C)(1).
SUBD. 3 Procedure:
A. A request to attend an official function, or to request reimbursement for attending an official
function shall be submitted to the City Council on an authorized form for consideration as soon
as reasonably possible.
B. The Council shall either approve the request provided that the conditions set forth under
Subdivision 2(A)(B)(C) are met, or deny the request.
C. The person may submit a list of itemized expenditures on an authorized form for Council action
as follows:
1. Reimbursements for expenses may be submitted for Council consideration.
2. The Council may advance the estimated cost of traveling to and attending the function,
provided the person submits a list of itemized authorized expenditures, and reimburse the
City for any unused portion.
SUBD. 4 The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating
budget, provided that the Mayor submit an affidavit of expenses for the allocated amount.
SECTION XI SUSPENSION OR AMENDMENT OF BY -LAWS
SUBD. 1 These by -laws may be temporarily suspended by a unanimous vote of the members
present.
SUBD. 2 These by -laws shall not be repealed or amended except by a majority vote of the whole
Council after notice has been given at some preceding Council meeting.
SECTION XII EFFECTIVE DATE
SUBD. 1 These by -laws have been adopted by the Council on the 6th day of September, 1983 and
become effective on the first day following publication of the same in the official newspaper.
Adopted: 9/6/83
Effective: 10/3/83
Reviewed: 1/3/12
Amended: 8/03/87, 1/21/92, 4/20/92, 8/17/92, 2/01/93, 7/18/94, 9/06/94, 1/17/95, 1/16/96, 3/03/97,
11/03/97, 1/05/98, 2/1/99, 1/18/05, 2/2/09, 1/3/12
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COUNCIL POLICY 01
Council- Resident Complaint Resolution Process
The handling and resolution of resident complaints is a very high service priority for council and
staff. In order to effectively and efficiently address resident complaints brought directly to
Council members, the following procedures and value statements are proposed:
a) If a Council member is uncertain as to the proper referring department of a resident
service complaint, she or he is encouraged to contact the City Administrator, or if the
referring service department is known, the Council member is encouraged to contact
the Department Director directly. Consequently, all resident service complaints or
process questions should be taken either to the City Administrator or to the affected
Department Director to maintain consistency in service communications, accuracy,
appropriate management accountability, and general courtesy to the managing
director.
b) All resident service complaints or concerns are important, however, in order to
effectively resolve the issue and maintain consistency in resolving existing service
priorities, a reasonable amount of time may be required to address the issue in the
order received. In complaint situations where the level of difficulty is high and/or
some amount of time is needed to focus organizational resources on the issue,
Council members and the respective resident will be updated on the status.
c) In situations where either the City Administrator or Department Director is
unavailable, leaving a detailed message on voice mail is. encouraged. Staff will
respond to these messages within a reasonable amount of time, usually within the
day or next business day at the latest.
d) The reporting Council member will receive service feedback on the complaint by the
responding department director /designated staff person or the City Administrator
upon resolution or as may be requested by the Council member.
e) Once the resident service complaint is brought to the attention of the City
Adniinistrator/Department Director, it is expected that staff will handle the issue
exclusively to ensure direct communications with the resident, and will handle the
issue in question according to the City Code, professional judgment and reasonable
service time frames.
f) Council members are encouraged to refer the resident to the appropriate department
director, or indicate that the administrator or department director will contact them
on their respective concerns.
Adopted 10/6/97
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/6), (7)
COUNCIL POLICY 02
Council -Staff Communication Protocol
In order to maintain a consistent, open, and mutually productive relationship, it is encouraged
that Council members communicate with the administrator or appropriate department director on
all service related issues. It is important that when a service related issue affecting the
organization is in question, that the administrator or affected department director is notified to
provide Council with a senior level management response.
Adopted 10/6/97
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COUNCIL POLICY 03
Council Expectations of Staff Work Assignments
All City- related issues will be objectively and professionally reviewed by staff. Staff research
and concluding opinions will be based upon all available relevant sources of data, and based
upon respective staff expertise. Staff is hired to provide Council with professional expertise on a
variety of subjects and issues to be presented in an unbiased, objective manner. Council is free
at all times to question staff rationale, process, and procedures issues and associated background
information, but should allow staff to exercise their professional judgment with confidence.
Adopted 10/6/97
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COUNCIL POLICY 04
Council Management Team Statement of Commitment to Productive Working
Relationship
Council and staff roles are mutually supportive and respectful; committed to working together as
a team. Keeping communication lines open, mutually respectful and honest are key to a
productive, high quality and mentally healthy work environment. Staff respects Council's role
as that of preeminent policy maker on all issues affecting the community. Conversely, Council
respects the management team's role as professional, competent managers committed to
implementing Council policies in a credible, considered, and objective manner.
Adopted 10/6/97
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COUNCIL POLICY 05
CITY COMMISSION APPOINTMENT PROCESS
Policy Purpose
The purpose of this policy is to set forth the procedures to be used in appointing interested
citizens to the City Commissions.
The appointment of citizens to City advisory commissions and boards shall be made by the City
Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all
qualified candidates to consider relevant qualifications and interests, and appoint such members
as the Council deems in the best interest of the City.
Commission seats vacated by resignation and/or removal shall be appointed by first reviewing
any applications on file and/or any requests to be appointed by interested citizens having taken
notice of an existing vacancy. If no applications are on file, the City shall solicit applications for
appointment by advertisement in the legal newspaper and other public mediums as appropriate.
Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal
expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated
seats during an unexpired term shall be in accordance with the City Code.
Adopted 10/6/07
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COUNCIL POLICY 06
Council Meeting/Public Hearing Citizen Participation Protocol
POLICY PURPOSE
The purpose of this policy is to establish guidelines for citizen participation at public
meetings that will ensure that the following Council objectives are achieved.
Welcome and encourage citizen comments on matters of interest or
concern
Preserve and promote the accurate exchange of information
Preserve the equal rights of citizens to communicate their views
Provide for an orderly, courteous, and efficient meeting
Provide adequate time for Council to review and consider agenda items
COUNCIL MEETING
The following Council meeting guidelines are established and shall be enforceable by the
Mayor or presiding Council member. The following guidelines may be amended by a
majority vote of Council.
1. Questions are to be addressed to Council during the meeting; citizens are
encouraged to contact City staff prior to or following the Council meeting for
further information. Council is free to call upon or direct a question to staff
as necessary or appropriate,
2. A citizen desiring to speak may do so only after being recognized by the
Mayor. Upon recognition, the citizen should approach the podium and
clearly state his/her name and address.
3. To allow for equal time, citizens are limited to five (5) minutes to address
Council.
4. Complaints or concerns expressed during `Citizen Comments', and not on a
regular Council meeting agenda, will be responded to by the next regularly
scheduled Council meeting and placed on the Council Agenda. Citizens will
receive a copy of the City's response prior to the next meeting.
PUBLIC HEARING
Citizen. testimony, opinions, or questions at a public hearing are encouraged, and are
considered by Council in their respective deliberations. The following guidelines are
established by Council and are enforceable by the Mayor or the presiding Council
member.
Effective 1/98
Amended 1/05
1. A member of the City staff will introduce and explain the agenda item.
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Effective 1/98
Amended 1/05
2. The Mayor will invite public comment and set a time limit for each speaker so
that all citizens desiring to address the issue may have the opportunity to do
so. A group of persons may select one spokesperson to speak for the group;
that person may be granted more time at the Mayor's discretion.
3. A citizen desiring to speak may do so upon recognition by the Mayor. He /she
shall approach the podium and state their name and address. Citizens not
recognized by the Mayor shall refrain from interrupting a speaker who has
been recognized as a matter of general courtesy.
4. Questions should be addressed to Council. Council is free to call upon or
redirect a question to a staff member. Citizens are encouraged to contact staff
members prior to or following the public hearing to obtain further
information.
5. Each citizen will be permitted to address Council once during the meeting. At
the Mayor's discretion, second comments may be heard if time exists or if
new information is to be presented.
6. After citizen comments have been heard, Council will close the public portion
of the hearing and then hold its own discussion on the issue. A decision may
be made at this time or postponed until a later meeting. No further public
comment on the topic will be allowed unless specifically invited by the
Mayor.
These guidelines may be amended upon a majority vote of the Council.
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COUNCIL POLICY 07
Council Workshop Protocols and Purpose
POLICY PURPOSE
The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose
of a Council Workshop.
WORKSHOP DEFINITION
Council workshops are special work sessions attended by Council. Designated as special
informational opportunities for Council, as a whole, to address, examine, and formulate
legislative positions on a variety of complex policy issues affecting the community at local, state,
and federal levels.
WORKSHOP PROTOCOLS
The following guidelines have been adopted by Council to establish an appropriate framework
for Council workshops to ensure a productive, team oriented and conducive work session
environment.
Because the work sessions are attended by a quorum of the City Council, they are
considered public meetings subject to the state Open Meeting Law.
Any Council member may request that a workshop be held to discuss a matter, however,
items will only be scheduled for a work session by a majority of the Council.
The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members
with an opportunity to participate in workshop discussions.
Because Council workshops are primarily held for the benefit of locally elected officials
to further study, evaluate, and understand complex community issues and their related
policy implications, no official actions will be taken by Council and there may be limits
placed on the participation of interested individuals and organizations.
Issues to be studied at Council workshops shall be publicly identified and appropriately
publicized. Agendas shall be prepared in accordance with the issues to be discussed by
Council.
Workshop meeting dates, when requested and approved by Council, shall be ceplarly
of Council detcrrnincs that a workshop date should be scheduled at some othcr
time scheduled as needed and meet the re uirements of the 0 en Meetin Law.
WORKSHOP FORMAT
Adopted 10/6/97
As the intent of a Council workshop is designed to facilitate a better understanding of legislative
issues before Council, members shall have the opportunity to freely express their thoughts, ideas
and concerns in order to fully explore the issues before coming to a final policy position. As
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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.
While individual and group positions may be formed as part of this process, no official vote shall
be taken. Should Council express consensus of opinion on any given matter under deliberation
at a workshop, Council members reserve the right to modify, amend, or change their positions
prior to an official vote.
PUBLIC INFORMATION STATEMENT
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 matter.
This policy may be amended by a majority vote of Council as deemed necessary and appropriate.
Adopted 10/6/97
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