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HomeMy WebLinkAbout02.06.12 Council Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS 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 (1/17/12 Regular) (1/23/12 Workshop) Approved b) School and Conference—Police Information Received c) Approve Memorandum of Understanding with Department of Homeland Security—Police Approved d) Adopt Resolution-Approve Curbside Clean-up Day Agreement—Municipal Services R7-12 e) Approve Dakota County Sentence to Service Contract- Engineering Approved f) Approve Temporary On-Sale Liquor License Knights of Columbus - Administration Approved g) Approve Eureka Township Fire Contract—Administration Approved h) Acknowledge Retirement Dan Meyer—Fire Department Acknowledged i) Acknowledge Retirement Kevin Kuehn—Fire Department Acknowledged j) Approve First Renewal of Lease Agreement with Allina Medical—Human Resources Approved k) Approve Bills 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 11. UNFINISHED BUSINESS a) Approve Administrative Policies and Procedures -Administration Approved 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Potential Sale of 431 Third Street 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 (1/17/12 Regular)(1/23/12 Workshop) Regular Minutes 4 Workshop Minutes 13 School and Training 2-6-12 amundson fla 18 Approve Memorandum Of Understanding with Department of Homeland Security MOU HSI 2-6-12 19 HSI SLOT MOU Farmington (2) 20 Adopt Resolution Approving Curbside Cleanup Day Agreement city clean-up agreement 24 Resolution 25 appliance &electronics agreement 26 Dakota County Sentenced to Service Contract Dakota County Sentence To Service Contract 33 2012 Contract 35 Approve Temporary On-Sale Liquor License Knights of Columbus Memo 39 Application 40 Approve Eureka Township Fire Contract Memo 41 Map 46 Acknowledge Retirement Dan Meyer Memo 47 Acknowledge Retirement Kevin Kuehn Memo 48 Approve First Renewal of Lease Agreement with Allina Medical Transportation Allina Lease Renewal Agrmt 49 DOCS-#162315-v1- AGR FIRST RENEWAL_OF_LEASE AGREEMENT_ AMBULANCE_STATION ALLINA 50 Lease with Allinal 51 Approve Bills List of Bills 75 Administrative Policies and Procedures Update Memo 111 Closed Session - Potential Sale of 431 Third Street Memo 122 1 7a_-, COUNCIL MINUTES REGULAR January 17, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGIANCE 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: Soren Mattick, City Attorney;Kevin Schorzman, City Engineer; Teresa Walters,Finance Director;Randy Distad,Parks and Recreation Director;Brenda Wendlandt, Human Resources Director; Cynthia Muller,Executive Assistant Audience: Tim Thompson, Dave&Sue Gerardy, Colin Garvey,Doug Bonar, Dave Quehl 4. APPROVE AGENDA Councilmember Bartholomay pulled item 7j)Bills for comment. Councilmember May pulled item 7d)Legal Newspaper for comment. MOTION by Fogarty, second by May to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENTAGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes(1/3/12 Regular)(1/9/12 Special)(1/9/12 Workshop) b) Accepted Resignation Parks and Recreation Commission-Administration c) Approved Appointments to Boards and Commissions-Administration d) Approved Farmington Independent as Legal Newspaper-Administration e) Received Information 2011 4th Quarter Building Permit Report—Building Inspections 0 Approved School and Conference—Finance and Administration g) Approved School and Conference—Municipal Services h) Received 2011 Annual Report—Fire Department i) Approved VEBA Welfare Benefit Plans Trust Agreement—Human Resources j) Approved Bills APIF,MOTION CARRIED. 4 Council Minutes(Regular) January 17,2012 Page 2 7d) Approve Legal Newspaper-Administration Councilmember May commented this has been brought up the last couple years to make sure we are fairly publicizing the ability for both papers that serve our area to bid for legal notices. She thanked ThisWeek newspaper for providing a bid. She would like the Farmington Independent to continue as the legal newspaper, but both papers do serve the community quite well. It was good to see both having the opportunity for the business this year. 7j) Approve Bills Councilmember Bartholomay commented on mileage and asked that staff use City vehicles whenever possible. He also asked about the subscription to the Farmington Independent. Staff explained those are for various City facilities. Councilmember Bartholomay asked about the bill for T-mobile as he recalled we were using Sprint. Staff explained it is for a GPS card for surveying equipment as the Sprint card did not work. Councilmember Bartholomay asked about the bill pertaining to the Seed property. Staff explained that is for an independent appraisal that was done for a future Council discussion and it will be reimbursed by the developer. Councilmember Bartholomay asked about the bill for Metro Dining Cards. Staff explained they are sold by the Rambling River Center has a fundraiser for the renovation project. Councilmember Bartholomay asked about various Visa charges which staff explained. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Receive Public Comment on Acquisition of 420 Elm Street for Downtown Liquor Store—Parks and Recreation Mayor Larson stated this will not be a discussion on the philosophy of whether we should or should not be in the liquor business. We want to hear comments on purchasing this site for a future downtown liquor store. The decision about being in the liquor business has been made. We want public comment from the neighbors. Parks and Recreation Director Distad stated a letter was sent to property owners within 350 ft.of 420 Elm Street notifying them of possible acquisition of this property for a downtown liquor store. The letter was to provide property owners an opportunity to provide comment on this proposal. Some comments were received prior to the meeting. Staff provided drawings of what the property would look like with renovations. Mr. Tim Thompson, 816 7th Street,thanked Councilmember May for responding to his e-mail. As for the rest of Council, he had no idea why they couldn't respond to a simple question,but apparently it is not feasibly done around here. Council has made up their mind to stay in the liquor business and trying to move 5 Council Minutes(Regular) January 17,2012 Page 3 somewhere they believe would be more profitable for the City. But in turn,you are removing a taxable business from the City tax rolls. So what is the plan to pick up the difference on that taxable property? It is about$2800/year in taxes to the City and fiscal disparities amounts to $3700- $3800. So where will you pick up the difference? Why not use a facility we already have? Have you looked at that? Yes, it is on a higher traffic road,but why are we spending money we do not have when he sat through every budget meeting and Council argued for six months about whether you had bonding money to do it and you continue to move ahead without any money. When will the difference be picked up for the taxes we are losing by taking this property off the tax rolls? Mayor Larson replied that information will come out,but right now it is not public. This is just an option. That is why we are getting public comment. Mr.Thompson noted Mayor Larson said we are staying in the liquor business before anyone said anything. So apparently you already have your mind made up this is where you will go. Mayor Larson replied no. Mr. Thompson asked why did he not receive a response to his e-mail? Why did no one respond except for Councilmember May and City Administrator McKnight? Are you afraid of citizen comments? Are you afraid of public input? Councilmember Fogarty stated she is the one who asked for public input. Mr. Thompson said there is no response sent when someone provides input. You take the input from the people you want to. He was trying to afford living in the town he wants to raise his children. If that takes battling to keep taxes in the forefront,he will do it. Whether it is every other week,he will do it. You need to learn to take the input rather than blowing people off. If this is your option,then I would like to see other options. Mayor Larson stated this is the first one and we want to get public comment on this first. Mr.Thompson stated if this is your first option,then where is the plan for people to study to fmd out where you will pick up the tax difference. Mayor Larson stated that information will come. Mr.Thompson asked before or after you decide you want to put it there? Mayor Larson replied before;we are not voting on this tonight,we are taking public comment. Mr.Thompson stated it has to be done so people have the time to do the research. Councilmember Bartholomay noted he forwarded Mr. Thompson's e-mail to City Administrator McKnight and appreciated the information Mr. Thompson sent. Mr.Thompson stated if you all have individual e-mails why forward it to the City Administrator? Why can't you respond? You are an elected official by the people of this town. Why can't you respond? Councilmember Bartholomay stated he did not respond because he wanted to obtain more information. Mr.Thompson agreed,but if we are asking questions and you don't have information,how are you going to get input from the people if the people don't have the proper information? This is an option,but if you have no information to go along with your option, your option is worthless. If you are giving an option without any benefits, you will be in trouble. Mr.Thompson would like to know when those options will be available. Mayor Larson asked when more information will be released. Parks and Recreation Director Distad stated tonight we are gathering questions and comments and we will compile them. If we can answer the questions we will. At the same time there has been no decision made. When it comes back to the Council for further discussion and 6 Council Minutes(Regular) January 17,2012 Page 4 possibly a decision is when that information will be available to the public. Mr. Thompson assumed that would have to be prior to the lease expiration of the existing liquor store. Staff stated the existing lease expires August 1,2012. Mr. Thompson noted so you will give people a real amount of time to provide input rather than having executive sessions behind closed doors that no one can come to. Mayor Larson realized Mr. Thompson is frustrated,but Council is taking direction from legal counsel on what we can and cannot say and when. Councilmember Fogarty stated it is not meant to be deceptive. When information comes out that you are dealing with a public entity, quite often the price increases. That is why things are done in closed session to make sure that does not happen. Mr. Thompson understood,but the value is the value. If the value will increase then it is a fictious value. He sat through a budget workshop where staff said how to take the actual value of their home. If you are over that,you are overpaying. So why would that information be out of line? Councilmember Fogarty stated we are not being deceptive. That is why we asked for public comment. We are not hiding anything and we want input., Mr.Thompson stated it sure seems like it and then when you don't get a response to questions you ask, it seems more deceptive. You wonder why people get frustrated when you don't give answers. He hoped Council gives all the information to the people. Councilmember Bartholomay apologized for not getting back to Mr.Thompson. Parks and Recreation Director Distad stated this would be a revenue bond and not paid back through property taxes. It would be paid back through liquor store profits. Mr.Thompson asked about the length of the bond. Staff stated that has not been decided yet. It would not be on the taxpayers to pay the bond back. Liquor store profits would be used to pay the bond. It would not be on the property taxes. Mr.Thompson stated if you are short in the liquor department,that goes back to the property owners as it comes out of the general fund which is paid by the property tax owners. Staff agreed. Mr.Thompson stated apparently it is not profitable now and that is why you are looking at a second option. Mayor Larson stated we are talking about the building now. Councilmember May commented she is not opening the debate about whether we should be in the liquor business, but how can we make a comment that whether we stay in the liquor business is not part of the equation,when we are talking about a$1 million bond, is very short sighted. It certainly does have to be part of the discussions we have and the public should be open to hearing all of the input we have. If we are talking about increased sales,we have not seen any data to support why a move will make a difference. She felt Council owes it to the public to make sure we are keeping an open mind, collecting all the data,and they hear all the data and if the public wants to give us input on a location and/or whether we should be in the business,they should be able to do so. Councilmember Fogarty stated that is not how this was advertised. Councilmember May stated it has to be part of the discussion;maybe not tonight,but it has to be part of the discussion at some point before a decision is made. 7 Council Minutes(Regular) January 17,2012 Page 5 Councilmember Donnelly wanted to explain the revenue part. The bond is not paid by the taxpayers. Right now we have to pay a lease and the payments on this building would be less than the lease we are paying now. If we don't make enough money to pay the lease,the same is true. This is a way to lower that payment and eventually get rid of it after owning the building for a certain number of years. We have discussed the philosophy before and we will discuss it again. Ms. Sue Gerardy, 501 Oak Street,stated it is a very residential area for a liquor store. We have a lot of small children in the neighborhood. She did not believe it would be a good spot for a liquor store. She looked at the agenda packet and noticed Council is considering another site at Vermillion River Crossing. As far as the cost,$500,000 is a lot of money,but to buy a 40-year old building and renovate it and only spend$500,000 -$700,000 more to build a brand new building does not make sense. It is a very residential area and we have a lot of children. We all know what happens at liquor stores on occasion. You get the issues and the drunks and we don't want our children exposed to that. They lived there when Tom Thumb was in that location and it was dangerous. The traffic was terrible. Mr. Colin Garvey, 22098 Canton Court, stated if you don't want to take a philosophical point of view, let's take a factual view. About 20 years ago staff moved the grocery store from one TIF district to another TIF district. Then we jumped from point A to point B and at one point we had 13 properties that were off the tax rolls for 20+years. This site alone,there are five businesses. At 195th Street we built a new Maintenance Facility. He went to a meeting and asked why do we have to put a Police Station on the corner? Why can't we move it over and sell that corner? You would have thought I shot the Pope for that comment. We have a lot next to the Police Station for sale. The building on First Street was to be sold to pay down the bond debt on the Maintenance Facility; it did not happen. When City Hall was built,the old City Hall was to be sold to pay down the debt; it did not happen. He is glad it is used for a senior center because they deserve it. It beats a park. Everything he brought up was not given to the public to vote on. HRA funds were used, and he believes illegally. Now the citizens are on the backside paying off all this debt that has been created. He has been to a lot of meetings the last 25 years. In the last 5-6 years it has gotten really challenging. In the 90's he talked to the Mayor about taking away commercial property and you take away our tax base and our fiscal disparities. You get more fiscal disparities back,but it is harder on the businesses that are here. The quicker you realize that,the quicker you can start making better decisions. We had a liquor store downtown. We didn't decide to move it. Staff and the City moved it. That is not our fault. You had visibility. The building was paid for. You have got to stop taking taxable property off the tax roll. We can't afford it. You have sat at how many budget meetings? You can't even come up with half the money, $145,000 for seal coating. You can't even assess for it. That tells him all the slush funds are bankrupt. You can't come up with half that money otherwise you 8 Council Minutes(Regular) January 17,2012 Page 6 can't do seal coating. How can you possibly think of taking another piece of• property off the tax rolls? It doesn't make any sense. There is not economical sense to this. Our Spruce Street corridor was to be designed years ago and opened up. That was put on the back burner. When this building was built, one of the biggest pushes for this site was because the Vermillion River Crossing and Spruce Street corridor would be opened. If you have to be in the liquor business,you have a spot on the corner. Save the taxpayers money,put it there, get Spruce Street opened up,and stay with what you vote on. Let's be consistent. We are jumping around with the taxpayers' money and it hasn't worked. Can anyone argue with my facts? Are they inaccurate? Mayor Larson stated we are not going to argue tonight. You make a lot of sense. Mr. Garvey stated everything he brought up is factual, so why do we keep doing it? You have to go to your taxpayers for votes. Everything he brought up,the residents were not allowed to vote on. Council is supposed to be a government of the people and for the people. The quicker you realize that,the better off the City of Farmington will be,the State of Minnesota will be and this whole county,because it is going broke. Mr. Dave Quehl, 500 Elm Street,asked that Council speak up. First of all,he did not think the City should be in the liquor business. Secondly, his family has been in their house for 34 years and it will really be affected by a liquor store. He took two windows out of the west side of his house because cars would come out of Tom Thumb and would light up his kitchen. The same thing will happen with a liquor store. It is a residential area. You have seven homes in that block. It is not a place for a liquor store. It is residential. You will not keep it a residential area with a liquor store. You can use another location where a restaurant moved out. Why not put it there? He doesn't follow City politics,but he hears,why can't we get businesses in Vermillion River Crossing? Why not put it out there? Mayor Larson stated that is one of the options. Mr. Quehl asked where the idea came from to put a liquor store there? Parks and Recreation Director Distad stated they did a search of properties and there was some criteria that had to be met including willing sellers versus the eminent domain process. This property was up for sale. Mr. Quehl did not think this was a smart move. Mr. Quehl then asked why he has to show his driver's license to buy a six pack of beer. Staff replied it is store policy. That way we do not discriminate against anyone. We treat everyone the same. Mr. Quehl stated when he goes to the liquor store in Rosemount they don't ask for his driver's license and that is where he has been going. He did not understand why they have to ask him for a driver's license. Mr.Doug Bonar,20506 Eastview Curve, understood the challenges of property acquisition. It appears the Council is planning on purchasing a building or constructing one. The questions are basic. In doing so, is there a plan? Is there a business plan? Obviously we are speaking about property. Personnel and product are the other two p's that with all three done well, result in profit. What we have experienced with a municipal liquor store is poor at best. It doesn't rank well with our peers; it doesn't rank well within the state of Minnesota. We have some keen challenges ahead. While the laws changed in the `30's after prohibition and 9 Council Minutes(Regular) January 17,2012 Page 7 the policies of temperance were put in place,the actualities of the municipal liquor store as a matter of creating a revenue stream to underwrite enterprise funds came into place. There are several enterprise funds that are in great need. Does this Council and this administration have a plan,whether it means the purchase of this property, or the construction of another,that will result in a dramatic change in an increased profit for municipal liquor operations? If not, are there other options that will be considered? Councilmember May agreed. Ms. Julie May, 505 Oak Street,spoke on behalf of a homeowner that received one of the letters. She and her husband purchased this property and will be living there soon. One of the reasons they like it is because it is on the historic Oak Street,which is not conducive to a liquor store being half a block away. She concurred with other comments as a homeowner that this is not the right location for a liquor store. Mayor Larson stated this item will be brought back to the February 6, 2012 Council meeting. He thanked residents for their comments. Mr.Thompson stated Mayor Larson needed to clarify what he is talking about. He needs to clarify to the people you are talking liquor store again on February 6, 2012;are you talking about another location, or other options? Tell people what you are going to discuss so people can decide whether it is worth their time or not. Not just we are going to discuss liquor stores on February 6, 2012. Mayor Larson asked staff what will be on the agenda for February 6,2012. Parks and Recreation Director Distad stated they will take the public comments received tonight,review them, and come back on February 6,2012,to discuss whether this property is a location Council wants to pursue or are there other options you want to talk about. Mayor Larson stated he and City Administrator McKnight met with Mr. Wartman,the owner of the current liquor store site, and he did extend some options including reducing the space,purchasing the building, and extending the lease for as long as necessary while we decide what to do. Councilmember Bartholomay felt they should talk about philosophy before talking about purchasing to get it out there. If the philosophy is not there, it is pointless to keep going. Councilmember May understood that after this public comment,there would be a workshop before any other discussion came to a Council meeting. The Mayor has met with the current landlord and Council needs a chance to have a good workshop about not only this option,but other options that have been discussed where other Councilmembers have not heard all the details. She felt there needs to be another workshop for this topic prior to anything coming to Council for a vote. That was her understanding from City Administrator McKnight. City Engineer Schorzman suggested breaking the topics into two portions. He suggested having a philosophy discussion first before a philosophy and what to do discussion. Councilmember May felt they go hand in hand. Revenues and spending go hand in hand so what is the plan? That is the philosophy;the plan. All she has heard of the plan is that moving to Elm Street will increase sales. Staff's understanding of the philosophy discussion was 10 Council Minutes(Regular) January 17,2012 Page 8 should the City be in the liquor business or not. Staff will discuss a workshop for January 23 or January 30,2012 and inform Council of a date. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Donnelly: He appreciated everyone's comments. He was glad to hear the opinions and Council will continue to listen. This is not a done deal. Council does not ask for public input on everything. He was not aware of the items Mr. Garvey was talking about from the past. He thanked everyone for their comments and nothing has been decided. Councilmember Fogarty: For anyone that is frustrated because they think they don't get through to Council,the budget was a perfect example of Council listening and responding to what we heard. She did not know how anyone could accuse anyone on this Council of not being open minded and listening;we absolutely do. That is why we asked for public comment on something where it was not required,but we wanted to hear from the residents who live in that neighborhood and how it would impact their lives and homes. She thanked the residents for coming and for sending e-mails. There are many venues for people to contact Council so we can receive lots of information. The Community Expo will be held Saturday,January 28,2012,at the Farmington High School. Residents can fmd out about businesses and community organizations. Councilmember Bartholomay: Thanked the residents for expressing their opinion and concerns. He apologized again to Mr.Thompson for not responding to his e-mail, but he took it as a question for the City overall. In his opinion he did not think the City could recoup the tax dollars and did not think it was a good idea to take a taxable property off the market. He will respond to Mr.Thompson's e-mail. Councilmember May: Thanked the residents for sharing their comments. She thanked the Fire Department for the Annual Fire Department meeting. We have a very young Fire Department and she was amazed with these young people taking the time to learn the skills to protect us. She thanked them for their service to the community. City Engineer Schorzman: The FEMA information is on the website. Staff is continuing to receive phone calls regarding the flood plain and we are successful in helping residents get the information they need for their lenders. The letter they need is on the website. Mayor Larson: Thanked the Fire Department for the invitation to their Annual Meeting. He congratulated Jeff Albee for being Firefighter of the Year. The Community Expo is January 28,2012 at the Farmington High School. There is lots of good information and fun activities. He encouraged residents to come out to see what 11 Council Minutes(Regular) January 17,2012 Page 9 Farmington has to offer. January 23,2012,there will be a ribbon cutting at the car wash for a new automatic touch free bay. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 7:49 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 City Council Workshop Minutes January 23,2012 Mayor Larson called the workshop to order at 7:28 p.m. Present: Larson,Bartholomay,Donnelly, Fogarty,May Also Present: David McKnight, City Administrator;Teresa Walters, Finance Director;Randy Distad,Parks and Recreation Director;Cynthia Muller, Executive Assistant MOTION by Fogarty, second by Bartholomay to approve the agenda. APIF,MOTION CARRIED. The purpose of the workshop was to discuss City liquor operations. Council began with a philosophical discussion on whether or not the City should be in the liquor business. Councilmember Fogarty did not like the idea of being in the liquor business, but it is a huge portion of our budget and we need to support the pool and the arena. Residents have said that is a valid reason to stay in the liquor business. She did not know where we would come up with the funding for those facilities. We already have huge holes in the budget we need to fix for this year and to come up with another$150,000 for next year is not realistic. She doesn't like being in the business,but we do not have a lot of funding sources. Councilmember May stated if our objective is to maintain a funding source for enterprise funds, then fine. But she felt we should fully examine the enterprise funds(arena,pool, and senior center) and come up with a plan. If the plan consists of it continuing to lose money,then what is the cap? Will we approve the general levy funding the senior center for$50,000 or $100,000/year above and beyond their revenues? Right now,there doesn't seem to be a cap on the loss side. We do have a budget,but if we have a liquor store fund to dip into,no one is too excited about it. We need to ask ourselves what the taxpayer is willing and able to pay to support those entities whether it comes from general levy fund or from the liquor store fund, it still is Council direction and public input whether we will continue to operate those entities in this manner. Once those numbers are identified in those particular funds,then we need to talk about the source of funds and whether it will be from the general levy or liquor store money. What happens if we don't have liquor store money? What will our community look like? This is the piece we have never really discussed;a philosophical approach as to if the government should be in business to make a profit and especially from liquor,and if we really looked different from our neighbors and sold ourselves that way,what would Farmington really look like? Perhaps a Trader Joe's could start a movement towards a green community where we have boutiques and specialty organic shops,or medical technology businesses. We will never be a drive through community;we are a destination community. We will never see liquor sales like Lakeville and Apple Valley. We need to be bold and we need to be different. Let's focus on what government is supposed to do;create a welcoming environment for any business and perhaps we can have some say in whatever shape or form that ends up being for Farmington. If not,then we keep going and doing what we have always done. It really hasn't worked. Those funds continue to lose money. The liquor business does bring in some money,but she felt the alternative could be more exciting and give more hope to the future of our community. We don't 13 Council Workshop January 23,2012 Page 2 even have a full grocery store anymore in the eyes of many. Even Cub Foods is selling liquor. Do we really understand what the liquor business will look lice in the future? We also don't know all the liability issues in the future of liquor sales as more and more places can now sell it. Let's focus on what we do know and what we are hired and elected to do. What does the City budget look like if we remove all liquor store expenses including future employee costs? We have not gotten a handle on that. What is the real impact? What is the potential shortfall while businesses come in to replace us? Let's make some calls and see if there is big box interest to come in exchange for the$100,000 or$200,000 we are hanging onto in liquor sales. Councilmember May felt we are at an exciting point in the community. We can be bold and different and this is our opportunity. She wanted to look at extending the lease while we get a bigger picture of what we want to do. Councilmember Donnelly did not consider the liquor business an essential service for the City to provide. He feels the arena,pool, and senior center are services the City should provide. They are amenities that attract people. He did not know why they are set up as enterprise funds. Finance Director Walters stated the arena is a special revenue fund,not an enterprise fund. When it was changed to a special revenue fund, it should have been supported by the general fund at that point and it never has been;that is why we have a deficit. The pool and the senior center are being transferred into the general fund in 2012. The arena is a special revenue fund because it cannot support itself. In order to be an enterprise fund it has to support itself. Parks and Recreation Director Distad stated originally the arena was an enterprise fund,but it wasn't making money so it was moved to the special revenue fund. Previous to that, liquor store profits were being transferred to cover the difference. The arena has come close to breaking even,but has never exceeded the cost to operate. Councilmember Donnelly would like to see the senior center,pool and the arena remain as services for the community. The liquor store is not extremely profitable so before we invest in a building,we should hire a consultant to look at the operation and see why it performs the way it does. If someone says it can be fixed or re- organized to make it profitable, but if it will stay as it is,then we should get out of the business. In order to do that,we should extend the lease where we are. It takes a lot of time and effort by staff to support that business. City Administrator McKnight suggested contacting the Minnesota Municipal Beverage Association(MMBA)as we are members. We also have neighbors that are more successful than we are. Councilmember Donnelly stated if we are not willing to do what is required to make it profitable,then we shouldn't be in the business. We have been looking at it internally for years and there hasn't been any improvement. Councilmember Fogarty stated if we continue,then what will be our threshold for how much debt these entities can go into and what is the threshold to say they are profitable? Mayor Larson felt the MMBA will give us realistic goals, and then we need to determine if those goals are good enough for us. Councilmember May was not big on spending money on studies,but this might be a little unique. There is a disconnect when we are talking about the bottom line and a 2%profit margin and expanding the business. Councilmember Bartholomay stated it sounds like doomsday if we don't support the pool, arena, and senior center. Will the City collapse if we don't support those? They need to be self- sufficient. Councilmember Fogarty stated that will not happen and you have to decide if they are worth funding. You will hear from residents who want to keep those facilities open. Councilmember Bartholomay stated that would be a good conversation because we may have 14 Council Workshop January 23,2012 Page 3 residents and business owners want to spend the money to build a liquor store. If we need to spend money on a study,we need to do it. He does not believe we should be in the liquor business because we are monopolizing a market that business owners should be able to open themselves. In June 2011,he and Councilmember May talked about getting out of the liquor business. If things are changing,we need to do an in-depth analysis. Councilmember May asked if we have looked at what if we weren't in the business? Councilmember Fogarty suspected in a market analysis we would not have a liquor store because the profit margin is so small. There is an average transfer of$150,000 for which she is unwilling to close those three entities. Without the liquor business, she doesn't know what fate they would have. We already have a huge amount to reduce this year. Councilmember May stated then we have to start with those three entities. Are they properly organized and run? Councilmember Fogarty noted we are not in a unique situation. Councilmember May stated if the public wants those things, are they willing to pay more for them if we didn't have the liquor business? Then we could open ourselves up to more economic development. Mayor Larson felt we should start with the MMBA,bring in our neighbors to see what the potential is with liquor. Transfers last year amount to $90,000;$70,000 was HR/IT administrative costs and$20,000 was for the pool. Mayor Larson stated the new lease at the Pilot Knob liquor store started December 1,2011. So we should see a savings this year of$72,000. The lease for the downtown store can be extended for any length of time. Staff discussed with the landlord keeping the lease amount the same for a year if we look at properties other than the current building. Mayor Larson wanted the buildings to be part of the analysis. Regarding the Elm Street site, Councilmember Fogarty would not be interested in that site. Councilmembers Bartholomay and May would not be in support of that site if we stay in the liquor business. Councilmember Donnelly stated when looking at the liquor business,there is a facility cost that has to be included whether we lease or buy. Councilmember Fogarty suggested looking at Vermillion River Crossing. Councilmember May asked about the old senior center. Mayor Larson felt the liquor business is suffering now because of bad leases. Councilmember May thinks it is more than that. People are driving home past other liquor stores and that will not change. Parks and Recreation Director Distad noted we did hire a broker to look at properties. The Elm Street property came through on that search so should we start all over? Mayor Larson replied no,just eliminate that site. Councilmember Fogarty agreed it has great visibility, but she did not understand the past problems with that site and that is why she wanted resident input. Mayor Larson noted if we get out of the liquor business,there is nothing to stop a liquor business from coming to that site,and it will not need Council approval. It is zoned for business. For other sites, staff should look at Vermillion River Crossing and the old senior center,however that was taken off the list because of traffic. Councilmember Donnelly did not want to limit the search and staff should look at everything possible. His preference would be Vermillion River Crossing. If we stay in the business,we should build a new store out there. Councilmember Fogarty agreed. Councilmember May asked if there was a concern with looking at locations and then we get away from what we should be talking about first. City Administrator McKnight clarified first staff will look internally at operations. Are we doing everything we need to do to get every penny out of the current operation? Councilmember Donnelly stated hopefully you will fmd some things, otherwise this is short lived. There should be a list of actions to be taken to make it more profitable. Mayor Larson stated another part should be realistic goals. City 15 Council Workshop January 23,2012 Page 4 Administrator McKnight noted staff has made some changes to increase profits so we do need to recognize that. Step two is if we stay in the business where will it be located. Councilmember Bartholomay noted we have to consider if we do get out of the business,how do we phase out, because we just agreed on a five year lease for the Pilot Knob store. Councilmember May was told we can get out of the lease. City Administrator McKnight added to Council's direction, if we want to get out of the lease,how do we do it? Councilmember May wanted to know what the budget would look like if we did get out of the business. City Administrator McKnight stated the liquor store budget would go away along with money into the general fund. Councilmember May asked if the year end number includes all long term costs. Finance Director Walters stated it does include everything including the transfer to the general fund and depreciation. We lump both liquor stores together and one store is more profitable than the other. The downtown store is not as profitable,but it has the potential to be. Councilmember May asked if there was a way to see if we were not in the liquor business,what businesses would come here. Parks and Recreation Director Distad noted the Elm Street property pays$14,000/year in property taxes to the City, county, and school district. We would have to have 15 liquor stores in place to replace the$90,000 being transferred. Mr. Tom Herme, 905 Larch Street,he read an article stating that profit was$36,000/year for both liquors stores and asked if that was accurate. Councilmember Fogarty replied no, it has to do with depreciation after we report to the State. It is not an accurate number. Mr.Herme would prefer to privatize the liquor business. If you do an analysis it would be useful to look at what revenue could be generated from issuing a liquor license to a private operation. Determine whether those revenues in addition to property taxes generated would meet the bottom line figures from the current operation. If so,the City could go down that path and have the same funds available. Then the question is do we really have a private party that would want to come in. Also, does the Council have the philosophy that would require a facility be in downtown Farmington? Mr. Herme was not sure a private party would see the revenues they want taking place downtown. He drives hwy 3 every day and within several blocks of county road 42 there are several choices. We are at the point to ask whether this should continue. He would like the City to determine if we can get more revenue without any effort by City staff to generate the revenue to support what we have today. Councilmember Bartholomay recalled from the June 2011 meeting,he asked the City Attorney if we got out of the liquor business, can we get back in and his reply was the City can re-establish, but it would be very difficult to discontinue private licenses. Mr. Tim Thompson, 816 7th Street, stated Council is dancing around what the liquor store is paying. The arena is$62,000 in the hole. No one brought that up at the time the $1 million bond to fix the arena was forced down our throat. The Hockey Association has contributed zero. We have to fix the mistakes before we continue to move forward and make more mistakes. Those entities are great for the town, but there is no reason they cannot be funded in a direct manner that does not take more items off the tax rolls. We will continue to have negatives until we fix the initial system. The system is either broke or something needs to be corrected. All he ever hears is the county did this and the state did this. Well,the state did not build this City Hall,the state did not build the bridge to no where,the state did not put in 195th Street,we did. Until the items that are really strapping this town get corrected,how are you going to fix things. You 16 Council Workshop January 23,2012 Page 5 cannot keep throwing bad money out. It is a philosophy factor. If the philosophy does not work to be in it, it is not worth a 2%margin. There has to be ways to pick up the difference to cover those three entities. The general fund has to be able to cover the basic core needs and infrastructure of this town. If the Elm Street location is open for a liquor store,then maybe an ordinance needs to be changed. What if they wanted to buy the Burger King building? We cannot continue to segregate ourselves and not get anyone in town. A company he works with regularly contacted him and it was impossible for him to get through to anyone at the City by the third phone call. It was too much work. You have to get the core of the town fixed and the structure so you can bring something to town. It has to be corrected. Supporting a senior center, arena and pool should be nothing. We have to look at the bigger picture. If we are talking about spending$1 million for a 2%profit margin,that makes no sense. City Administrator McKnight noted staff will talk with Mr. Wartman by February 1,2012, regarding extending the current lease. If we want to negotiate a new lease,that is not tied to that date. MOTION by Fogarty, second by Bartholomay to adjourn at 8:16 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 17 7/ j City of Farmington i 430 Third Street ! Farmington,Minnesota z 651.280.6800.Fax 651.280.6899 www.ci.larrningtin7.mn.LLr TO: Mayor and Councilmembers City Administrator FROM: Brian A. Lindquist, Police Chief SUBJECT: School and Conference Patrol DATE: February 6, 2012 INTRODUCTION/DISCUSSION On January 4, 2012, Officer Amundson, was advised by the Office of Traffic Safety that he had been chosen to represent The City of Farmington and The State of Minnesota at the annual Lifesavers Conference to held June 14-16, 2012 in Orlando, Florida. This selection by the State's OTS comes with an$1,800.00 grant to cover all costs related to the conference. BUDGET IMPACT The Office of Traffic Safety is covering all conference related costs. The City's only obligation is Officer Amundson's pay while in attendance at the conference. ACTION REQUESTED Information only. Respectfully submitted, Brian A.Lindquist Chief of Police 18 2c__ 100,142k City of Farmington zx 430 Third Street _ _ Farmington,Minnesota `•' 6651.2R0.61300•Fax 65I.280.6899 A www.ci.farrningt on.nin.us TO: Mayor and Councilmembers City Administrator FROM: Brian A. Lindquist, Police Chief SUBJECT: Memorandum of Understanding with Homeland Security Investigations DATE: February 6, 2012 INTRODUCTION/DISCUSSION The Farmington Police Department has on occasion assisted other federal agencies with a joint investigation. There is now a mechanism in place allowing local agencies to apply for reimbursement of certain costs associated with those investigations. Examples of approved reimbursable costs include such items as overtime, surveillance equipment, cellular phone costs, the purchase or lease of unmarked vehicles and training for officers associated with the investigation. The MOU has been reviewed by the City Attorney and approved for submission to the Council. BUDGET IMPACT There is no negative budget issue associated with this action ACTION REQUESTED Approve the Memorandum of Understanding between the Farmington Police Department and Homeland Security Investigations. Respectfully submitted, Brian A. Lindquist Chief of Police 19 MEMORANDUM OF UNDERSTANDING (MOU)BETWEEN HOMELAND SECURITY INVESTIGATIONS AND LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM THE TREASURY FORFEITURE FUND This Agreement is entered into by the Farmington Police Department, 19500 Municipal Drive Farmington,MN(NCIC CODE MN) and Homeland Security Investigations(HSI), SAC St.Paul Office for the purpose of the reimbursement of costs incurred by the Fannington Police Department in providing resources to joint operations/task forces. Payments may be made to the extent they are included in the HSI Fiscal Year Plan, and the money is available within the Treasury Forfeiture Fund to satisfy the request(s)for the reimbursement of overtime expenses and other law enforcement expenses related to joint operations. I. LIFE OF THIS AGREEMENT This Agreement becomes effective on the date it is signed by both parties. It remains in force unless explicitly terminated, in writing,by either party. II. AUTHORITY This Agreement is established pursuant to the provisions of 31 USC 9703,the Treasury Forfeiture Fund Act of 1992,which provides for the reimbursement of certain expenses incurred by local, county, and state law enforcement agencies as participants of joint operations/task forces with a federal agency participating in the Treasury Forfeiture Fund. III. PURPOSE OF THIS AGREEMENT This Agreement establishes the responsibilities of both parties and the procedures for the reimbursement of certain overtime expenses and other law enforcement expenses pursuant to 31 USC 9703. IV. APPLICABILITY OF THIS AGREEMENT This agreement is valid for all joint investigations led by HSI SAC St.Paul with the participation of the Farmington Police Department, and until terminated, in writing, by either party. 20 -2- V. TERMS,CONDITIONS,AND PROCEDURES A. Assignment of Officer(s) To the maximum extent possible,the Farmington Police Department shall assign dedicated officers to any investigation or joint operation. Included as part of this Agreement,the Farmington Police Department shall provide the HSI SAC St.Paul Office with the names,titles, four last digits of SSNs,badge or ID numbers, and hourly overtime wages of the officer(s)assigned to the joint operation. This information must be updated as necessary. B. Submission of Requests for Reimbursement(Invoices)and Supporting Documentation 1. The Farmington Police Department may request the reimbursement of overtime salary expenses directly related to work on a joint operation with HSI SAC St. Paul performed by its officer(s) assigned to this joint operation. In addition,the Farmington Police Department may request reimbursement of other investigative expenses, such as travel, fuel,training, equipment and other similar costs, incurred by officer(s) assigned as members of the designated joint operations with the HSI SAC St.Paul Office. The Farmington Police Department may not request the reimbursement of the same expenses from any other Federal law enforcement agencies that may also be participating in the investigation. 2. Reimbursement payments will not be made by check. To receive reimbursement payments,the Farmington Police Department must ensure that Customs and Border Protection,National Finance Center (CBP/NFC)has a current ACH Form on file with the agency's bank account information, for the purposes of Electronic Funds Transfer. The ACH Form must be sent to the following address: CBP National Finance Center Attn:Forfeiture Fund 6026 LAKESIDE BLVD. INDIANAPOLIS, IN 46278 If any changes occur in the law enforcement agency's bank account information, a new ACH Form must be filled out and sent to the CBP/NFC as soon as possible. 21 -3- 3. In order to receive the reimbursement of officers' overtime and other expenses related to joint operations,the Farmington Police Department must submit to HSI SAC St.Paul the TEOAF Form"Local, County, and State Law Enforcement Agency Request for Reimbursement of Joint Operations Expenses(Invoice)", signed by an authorized representative of that agency and accompanied by supporting documents such as copies of time sheets and receipts. 4. The Farmington Police Department remains fully responsible,as the employer of the officer(s)assigned to the investigation,for the payment of overtime salaries and related benefits such as tax withholdings, insurance coverage, and all other requirements under the law,regulation, ordinance, or contract,regardless of the reimbursable overtime charges incurred.Treasury Forfeiture Fund reimburses overtime salaries. Benefits are not reimbursable. 5. The maximum reimbursement entitlement for overtime worked on behalf of the joint investigation is set at$15,000 per officer per year. 6. The Farmington Police Department will submit all requests for the reimbursement of joint operations' expenses to SAC St.Paul HSI at the following address:2901 Metro Drive, Suite 100, Bloomington MN, 55425 Attn: Group Supervisor Coyle(952) 853-2685. VI. PROGRAM AUDIT This Agreement and its provisions are subject to audit by HSI,the Department of the Treasury Office of Inspector General,the General Accounting Office, and other government designated auditors. The Farmington Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period not less than three years;and in the event of an on-going audit, until the audit is completed. These audits may include reviews of any and all records,documents, reports, accounts, invoices, receipts of expenditures related to this agreement, as well as interviews of any and all personnel involved in these transactions. VII. REVISIONS The terms of this Agreement may be amended upon the written approval by both parties. The revision becomes effective on the date of approval. 22 -4- VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between HSI SAC St.Paul and the Farmington Police Department and is not intended to confer any right or benefit to any private person or party. Signatures: Michael Feinberg Brian Lindquist Special Agent in Charge Chief of Police Homeland Security Investigations Farmington Police Department U.S. Department of Homeland Security Farmington,Minnesota SAC St.Paul Date: Date: 23 21 ,yj City of Farmington t 430 Third Strcct t r I Farmington,Minnesota 6 T 651.2R0.6R00.Fax (51.tniis 99 ww .ci.tarmingnim.mnJb TO: Mayor, Councilmembers, and City Administrator FROM: Todd Reiten, Director of Municipal Services SUBJECT: Adopt Resolution Approving Curbside Cleanup Day Agreement DATE: February 6, 2012 INTRODUCTION&DISCUSSION . Curbside Cleanup Days begin on Saturday,April 21 and end on Saturday,May 19,2012. Dick's Sanitation, Inc./Lakeville Sanitary, Inc.will be providing trucks and labor to remove furniture, mattresses, and household garbage per the contract extension. The City contracts directly with an appliance/electronics recycler to reduce costs of the Curbside Cleanup Day program.Residents are allowed up to two appliances and two electronics per dwelling unit. Two quotes were received for collecting and recycling appliances and electronics. Certified Recycling, Inc.,who has provided the service in recent years,quoted$20 per appliance and$.30/pound for electronics.J.R.'s Advanced Recyclers, Inc. submitted the low quote of$15 per appliance and $.25/pound for electronics. J.R.'s Advanced Recyclers, Inc. is experienced and has provided this service for many other communities. BUDGET IMPACT The charge for each appliance picked up at the curb will be$15, and electronics will be$.25/pound per the quote from J.R.'s Advanced Recyclers, Incorporated.Funding for Cleanup Day is included in the Solid Waste operations budget. RECOMMENDATION Adopt the attached resolution approving the agreement with J.R.'s Advanced Recyclers, Inc. for collecting and recycling appliances and electronics for Curbside Cleanup Days 2012. Respectfully submitted, Todd Reiten Director of Municipal Services cc: file 24 RESOLUTION NO. R7-12 APPROVING CURBSIDE CLEANUP DAYS APPLIANCE AND ELECTRONICS AGREEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of February, 2012 at 7:00 p.m. Members Present: Larson, Bartholomay, Donnelly, Fogarty, May Members Absent: None Member Fogarty introduced and Member May seconded the following resolution: WHEREAS,the City of Farmington has provided Farmington residents with curbside collection of appliances and electronics since 2001; and WHEREAS,the City has received quotes to provide curbside collection, transportation, disposal/processing of electronics and appliances; and WHEREAS,the low quote of$15 per appliance and $.25/per pound for electronics was submitted by J.R.'s Advanced Recyclers, Inc. NOW,THEREFORE,BE IT RESOLVED, that the City of Farmington hereby awards the contract to provide collection,transportation, and processing of electronics and appliances to J.R.'s Advanced Recyclers, Inc. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of February, 2012. ayor Attested to the 7 day of February, 2012. p • Cdr L/ ity Administfator SEAL AGREEMENT between City of Farmington and J.R.'s Advanced Recyclers This Agreement made and entered this day of , 2012, by and between the CITY OF FARMINGTON ("City"), a Minnesota municipal corporation, and J.R's Advanced Recyclers, Inc. ("Contractor"), a Minnesota corporation, for the collection, transportation, and processing of appliances and electronics. In consideration of their mutual covenants,the City and Contractor agree as follows: 1. Contractor's Responsibilities. The Contractor agrees to provide the curbside collection, transportation, disposal/processing of electronics and appliances. The Contractor's quote is attached and is referenced as Exhibit A. The collection shall be provided to approximately 5334 single family and 1572 multi-family household units on five Saturdays in April and May of 2012. Collection must begin no earlier than 7:00 AM and must be completed by 7:00 PM on the same day. Only properties that are Farmington residential garbage customers are eligible for this service.The current daily routes will be used in determining clean up days and are as follows: Normal Route Day Clean Up Day—Saturday Monday Apri121, 2012 Tuesday April 28, 2012 Wednesday May 5,2012 Thursday May 12,2012 Friday May 19, 2012 2. Materials. a) Contractor is solely responsible for the collection of electronic items and transportation of these items to J.R.'s Advanced Recyclers, Inc., 10619 Courthouse Boulevard, Inver Grove Heights,MN 55077. Electronic items include televisions, computers monitors, computers, keyboards, printers, typewriters, fax machines, and copiers. Commercial electronics are not included. Electronics will be collected and managed in a fashion that is consistent with the Page 1 of 7 C:\DOCUM —1\cmullerUACALS-1\Temp\appliance&electronics agreeazt.doc Minnesota Pollution Control Agency electronics recycling guidelines and with all applicable federal, state and local laws and regulations. Electronics will be limited to two (2)per dwelling unit.A computer,monitor and keyboard will be considered one unit. b) Contractor is solely responsible for the collection of appliances and transportation of these items to J.R.'s Advanced Recyclers, 10619 Courthouse Boulevard, Inver Grove Heights, MN 55077. Appliances must be collected, handled and processed in accordance with major appliance processor requirements set forth by the State of Minnesota Pollution Control Agency. Air conditioners, dehumidifiers, dishwashers, clothes washers and dryers, freezers, furnaces, garbage disposals, heat pumps, humidifiers, microwave ovens, refrigerators, conventional stoves and ranges, trash compactors, water heaters, water coolers. Commercial appliances are not included. Appliances will be collected, handled and processed in accordance with major appliance processor requirements set forth by the State of Minnesota Pollution Control Agency with all applicable federal, state, and local laws and regulations. Appliances will be limited to collection of a maximum of two (2)per dwelling unit. Contractor will provide a final report of the number and weight of appliances and electronics picked up and the weight of materials recycled. 3. Ownership: Ownership of the materials remains with the person placing it out for collection until Contractor's personnel physically touches the appliances and electronics for collection, at which time ownership shall transfer to Contractor. 4. Personnel Requirements: Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. a) Contractor's personnel shall: • Conduct themselves at all times in a courteous manner with the general public. • Make a concerted effort to have at all times a presentable appearance and attitude. • Perform their work in a neat and quiet manner and clean up all materials spilled in collection and hauling operations. • Avoid damage to property. Repair of any damage is the responsibility of the contractor. • Not consume alcohol or illegally use controlled substances or be under the influence of alcohol and/or such substances while performing their duties under this contract. 5. Collection Vehicle Equipment Requirements: a) Each collection vehicle shall be equipped with the following: • a two-way radio • a first aid kit • an approved 2A1OBC Dry Chemical Fire Extinguisher • warning flashers Page 2 of 7 C:\DOCUME--1\cmuller\LOCALS-1\Temp\appliance&electronics at doc • warning alarms to indicate movement in reverse • signs on the rear of the vehicle which state"This Vehicle Makes Frequent Stops" • a broom and a shovel for cleaning up spills • OSHA required rear view mirrors that extend out from the vehicle a sufficient distance to clearly see and to safely operate the vehicle in reverse. All of the required equipment must be in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor's name and telephone number. 5. Preparation of Appliances and Electronics: The City shall notify residents to place their appliances and electronics curbside, separate from other materials placed at the curb. 6. Procedure for Unacceptable appliances and electronics: If the Contractor determines that a resident has set out unacceptable materials,the driver shall use the following procedures: a) Contractor shall leave the unacceptable materials with a notice providing the reason for rejection on forms provided by the Contractor and acceptable to the City. The addresses and description of unacceptable material shall be provided to the City on the next business day. 7. Collection Point: Appliances and electronics shall be collected from the curbside. Appliances and electronics shall be collected, managed, and disposed of in accordance with all applicable federal, state, and local laws and regulations. 8. Collection Hours: Residents will be required to place appliances and electronics at the curb before 7:00am on the day scheduled for collection. Collection can begin any time after 7:00am. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 7:00pm on the day of collection. 9. Clean up Responsibility: Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. 10.Incentives: Failure to complete collection as specified will result in the following monetary penalties: - a) Failure to complete collection by 7:00pm on the day of collection will result in a 50% reduction in the price paid for each unit not collected. The cost per unit will be based on the average household unit cost in the contract. The Municipal Services Coordinator will be responsible for verifying the number of households not collected. There will be no compensation for household units served after 5pm on the Monday following collection. Collection must continue as expeditiously as possible until completed. 11.Weather. Only emergency weather warnings can stop collection. Monetary penalties will be waived for one day in case of stoppage due to emergency weather conditions. Page 3 of 7 C:\DOCUME-1\cmuller\LOCALS—1\Temp\appliance&electronics agreer .doc 12. Disposal of Appliances and Electronics: The Contractor shall dispose of the material as per County, State and Federal law. The City will not directly pay for the transfer of waste to a disposal site. The Contractor must use an approved Solid Waste Management Facility that can indemnify the City from State and Federal liability. 13.Disposal Site: An appliance and electronics depository limited to waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive appliances and electronics for processing or final disposal. 14.Payment by the City. a) Services. The City shall pay Contractor $15.00 per appliance collected, transported, and recycled/processed, and $.25/lb. for electronics collected, transported, and recycled/processed under Paragraph 1 of this Agreement. There will be no additional compensation for services performed under Paragraph 2 of this Agreement. b) Time of Payment. Payment for disposal costs shall be made by the City within 30 days' after receipt of an invoice which provides the following information: • Original of each weight ticket. • Final report including total of appliances and electronics collected and the total tons of scrap metal recycled. The report will also detail per hour truck and labor time. • Payment will not be made for materials or services not stated in the contract. Any changes or deviations to the contract must be verified in writing to be valid. 15.Insurance. Prior to commencing work on this Agreement, the Contractor shall furnish the City a certificate of insurance naming the City as additional insured. The Contractor shall furnish and maintain during the performance of this Agreement such workers' compensation, public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by this Contract from claims for damages by Worker's Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Agreement, whether such operations are by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: a) Commercial General Liability $1,000,000 combined limit(or$1,500,000) b) Commercial Automotive Liability $1,000,000 combined single limit(or$1,500,000) c) Workers Compensation and Employers Liability Workers Compensation Insurance as required by Minnesota Statute, Section 176.181, Subd. 2 Page 4 of 7 C:\DOCUME-1\cmuller\LOCALS-4\Temp\appliance&electronics agree .doc The Contractor must notify the City in writing twenty-five (25) days prior to cancellation or change in terms to the above insurance coverage. All insurance must be provided at the Contractor's expense and no additional cost to the City. 16. Compliance with Laws/Licenses. Contractor shall comply with all applicable federal, state, and local laws and regulations, including driving and traffic laws in performing the services under this Agreement and in disposing of all items collected under this Agreement. In addition, Contractor shall be responsible for securing and maintaining all necessary licenses, permits and approvals required for the performance of this Agreement. 17.Term: The contract time shall commence on the date a signed contract has been received by the Contractor and all insurance and bond requirements have been approved by the City. The contract expiration date shall be that date stated in the contract or upon completion of all of the terms stated in the contract. 18. Payment of All Persons. The Contractor shall pay all persons, furnishing services, labor and/or materials and shall furnish upon request by the City, satisfactory evidence that all of said persons have been fully paid. 19. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent,representative or employee of the City for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this contract. Any and all personnel of the Contractor or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City;and the Contractor shall defend, indemnify and hold the City, its offers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 20. Subcontractor: The Contractor may enter into subcontracts with haulers permitted in the City of Farmington for services provided for under the executed contract for the services specified herein. 21.Indemnification. The Contractor and any subcontractors shall take all precautions necessary to protect the public against injury, and will defend, indemnify, and hold harmless the City and its officials, agents, and employees from and against all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting from the Contractor's (including its officials, agents, employees and sub-contractor's) performance of the duties required under the contract, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or to the injury or the destruction of property, including a loss Page 5 of 7 C:\DOCUME-1\cmuller\LOCALS-1\Temp\appliance&electronics agrees .doc of use resulting therefrom, and is caused in whole or in part by any negligent act or omission or misconduct of the Contractor, including its officials, agents, employees and subcontractors. The Contractor agrees to take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials, and equipment under the Contractor's control. 22. Severability: The provisions of the executed Contract are severable. If any portion hereof and in the executed Contract is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the same contract. 23. Services Not Provided For No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. This includes but is not limited to the cost to transfer materials collected to a disposal sites. 24.Nondiscrimination Clause: Contractor shall comply with all laws and regulations relating to discrimination. 25.Waiver. Any waiver by either party of a breach of any provisions of the executed Contract shall not affect, in any respect,the validity of the remainder of the executed Contract. 26. Performance and Payment Bond: The Contractor shall furnish a performance bond and a separate payment bond. These bonds shall be in force until completion of the contract and acceptance of the work by the City, and for thirty (30) days following completion date. The performance bond shall be furnished by a corporate surety company authorized to do business in the State of Minnesota and acceptable to the City, subject to the approval of the City Attorney as to form. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 27. Conflict of Interest: Contractor agrees that no member, officer, or employee of the City shall have any interest, direct or indirect, in the executed Contract or the proceeds thereof. Violation of this provision shall cause the executed Contract to be null and void and the Contractor will forfeit any payments to be made under the executed Contract. 28.Utilities: The contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, under the executed Contract, he/she shall repair or replace same or, failing to do so promptly,the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 29.Entire Contract: The executed Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of the executed Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 6 of 7 C:\DOCUME-1\cmuller\LOCALS-1\Temp\appliance&electronics agree it.doc IN WITNESS WHEREOF, the parties have subscribed their names as of the day and year first above written. CITY OF FARMINGTON J.R.'S ADVANCED RECYCLERS,INC. by: by: Todd Larson,Mayor and: Its: David McKnight,City Administrator date: date: Page 7 of 7 C:\DOCUME-1\cmullerUACALS-1\Temp\appliance&electronics agree doc d� uEUUUUiII(Illl' rfllllillttui - 10619 Courthouse Blvd.,Inver Grove Heights,MN 55077 MINNESOTA Telephone(651)454-9215 Fax(651)454-8345 (800)358-6563 Website:advancedrecyclers.com a-mail:recycle @jrsappliance.com J.R.'S Advanced Recyclers, Inc. DATE January 13,2012 10619 Courthouse Blvd. Quotation# 21023110 Inver Grove Heights,MN 55077 Customer ID Farmington,MN Phone(651)454-9215 Fax(651)454-8345 Bill To: Quotation valid until: January 13,2013 City of Farmington Prepared by: Mike Larson Attn:Lena Larson Notes: These prices are for Farmington's curbside recycling days collection and Include all transportation fees. Description AMOUNT Appliance Recycling Fee $15.00/each Electronics Recycling Fee $0.25/Ib. TOTAL N/A If you have any questions concerning this quotation please let me know. THANK YOU FOR YOUR BUSINESS! 7e... �J City of Farmington , 430 Third Strect l arnlington,Minnesota . 651.280.6800.Fax 651.280.6899 PRO w ww.ci.farmingt4 nn.nin.u.K TO: Mayor, Councilmembers, City Administrator FROM: Jennifer Dullum,Natural Resource Specialist SUBJECT: Dakota County Sentenced to Service Contract DATE: February 6,2012 INTRODUCTION/DISCUSSION Attached herewith for Council's approval is a Sentenced to Service (STS) contract between the City and Dakota County. The City of Farmington has been utilizing the STS program for the past six years. Dakota County operates a STS program. The program was developed to supervise the completion of court ordered community service. It is most typically an alternative used in place of a jail term. Participants are non-dangerous offenders who have been screened by program staff. As part of this program, Dakota County makes STS crews available to non-profit organizations as well as State and local governments. Upon execution of a contract with Dakota County,crews are made available to do many types of work including, park clean up, construction labor, landscaping, painting and trail construction and maintenance. The size of the crew ranges from five to ten crewmembers. These crewmembers are supervised by a working crew leader who is a contractor,hired by Dakota County. Currently, the City has several projects that would benefit from the additional manpower provided by a STS crew. Both Parks and Recreation and Natural Resources would utilize the crew for a total of two weeks during the year. In previous years work completed by the STS crew for Parks and Recreation has included boardwalk construction, painting outdoor hockey rink surfaces and other general park and recreational facility maintenance tasks. Natural Resources has utilized the crews to remove erosion control silt fence from around stormwater facilities, clean out City stormwater structures to provide unobstructed stormwater flow, while also collecting trash and debris from stormwater ponding areas. BUDGET IMPACT The cost associated with this contract would be covered by monies from Parks and Recreation and Natural Resources;currently incorporated into the City's annual budget. 33 Parks and Recreation proposes to use Professional Services monies from Park Maintenance Fund to cover its $2,127 (one week of work) and Natural Resources proposes to use Professional Services monies from the Stormwater Utility Fund to cover its $2,127 (one week of work) to utilize the STS Program. ACTION REOUESTED Approve the attached STS contract with Dakota County. Respectfully Submitted, Jennifer Dullum Natural Resource Specialist cc: file 34 • CONTRACT BETWEEN THE COUNTY OF DAKOTA 1—991 45 AND THE CITY OF FARMINGTON FOR SENTENCE TO SERVICE PROGRAM WORK CREWS CONTRACT PERIOD: 1/1/2012—12/31/2012 This Contract is made and entered into between the Dakota County, by and through the Community Corrections Department, hereinafter"County"and the City of Farmington, 430 Third Street, Farmington, MN 55024, hereinafter°City" or"Contractor". WHE►s,the City desires the services of the Sentence to Service Program work crews;and WHEREAS, the County operates the Sentence to Service Program by providing work crews of non-dangerous criminal offenders plus a supervisor to perform unskilled labor;and WHEREAS, The City will pay Dakota County a total amount of$4.253.60 at a rate of$425.36 per day, (10) guaranteed work crew days pursuant to the terms of this Contract. Now,THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose. The purpose of this Contract is to define the rights and obligations of the County and City with respect to Sentence to Service("STS")work crews. 1.2 Cooperation. The County and City shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Contract. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently if necessary to discuss issues related to the STS program. 1.3 Term. The term of this Contract shall be from 1/1/2012 to and including 12/31/2012, regardless of the date of signatures hereunder, unless earlier terminated by law or according to the provisions herein. 1.4 Definitions. a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers. The Crew leader shall oversee and be in charge of the work crew. b) Work Crew Days. An STS work crew day shall consist of seven hours, less a thirty minutes lunch break, between the hours.of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY'S RIGHTS AND OBLIGATIONS. 2.1 General Description. City shall receive STS work crews for 10 crew days. The specific days to be worked and the work to be performed shall be determined at least thirty days in advance of the work by the City and County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Contract shall not exceed $4,253.60. The County will invoice the Contractor for actual crew days worked up to 10 days at a cost of$425.36 per day. The City agrees to pay the County$4,253.60 no later than October 1,2012. 2.3 Work Projects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to writing and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader sign off that work has been satisfactorily completed. 2.4 Crew. Workcrew members are not employees of the City or the County as specified in Minn. Stat.§3.739. City of Farmington-14288.doc Page 1 Custom 35 3. COUNTY'S RIGHTS AND OBLIGATIONS. 3.1 General Description. The County will: • Provide STS work crews for the City pursuant to this Contract. • Designate a person as the County's representative with respect to the City's services to be performed under t his_Contract_Such_person_shall_iave-complete-authority_to-transmit-instructions --receive--information, interpret and define the County's policies and decisions with respect to services covered by this Contract. 3.2 Payment. The County will submit invoices to the City for payment by the City. 3.3 Work Projects. The County, through its Contractor, General Security Services Corporation, shall equip work crews with some hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 10 crew days per year without additional cost to City if additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, its officers, employees and/or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each Party warrants that it has an insurance or self-insurance program that has minimum coverage consistent with the liability limits contained in Minn.Stat. Ch.466. 4.2 Any and all work crew members engaged in the aforesaid work to be performed by the County shall not be considered employees of City and any and all claims that may or might arise under the Workers' Compensation Act of this state on behalf of the work crew members while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the work members while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of City but shall be determined as provided in Minn. Stat. § 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism,war, fire,flood,epidemic,acts of civil or military authority,and natural disasters. 6. TERMINATION. 6.1 Good Cause. If either party fails to fulfill its obligations under this Contract, such failure shall be considered good cause to terminate this Contract on seven days' notice by the other party. 6.2 With or Without Cause. This Contract may be terminated with or without cause, by the County or City upon thirty (30)days written notice. 6.3 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. All STS work crews prepaid by the City shall be refunded to the City if the same are not used. City of Farmington-14288.doc Page 2 Custom 36 :, 6.4 " Termination by County - Lack of Funding. Notwithstanding any provision of this Contract to the contrary, the County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if Its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract Written Notice of Termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Contract. The County is not obligated to pay for any services that are provided after written Notice of Termination for lack of funding. The County will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. 7. DAMAGES. _Duty to Mitigate_ Both.parties shall use their best efforts to mitigate any damages which_might be suffered_by _ . _ • reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. To assist the parties in the day-to-day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. In addition, the City shall inform the County of any changes to City's address, phone number(s), e-mail address(es), and any other contact changes. At the time of execution of this Contract the following persons are the designated liaisons: City Liaison: Jennifer Dullum/Jeremy Pier City of Farmington 430 Third Street Farmington, MN 55024 • Phone Number. (651)280-6845/(651)775-9934 County Liaison: Angela Domme Community Corrections Supervisor Phone Number. 651-438-8263 9. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing,signed by Authorized Representatives of the County and City. 10. COMPLIANCE WITH LAWS/STANDARDS. 10.1 Minnesota Law to Govern. This contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota. 10.2 City agrees to abide by all Federal, State or local laws, statutes,ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this contract or other facilities, programs and staff for which Contractor is responsible. 11. SEVERABILITY. 11.1 The provisions of this Contract shall be deemed severable. If any part of this Contract Is rendered void, Invalid,or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. City of Farmington-14288.doc Page 3 Custom 37 12. MERGER. 12.1 This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations,warranties,or stipulations,either oral or written, not herein contained. IN WITNESS WHEREOF,the parties have executed this Contract on the dates indicated below: Approved by Dakota County Board _COUNtLOF_DAKOTA _-- Resolution No. 1D.698 a-576 By Kelly Harder Approv as to form: Title Community Services Director A , 40/ Date of Signature Assistant Cou ty Attorney/Date File No. I0-1I 34q-9 CITY OF FARMINGTON (I represent and warrant that I am authorized by lay to execute this Contract and legally bind the City). By Title Date of Signature By Title Date of Signature City of Farmington-14288.doc Page 4 Custom 38 2c J Klit City of Farmington t 430 Third Street t Farmington,Minnesota \ 651.2R0.fR00•Fax 651.280.6899 • www.d.tan71inlgtln'f.nm.LLV TO: Mayor,Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Temporary On-Sale Liquor License—Knights of Columbus DATE: February 6,2012 INTRODUCTION The Knights of Columbus are requesting a Temporary On-Sale Liquor License for a fundraiser. DISCUSSION The Knights of Columbus are requesting a Temporary On-Sale Liquor License for a fundraiser to be held on February 25,2012,at St. Michaels Catholic Church, 22120 Denmark Avenue. Per State Statute,a Temporary On-Sale Liquor License must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore,the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REOUESTED Approve the attached application for a Temporary On-Sale Liquor License for the Knights of Columbus for a fundraiser on February 25,2012,. Respectfully submitted, Cynthia Muller Executive Assistant 39 yeAsirN Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION �f• . �'- . 444 Cedar Street Suite 222,St.Paul MN 55101-5133 (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 {a W W WDPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ii,eq I I-• b • ,b `v /- yD 6 o qs--0s-V STREET *DRESS CITY STATE ZIP CODE GA. '1 r, -- * .. . C u - W1 011. �J C:7 NAME OF PERSON MAKING APPLICAT1011 BUSINESS's HONE HOME PHONE ( ) Ora) V3—O f 9 i - r DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION i , ORGANIZATION OFF'ICER'S NAME r y .1; y�.:._:_r :_;. ' .,lam • r.rq, ■•�C t• ADDRESS , le 41.- a 8/ G f reS 5 c�rvh/-526/1 ORG• i TION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe _ . v•t✓. ' - / vla I e.1 Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Al 0 • Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL 0. GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address abovee. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12!09) 40 • 20-f 41104,, City of Farmington 430 Third Street Farmington,Minnesota V41110," 651.280.6800 Fax 651.280.6899 •4 ROO. wwscilarmington.mn.us TO: Mayor and Councilmembers FROM: David J.McKnight,City Administrator SUBJECT: Firefighting Services Agreement-Eureka Township DATE: February 6,2012 INTRODUCTION The Fire Chief and I have met with the Eureka Township Board to discuss some concerns they have with the cost of firefighting services. After discussing this issue with the Fire Chief,we both agreed that it was a good idea to offer the same type of firefighting services agreement that the City put in place with Castle Rock Township in 2011. DISCUSSION The approach taken with Castle Rock Township in 2011 was to move away from a complicated formula that was used to determine the annual amount each of the three townships and the City were to be billed each year for firefighting services. The new approach looked back at the past eight years of bills and used an average of those years to set a base amount for Castle Rock for 2011. This amount was then increased 3%per year for 2012 and 2013. The proposed contract with Eureka Township used the same approach to set a base number for 2012 and is increased 3%per year for both 2013 and 2014. • Using this approach helps the budgeting process for both the City and the township. We now both know what to budget for revenue and expenditures respectively. This is a three year contract but there is an out clause for either party by giving a 180 day notice. Eureka Township officials seem to be happy with this proposed contract. They were in discussions with the City of Lakeville about possible options they had for the current portion of Eureka Township that is covered by the Farmington Fire Department. The City Attorney has reviewed this contract and has not expressed any concerns. BUDGET IMPACT The 2012 budget was adjusted to reflect the revenue from this proposed contract. The revenue included in the contract by year is$28,952; $29,821;and$30,716. 41 ACTION REQUESTED If the City Council is in support of this contract,a motion should be made to approve the Fire Firefighting Services Agreement between the City of Farmington and Eureka Township for the years 2012-2014. Respectfully submitted, David J.McKnight City Administrator 42 Fire Fighting Service Agreement THIS AGREEMENT,made and entered into this day of ,2012 by and between the CITY OF FARMINGTON,a Municipal corporation located in Dakota County, Minnesota(hereinafter referred to as"City")and the TOWN OF EUREKA,a political subdivision located in Dakota County,Minnesota(hereinafter referred to as"Town") WHEREAS,the Town deems it advisable to have available for the benefit of the residents of the Town, services of the Farmington Fire Department; and, WHEREAS,the electors of the Town have,pursuant to law,made the necessary arrangements to provide a fund out of which to pay the expenses of fire protection for the Town;and, WHEREAS, each of the parties has,by appropriate action,authorized its officers to enter into this Agreement for the furnishing of such fire fighting service. NOW,THEREFORE,it is mutually agreed by and between the parties hereto,as follows: 1. TERM. This Agreement shall define the terms and conditions of the relationship of the Town and the City from and after the first day of January,2012 through December 31, 2014,or until terminated as provided for herein. 2. CITY RESPONSIBILITIES A. The City agrees that it will,through its Fire Department,make all reasonable efforts to respond to all fire calls and fight fires,with the minimum appropriate personnel and apparatus as determined by the decision of the City's fire chief or other ranking officer or official in charge of the fire department at the time,at any place within the following areas lying within the Town: south half of sections 1,2 and 3 and sections 10, 11, 12, 13, 14, 15,22,23,24,25,26,27,34, 35 and 36 Township of Eureka;provided however,that roads and weather conditions must be such that,in the judgment of the Fire Chief or other Fire Department officer in charge,whose judgment shall be fmal,the fire run can be made with reasonable safety to men and equipment. B. While every reasonable effort will be made to respond to fire calls and fight fires as provided above,the City,through its Fire Department, shall be under no obligation to respond to fire calls received while then engaged in responding to a fire call or fighting one or more fires. The Town shall indemnify and hold harmless,and defend the City,its officials and employees against any and all liability,loss,costs,damages,expenses,claims or actions arising out of or by reason of the failure of the City's Fire Department to attend a fire,or to put out a fire or for damage to property caused by a fire except for claims arising as a result • of gross negligence by the City's Fire Department in the execution,performance, or failure to adequately perform the City's obligations pursuant to this Agreement. 43 C. The City will provide weeldy updates of fire activities. 3. TOWN RESPONSIBILITIES A. Services. The Town agrees to engage the services of the City for fire suppression within the Town during the term of this Agreement. B. Billing and Payment. The Town agrees to pay the City for its services during the term of this Agreement in accordance with Exhibit"A." A statement for services shall be provided to the Town on a quarterly basis and forwarded to the Town for payment. The Town shall pay for fire services within thirty(30)days after billing by the City. 4. TERMINATION. This Agreement may be terminated by either the City or the Town by giving the other party at least one hundred eighty(180)days prior written notice of such cancellation. 5. AMENDMENT. This Agreement may be amended at any time by the mutual agreement of the parties. Any such amendment shall be in writing and will be attached to this Agreement. 6. PRIORITY OF RESPONSE. The Town acknowledges that the City may enter into contracts with other governmental units or private parties to provide fire protection services. IN WITNESS WHEREOF,each of the parties hereto have caused this instrument to be executed on its behalf by its respective officers. CITY OF FARMINGTON EUREKA TOWNSHIP BY: BY: BY: BY: 44 • Exhibit A Fire Fighter Service Agreement Eureka Township Years Payment to City of Farmion • 2012 $28,952 2013 $29,821 2014 $30,716 45 Farmington Fire Department 2010 Annual Report Faniniht©n Ffire Depart-irritant Sercvice Area 1 L1 ti / Z 11:110J11;On ; 7 ,58 70th SI E 58 /37 i (.3 to 1 1 i EMPIRE 15 II l' 13 • _ 17 13 ■ a 76 , Is•V cr 1 \ ■ 190th St Vi f ...., 23 WO E 195111 SI l, 9\, '.1 2 64 . 21 ..., :1 73 79 .3 1?2 w /Mr ‘ \\ 011"7"W I g 1 ' a :7 9 FARMINGTON , z> 2; a _7 ,,.., I 2 210th SI V/ 213th 511: 212(1.55W ..-. ' 50 11 . 36 11 , 17 31 As St -3 ' , 3 , 1.3 2251h St W 12 1 • 2.,511.St V., 'GOliffY/"7.1. 31 . ci,C.0..0,4 ., (t .' WOE <1 230111;31 f°' , - South iltinon " 1 !intuition Rhn• CASTLE ROCK EUREKA i'''''' , 111. ---- -. .'-\ • 245th 51W -A. 13 e 2456,st vsi 15 17 13 if - —— - 1 t .:i 247(h St V/ 13 15 tli 1 • t,80_,)21041.51W 1 I 04' 22 . 23 21 . \i9 2) •acr-------AtinliCv-"' — — I • 21 <-1 \.1 ... 2692101W 17 N o 1 Di Be 1 i 21 0 -; - 270111 St Wililir g 1 ,''.... ....... -..-- ,..-.... --, _ _:.... . eateans........ 33 4r City of Farmington 430 Third Street Farmington,Minnesota SP•A 651,280.6800•Fax 651 280,6899 W WW.4i.tarminlgTtim.nm.LLN TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: Acknowledge Retirement Fire Department DATE: February 6, 2012 DISCUSSION: Mr.Dan Meyer has elected to retire from the Fire Department effective January 13,2012. Dan has spent over 21 years serving the City of Farmington.Dan served as a Captain at Station 2. ACTION REQUESTED: Acknowledge Dan's retirement from the Fire Department effective January 13, 2012. Respectfully submitted, Tim Pietsch Farmington Fire Chief 47 2 , I ("4,46,1 j City of Farmington mington Street Farmington,Minnesota � 651.280.6800•Fax 65I X0.6899 w+aWC1.tamt flgt4m.mn.uv TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: Acknowledge Retirement Fire Department DATE: February 6, 2012 DISCUSSION: Mr.Kevin Kuehn has elected to retire from the Fire Department effective February 24, 2012. Kevin has spent over 20 years serving the City of Farmington. Kevin was also a member of the Rescue Squad. Kevin served out of Station 1. ACTION REQUESTED: Acknowledge Kevin's retirement from the Fire Department effective February 24,2012. Respectfully submitted, Tim Pietsch Farmington Fire Chief 48 2, j�A City of Farmington 430 Third Street Farmington,Minnesota `EA 651.280.6800•Fax 65 L280.6899 wwtiv.ci.farrningrt4ni.mituv TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: First Renewal of Lease Agreement with Allina Medical Transportation DATE: February 6,2012 INTRODUCTION AND DISCUSSION The City and Allina Medical Transportation entered into a lease agreement in 2009 in order to provide quarters for ambulances and crews. The lease is now up for renewal and both parties want to renew it. Attached to this memorandum are the original lease agreement and the lease renewal document. Allina Medical Transportation will lease the same space they currently occupy at Farmington Fire Station #2 located at 19695 Municipal Drive. These are the same quarters that previously housed the ALF Ambulance crews. BUDGET IMPACT The Lease is for$9,185.00 commencing February 1,2012. ACTION REOUESTED Approve the attached First Renewal of Lease Agreement for Ambulance Station with Allina Medical Transportation. Respectfully Submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 49 FIRST RENEWAL OF LEASE AGREEMENT FOR AMBULANCE STATION THIS FIRST RENEWAL OF LEASE AGREEMENT(this "Lease") is made as of this day of .9 20 ,by and between the CITY OF FARMINGTON, a municipal corporation under the laws of the State of Minnesota ("Landlord"), and ALLINA HEALTH SYSTEM,a Minnesota non-profit corporation, d/b/a ALLINA MEDICAL TRANSPORTION("Tenant). WHERAS,the Landlord and Tenant have previously entered into a Lease dated ,2009, and; WHEREAS, that Lease provides in paragraph 4.1 for renewal by Tenant for up to two (2) successive,three-year terms on the same terms and conditions as set forth in the Lease, and; WHEREAS,Tenant desires to renew the Lease and neither party at this time desires to terminate the lease as also provided for in the Lease, and; WHEREAS,the Lease provides in paragraph 6.3 for an Adjustment to Base Rent for each year of the Lease after the Initial Term,and; WHEREAS,the Landlord is willing to waive the adjustment to Base Rent for this first renewal period: THE PARTIES HEREBY AGREE that the Lease dated ,2009 is hereby renewed for a three year period on the same terms and conditions and at the same Base Rent and Additional Rent charges as specified in that Lease. IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the date first above written. Landlord: Tenant: City of Farmington, Allina Health System d/b/a Allina a Minnesota municipal corporation Medical Transportation By: By: Mayor Todd Larson By: Its: City Administrator David McKnight 50 .4 LEASE AGREEMENT FOR AMBULANCE STATION THIS LEASE AGREEMENT (this "Lease") is made as of this 5th day of January, 2009, by and between the CITY OF FARMINGTON,a municipal corporation under the laws of the State of Minnesota ("Landlord"), and ALLINA HEALTH SYSTEM, a Minnesota non- profit corporation, d/b/a ALLINA MEDICAL TRANSPORTION("Tenant"). 1.0 BASIC TERMS ' The following terms shall have the meanings set forth in this Section unless specifically modified by other provisions of this Lease: 1.1 Project: The land, building (as described in Section 1.2 below), and all associated parking areas, drive areas, exits, entrances, improvements and appurtenances,as shown on the diagram attached Exhibit A. 1.2 Building: The building in the Project in which the Premises are located, and whose address is19695 Municipal Road,Farmington,Minnesota 55024 1.3 Premises: Landlord hereby demises and leases to Tenant, and Tenant hereby . accepts and leases from Landlord 600 useable square feet of garage space and 535 useable square feet of office space in the Building as depicted on the diagram attached as Exhibit B and all rights appurtenant thereto and owned by Landlord. 1.4 Lease Term: Except as otherwise provided herein, the lease term shall commence upon commencement of the Professional Services Agreement for emergency medical services ("EMS Contract") between ALF Ambulance and Tenant ("Commencement Date") and shall terminate three years from the Commencement Date ("Initial Term") with an option by Tenant to renew for two (2) successive three (3) year terms ("Renewal Term"). If the EMS Contract is terminated prior to the end of the Lease Term or any Renewal Term, the Lease shall terminate consistent with the termination date of the EMS Contract and no further options may be exercised without a separate written agreement by the parties. 1.5 Commencement Date: Shall be as set forth in Section 4 below (estimated to be approximately February 1,2009), 1.6 Termination Date: Shall be as set forth in Section 4 below. 1.7 Permitted Use: Emergency Medical Service\Ambulance station. 1.8 Exhibits: A - Diagram of the Project 142197v13 1 AMP/RNK:r12/22/08 51 B - Diagram of the Premises C - Description of Landlord's Improvements D—Facility Square Footage 2.0 DEMISE OF PREMISES 2.1 Landlord hereby lets and demises to Tenant and Tenant hereby rents from Landlord the Premises, subject to the terms and conditions set forth below. The Premises are more particularly described in Exhibits B and D attached hereto. 2.2 Landlord, in its'sole discretion,retains the right to designate alternate premises in a separate building controlled by Landlord, provided the alternate premises are reasonably comparable to the original Premises. Unless otherwise agreed to by the Parties, all out-of pocket moving expenses related to the relocation of Tenant will be at the Landlord's sole cost and expense,not including administrative costs. If so designated by the City, this Lease shall be amended to reflect the change to the defined Premises by written addendum executed by the City. 2.3 Landlord, for itself, its employees, officials, contractors and agents, retains the right to enter the Leased Premises at all times, to access other areas of the Building that are inaccessible except through the Leased Premises. •3.0 INITIAL IMPROVEMENTS. There are no Landlord improvements. 4.0 TERM 4.1 The initial term of this Lease (the "Initial Term") shall be for a period of three (3) years, commencing on the Commencement Date (as hereinafter defined) and ending at 11:59 p.m. of the day immediately preceding the three year anniversary of the Commencement Date thereafter provided, however, that if the Lease Commencement Date is other than the first day of a calendar month,the term shall end at 11:59 p.m. on the last day of the calendar month containing the three year anniversary of the Commencement Date, unless sooner terminated as hereinafter provided. Further, this Lease may be renewed by Tenant for up to two (2) successive, three-year terms (collectively, "Renewal Terms" or individually, "Renewal Term") on the same terms and conditions as set forth in this Lease unless either party gives the other party notice not less than ninety (90) days before the end of the then current term of its desire to let the Lease expire, in which case the Lease shall expire at the end of the then current term. The Initial Term and the Renewal Terms, if any, are collectively referred to herein as the "Lease Term. Except as otherwise provided herein, the date on which the Lease Term ends shall be referred to as the "Termination Date." 142197v13 AMPIRNK:r12/22/08 52 4.2 The"Commencement Date" shall be the commencement date provided under the Professional Services Agreement for emergency medical services between ALF Ambulance and Tenant(EMS Contract). 4.3 If the EMS Contract is terminated prior to the end of the Lease Term or any Renewal Term, the Lease shall terminate consistent with the termination date of the EMS. Contract and no further options may be exercised without a separate written agreement by the parties. 5.0 USE AND OPERATION COVENANTS 5.1 Durin g the entire Lease Term,the Premises shall be leased,used and occupied by Tenant for an emergency medical service facility, including ambulance station, in accordance with all applicable governmental laws and regulations, and all other recorded covenants, conditions and restrictions which are recorded on the date hereof, and for no other purpose without the prior written consent of Landlord. Tenant shall not cause injury to the improvements on the Premises and shall not use the Premises in a manner that would constitute a public or private nuisance or constitute waste. 5.2 Tenant covenants and agrees with Landlord that it will base an ambulance at the Premises during the Lease Term. The parties acknowledge that the ambulance stationed at the Premises will leave the Premises from time to time to perform services, and that the ambulance will be relocated by Tenant to other locations on a temporary basis from time to time to maintain ambulance coverage to Tenant's service area,as Tenant determines in its sole discretion. 5.3 During the entire Lease Term Tenant shall maintain and keep in good repair the Premises which Tenant occupies, as provided for in Section 10.2, including cleaning of the Premises. 6.0 RENT As for rental of the Premises during the Lease Term, Tenant shall pay the following amounts (all of which collectively,together with other amounts due under this Lease shall be referred to herein as the "Rent"), and the obligation to pay such amounts shall survive the expiration or termination of this Lease. 6.1 Base Rent. Tenant shall occupy the Premises at a cost of$5.50 per square foot for garage space, and $11.00 per square foot for office space as delineated on Exhibit D, "Facility Square Footage". Payments will be made monthly during the Lease Term with monthly payments due and payable beginning on the Commencement Date and on the same date of each month thereafter. 6.2 Additional Rent. Tenant shall pay as additional rent all monthly charges for telephone service provided to the Premises during the Lease Term, Tenant agrees 142197v13 3 AMP/RNK:r12/22/08 53 5-5 to have such services charged directly to Tenant, if possible, and to pay each invoice for services when due. In the event that Tenant does not pay any additional rent when due,Landlord shall have the option,but not the obligation,to pay for any such item,whereupon Tenant shall owe Landlord such amount paid by Landlord plus five percent (5%) of such amount as a late payment fee, which amount shall be paid by Tenant as additional rent immediately upon receipt of an invoice therefor from Landlord. Notwithstanding the foregoing, Landlord shall provide five (5) days prior written notice to Tenant once in any given calendar • year before the late fee herein is charged to Tenant. No such notice shall be required for subsequent late payments in the same calendar year. 6.3 Adjustments to Base Rent. For each year of the Lease after the Initial Term, the new annual base rent shall be the previous annual base rent of the previous year plus an amount equal to the increase in the Consumer Price Index ("CPI") as provided below. The Base Rent shall never be decreased. The CPI shall mean the"Consumer Price Index for All Urban Consumers(All Cities)of the United States Department of Labor,Bureau of Labor Statistics"in effect and generally published for the calendar month in which falls the beginning of the Renewal Term. If such index shall be discontinued,then Landlord may,at its election,either(i)substitute any substantially equivalent official index published by the Bureau of Labor Statistics or its successor;or(ii)substitute another price index generally recognized as authoritative. To determine the annual rental increase to be paid by Tenant,the annual rental for the previous year shall be multiplied by the percentage increase in the"unadjusted"CPI(not seasonally adjusted)for the twelve(12)month period ending in June of the previous year. The resulting number shall be added to the previous years Rent. Landlord shall be responsible for communicating all Rent increases to Tenant. 7.0 OPERATING COSTS Except for the obligations of Tenant as expressly set forth in this Lease,Landlord shall be solely responsible for and shall pay all sums expended or obligations incurred by Landlord with respect to the Project (including the Premises), whether or not now foreseen, including, but not limited to maintenance costs of contractors providing maintenance to the Project; insurance covering liability, hazards, casualties and potential losses of any kind; repairs, maintenance, including but not limited to, landscaping, snow removal, parking lot sweeping, window washing, parking lot lighting and trash removal, replacements respecting the Project, including costs of materials, supplies, tools and equipment used in connection therewith; and including the repaving of parking areas, replanting of landscaped areas and replacing building components; costs incurred in connection with the operation, maintenance, repair, replacing, inspection and servicing (including maintenance contracts) of electrical, plumbing, heating, air conditioning and mechanical equipment and the cost of materials, supplies, tools and equipment used in connection therewith, including leasing as appropriate;cost of services including heat,air conditioning, electricity, gas, water and sewer and other utilities; depreciation of the 142197v13 4 AMP/RNK:r12/22/08 6-6 Building and major components; debt service on indebtedness of Landlord; replacements of the original components of the Building;and all other expenses and costs of every kind and nature incurred for the purpose of operating and maintaining the Project, whether or not similar to the foregoing. 8.0 TAXES,ASSESSMENTS,AND UTILITY CHARGES 8.1 Tenant shall pay all personal and real estate taxes on the Premises if this Lease causes the property to be taxed 8.2 Throughout the Lease Term, Landlord shall provide for the provision of adequate utilities including gas, electric, telephone, cable television, and DSL internet, to the Premises so as to protect the same from damage. Landlord shall maintain and pay monthly for the following utilities: gas, electric, water and garbage. Tenant shall maintain and pay monthly for the following utilities:telephone(including all long distance phone calls), cable television,and DSL Internet,at the time the same become due or payable. Tenant shall install, maintain and pay for any coaxial cable used for radios for its own use. Landlord shall not be liable to Tenant should the furnishing of water and sewer service be interrupted because of repairs, installation of improvements or for any other cause not caused by Landlord. 9.0 COMMON AREAS Tenant, its employees,agents and invitees shall have the reasonable,nonexclusive right to use, in common with Landlord and the other tenants and occupants of the Project and their respective employees, customers and invitees and all others to whom Landlord has or may hereafter grant rights to use the same, the common areas of the Project as may from time to time exist, including, but not limited to parking facilities, sidewalks, driveways, accessways, and common hallways ("Common Areas"). Landlord shall at all times have full control, management and direction of the Common Areas. Tenant shall not cause or allow any storage of materials or equipment outside of the Premises on any of the Common Areas. Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number, location, layout and nature of the Common Areas, to construct additional buildings and stories, to create additional rentable areas through use and/or enclosure of Common Areas, to close portions of the Common Areas for maintenance, repair or replacement, to place signs in Common Areas and on the Building or in the Project, to change the name or address of the Project and to change the nature of the use of any portion of the Project. Notwithstanding any provision to the contrary in this Section 9.0,Landlord acknowledges that Tenant's use of the Premises easant shall be allowed topterminate this concurrent ease upon notice Areas. As such,Tenant if any rights exercised by Landlord in respect to the Common Areas have the effect of substantially limiting Tenant's use or enjoyment of the Premises. 142197v13 5 AMPrnxx:x12/22/08 55 5-7 10.0 REPAIRS AND MAINTENANCE 10.1 Except as provided in Section 10.2 below, Landlord shall, at its sole cost and expense, maintain the Project and every part thereof, including the Premises, in good condition and repair. Landlord's obligations shall include, but not be limited to: maintaining landscaping; providing snow removal (except in regard to sidewalks Tenant is obligated to clear pursuant to this Lease), parking lot sweeping, window washing, parking lot lighting and trash removal; providing replacements respecting the Project, including costs of materials, supplies, tools and equipment used in connection therewith (including the repaving of parking areas, replanting of landscaped areas and replacing building components); and operate, maintain, repair, replace, inspect and service electrical, plumbing, heating,air conditioning and mechanical equipment. 10.2 Tenant shall, at its sole cost and expense: (a) maintain and repair any alterations made to the Premises by Tenant after the Commencement Date; (b) repair any damage to the Project caused by the installation or moving of Tenant's furniture, equipment and personal property; and (c) repair or replace with glass of equal quality any broken or cracked plate or other glass on the Project to the extent such glass was broken or cracked by Tenant, its employees, or agents, invitees or customers. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term.If Tenant fails to maintain or repair the Premises as provided for in the Section 10.2, upon 15 days written notice from Landlord, Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the respective premises occupied by them,in which event the costs thereof shall be billed directly to and paid by Tenant as Additional Rent. If as provided above,Landlord performs any maintenance,repairs or servicing which is the obligation of the Tenant hereunder, then Tenant shall pay Landlord directly therefor. In the event there is any warranty in effect in connection with repairs or replacements made by Tenant and if Landlord is unwilling to pursue the warranty claim,then Tenant shall have the right to pursue the warranty claim in connection with the repair and/or replacement made by Tenant. Tenant shall be responsible for all snow and ice removal on all sidewalks adjacent to the Premises. Upon expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord broom clean and in good condition and repair excepting only (a) normal wear and tear; (b)losses caused by fire or other casualty; (c)losses caused by condemnation; and (d) losses due to Landlord's failure to maintain the Project (including the Premises) or to make repairs which Landlord is required by this Lease to make. Tenant's obligation to so deliver the Premises shall survive the expiration or termination of this Lease. 142197v13 6 AMP/RNK:r12/22/08 5-8 56 11.0 ALTERATIONS BY TENANT 11.1 Tenant may not make any alterations, additions or improvements (collectively, "Alterations" and individually, an "Alteration") in or to the Premises that exceed $500.00 without Landlord's prior written consent in each instance which consent will not be unreasonably withheld or unduly delayed for non-structural Alterations which are not visible from the exterior of the Premises or do not affect the exterior appearance of the Premises. Landlord will not be deemed to be unreasonably withholding its consent if it requires Tenant to remove the alteration when approval is requested and Tenant refuses to remove the alteration. In the event Landlord approves an Alteration, (i)the Alteration shall be constructed in a good and workmanlike manner, (ii) the structural integrity of the Facility and the exterior appearance shall not be impaired by the Alteration or the construction thereof, (iii) no liens shall attach to the Premises by reason thereof, and (iv) Tenant shall carry or cause its contractors to carry any required worker's compensation insurance. All Alterations made by Tenant shall be at its sole cost and expense. Landlord's consent to an Alteration may be conditioned upon the receipt by Landlord of such information as Landlord may reasonably require, and upon the furnishing of certificates of insurance,waivers of lien,and receipted bills covering any and all labor and materials utilized in connection therewith,and such other conditions as Landlord may reasonably require. 11.2 Upon the written request by Tenant for Landlord approval of Alterations, Landlord shall notify Tenant in writing which Alterations must be removed from the Premises upon termination of the Lease; all other Alterations shall remain on the Premises and shall become the property of Landlord. Tenant shall remove the Alterations designated by Landlord for removal,all at Tenant's sole expense,on or before the Termination Date and Tenant shall repair any damage to the Premises caused by such removal. Tenant's obligations under this Section 11.0 shall survive the expiration or termination of this Lease. If Tenant fails to remove the Alterations as required hereunder,Landlord may remove the Alterations and may, at Landlord's option, store or destroy them and all costs incurred by Landlord shall be promptly reimbursed by Tenant. 12.0 FIXTURES AND SIGNS Tenant may have signage as permitted by and subject to Landlord's consent. Such consent shall be given or withheld at Landlord's sole discretion. 13.0 INSURANCE 13.1 During the Lease Term,Tenant shall provide and maintain in full force and effect at no cost to Landlord the following insurance coverages with the minimum limits as indicated: 142197v13 7 AMP/RNK:r12/22/08 57 5-9 (1) Commercial general liability insurance, occurrence form(or its equivalent satisfactory to Landlord)with liability limits of not less than$1 million per . occurrence, $3 million aggregate (to include products/completed operations and personal/advertising injury); $100,000 fire damage. Landlord shall be included as an ADDITIONAL. INSURED under such insurance on a primary and non-contributory basis. Tenant may provide such insurance through a program of self-insurance. 13.2 Tenant may, at its option, purchase business income, business interruption, extra expense or similar coverage as part of this commercial property insurance, and in no event shall Landlord be liable for any business interruption or other consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord,its employees, officers, directors, or agents. 13.3 Tenant may,at its option,purchase insurance to cover its personal property. In no event shall Landlord be liable for any damage to or loss of personal property sustained by Tenant,whether or not it is insured,even if such loss is caused by the negligence of Landlord,its employees,officers,directors,or agents. 13.4 Tenant shall furnish Landlord with duly executed Certificates of Insurance and endorsements certifying that the required insurance has been provided and that the insurance companies will give Landlord thirty (30) days prior written notice of any cancellation of insurance coverage. 13.5 During the Lease Term, Landlord shall provide and maintain in full force and effect the following insurance coverages with minimum limits as indicated, (which may also be revised to reasonable amounts consistent with similar industry practice at the Landlord's discretion from time to time): (i) All Risk form commercial property insurance on the building and all improvements therein for their full replacement value. (ii) Commercial general liability insurance (or its equivalent), occurrence form, and, if necessary, commercial umbrella or excess insurance with a total limit of not less than$1,000,000 each occurrence as described below. Tenant shall be included as an ADDITIONAL INSURED under such insurance, using an additional insured endorsement or a substitute providing equivalent insurance coverage. 13.6 Landlord shall furnish Tenant with duly executed Certificates of Insurance certifying that all required insurance has been provided and that the insurance companies will give Tenant thirty (30) days prior written notice of any cancellation of insurance coverage. 142197v13 8 AMP/RNK:r 12/22/08 5-10 58 13.7 Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective officials, directors,officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise)for any loss or damage covered by p roP �Y insurance nsurance or coverable by a customary form of the"All Risk"property insurance required of Landlord and Tenant as set forth above, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 14.0 COMPLIANCE WITH LAWS Subject to the obligations imposed on Landlord in Section 10.0 above,Tenant shall,at its sole cost and expense,comply with any and all laws,statutes,ordinances,regulations,fire codes,building codes and restrictions and easements of record,now or hereafter in force, applicable to the performance of Tenant's operations on the Premises or relating to the use of Tenant Alterations or to the making of repairs, changes or alterations to Tenant Alterations. Tenant also covenants to comply, at its sole cost and expense, with any and all reasonable rules and regulations applicable to the conduct of Tenant's operations on the Premises issued by insurance companies (including Landlord's fire underwriters, if any)writing policies covering the Premises to the extent that noncompliance will result in premium increases (or, in the alternative Tenant may, at its option, pay such premium increase as additional rent hereunder). Landlord shall, at its sole cost and expense, comply with any and all laws, statutes, ordinances, and regulations, fire codes, building codes and restrictions and easements of record, now or hereafter in force, applicable to the Project (other than Tenant Alterations) or to the making of repairs, changes, or alterations to the Project(other than Tenant Alterations). 15.0 PARKING Tenant and Tenant's employees,customers and invitees shall have the nonexclusive right to use the parking spaces located within the Common Areas. Landlord reserves the right to regulate parking within the Common Areas, including the right to preclude Tenant from parking in certain parking spaces or requiring Tenant to use certain parking spaces. Tenant shall not permit vehicles and/or trailers to be abandoned or stored in the Project's parking and loading areas. 16.0 JANITORIAL SERVICES Tenant shall clean the Premises and arrange for trash removal from the Premises to the Project trash dumpster on a daily basis or otherwise in a manner sufficient to keep and maintain the Premises in a first-class and clean condition. 17.0 ENVIRONMENTAL MATTERS 17.1 "Environmental Laws" means any or all of the following: the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601 et 142197v13 9 AMP/RNK:r12/22/08 59 5-11 seq.;the Resource Conservation and Recovery Act,42 U.S.C. §§ 6941 et seq.;the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Safe Drinking Water Act,42 U.S.C. §§ 300h et seq.;the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 401 et seq.; regulations under any of the foregoing statutes; and any other laws and regulations of the United States, the State of Minnesota or any political subdivision or agency of either of them, which are now in effect or hereinafter enacted or amended that deal with the regulation or protection of the environment, including ambient air, groundwater, surface water and land use,including sub-strata land. 17.2 Tenant shall comply in all respects with all present and hereinafter enacted Environmental Laws, and any amendments thereto,relating to Tenant's operations on the Premises. Tenant shall immediately notify Landlord of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Premises or Tenant's operations on the Premises or any change in Tenant's operations on the Premises that will change or has a potential to change Tenant's or Landlord's obligations or liabilities under the Environmental Laws. Tenant hereby agrees to indemnify and hold harmless Landlord, and Landlord's officers, officials, agents, and employees from and against any and all loss, damage, and expense (including, but not limited to, reasonable investigation and legal fees and expenses), including, but not limited to, any claim or action for injury, liability, or damage to persons or property, and any and all claims or actions brought by any person, firm, governmental body, or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects on the environment, or violation of any Environmental Law or other statute, ordinance, rule, regulation or order of any government or judicial entity, and from and against any damages, liability, cost, and penalties assessed as a result of any activity or operation on the Premises during the Lease Term. Tenant's obligations and liabilities under this Section shall survive the expiration or termination of this Lease. The terms of this Section shall be enforceable by injunction or,at Landlord's option,by action for damages. 17.3 Landlord warrants and represents,to best of its knowledge that the Project does not contain and are not contaminated by any hazardous materials as(defined herein)and to the best of Landlord's knowledge,there have not been any releases of hazardous materials whatsoever on or in the Project. "Hazardous Materials" shall mean: asbestos,polychlorinated biphenyls;and hazardous or toxic materials, waste or substances which are defined, determined or identified as such pursuant to all present and future federal,state or local laws,rules or regulations. Landlord shall indemnify and hold Tenant harmless from all costs and expenses(including reasonable attorneys' fees)related to all hazardous materials on or in the Project, except for those costs incurred because of hazardous materials brought onto the Project by Tenant and not incurred due to Landlord's negligence or malfeasance. • 142197v13 1 0 AMP/RNK:r12/22/08 5-12 60 18.0 INDEMNIFICATION 18.1 Tenant hereby agrees to indemnify and hold harmless Landlord and Landlord's officers, directors, agents, and employees from and against any and all claims, demands, causes of action, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, caused by, incurred, or resulting from (1) Tenant's occupancy, use or operation of the Premises, or (ii) from any default under or failure to perform any term or provision of this Lease by Tenant or (iii) the negligent or willful acts of Tenant, its directors, officers, or employees. This indemnity does not cover matters arising out of the negligent or willful acts of Landlord or its employees, agents, contractors, guests, officers, invitees or officials. It is expressly understood that Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease for any its reason. In case any action or proceeding is brought sagainst dlnorrddt'upon officers, officials, agents or employees,by reason of any notice, will defend such action or proceeding by responsible counsel selected by Tenant and reasonably acceptable to Landlord. 18.2 Landlord hereby agrees to indemnify and hold harmless Tenant and Tenant's officers, directors, agents, and employees from and against any and all claims, demands, causes of action, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, caused by, incurred, or resulting from (1) Landlord's occupancy, use or operation of the Premises, or(ii) from any default under or failure to perform any term or provision of this Lease by Landlord or(iii)the negligent or willful acts of Landlord, its directors, officers, or employees. This indemnity does not cover matters arising out of the negligent or willful acts of Tenant or its employees, agents, contractors, guests, officers, invitees or officials. It is expressly understood that Landlord's obligations under this Section shall survive the expiration or earlier termination of this Lease for any reason. In case any action or proceeding is brought against Tenant, or its officers, officials, agents or employees, by reason of any such claim, Landlord, upon notice, will defend such action or proceeding by responsible counsel selected by Landlord and reasonably acceptable to Tenant. 19.0 DAMAGE OR DESTRUCTION 19.1 If the Premises is destroyed or damaged in whole or in part by fire, or the elements, or as a result directly or indirectly of war, or by act of God,or by reason of any other cause whatsoever, Tenant shall give notice thereof to Landlord, and except as otherwise provided below, Landlord at Landlord's cost and expense promptly may repair, replace, and rebuild the Building and other Project improvements to at least as good condition as it or they were in immediately prior to such occurrence. 19.2 If following such damage or destruction the estimate of the time to complete such repair or restoration, as reasonably and promptly determined by the general 142197v13 11 AMP/RNK:r12/22/08 61 5-13 contractor selected by Landlord, exceeds one hundred twenty (120) days, Landlord and Tenant at their respective options shall have the right to terminate the Lease upon written notice to the other party given within twenty (20) days after receipt of the estimated time to repair or restore. 19.3 The net proceeds of any insurance shall be applied in payment of the cost of such repairing or rebuilding as the same progresses. If the insurance proceeds exceed the cost of such repairs or rebuilding,then the balance remaining after payment of the cost of such repairs or rebuilding shall be paid over and belong to Landlord. 19.4 Except as specifically provided in this Section 19.0, this Lease shall not terminate or be affected in any manner by reason of the destruction or damage in whole or in part of the Premises or any building or improvements now or hereafter standing or erected thereon or by reason of the untenantability of the Premises or any such building or improvements except that rent shall abate during the period of untenantability. 20.0 CONDEMNATION 20.1 If all or substantially all of the Premises are taken by the exercise of the power of eminent domain or conveyed under the threat of eminent domain, then this Lease shall terminate as of the date possession is taken by the condemnor(provided that the Lease shall not terminate if Landlord is the condemnor). The entire compensation award shall belong to Landlord and Tenant shall have no interest therein; provided that Tenant shall have the right to make a separate claim for its personal property or relocation benefits in accordance with applicable law, provided that the award to Landlord is not reduced thereby. 20.2 If (1) more than twenty percent (20%) of the area of the Premises, or (ii) any Common Areas reasonably necessary for use of the Premises are taken by the exercise of the power of eminent domain or sold under the threat of eminent domain, then Tenant shall have the right to terminate this Lease if the portion of the Premises or Common Areas remaining are such that their continued use for the purposes for which the same were being used immediately prior to such taking is reasonably impractical or economically imprudent. Termination shall be as of the date legal possession is taken by the condemnor. The option to terminate herein granted shall be exercised in writing by Tenant within thirty(30) days after the date of the taking of possession by the condemnor. In any event, the entire compensation award shall belong to Landlord and Tenant shall have no interest therein; provided that Tenant shall have the right to make a separate claim for its personal property or relocation benefits in accordance with applicable law, provided that the award to Landlord is not reduced thereby. If this Lease is not terminated, then Landlord, with reasonable diligence and at its own expense, shall restore any improvements upon the Premises affected by the taking(with the exception of the Tenant Improvements), even if the total cost for such restoration is in excess of the amount awarded or paid by the condemnor for such purpose, 142197v13 12 AMP/RNK:r12/22/08 • 5-14 62 and Landlord shall make the proceeds of the condemnation award available for said purpose. Rent shall abate in the event of any partial taking hereunder to the extent to which the Premises are untenantable. 21.0 INSPECTION Landlord and its authorized representatives shall have the right, upon giving reasonable prior written notice(except in an emergency,in which case no notice is required),to enter the Premises or any part thereof and inspect the same for the purposes of determining Tenant's compliance with the terms of this Lease or to make repairs required hereunder. 22.0 QUIET ENJOYMENT So long as Tenant shall timely pay the Rent and all other sums herein provided and shall keep and timely perform all of the terms, covenants, and conditions on its part herein contained, Landlord covenants that Tenant, subject to Landlord's rights herein, shall have the right to the peaceful and quiet occupancy of the Premises. 23.0 ASSIGNMENT AND SUBLETTING 23.1 Except as herein set forth, Tenant shall not mortgage, encumber or assign this Lease or any interest therein, or sublet all or any portion of the Premises,or allow the use of any portion of the Premises by any third party,without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or unduly delayed. Notwithstanding anything to the contrary contained herein, Tenant may assign this Lease upon notice to Landlord, but without Landlord's consent, to any entity controlled by or controlling Tenant, or to an entity that acquires all or substantially all of Tenant's assets; provided, however, that in such instances Tenant shall remain liable for the performance of this Lease. 23.2 Landlord shall have the right at any time to sell or convey the Premises subject to this Lease or to assign its rights,title and interest as Landlord under this Lease in whole or in part. In the event of any such sale or assignment (other than a collateral assignment as security for an obligation of Landlord), and provided the assignee assumes all of the Landlord's obligations under this Lease from and after the date of transfer Landlord shall be relieved from and after the date of such transfer or conveyance of liability for the performance of any obligation of Landlord contained herein, except for obligations or liabilities accrued prior to the date of such assignment or sale, and Tenant shall attorn to the purchaser or assignee(as the case may be). 24.0 DEFAULT AND REMEDIES 24.1 Each of the following shall be deemed a"Default" of this Lease by Tenant: 142191v13 13 AMP/RNx:r12/22/OS 63 5-15 (i) If any Rent (Base Rent or Additional Rent) or other monetary sum due remains unpaid for five (5) days after such sum is due and Tenant fails to pay such sum within ten (10) days of receiving notice from Landlord demanding payment; (ii) If Tenant becomes insolvent, or if proceedings are commenced against Tenant hereunder in any court under any bankruptcy act or for the appointment of a trustee or receiver of Tenant's property and are not dismissed within sixty(60) days, or if Tenant files any assignment for the benefit of creditors, is not generally paying its debts as the same become due, or is taken over by any government regulatory agency having the jurisdiction to do so and such agency does not fully comply with the obligations imposed on Tenant hereunder, or if Tenant abandons or vacates the Premises or advises Landlord in writing that it intends to discontinue its business operations;or (iii) If Tenant fails to perform or violates any other of the covenants, conditions, obligations or restrictions of this Lease, which failure to perform or violation remains uncured for a period of thirty (30) days or more after notice thereof from Landlord to Tenant; provided, however, that if such failure or violation cannot reasonably be cured within the thirty (30) day period, and Tenant is diligently pursuing a cure of such failure or violation,then Tenant shall, after receiving notice specified herein, have a reasonable period to cure such failure or violation, not exceeding one hundred eighty (180) days, provided Tenant continuously exercises due diligence in the cure of the same. 24.2 In the event of any Default, and without any notice, except, if applicable, the notice prior to Default required under circumstances set forth in subsection 24.1 above, Landlord shall be entitled to exercise, at its option, concurrently, successively, or in any combination, any and all remedies available at law or in equity,including without limitation any one or more of the following: (i) To terminate this Lease; ii) To terminate Tenant's occupancy of the Premises and to reenter and take possession of the Premises or any part thereof (which termination of occupancy and reentry shall not operate to terminate this Lease unless Landlord expressly so elects) and of any and all fixtures which are located on the Premises and owned by Landlord; (iii) To recover from Tenant all expenses, including attorneys' fees,reasonably paid or incurred by Landlord as a result of any such Default; (iv) To recover from Tenant all Rent not theretofore paid at the time of any Default and any sums thereafter accruing as they become due under this 142197v13 14 AMP/RNK:r12/22/08 5-16 64 Lease,if the Lease has been terminated,during the period from the Default to the Termination Date. (v) Landlord's rights to exercise the remedies set forth in this Section 24.0 shall survive the expiration or termination of this Lease. 24.3 In the event of any Default by Tenant, or in the event of a failure by Tenant to perform any covenant, condition, obligation or restriction under this Lease pertaining to the repair or maintenance of the Premises (prior to the expiration of any applicable grace or cure period) that Landlord reasonably deems of an emergency in nature Landlord may, at its option, but shall not be obligated to, immediately or at any time thereafter, and without notice except as required herein, correct such Default or failure without, however, curing the same, for the account and at the expense of the Tenant. Any sum or sums so paid by Landlord, together with interest at the Applicable Rate, and all costs and damages, shall be deemed to be Additional Rent hereunder and shall be due from Tenant to Landlord upon demand. 24.4 Landlord shall not be in default unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord specifying that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty(30)day period and thereafter diligently prosecutes the same to completion. Subject to remedies for Landlord's default set forth elsewhere in this Lease or otherwise available at law or in equity,in the event of a Landlord default, Tenant may elect one or more of the following remedies: (i) specific performance or injunctive relief, or (ii) damages for loss arising from Landlord's failure to discharge its obligations under this Lease,or(iii)termination of this Lease by written notice to Landlord. 24.5 If Landlord defaults in the observance or performance of any of Landlord's covenants, agreements, or obligations hereunder wherein the default can be cured by the expenditure of money, Tenant may, but without obligation and without limiting any other remedies it may have by reason of such default, cure the default, charge the costs to Landlord, and deduct the costs of curing the default from the payments of Rent made by Tenant each month,together with interest at the Applicable Rate,until payment in full. 25.0 ADDITIONAL RIGHTS RESERVED TO LANDLORD Without affecting Tenant's obligations hereunder, Landlord reserves the right during the last one(1)month of the Lease Term to enter the Premises at all reasonable times to show the same to prospective purchasers, lessees or mortgagees, provided that the entry does not unreasonably interfere with the conduct and operation of Tenant's business. 142197v13 15 AMP/RNK:r12/22/OS 65 5-17 26.0 NOTICES All notices, demands, requests, consents, approvals, or other instruments required or permitted to be given by either party pursuant to this Lease shall be in writing and sent to the other party at the following addresses: To Tenant: Allina Health System Attn: General Counsel 2925 Chicago Avenue,Law Dept 10905 Minneapolis,MN 55407-1321 With Additional Copies To: Allina Health System Attn: Real Estate Manager 2925 Chicago Avenue,RE Dept 10909 Minneapolis,MN 55407-1321 Allina Medical Transportation 167 Grand Avenue St.Paul,MN 55102 To Landlord: City of Farmington Attn: City Administrator 430 Third Street Farmington,Mn 55024 All notices shall be deemed received when delivered, if hand-delivered, or three business days after deposit with the United States Postal Service, postage prepaid and sent by • certified mail, return receipt requested, or one business day after deposit with a nationally recognized overnight commercial courier service, airbill prepaid. Notices by telefax or e-mail alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other party as provided herein. 27.0 CONDITION OF PREMISES Except as expressly provided herein, Landlord makes no representations or warranties, either express or implied, regarding the condition of the Premises or suitability of the Premises for Tenant's proposed uses. 28.0 FOLDING OVER If Tenant remains in possession of the Premises after the expiration of the Lease Term without consent, then Landlord may, at Landlord's option, deem Tenant to be a tenant on a month-to-month basis ("Holdover Rent") and Tenant shall pay all sums and shall comply with all the terms of this Lease; provided that nothing herein nor the acceptance 142197v13 16 AMP/KNK:r12/22/08 5-18 66 of Rent by Landlord shall be deemed a consent to such holding over. Landlord shall be entitled to all remedies available to it at law or in equity for such holdover, including Holdover Rent and including, but not limited to, Landlord's damages suffered as a result of such holding over by Tenant. 29.0 WAIVER AND AMENDMENT No provision of this Lease shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment s matter onaver future matter shall not be deemed a waiver of the same or any other occasion. 30.0 JOINT VENTURE None of the agreements contained herein is intended, nor shall the to make them deemed or construed, to create a partnership between Landlord and venturers,nor to make Landlord in any way responsible for the debts or losses of Tenant. 31.0 CAPTIONS Captions are used throughout this Lease for convenience or reference only and shall not be considered in any manner in the construction or interpretation of this Lease. 32.0 SEVERABILITY, If any of the terms or provisions contained herein shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and conditions of this Lease,or the application of such to persons or circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. 33.0 CONSTRUCTION This Lease involves property located within the State of Minnesota and shall be construed according to the laws of the State of Minnesota. 34.0 ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other representations, warranties, or agreements except as herein provided. 142197v13 17 AMP/RNK;r12/22/08 67 5-19 35.0 COUNTERPARTS This Lease may be executed in one or more counterparts, each of which shall be deemed an original. 36.0 BINDING EFFECT The terms and conditions of this Lease shall be binding upon and benefit the parties hereto and their respective successors and assigns. 37.0 ATTORNEYS'FEES In the event of litigation arising out of this Lease,the prevailing party shall be entitled to court costs, out-of-pocket expenses and reasonable attorneys'fees from the unsuccessful partY. 38.0 REPRESENTATION AS TO AUTHORITY 38.1 Tenant (i) Tenant is a non-profit corporation, validly existing and in good standing under the laws of the State of Minnesota and has the power and authority to consummate the transactions contemplated by this Lease. (ii) All proceedings of Tenant necessary to consummate the transactions contemplated by this Lease have been duly taken in accordance with law. (iii) The person or persons executing this Lease on behalf of Tenant are duly authorized to bind Tenant. 38.2 Landlord (i) Landlord has the power and authority to consummate the transactions contemplated by this Lease. (ii) All proceedings of Landlord necessary to consummate the transactions contemplated by this Lease have been duly taken by the Farmington City Council in accordance with law. (iii) The person or persons executing this Lease on behalf of Landlord are duly authorized to bind Landlord. 39.0 BROKERS Each party represents and warrants that it has dealt with no broker or agent in this transaction. Landlord and Tenant agree to indemnify and hold each other harmless from and against any claims by any broker or agent claiming commissions or other 142197v13 18 AMP/RNK:r12/22/08 5-20 68 compensation as their respective representative or agent with regard to this transaction. The provisions of this Section shall survive the termination of this Lease. 40.0 MEMORANDUM OF LEASE Either party may at its expense record a memorandum of this Lease in form and content mutually agreeable to the parties hereto and executed by both parties. 41.0 PERFORMANCE OF WORK BY TENANT All work on the Premises performed by Tenant or Tenant's contractors, agents or employees during the Lease Term, whether in the form of maintenance, repair, replacement, alterations or work in compliance with law, shall he performed in a good and workmanlike manner and in accordance with law, and shall be free and clear of all mechanics' lien claims (provided that Tenant shall have the right to contest mechanics' lien claims). 42.0 FORCE MAJEURE Time periods, deadlines or dates for Landlord's or Tenant's performance under any provisions of this Lease (except for the payment of money) shall be extended for the period of time during which the non-performing party's performance is prevented or delayed due to labor disputes, casualties, embargoes, governmental restrictions or regulations, unusual weather and other acts of God, war or other strife, shortages of fuel labor, or building materials, action or non-action of public utilities or local, state or federal governments or agencies, the act or neglect of the other party or those acting for or under the other party, or any other causes or circumstances beyond the non-performing party's reasonable control. 43.0 EXHIBITS The terms and diagrams set forth in the Exhibits to this Lease are hereby incorporated by reference as part of this Lease as though the contents of such Exhibits were set forth in full herein. 142197v13 19 AM P.RN K:r l 2.22/()H 69 IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the date first above written. • Landlord: Tenant: City of Farmington, Allina Health System d/b/a Allina a Minnesota municipal corporation Medical Transportatio •fa By: _: f J or Its: e5 raa Ayv■.% Its: City rk • 1421')7v 13 20 AMP/RNK:r13/22,118 70 , • • • Lease: City of Farmington-Allina Medieal Transportation • . • Exhibit A • • • • • . 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S-? v g a y Co co co Cl) Co co D) 0) w w co 3 3 3 3 k O ez 1 m U g s0 > a CO N O N O • CC/ 0 9a a a •• EEll H Z 4 cn 1:4 G4 Z C7 >+ E et 4 a° a z o u L N a 0 s ;@. 3 0 0 2 coc C� C 1/cc,, e A�Miy� City of Farmington 's 430 Third Street Farmington,Minnesota A�1 651.280.6800•Fax 651.280.6899 ' •A Paa0 www ci.fk mington.nm.us { TO: Mayor and Councilmembers FROM: David J.McKnight,City Administrator SUBJECT: Administrative Policies and Procedures Update DATE: February 6,2012 INTRODUCTION The City Council approved a majority of the proposed Administrative Policies and Procedures at your meeting on December 19,2011. There was a request for additional information on a number of topics before all of the proposed policies were approved. DISCUSSION The City Council asked for comparisons of the proposed policies to our four union contracts in the areas of vacation,sick leave,PTO and comp time. Attached to this memo are charts that show the comparison information that you requested for each of those areas. As the charts will show you the proposed policies,which are listed as the non-union option in each of the charts,are either the same as the union contracts or less beneficial. The proposed policies for sick leave(5.13),vacation(5.15)and comp time(6.6)are attached for your review. I will note that we did make a change to the proposed comp time policy that requires that all comp time balances for non-union employees be paid out on the second paycheck in December of each year. The proposed policy for PTO will be brought back at a later date for consideration. The Step Adjustments/Merit Pay Policy(6.4)was also pulled for more information. This policy includes the language for the merit pay program that was suspended in 2009. The language for the merit pay program is still included in our policy because we had a mediated settlement on the language and believe it is appropriate to keep it in the policy at this time. We have agreed to sit down with union and non-union staff to discuss this issue in 2012. One other issue discussed at the December 19,2011 meeting that will be brought back in the future. The summary of unique issues or differences between the four union contracts and the Administrative Policies and Procedures is still being developed. This issue does not impact the five other policies that are discussed above and should not have an impact on their approval. This summary will be sent to you when it is complete. 111 BUDGET IMPACT None. ACTION REQUESTED I recommend that a motion be made to approve Administrative Policies and Procedures sections 5.13 (Sick Leave), 5.15 (Vacation),6.4(Step Adjustments/Merit Pay)and 6.6(Comp Time). Respectfully submitted, David J. McKnight City Administrator 1 112 O 0 IA O N Vf ' D O _ t Ili O 2 -J CZ W 111 (A Z W D N 0 LL O o. QC, p O ce Z o Q O cc 6 O = ).-Z co oa. v► O- I 0 a th y Z O o 4 m M r D V" 0 g IL 6 Y- 0 0 cc W W to CA IL O _� co a yin c.3 W U W 6W O 0\° 0 0 y x W g 6 Z O. - E J cc W 8 W W ' O O a �C �- u. W U o 3B a ogg W a z Q o m to 0o a u1 a-1 = x x x x z i s_ _ x NON 00N 1 ON O O 0 0 O 4. 000 d a-t a-i .i a1-1 N as-1 N M x w O 0 oz O x c, O N I a 6 g e- 1i1 G' .1 N M oC A g ,•A e-1 N O t a x z g N 9 O z x° z z z 2 xx 2 00 o 0 t:1 3 o � p pp N 00 e-t ‘.-1 .-t e-1 N M d' r r O O O O X N lb O N a g g g V W O I U W , 1 i Lg 1 I 1 1 0 0 0 0 0 0 0 O O O 1 00 O x N x mms x N x s s x x x 000 - e-1 ei ei �-1 a�1 N as-t N M 1 ■ O o = K I Z o 2 a g 0 g W 'I U1 ,:) a�-t N M .4. N CL e�-1 a0i N INFfiEEEE .g, 0 _ S 0 § D k B § /q ri Z $ z 0 / a 1 0 0 § 8 0 § w 2 2 2 2 § § m 1 c ° E § z —;- 8 Ztj I—o ° § § w g v § B § § m m . dc, a § § 0 Q 8 . z § § § q $ § \ / § § o 0 0 � 0 0 2 i.4 0 \ \ § § E. § § / b. 0 § ce 2 0 & 8 § w m_ « � z a i / 2 k k § § 0 2 2 0 0 i E \ Z 0 k § § F. 0 u. 0 0 [ a § ¥ $ L z cf ce § § $ 2 § cc Section 5.13—Sick Leave For those employees hired before January 1, 2012 that chose not to change over to Paid time off(PTO), the City of Farmington provides paid sick leave benefits for periods of temporary absence due to illness or injuries.Eligible employees include regular full-time employees and regular part-time employees who are regularly scheduled and approved to work a minimum of twenty-four(24)hours. 1. Eligible full-time employees will accrue sick leave benefits at the rate of eight(8)hours per month to a maximum of one thousand and eighty hours (1080).Eligible part-time employees shall receive pro- rated sick leave based on actual hours worked. 2. Sick leave shall be accrued on a biweekly basis. 3. Eligible employees may use sick leave benefits for an absence due to their own illness: exposure to contagious disease or legal quarantine; medical and dental examinations; or an illness or medical or dental appointment of an immediate family member who resides in the employee's household or meets the following definition of immediate family.."Immediate Family"shall include the employee's parents,siblings, spouse,children, step-children,grandparents or grandchildren of the employee or the employee's spouse. 4. Sick leave shall only accrue when an employee is on compbnsated regular hours or is on approved military leave in accordance with fec4ei .l and state law. 5. Sick leave usage shall be subject to approval and verification by the supervisor or Department Director. Procedure • To be eligible for sick leave payment: 1) Sick leave must be accrued before any payment is made. 2) An employee must notify his/her supervisor and/or department head as soon as possible but not later than thirty(30)minutes following the starting time of the employee's scheduled shift. (This notice may be waived if the employee can establish that he/she could not comply with this requirement due to circumstances beyond the employee's control.) 3) An employee must inform his/her supervisor and/or department head as to.the approximate date of the employee's return to work. 4) If any employee is absent for three or more consecutive days due to illness or injury, a physician's siatement will be requested to verify the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well, and may be required as a condition to receiving sick leave benefits or to returning to work. 5) Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from long-term disability insurance or worker's compensation.The combination of any such disability payments and sick leave benefits cannot exceed the employee's normal weekly earnings. • 116 • Section 115— Vacation For those employees hired before January 1, 2012 that chose not to change over to Paid time off(PTO), • the City of Farmington provides paid vacation time to provide opportunities for rest, relaxation and personal pursuits. Eligible employees include regular full-time employees, and regular part-time employees regularly scheduled and approved to work a minimum of twenty-four hours per week. 1) Employees may take vacation only with the prior approval of the employee's supervisor or department head. Scheduled vacations are subject to postponement in the case of emergency. 2) New hires on probationary status shall earn but shall not use vacation until the employee has successfully completed the probationary period. • 3) Employees who have completed the probationary period shall be compensated for vacation earned but not used at the time of resignation. Accrued, unused vacation shall be calculated to the nearest day worked and shall be paid at the employee's base pay rate which was in. effect at the time of resignation. • 4) Employees who are on unpaid leave of absence (excluding Military Leave) or who have been suspended without pay shall not earn vacation during that period. Additionally, the accrual dates will be adjusted accordingly. 5) Eligible full-time employees shall earn paid vacation in accordance with the following schedule based on years of continuous service. Eligible part-time employees shall earn vacation hours calculated on a pro-rata basis.Vacation time off is paid at the employee's base pay rate at the time of vacation.It does not include overtime or any special forms of compensation such as incentives, bonuses, or shift differentials. 6) Employees using earned vacation leave will be considered to be working for the purpose of accumulating vacation or sick leave. Additionally, no employee will be permitted to waive vacation leave for the purpose of receiving double pay. VACATION ACCRUAL SCHEDULE Years of Eli e;ble Service Accrual Per Pa Period Annual Accruals 1 through 4 years 3.07 10 days 5 through 10 years 4.62 15 days After 10 years 4.92 16 days After 11 years 5.23 17 days After 12 years 5.54 18 days • After 13 years 5.84 19 days After 14 years through 25 6.15 20 days After 25 years 7.69 25 days 117 7) In the event that available vacation is not used by the end of the benefit year, employees may carry over up to the maximum amount established in the following table. Any hours above this maximum will revert back to the City, unless approved in writing by the City Administrator. Vacation time accruals begin again in the next benefit year. Vacation Accrual Maximums: 1 through 10 years 20 days 10 through 20 years 30 days • 20 plus years 40 days • • • . i 118 Section 6.3—Performance Reviews An objective performance review system will be established by the City Administrator or designee for the purpose of periodically evaluating the performance of City employees. The quality of an employee's past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and,where applicable,salary adjustments. Performance reviews will be discussed with the employee. Employees do.not have the right to change or grieve their performance review, but may submit a written response which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually.The form,with all required signatures,will be retained as part of the employee's personnel file. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Signing of the performance review document by the employee'acknowledges that the review has been discussed with the supervisor and does not necessarily constitute agreement.Failure to sign the document by the employee will not delay processing. Section 6,4>Step Adjustments Movement to a higher step within, the salary range established for the position through the City's compensation plan is contingent upon an employee's satisfactory job performance. Based on satisfactory performance, an employee may be eligible to receive a step increase to the mid-point (Step 5) of the salary schedule on their job classification anniversary date. A Department Director may deny or delay a step increase if the employee's performance is not at the required level. Except as otherwise approved, length of service will not automatically be related to a level of compensation within the approved salary range. Merit Pay: After the mid-point, there is an opportunity for employees to receive a merit pay step increase. The purpose of the merit pay system is to compensate employees for attaining goals that result in an increase in job responsibilities that is an on-going part of the employee's required duties. To be eligible for merit pay,an.employee must: 1) Meet performance expectations. 119 2) Set and achieve merit goals as established by the employee and supervisor;and approved by the Department Director,Human Resources Director and the City Administrator.(For additional information,please review the Performance Management System Instructions). 3) Continue to perform the increased job responsibilities,for which merit pay is received,on a regular, on-going basis. While encouraged,it is not required that employees strive for or participate in the merit pay program. Merit pay will not be given for one time projects or for doing more of the same or similar duty(s)already assigned to their position. • • ._ 120 i Section 6.5—Overtime FLSA non-exempt employees, who work in excess of the regular forty (40) hour work week, will be compensated at one and one-half(1'/2) times their regular hourly rate of pay. Total hours worked must exceed 40 hours per work week in order to qualify for pay at time and one-half. Overtime work must be approved in advance by the employee's supervisor,department head or City Administrator. An employee who works overtime without prior approval may be subject to disciplinary action. Vacation, sick leave and paid holidays do not count toward"hours worked"for overtime purposes. For the purpose of computing overtime compensation, overfimei itoprs worked shall not be pyramided, compounded or paid twice for the same hours worked. Overtime ill be calculated to the nearest 15 minutes. All employees are required to work overtime as requestejby their supervisors as a condition of continued employment.Refusal to work overtime may result in lisciplinary action;1i1 i to and including dismissal. FLSA exempt employees do not receive overtime pay kIn general employees'iit executive, administrative and professional job classes are exempt;all others are rign-exemp i 'i `;"' • Due to the seasonal operations of the Outdogfool,overtimersinot paid for pool staff. Section 6.6—Compensatoy'(C;gmp) Time, ,a �6, !.,,;���i:;: •tii•h!.i, !ir;,: '�Ia�!'' ''.Ili °,•;., I FLSA non-exempt employees;.,who work m exces''s,,;of the regular forty (40) hour work week may be granted compensatory,time in•lieu;,of,'Oy'ertime.pay and'must be approved by the employee's supervisor, department head��or''City Administfatpi: Compensatory tithe shall be at the rate of one and one-half(11/2) times the liQurs worked in excess of tl ie,regular work?week. The maximum total accrued compensatory time shall not'exceed forty(40):hours per:employee. All accrued comp time hours will be paid out on the second paycheokin December each'year. FLSA exempt empto"y','ees are not eligible for compensatory time Accrued compensatory times wur ble'taken as paid leave with prior approval from the employee's •supervisor. ;_,4i Compensatory time will be based on hours worked. Paid vacation, sick leave or compensatory time will not be considered in computing compensatory time. The maximum compensatory time accumulation or any employee is 40 hours per year. Once an employee has earned 40 hours of compensatory time in a calendar year, no further compensatory time may accrue in that calendar year. All further overtime will be paid.All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 117 • 121 ve,. City of Farmington 430 Third Street ' — Farmington,Minnesota JP�4 651.280.6800•Fax 651.280.6899 •A poso`� www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David J.McKnight,City Administrator SUBJECT: Closed Session-Potential Sale of 431 Third Street DATE: February 6,2012 INTRODUCTION, As you are aware the City has had the property located at 431 Third Street up for sale for some time. We have been in negotiations with a potential buyer and have an updated offer to bring to the City Council. DISCUSSION Minnesota Statute 13D identifies a short list of reasons for conducting business in a closed session. Among the allowable reasons is the preliminary consideration of purchase or sale of real or personal property. Consideration of this potential sale of city property qualifies under this exception. BUDGET IMPACT None. ACTION REQUESTED Make a motion to go into closed session to discuss the potential sale of 431 Third Street as allowed under M.S. 13D. Respectfully submitted, David J. McKnight City Administrator 122