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03.19.12 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 March 19, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGL4NCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Acknowledge Volunteer Service—Beverly Preece Acknowledged 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 (3/5/12 Regular) (3/12/12 Workshop) Approved b) City Administrator Performance Review Summary—City Attorney Information Received c) February 2012 Financial Report- Finance Information Received d) Approve Temporary On-Sale Liquor Licenses VFW—Administration Approved e) Approve Second Amendment to Agreement to Acquire a TSI Portacount— Fire Department Approved f) Appointment Recommendation Fire Captain—Fire Department Approved g) Approve Rescue Squad Membership—Fire Department Approved h) Approve Annual Conference—Municipal Services Approved i) Adopt Resolution—Approving Household Hazardous Waste Drop-Off Joint Powers Agreement with Dakota County—Municipal Services R12-12 j) Approve Interlocal Contract for Cooperative Purchasing with Houston- Galveston Area Council —Fire Department 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 a) Seal Coat Project Update -Engineering Information Received 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 2 Approve Council Minutes (3/5/12 Regular)(3/12/12 Workshop) Regular Minutes 4 Workshop Minutes 10 City Administrator Performance Review Summary Memo 13 February 2012 Financial Report Feb 2012 Financial Memo 14 Feb 2012 Financial Report 16 Approve Temporary On-Sale Liquor Licenses VFW Memo 23 Applications 24 Approve Second Amendment to Agreement to Acquire a TS! Portacount Memo 27 Agreement 28 Appointment Recommendation Fire Captain Memo 31 Approve Rescue Squad Membership Memo 32 Approve Annual Conference conference 33 Adopt Resolution -Approving Household Hazardous Waste Drop-Off Joint Powers Agreement with Dakota County Memo 34 Resolution 36 Agreement 37 Approve Interlocal Contract for Cooperative Purchasing with Houston-Galveston Area Council Memo 42 HGAC Contract 43 Approve Bills Bills 45 2012 Seal Coat Project Update 2012 Seal Coating 031912 73 1 COUNCIL MINUTES REGULAR March 5, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay,Donnelly, Fogarty,May Members Absent: None Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Teresa Walters, Finance Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer;Todd Reiten, Municipal Services Director;Cynthia Muller,Executive Assistant Audience: Russ Zellmer,Nicholas Pipho 4. APPROVE AGENDA Councilmember Donnelly pulled item 7d)Joint Powers Agreement with Dakota County for Fueling Services for discussion. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Dick Graelisch, Third Street, spoke regarding the tornadoes in the southern U.S. 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes(2/21/12 Regular) b) Adopted RESOLUTION R10-12 ReestablisWEstablish Existing Precinct Boundaries and New Polling Locations-Administration c) Approved Appointment of Mitchell Snobeck to the Water Board-Administration e) Accepted Resignation Municipal Services—Human Resources f) Approved Bills APIF,MOTION CARRIED. 4 Council Minutes(Regular) March 5,2012 Page 2 d) Adopt Resolution—Approve Joint Powers Agreement with Dakota County for Fueling Services—Municipal Services Councilmember Donnelly asked if there is a set price for the fuel as we missed the deadline to be included in the bid for 2012. Municipal Services Director Reiten explained at the end of the year you submit an amount equal to 80%of the fuel you will be purchasing for the year. This has already taken place for 2012, so this agreement will be in effect for 2013. For this year,we will get some fuel at the county's rate as long as we don't go over their 80%. If the county would have to refill their fuel tanks,they would charge us at the spot pricing. The City uses approximately 2,000 gallons/month of diesel fuel. Councilmember May asked why we have not used this program before. Staff explained when the Maintenance Facility was built, a slab was installed for a fueling station,but it has constantly been cut from the budget. Councilmember May asked if there is a minimum order or if staff is recommending 80%. Staff explained the county is recommending 80%. Lakeville does 60%. The county is trying to get as much benefit from this as possible, so that is why they do 80%. Whatever order staff puts in,that is what we have to take. After your percentage is used up, you go to spot pricing. Councilmember May noted there are other options for obtaining fuel after the locked in amount is used. She felt the amount should be less than what we plan on using. The average between levels for spot pricing could be approximately$.30/gallon. Councilmember May asked if we have looked at other options with stations in town. Staff has checked with Kwik Trip and it is more beneficial to stay with Voyager,the State purchasing vendor. She requested staff prepare a summary of the different options. City Administrator McKnight stated staff will summarize the options,but this is the direction Council gave;to save money with fuel. This is a potential$15,000 savings. Councilmember Donnelly noted the county has certainly done a lot of researching on obtaining a good price for fuel. If we can join them,that is good. Staff noted the county has saved over$1 million in fuel in the past few years. Lakeville has saved$60,000. Councilmember May asked why is Lakeville only doing 60%then? She was not disagreeing with the program, it is the percentage. Staff purchases 30,000 gallons of diesel fuel per year. So 80%of that is 24,000 gallons staff has to make sure they get. There has not been a year yet where we have not purchased 24,000 gallons. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R11-12 approving a Joint Powers Agreement with Dakota County for fueling services. APIF,MOTION CARRIED. 8. PUBLIC HEARINGS a) 2011 National Pollutant Discharge Elimination System Phase II Annual Report—Natural Resources Natural Resources Specialist,Jen Dullum,presented the annual report. As Farmington has a population over 10,000,we are required to implement a Storm Water Pollution Prevention Program as part of the National Pollutant Discharge 5 Council Minutes(Regular) March 5,2012 Page 3 Elimination System Phase II requirements. The City has to obtain authorization to discharge storm water runoff to surface water. There are six minimum control measures which include 60 best management practices. MOTION by Fogarty, second by Bartholomay to close the public hearing. APIF,MOTION CARRIED. Councilmember Bartholomay noted in 2011 there were 40 calls to the City. He asked how often we review the BMP's and adjust as necessary. Staff explained the permit has been in effect since 2006 and the BMP's have been adjusted once. You are locked in for a five-year permit cycle. Councilmember May recalled a year ago a number of residents were concerned with the use of ponds for fishing and trampling the natural wildlife. She asked if that area is considered the storm water buffer. Staff explained those areas are storm water ponds. The brochure pertains to natural wetlands within the City. It is still up for debate whether storm water ponds should be used for recreation purposes and what is acceptable. Councilmember May recalled we did spend money from Natural Resources to plant natural flowers,etc. She felt we need to address this issue. If we allow that type of use, it will keep growing. If the ponds are for recreation use,then people should be directed to a specific area. City Engineer Schorzman agreed this has been discussed in the past, and we need a unified direction from Council. Councilmember May felt this was a valid point to continue to discuss for the residents that live around the ponds. Councilmember Fogarty noted there is one pond that is 40 feet deep. It was marketed as a lake and residents intended to be able to use it. She cautioned Council needs to be careful when regulating uses for all ponds. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) December 2011 Financial Report-Finance Finance Director Walters presented the draft December 2011 Financial Report. General fund revenues are at 98.18%of the budget and expenditures are at 99% of the budget. This reduces the fund balance by$71,663 in 2011. Our current fund balance is now 24%of total expenditures,which is below the limit set in our fund balance policy. Some of the shortfall in revenue includes investment income and taxes. The issue of investment income has been reduced for 2012. There were also higher delinquent taxes in 2011. Delinquencies in enterprise funds are being addressed in the 2012 budget. The liquor store ended the year with$40,000 in net income. Without transfers the liquor stores would have seen a profit of $130,000. Councilmember Bartholomay thanked Parks and Recreation Director Distad for being below on his budget. He noticed City Hall was$21,000 over budget,but staff has a plan to resolve that for next year. Finance Director Walters explained it was due to higher than expected electricity bills and repairs. 6 Council Minutes(Regular) March 5,2012 Page 4 Councilmember May noted the electricity could be reduced if we were all on one floor. She noted$200,000 was received in delinquent taxes and thought we factored in an amount for this each year. City Administrator McKnight noted that will be reviewed for next year. Councilmember May asked what the 2%is in dollars that was not received for delinquent taxes. Finance Director Walters stated we did not receive$350,000 in new delinquent taxes. Councilmember May asked for the amount of delinquent taxes in prior years. Staff stated there is a total of$600,000 in delinquent taxes. Councilmember May asked for a breakdown by year for delinquent taxes. She also asked if fmancial information can be separated for the two liquor stores. Councilmember Fogarty would like that to include overhead as well for 2012. Councilmember May asked about lowering the percent for the fund balance. Finance Director Walters stated we did lower it to 25%-50%in our policy. The State Auditor recommends 35%- 50%. It should be higher because we do go negative in the general fund throughout the year. Mayor Larson noted we had a loss of$14,823 in the arena which is getting closer to breaking even. He spoke with staff about the off months having so little revenue, but expenses are still$25,000- $28,000. We are so close to breaking even, so he would like staff to look at the operation to see if we need to make any changes and make sure salaries are going to the proper place. Staff explained expenses were high this year because of summer ice. In most summers we have expenses because we are doing maintenance work to prepare for the upcoming ice season. From 2006—2010 we were at$60,000-$80,000 loss. To bring it to $14,000 is good and staff is watching the budget. Mayor Larson also spoke with the City Administrator about the $70,000 transfer from the liquor store into the general fund to pay salaries, IT, etc. Staff will make sure that is for actual time spent at the liquor store. b) Lakeland Construction Finance Claim-Engineering In 2009 the City declared the developer of Parkview Ponds in default. Staff went to the company holding the Letter of Credit,that company was in receivership and the City could not collect. The City submitted a claim, and has since received a letter from Lakeland Financial requesting the City accept the claim being reduced by 50%which takes it from$144,000 to $72,000. That does not mean we will get that much,but that is what the claim would be reduced to. Staff anticipates getting 5%-7%of that. Many cities are accepting their offer. If we do not,they can petition the court to deny the claim entirely. Much of the work in the claim has been completed as the development was built out. Councilmember Fogarty asked if we were to submit a claim today,what is the amount? Staff estimated$20,000-$30,000. She asked if a Letter of Credit doesn't have much value. This is a concern for other Letters of Credit we have. City Attorney Jamnik stated there have been more defaults on Letters of Credit. 7 Council Minutes(Regular) March 5,2012 Page 5 They are reviewed prior to posting them with us. Our policy is to take preferred local banks. Councilmember May noted the development is nearly built out so we are getting paid,we just have to wait. Development Contracts have timelines, so we should make sure developers are moving forward in a timely manner or draw on the Letter of Credit according to the timeline. MOTION by May, second by Donnelly to authorize acceptance of the proposal in the January 26,2012 letter. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Bartholomay: He will not be at the next Council meeting and there will be a discussion on the ice arena. There is money left from the improvement project which was closed last fall, but we can open that before the audit. There are also discussions taking place with the hockey association. He would like to be included in the arena discussion, so he suggested opening the fund and tabling the discussion until the April 2,2012,meeting. Councilmembers agreed. Several months ago,Council requested a spreadsheet of Park and Recreation and Rambling River Center programs showing revenues and expenses. Staff will work on this. Expenses are shared between programs or used year after year, so expenses could be difficult to separate. He congratulated Mr.Mitchell Snobeck on his appointment to the Water Board. He thanked the police and fire for their work at the apartment fire last week and thanked the police for their quick work on apprehending a suspect last week. City Administrator McKnight: On the Consent Agenda, Council approved new polling locations for this year. Four of the six polling locations are changing this year. The equipment used at the apartment fire did include Engine 1 which worked as expected. Parks and Recreation Director Distad: Gave an update on the MMBA liquor store analysis. Financial information and a self-analysis report were sent to the MMBA on February 17,2012. Mayor Larson and Councilmember May along with staff members completed the form. The MMBA would like to schedule a follow-up meeting to interview those who completed the report. Dates will be scheduled and there should be a report presentation on April 16,or May 7,2012. Councilmember May asked about the deadline for the lease at the downtown store. Staff explained that deadline was for the 3-year extension and it has passed. City Administrator McKnight stated we said no to the 3-year extension,but 8 Council Minutes(Regular) March 5,2012 Page 6 we will call the owner this week. The lease does have a provision for a month-to-month rate. Mayor Larson: Reminded residents to shop local. Many local businesses support local youth groups so the money does stay in the community. 14. EXECUTIVE SESSION a) City Administrator Six-Month Performance Evaluation Council adjourned into closed session at 8:25 p.m. for City Administrator six- month review. A summary will be provided for the packet at the next meeting. 15. ADJOURN MOTION by Fogarty, second by Donnelly to adjourn at 9:13 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 9 Council Workshop Minutes March 12,2012 Mayor Larson called the workshop to order at 6:30 p.m. Present: Larson,Bartholomay,Donnelly, Fogarty(arrived 6:40 p.m.) Absent: May Also Present: David McKnight, City Administrator;Tim Pietsch, Fire Chief;John Powers,Fire Marshal;Adam Fischer,Fire Department;Cynthia Muller,Executive Assistant MOTION by Bartholomay, second by Donnelly to approve the agenda. APIF,MOTION CARRIED. Fire Truck There are three options for purchasing a fire truck,demo, new,or HGAC (a pre-bid consortium). A demo would be used by the manufacturer for up to six months. This would be a$7,800 savings. To obtain a new truck,we would go out for bid. The Fire Department would determine who matches the specs and review pricing. A new truck would be built to the needs of the department and the City. Other cities have more equipment and don't need as much on the truck. We would need equipment mounted on the truck. (Councilmember Fogarty arrived). HGAC is a pre-bid consortium. There are nine fire truck manufacturers that have already pre-bid and are qualified. It costs$1,000/year to join,but the bid process is already done. They review the specs and match up our needs with the best manufacturer. Approximately 25%of the truck would not be custom so we then have the option to change the component manufacturer to one that complies with HGAC or buy it separately. The more we comply with HGAC the bigger the savings. Purchasing turnout gear from HGAC would save$125. Using HGAC would shorten the process by three months. The Fire Department expects a fire truck to cost between$555,000 -$600,000. Council reached a consensus on using HGAC to purchase a new fire truck. Fire Truck Funding City Administrator McKnight noted any costs are estimates. There are two funding options. The first option is to bond for the truck. A$555,000 bond would cost$623,000 to pay back. Another option is to borrow from the Water Board. It would be a five year loan, and staff suggested paying the Water Board 3%interest on the loan. With the Water Board loan,the City would pay$20,000- $25,000 less than bonding. Staff is recommending obtaining a loan from the Water Board. The City would save money and the Water Board would earn interest. The Water Board has agreed to this, as they will not be using the money during the five year period. Mayor Larson, Councilmembers Fogarty and Donnelly suggested 2%interest. Councilmember Bartholomay suggested 1.65%interest. The Fire Department was directed to move forward with purchasing a new fire truck. Staff will bring an agreement to the Water Board for 2%interest on the loan and the agreement will be brought to Council for approval. Loan payments would start in 2013. It takes 9-12 months to build a fire truck. 10 Council Workshop March 12,2012 Page 2 2013 Budget Goals City Administrator McKnight explained the gap that needed to be filled in the 2013 budget. Council used one-time money to maintain the levy for 2012. That created a gap for 2013 of $367,258. We need to fill that gap so we start 2013 at zero. Council paid off two debts in 2012 with that one-time money;the EDA debt of$175,000 and the Park and Rec fund debt of $120,000. Those numbers do not need to be carried over to 2013. In order to fill the gap,we also had a change in Community Development saving$50,000. Council created a$140,000 reserve in 2012 and City Administrator McKnight proposes to take$30,000 of that to fill the gap. These four cuts,the EDA debt$175,000,the Park and Rec fund debt$120,000, Community Development change$50,000 and$30,000 reserve reduction total$375,000 to fill the$367,000 gap. This gets us to zero for 2013. Some of the issues we need to be aware of for 2013 and the future include the following: Street projects $400,000-$800,000 Vehicles/Equipment $330,000-$630,000 Ice Arena Deficit $275,000 Fire Truck Payment $140,000 Economic Development Funding $50,000 Delinquent Tax Levy $75,000 Fuel Costs - $15,000 Revenue Shortages Liquor Store Funding Future HR/Contract Costs Department Requests Levy Limits Likely Returning Economy and Taxpayer Attitude Council's Budget Goals Councilmember Bartholomay was concerned with Directors' salaries and wants their salaries under$100,000. Councilmember Fogarty likes the idea of working on a two-year budget for 2013 and 2014. She would like to incorporate the C1P for roads and equipment into the budget. She realized we cannot do it all in one year. She did not buy into the fact that vehicles need to be replaced within a certain number of years. She would rather see it go by mileage. Mayor Larson stated we have a CIP schedule in place for roads. Staff is planning on keeping that schedule,but it needs funding. The needs have not changed. Councilmember Donnelly stated if we fund these things they cannot be totally funded with tax increases,there also has to be a savings. The legislature is talking about levy limits and staff is expecting a levy limit at 1.9%to 2.0%. Mayor Larson agreed with Councilmembers Fogarty and Bartholomay. Also in the long term, after hearing about the fuel savings with Dakota County,he feels it is important for the City to have our own fueling station and salt storage. Eventually it will pay for itself over time. We cannot afford it now,but he would like it included in the plan. We need to work on funding for 11 Council Workshop March 12,2012 Page 3 the CIP for roads and equipment. Mayor Larson asked if there was a plan for the ice arena. City Administrator McKnight stated we are close to breaking even,but we still have the negative $250,000 fund balance issue. We will likely have to levy for it and suggested$25,000/year for 10 years. We moved the pool to the general fund so why are we still funding the pool with liquor store revenue. Those funds could be used for the arena. Mayor Larson would like staff to bring a plan for the arena to Council. Councilmember Fogarty asked about the length of the bond for the arena. Mayor Larson stated we have cut a lot of people at City Hall and asked when we get to the point of diminishing return. He noticed the Police Department has a lot of administrative staff and asked the City Administrator to look at staffing. Budget Format, City Administrator McKnight presented a new format in budget worksheets for Council to use for working on the 2013 and 2014 budgets. There are four levels of detail and he presented the first three levels to Council. In reviewing the budgets,he has noticed in 2011 there was a total of $107,000 spent in three personnel areas that was not budgeted for. This is part of what is affecting our fund balance. The admissions revenue for the arena was not met in 2011 and should have been corrected for 2012. Council is very pleased with the new budget worksheets. At the end of the year,the large format we currently have for the budget will still be prepared. City Administrator Update City Administrator McKnight viewed the old senior center building with a different realtor and was told if we want to sell it,we need to fix it up. Councilmember Fogarty will not accept the low offer the City has been given when it will not go on the tax roles. City Administrator McKnight agreed if we fix it up we will increase the sale price but the net profit will likely be the same as the offer that was made recently. He will bring a new realtor agreement to Council and get a quote on abatement. MOTION by Fogarty, second by Bartholomay to adjourn at 7:40 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 Campbell Knutson Professional Association TO: Mayor and City Councilmembers David McKnight FROM: Joel Jamnik DATE: March 19,2012 RE: City Administrator Evaluation Summary Report Pursuant to the State's Open Meeting Law, Minn.Stat.Section 13D.05,subd.3,the City Council conducted a closed special meeting on Monday March 5, 2012 to evaluate the performance of City Administrator David McKnight. The Mayor and all City Councilmembers were in attendance. The law requires that,at its next open meeting,the public body shall summarize its conclusions regarding the evaluation. The following is submitted for council review and approval as a summary of the evaluation. City Administrator McKnights review comprised a discussion of his first six months of employment with the City,and focused on what issues were addressed and what goals were achieved. Particular focus was given to council communications and the respective roles of Council and Administrator,and goals for the next six months,which includes the budget cycle,were discussed. There was some discussion regarding the process to be used for the annual evaluation of the Administrator, including possible revisions to the previously used survey instrument allowing each councilmember to provide,without attribution,his or her rated assessment of the Administrator's performance in specified topic areas using a 9 point graduated scale where ratings from 1 to 3 are categorized as does not meet expectations, ratings from 4 to 6 are categorized as meets expectations and ratings 7 to 9 are categorized as exceeds expectations. There was general agreement to revise the survey instrument and to simplify the rating scale. Administrator McKnight was determined to be meeting expectations of the Council. Councilmembers indicated to Administrator McKnight a desire that he focus his efforts during the next six months on the following areas: 1. Continuing with revisions to staffing and reorganization. 2. Team-building with staff,particularly with the management team members. 3. Meeting the communications and information needs of individual councilmembers, and; 4. Concentrating on budget and service delivery issues. 13 j City of Farmington 430 Third Street ! Farmington.Minnesota 651.280.6800•Fax 651?80.6899 w ww ci.i'anningu rn.mn.a TO: Mayor, Councilmembers and City Administrator FROM: Teresa Walters,Finance Director SUBJECT: February Financial Report DATE: March 19,2012 Enclosed is the financial report for the month of February 2012.Below is an explanation for variations from the budget. If you have any questions prior to the meeting,please e-mail me at twalters @ci.farmington.mn.us or call me at 651-280-6880. General Fund Overall General Fund Revenues are at 2.14%of the budget. Tax revenue is not received until June/July. Without taxes,revenues are at 12.3%of the budget. 17%of the year has passed. In comparison, last year at this time,revenues were at 9.46%of the budget. Expenditures are at 13.22%of the budget. Last year at this time, expenditures were at 13.98%of the budget. REVENUES - Licenses: License revenue is at 51.78%. This is consistent with previous years at this time.License revenue is higher due to receipt of the annual and quarterly(first quarter) payments. - Permits: Permit revenue is at 10%which is approximately$8,000 higher than last year at this time. - Charges for services: This is seasonal and will increase during the summer months. - Investment Interest: This is at 11.53%. Most of our investments accrue interest; therefore, it is not received(or recorded as revenue)until later in the year. - Franchise fees: These are usually received 2 months following the quarter. We will probably receive our first payment of 2012 in May. EXPENDITURES Overall expenditures are at 13.22%. This is in line with where it should be at this time. 14 Recreation Budget(Included in the General Fund): Rambling River Center: February expenditures exceeded revenues by$305. Revenues are at 31.8%of the budget. This is due to membership renewals early in the year. Expenditures are at 13.2%of the budget. Pool: The pool is closed,but had$1,534 in expenditures so far this year. The majority is due to electric, gas, and insurance bills. Special Revenue Funds: The Special Revenue funds are established to account for specific revenue sources(grants)or to finance a specific activity. A plan to eliminate deficits will be discussed during the budget process. The following is a summary of some of the special revenue funds: EDA: February revenues exceeded expenditures by$60. With transfers,this brings the fund balance from a negative$159,708 in January to a negative$140,898 in February. The 2012 budget includes a transfer that will eliminate the deficit by the end of the year. Ice Arena: Ice Arena revenues exceeded expenditures by$14,347,reducing the deficit balance to$240,915 at the end of February. Enterprise funds: The Enterprise funds are self supporting and do not need fmancial assistance from the General fund. Downtown Liquor Store: Expenditures exceeded revenues by$31,865 this month. With the $2,917 transfer to the General fund,this reduces the fund balance by$34,782. Revenues are very comparable to last year at this time;however, expenditures are much higher due to more inventory purchases. Pilot Knob Liquor Store: Expenditures exceeded revenues by$12,625 this month. With the $2,917 transfer to the General fund,this reduces the fund balance by$15,542. Revenues are very comparable to last year at this time;however, expenditures are much higher due to more inventory purchases. We also purchased new hardware and software for our credit card system. Sewer, Solid Waste, Storm Water,Water, and Street Light Utilities are all in line with where they should be at this time. The January revenue was reduced in order to move 2/3 of the revenue back to 2011. The February revenue was reduced to move 1/3 of the revenue back into 2011. This is a result of our quarterly billing cycle. In an effort to keep 12 months of revenue in each year,this may need to be adjusted for all enterprise utility funds. Graph: The graph shows that overall 2012 YTD fund balance slightly lower than the 2011 fund balance at this time. Respectfully submitted, Teresa Walters Finance Director 15 e Co$Q mm . 4 MK'5p3 EEMsPI H Pg ? p gdasn»gyp»� p m�� rr�mxRE� C SGaN��garsr � q mEg a C. 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DISCUSSION The VFW is requesting Temporary On-Sale Liquor Licenses for three fundraisers to be held on April 21, 2012,May 19,2012,and June 16,2012 at 421 Third Street. 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 REQUESTED Approve the attached applications for three Temporary On-Sale Liquor Licenses for the VFW for fundraisers on April 21,2012,May 19, 2012, and June 16, 2012. Respectfully submitted, Cynthia Muller Executive Assistant 23 t Minnesota Department of Public Safety 1;i4 K, At ALCOHOL AND GAMBLING ENFORCEMENT DIVISION ►' ::;? �"': ,0a ,fi' 444 Cedar Street Suite 133,St.Paul MN 55101-5133 (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 • W WW.DPS,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 .C7.0ii.:4sliv,9 lt' Y I-�• �7« J' L 6 4'!-4 6 0 as STREET ADDRESS CITY STATE ZIP CODE NILW OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE O ct5 -',c LIB (4,1 t{&G-40$1is 4.3,'t) 'ik..3••Sts 7L DATES LIQUOR WILL BE SOLD ie.- t/ -j A. 04 • • ORGAN ON CL TABLE RELIGIOUS OTHER_NONPROFIT ORGANIZATION OFFICER'S NAME • ,,• S • ORGANIZATION OFFICER'S NAME ADDRESS —70—,0: tt r, ORGANIZATIOI4'OFFICER'S NAME ADDRESS r 6-17 i 1' .�.B6-y mss: ' //#0›.:7;):45„ 714 Location license will be used. If an outdoor area,describe 4r- Pi's: �v.t' -vim 7 .. • • Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability Insurance? If so,please provide the cjer's name and amount of coverage. p.)5 ce w C.S; 4'171)1 S�*.S yC �� rG Dr✓• �� �:iiG rtr C'�!y J�Ocr •APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES • DATE FE&PAID • SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GABBLING 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 above, 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(03/06) 24 14t114•1\ Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION ;! •„�� � 444 Cedar Street Suite 133,St.Paul MN 55101-5133 ''• (651)201.7507 Fax(651)297-5259 TTY(651)282-6555 Aria WWW.DPS.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 c//all• devp ,fy y � 7� z 0P , 4//_o 9 0 aV.A.-- STREET ADDRESS . . •• CITY STATE ZIP CODE Nrok.W OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE Vo1L i745?— LI> (G>"') t{(vG- 4 Q ) 13 `7L DATES LIQUOR WILL BE SOLD .5 >i Q_ yz ORGAN ON CL ABLE RELIGIOUS OTHER_NONPROFIT ORGANIZATION OFFICER'S NAME A'av ciV-5/4g°2-h 7/1 Sri r.? fry',) y ORGANIZATION OFFICER'S NAME ADDRESS — 7.-7 PAa/A674 0P05114. 5'116-14 - ORGANIZATIOIfQFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe • qtr Pig %/�v.rr -v.*� 05� z •• • • • Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so,please provide the crier's name and amount of coverage. c'-, rswC• • M72)i5c lt2r4 (d i> - *r • APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT • CITY/COUNTY DATE APPROVED • • CITY FEE AMOUNT LICENSE DATES • DATE FEEPAID SIGNATURE CITY CLERK 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 above. 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(05/06) 25 • *� Minnesota Department of Public Safety � i>1 ALCOHOL AND GAMBLING ENFORCEMENT DIVISION ` 444 Cedar Street Suite 133,St.Paul MN 55101-5133 •+ '-� (651)201-7507 Fax(651)297.5259 TTY(651)282-6555 , . W W W.DPS.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 Sy/84i :G</A,,o .4r,g.." i7 'rI642 /-O 9 C>a STREET ADDRESS �• CITY STATE ZIP CODE /) N OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE • v c.t, ((5b c(6 °4417 ea-a) 3••3 `7L DATES LIQUOR WILL BE SOLD cy,•,1st_ s►.•- • ,ORGAN r ON CL :•••- 'fi. ABLE RELIGIOUS OTWERA'ONPROFIT ORGANIZATION OFFICER'S NAME s�• 't�r� C SrTOLh 7/I .f , ;I)) y ORGANIZATION OFFICER'S NAME 'ADDRESS �� I • p f41+j yL�1,r .a�1�i 1A ����eitt�r. Yrir•- s i'. p�f y'!l'y�"�-}u1711413t' OROANIZATIOIfOFFICER'S NAME ADDRESS .9,75.57 -/R6-• // 7 y z ! Location license will be used. If an outdoor area,describe • Will the•applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability Insurance? If so,please provide the ctirrjer's name and amount of coverage. cfr)5zesays✓C..a► 4'17i)15.0., ..0 ,ems�i'.— ev L-7/.c2 cv,ir aF • APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES i • DATE FEDPAID • • '• i l SIGNATURE CITY CLERK 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 above. 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(05/06) 26 �4 !!� %, City of Farmington r 430 Third Street 24 Ica Farmington,Minnesota \‘4 651,2R0.6800•Fax 651_280,6899 A°i0°' w%mei.LanllingL n7.nln.0 s TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: Second Amendment to Agreement to Acquire a TSI Portacount. DATE: March 19, 2012 INTRODUCTION: The portacount unit is shared by four cities for the purpose of frt testing of SCBA masks. DISCUSSION: The original agreement is dated July 7, 1998,Farmington entered into the agreement on June 21, 1999. The new agreement is for the purchase of a new portacount unit since parts are no longer available. ACTION REQUESTED: Approve Second Amendment as presented. Respectfully Submitted, Tim Pietsch Farmington Fire Chief 27 SECOND AMENDMENT TO AGREEMENT TO ACQUIRE A TSI PORTACOUNT THIS AGREEMENT("Second Amendment") is made this /57-P day of "le*re/7 , 2012, by and between the CITY OF APPLE VALLEY ("Apple Valley"); the CITY OF EAGAN ("Eagan"); the CITY OF FARMINGTON ("Farmington"); and the CITY OF ROSEMOUNT("Rosemount") (collectively referred to as the"Cities"). WHEREAS,the cities of Apple Valley, Eagan and Rosemount previously entered into an Agreement to Acquire a TSI Portacount dated July 7, 1998 ("Agreement"), which provided the sharing of costs and use of the TSI Portacount; WHEREAS, the Cities later entered into an Amendment to Agreement to Acquire a TSI Portacount dated June 21, 1999 ("Amendment"), which amended the Agreement to include the City of Farmington as a party to the Agreement; WHEREAS, the Cities desire to amend Paragraphs 2 and 3 of the Agreement to reflect their actual use of the TSI Portacount, as practiced by the Cities since the execution of the Agreement; and WHEREAS, the purchased TSI Portacount is no longer operable, and the Cities desire to purchase a replacement TSI Portacount. NOW,THEREFORE,the Cities hereby agree as follows: 1. The City of Apple Valley shall purchase a new TSI Portacount, and the Cities shall equally contribute to the cost thereof. 2. Paragraphs 2, 3 and 4 of the Agreement shall be deleted in their entirety and replaced with the following: 2. OWNERSHIP OF THE TSI PORTACOUNT. The TSI Portacount is owned jointly by the Cities. 3. USE OF PORTACOUNT. Apple Valley has purchased the new TSI Portacount on behalf of the Cities for use by the fire departments of the Cities. The device is used for testing the respirator fit for masks on self-contained breathing apparatus ("SCBA's"). Each City shall be entitled to three consecutive months of use and possession every calendar year. The Cities shall agree to each City's designated three-month period prior to January 1. In the event an agreement is not reached by January 1, the TSI Portacount shall be returned to Apple Valley Fire Station No. 1 and Apple Valley shall decide each City's designated three-month period. During each three-month period, one City shall maintain possession of the TSI Portacount and keep it in good operating condition. If a non- possessing City seeks to use the TSI Portacount, it may schedule reasonable use of the TSI Portacount for its respective fire department by contacting the possessing City through its fire chief. 4. FINANCIAL RESPONSIBILITY. Apple Valley, Eagan, Farmington and Rosemount have all made equal contributions in the amount of Two Thousand Nine Hundred Twenty-Five and 56/100 Dollars ($2,925.56) for the purchase of a new TSI Portacount and for the establishment of a fund for maintenance and any necessary replacements of the new TSI Portacount. Unless otherwise agreed by the Cities or unless Apple Valley withdraws from this Agreement, Apple Valley will maintain the new TSI Portacount and invoice all Cities in equal shares of the cost thereof. The Cities shall promptly remit the amount due to Apple Valley. 3. Except as specifically amended by this Second Amendment, the Agreement and Amendment shall remain in full force and effect. 4. EFFECTIVE DATE. Each City may sign a separate original of this Second Amendment and all the originals shall collectively constitute this Second Amendment. This Second Amendment shall be in full force and effect when all parties sign the Second Amendment. The signed Second Amendment along with a certified resolution authorizing the Second Amendment, shall be filed with the City of Apple Valley, which shall notify all Cities in writing of the effective date of this Second Amendment. • • 2 IN WITNESS WHEREOF,the parties have subscribed their names as of the day and year first above written. CITY OF APPLE VALLEY CITY OF EAGAN By: By: Mary Hamann-Roland,Mayor Mike Maguire,Mayor AND AND Pamela J. Gackstetter, City Clerk Christina M. Scipioni, City Clerk CITY OF FARMINGTON CITY OF ROSEMOUNT By: :. 1 By: Todd Larson,Mayor William H. Droste, Mayor f AND (),-144; F4� � / AND _David- NcK igh° ' Dwight Johnson, City Administrator City Administrator • 3 4_11/04.,,. City of Farmington „-, e 130 Third Street p ,.,- '�0 l armington,Minnesota � A � 651.280. 500•Fix 6S1?fi0.t5 9 w tiv titi:ci.tarmins,�t{n�.mn.uv TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: Appointment Recommendation,Fire Captain DATE: March 19,2012 INTRODUCTION/DISCUSSION: We are currently short one captain due to a vacancy by retirement.Interviews were conducted for the open position. Several candidates were interviewed. Upon completion of the interviews, Jeff Allbee was selected to fill the position. Jeff meets all the requirements set forth for time and training.Jeff is stationed out of Station 2. ACTION REQUESTED: Approve Fire Chief's request to appoint Jeff Allbee as a Fire Captain. Respectfully Submitted, Tim Pietsch Farmington Fire Chief 31 A City of Farmington ( 430 Third Street Farmington, Minnesota � . ;p"° 651,280.6400.Fax 651 250.6599 A° wwvwci Sam ingGm.nln.us TO: Mayor, Council and City Administrator FROM: Tim Pietsch,Fire Chief SUBJECT: Rescue Squad Membership DATE: March 19,2012 INTRODUCTION: The Rescue Squad is authorized to include up to 22 members. We are currently at 21 members. DISCUSSION: Dustin Dingman has agreed to join the Rescue Squad effective March 19,2012.He meets all the required guidelines set forth for time and training. This will bring our compliment to full force. Dustin is currently stationed out of Station 1. Dustin will be filling a vacancy created by a retirement. ACTION REQUESTED: Approve Fire Chief's request to include Dustin Dingman to become a Rescue Squad member. Respectfully Submitted, Tim Pietsch Farmington Fire Chief 32 �a�``�` i4�► City of Farmington /���� 430 Third Street i ". , --_`_ Farmington,Minnesota: 1� ? 1 651.280.6800•Fax 651.280.6899 ''" www.cilarminatonann.us TO: Mayor,Councilmembers and City Administrator FROM: Steve Arndt Streets&Utilities Supervisor SUBJECT: Annual Water System Operators Conference DATE: March 19,2012 INTRODUCTION&DISCUSSION Each year there is an Annual Water System Operators Conference for operators to renew their water licenses. The conference gives the attendees training and knowledge on new ideas and products used in the water field.This year the conference is held at the Ramada Mall of America Hotel in Bloomington on April 3-5, 2012. Under the job description for the City of Farmington each employee is required to have at least a class D water license.The licenses are valid for three years and depending what license a person has they need so many hours to renew their license.The conference is worth 16 contact hours. Steve Arndt,Bob Zwart&Jeff Jones are up for renewal this year and they need 16 contact hours to renew their water license. BUDGET IMPACT The cost of this conference is$175.00 per person and is provided for in the 2012 Water Department Budget. ACTION REQUESTED Authorize approval of this school and conference for Steve Arndt,Bob Zwart&Jeff Jones. Respectfully submitted, • .. . .- A -. Steve Arndt Streets&Utilities Supervisor 33 �� �R , City of Farmington ( 430 Third Street p' Farmington,Minnesota ` - .-r k 651.280.(800•Fax (51.280.6899 www.ciArrnington.mn.us TO: Mayor,Councilmembers, and City Administrator FROM: Todd Reiten,Director of Municipal Services SUBJECT: Adopt Resolution Approving Joint Powers Agreement with Dakota County DATE: March 19,2012 INTRODUCTION Dakota County is offering the City of Farmington an opportunity to partner on a one-day household hazardous waste(HHW)drop-off event. DISCUSSION Since 1985,Dakota County has partnered with cities to host one-day HHW drop-off events.Drop-off events are held annually in communities whose residents are less likely to be adequately served by The Recycling Zone in Eagan. By partnering with the County on a drop-off event in Farmington,the City is able to add another layer of value and service to the residents by providing a local opportunity to safely dispose of unwanted paints, solvents, and other HHW in addition to oil and oil filters,and automotive tires and batteries. The County will be responsible for providing equipment, staff,publicity outside of the Farmington area, and coordination and reimbursement of the disposal contractor. The County will also be responsible for delivery and sorting of waste. The County will provide personal safety equipment. The County is requesting that the City provide a site for the collection event, local publicity,a minimum often staff people, management of solid wastes and recyclables received during the collection, cardboard recycling,traffic coordination,and the collection and management of lead-acid batteries,used oil, and oil filters. This event will be at the Maintenance Facility on Saturday, September 8, 2012.The HHW portion of the drop-off will be open to Dakota County residents and automotive tires will be accepted from Farmington residents. The collection event will start at 9:00 am and end at 1:00 pm. BUDGET IMPACT Savings due to lower rates for appliances for Curbside Cleanup Days should allow the costs of the Household Hazardous Waste Drop-off Event to be absorbed in the 2012 Solid Waste Budget with minimal unanticipated impact. 34 JPA for HHW Drop-of March 19,2012 ACTION REQUESTED Authorize the City to enter into the Joint Powers Agreement with Dakota County. Respectfully submitted, Todd Reiten Director of Municipal Services 35 RESOLUTION NO. R12-12 APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of March, 2012 at 7:00 p.m. Members present: Larson, Donnelly, Fogarty, May Members absent: Bartholomay Member Fogarty introduced and Member Donnelly seconded the following resolution: WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and, WHEREAS, it is considered mutually desirable to hold a one-day household hazardous waste event in the City of Farmington; and, WHEREAS, the City of Farmington and Dakota County will share project responsibilities and jointly participate in the costs associated with the project as described in the agreement. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement with Dakota County for the following purposes: To share project responsibilities and jointly participate in the costs to hold a one-day household hazardous waste event in the City of Farmington as described in the agreement. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of March, 2012. I A Mayor Attested to the cPt day of March, 2012. City Administrator SEAL ATTACHMENT B JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FARMINGTON FOR A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION WHEREAS, Minn. Stat §471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS,Dakota County(County)is a political subdivision of the State of Minnesota; and WHEREAS,the City of Farmington(City)is a governmental and political subdivision of the State of Minnesota; and WHEREAS,the parties desire to conduct a one-day household hazardous waste and electronics collection event in the City. NOW,THEREFORE,in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement,the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of a one-day household hazardous waste and electronics collection event to be held in the City during 2012(EVENT). ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota(County)and the City of Farmington, Minnesota(City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until completion by the parties of their respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement ARTICLE 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to,in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 CONTRACTS WITH VENDORS. The packaging,analysis, storage transportation and disposal of household hazardous wastes and electronics generated by the EVENT shall be governed by the terms of separate contracts between the County and its vendors, copies of which will be provided to the City upon request. The packaging,analysis, storage,transportation and disposal of additional items collected by the City at the EVENT shall be governed by the terms of separate contracts between the City and its vendors, copies of which will be provided to the County upon request The County and the City acknowledge and agree to abide by the terms of said contracts. 5.2 SITE. The collection site for the EVENT will be located at the Farmington Maintenance Facility. 37 5.3 GENERAL DUTIES OF PARTIES. Each party shall assist in the organizational duties associated with the EVENT,including site set-up and coordination,volunteer coordination,and publicity for the EVENT. In general,the County will provide equipment,staff, publicity outside the City area and coordination and reimbursement of the disposal contractor(vendor). The County will be primarily responsible for collection and sorting of household hazardous waste and electronics. The County will provide personal safety equipment, including gloves, safety glasses and, as needed, protective aprons and/or coveralls for the County and City workers. In general,the City will provide a site at which the EVENT will take place, publicity for the purpose of advertising the EVENT,staffing for the collection,management of solid wastes and recyclables received during the EVENT, and, if planned,may also organize, collect, and properly manage additional items, such as tires, car batteries, used oil and oil filters, antifreeze,appliances, and scrap metal, received during the EVENT. The City will provide reimbursement to the disposal contractor(vendor)for all planned additional items collected.The City will be primarily responsible for cardboard recycling,traffic control and coordination, and the collection and management of lead-acid batteries, used oil, and oil filters. The City will provide necessary operational equipment at the site, fire extinguishers,forklift and forklift operator,dumpsters, chairs, directional signs, sanitary facilities and running water. 5.4 WORKERS. The County will provide at least five employees or volunteers to staff the collection site and the City shall provide at least 10 employees or volunteers to staff the collection site. All workers must be at least 18-years of age and will read and be familiar with the document entitled"Household Hazardous Waste Site Safety Plan" (HHWSP)prior to the EVENT. Each worker must sign a statement acknowledging that he or she is familiar with the HHWSP and that he or she will follow the proper collection procedures. The HHWSP shall be present and easily accessible to all workers at the site. 5.5. HAZARDOUS WASTE GENERATOR NUMBER. The County will act as the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the EVENT. ARTICLE 6 COSTS 6.1 EMPLOYEES. Each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 6.2 CITY'S COSTS. The City is responsible for the payment of the costs associated with the following: A. Supplying the operational equipment at the site,fire extinguishers,forklift,forklift operator, dumpsters, chairs,directional signs, sanitary facilities, running water, cardboard recycling,and traffic control and coordination. B. The collection, proper management and disposal of solid wastes, recyclables, and additional items received during the EVENT, such as tires, car batteries, lead-add batteries, used oil and oil filters,antifreeze, appliances and scrap metal. Disposal of these materials shall be governed by agreements between the City and the vendor(s)of its choice. C. The City may charge residents for planned and publicized additional items collected during the EVENT. Any fees collected must not exceed the City's anticipated costs for managing the additional items. 6.3 COUNTY'S COSTS. Except as to lead-acid batteries and used oil,the County shall be responsible for the payment of all costs for packaging, storage,transportation and disposal of household hazard waste and electronics collected at the EVENT. 2 38 ARTICLE 7 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party,its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn.Stat.ch.466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement,or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Lena Larson City of Farmington 430 Third Street Farmington, MN 55024 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement,the following persons are the designated liaisons: County Liaison City Liaison Laura Villa Lena Larson Telephone: (952)891-7548 Telephone: (651)280-6905 Email:laura.villa @co.dakota.mn.us Email: Ilarson @ci.farmington.mn.us ARTICLE 9 TERMINATION 9.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving 30 days'written notice, of its intent to terminate,to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement 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 Agreement prior to the effective date of termination. 9.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary,the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services 3 39 that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 • GENERAL PROVISIONS 10.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 10.2 EXCUSED DEFAULT—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 indude acts of God,acts of terrorism,war,fire,flood, epidemic,acts of civil or military authority, and natural disasters. 10.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately,and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 10.4 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 10.5 MODIFICATIONS. Any alterations,variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing,signed by the authorized representatives of the County and the City. 10.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 10.7 MERGER. This Agreement 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. 10.8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4 40 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)indicated below. APPROVED AS TO FORM: DAKOTA COUNTY By Assistant County Attorney/Date Lynn Thompson, Director K-12- Physical Development Division County Board Res. No. 12- Date of Signature: CITY OF FARMINGTON By Todd Larson, Mayor Date of Signature: By David McKnight, City Clerk Date of Signature: 5 41 ./ ,R t, City of Farmington ,, 430 Third Street a ' W Farmington,Minnesota ,� ; 4° 651.280.6800•Fax 651 280.6899 '�.,..�'O1O- WWW.ci.hdrrningt4m.nm.ub TO: Mayor, Councilmembers, City Administrator FROM: John Powers,Fire Marshal SUBJECT: Approve Interlocal Contract for Cooperative Purchasing with Houston-Galveston Area Consortium DATE: March 19,2012 INTRODUCTION Houston-Galveston Area Consortium(HGAC)application. DISCUSSION The Fire Department would like to enter into a contract for membership with HGAC for purchasing equipment. This contract is necessary to purchase the new fire engine and may be beneficial in other purchases the Fire Department will make. BUDGET IMPACT The cost of the membership is$1000.00 annually and will be charged to the City when the purchase is made. ACTION REOUESTED The Farmington Fire Department requests approval by Council to enter into a purchasing agreement with HGAC. Respectfully Submitted, John Powers Fire Marshal 42 cc ] ra40 6////g Gig HOUSTON-GALVESTON AREA COUNCIL April 25, 2012 City of Farmington David McKnight City Administrator 430 3rd St. Farmington, MN 55024 Dear Mr. McKnight: Enclosed you will find your original copy of the fully executed Interlocal Contract(ILC)which includes your assigned permanent ILC number. This number should appear on all future purchase orders, in addition to the H-GAC bid number for the product you are ordering. This number also serves as your Password for our website: HGACBuy.org. The ILC document is designed as a blanket purchase agreement for all products offered by H-GAC, and it remains in effect indefinitely unless canceled by either party. No annual renewal actions are required. This Contract covers all departments within your municipality/county/ district jurisdiction. It is activated only by your agency's issuance of Purchase Orders. We encourage you to use the H-GAC Cooperative Purchasing Program and avail yourself of the services we offer. We look forward to serving you. Sincerely, Contract Specialist Cooperative Purchasing Program Mailing Address Physical Address PO Box 22777 3555 Timmons Lane,Suite 120 Houston,Texas 77227-2777 Houston,Texas 77027 Phone 713-627-3200 Phone 713-827-3200 MAR-21-2012 10 39 CITY FARMINGTON 651 463 2591 P.02/04 • fiagicBuy rite sN rr l,u rN4s/If0 swum"? INI'ERLOCAL CONTRACT 1LC 1 ° 3 0 4 FOR COOPERATIVE PURCHASING No.: eon,ntNlumb�&sla 'by BOAC THIS INTE1.LOCAL CONTRACT("Contract"),made and entered into pursuant to the Texas Interlace!Cooperation Act,Chapter 791,Texas Government Code(the"Act"),by and between the Houston-Galveston Area Council,hereinafter referred to as"H-GAC," having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,and* Clty of Farmington , a local government, a state agency,or a nonprofit corporation created and operated to provide one or more governmental functions and services,hereinafter referred to as"End User,"having its principal place of business at*430 3rd St Farmington.MN 55094 WITNESSETHI WHEREAS,H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code;and WHEREAS,pursuant to the Act,H-GAC is authorized to contract with eligible entities to perform governmental functions and services,including the purchase of goods and services;and WHEREAS,in reliance on such authority,H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act;and. WHEREAS,End User has represented that it is an eligible entity under the Act,that its governing body has authorized this Contract on Mar 16,2012 (Date),and that it does to contract with H-GAC on the terms set forth below; NOW,THEREFORE,H-GAC and the End User do hereby agree as follows: ARTICLE l: LEGAL AUTHQRITY The End User represents and warrants to H-GAC that(1)it is eligible to contract with H-GAC under the Act because it is one of the following:a local government,as defined in the Act(a county,a municipality,a special district,or other political subdivision of the State of Texas or any other state),or a combination of two or more of those entities,a state agency(an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created and operated to provide one or more governmental functions and services,and(2)it possesses adequate legal authorltyto enter into this Contract. ARTICLE 2: APPLICABLE LAW4 H-GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules,regulations,and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT, This Contract and any attachments,as provided herein,constitute the complete contract between the parties hereto,and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD, year Jan 01,2012 The period of this Contract shall be for the balance of the fiscal ear of the End User,which began and ends* Dec 31,2012 . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program.End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order,in the form prescribed by H-GAC to a contractor having a valid connect with H-GAC. AU purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership(title)to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) c- --- C) MAR-21-2012 10 40 CITY FARMINGTON 651 463 2591 P.03/04 ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed.Upon delivery of goods or services purchased, and presentation of a properly documented Invoice,the End User shall promptly,and in any case within thirty(30)days,pay A-GAC's contractor the fill amount of the invoice.All payments for goods or services will be made from current revenues available to the paying party. In no event shall Il-GAC have any financial liability to the End User for any goods or services End User procures from an U- GAC contractor. ITICLE 7: CHANGES AND AMENDMENTS, This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions,or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. • ARTICLE S: TERMINATION PROCEDURES, H-GAC or the End User may cancel this Contract at any time upon thirty(30)days written notice by certified mail to the other party to this Contract. The obligations of the End User,including its obligation to pay H-GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract,until performed or discharged by the End User. ARTICLE 9: SEVE ILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract,which shall continue in full force and effect. ARTICLE 10: FORCE MANURE• To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes,stoppage of labor,riot,fire,flood,acts ofwar,insurrection, accident,order of any court,act of God,or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance,in such event,the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed;provided,however,force majeura shall not excuse an obligaion solely to pay funds. Determination of force majeure shall rest solely with 11-GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: City of Farmington• Houston-Galveston Area Council Nance of End User(local government,agency,or non-profit corporation) 3555 Timmo. _ .e,Suits f D.Houston,TX 77(127 • 430 3rd St, By or- Mailing Add : rexa •xecedve Director * Farmington MN 55024 City State ZIP Code Manager Signature ofchicfelected or appointed official Dom. f 'i 1 . 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U cc co a o a a a a a 0 0 o o I. L0 w o '' ea Vp Z P CO v 0 O) co N 0 N CO CO OD c`) N co ab P) ci) V c0 G C O gp: cc! cD O cc! M O cy O ,'-' aD O O co co O O N .- y C Ct 0 tD m co O N uj CO O) .0. Tt W th co O) eV- .0. co N a k O M CO M V C 0 a e- > E 1iN N N CU g O N °N p" J V ,N a cv m v a a a Y N �Ny Y O O O to O �i N N N Z t 0 0 0 N a !!R 4 City of Farmington 430 Third Street !tip Q Farmington,Minnesota > � "±� 651.2R0.6R00•Fax 651 280.6899 ... wwwc1.tarmingn munn.ux TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman,P.E., City Engineer SUBJECT: 2012 Seal Coat Project DATE: March 19,2012 INTRODUCTION/DISCUSSION Bids for street maintenance services were received by Burnsville on March 12th with the bid award expected to take place at the Burnsville Council meeting on March 20th. The following is a summary of our costs based on the bids received: Seal Coating Streets: $300,021.90 Seal Coating Parking Lots: $ 3,540.00 Crack Sealing: $ 18,213.00 Administrative Fee(1/2%of total cost): $ 1,608.87 Total: $323,383.77 The concept of"deferred maintenance", and the costs associated with deferred maintenance have been discussed several times in the past. The typical problem with discussions about deferred maintenance is that identifying the costs associated with it can be tricky since,by defmition, you didn't do it,therefore saying how much more it will cost to do it in the future is difficult. However, seal coating this year provides an excellent opportunity to compare the actual costs of the exact same work,and therefore provides a glimpse of the cost of deferred maintenance. As you are aware, in 2010, Council made the decision to delay seal coating for one year. Therefore, the seal coating that will be completed in 2012 is the exact seal coating that was scheduled to take place in 2011. By using the bids from last year, and comparing the total costs,we can accurately determine the cost of deferred maintenance on this project. Had we completed this work in 2011 as scheduled,the costs would have been: Seal Coating Streets: $281,101.60 Seal Coating Parking Lots: $ 3,304.00 Crack Sealing: $ 18,213.00 Administrative Fee(1/2%of total cost): $ 1,513.09 Total: $304,131.69 As you can see,the decision to delay seal coating for one year, increased the project cost. What this means is that the cost of deferring this maintenance for one year is $19,252.08. With an average increase of 6.3%,the cost of a project will double approximately every 11 years. 73 2012 Seal Coat Project March 19,2012 Page 2 of 3 For reference,the cost for this year will leave a carry-over balance of$26,616.23 going into next year. There will be a total of$376,616.23 available to cover costs for the 2013 Seal Coat Project. The estimated cost to seal coat in 2013 is$252,202.22. This estimate is based on the anticipated quantities for next year multiplied by the prices from this year inflated by the same percentage change from 2011 to 2012(6.3%). At a recent Council meeting, Council members asked how the actual costs compared to the estimates that were done when the City was trying to decide on the appropriate funding mechanism for seal coating. The following table summarizes the three different methods that were used to estimate the cost to seal coat for the next seven-year cycle: Year Method 1 Method 2 Method 3 Actual/Updated 2012 $ 360,526.21 $ 332,939.18 $ 320,034.56 $ 323,383.77 2013 $ 290,570.06 $ 275,368.79 $ 238,917.09 $ 252,202.22 2014 $ 347,480.65 $ 336,183.69 $ 292,412.13 2015 $ 353,823.53 $ 347,899.89 $ 307,639.77 2016 $ 307,583.16 $ 306,147.29 $ 290,930.50 2017 $ 579,547.90 $ 581,881.06 $ 561,076.37 2018 $ 403,336.52 $ 407,222.64 $ 395,587.70 Subtotal: $ 2,642,868.02 $ 2,587,642.52 $ 2,406,598.12 5%Contingency: $ 132,143.40 $ 129,382.13 $ 120,329.91 Total: $ 2,775,011.42 $ 2,717,024.64 $ 2,526,928.02 Annual with conting.: $ 396,430.20 $ 388,146.38 $ 360,989.72 Annual w/o conting.: $ 377,552.57 $ 369,663.22 $ 343,799.73 As you can see,based on bid results,the actual costs are falling in between Method 2 and Method 3. What this tells me is that our methods of determining estimated cost for seal coating are currently relatively reliable. It also tells me that there is a chance that prior to 2017,we may need to increase funding slightly for the program to cover the costs associated with that year. This statement is based on the comparison of annual cost without contingencies between Method 2 and Method 3. We are currently allocating$350,000 per year to seal coating,which means we will have allocated$1,750,000 to seal coating through 2016. From 2012-2016,Method 2 without contingencies,anticipates$1,598,538.84 in expenditures which leaves a carry-over balance of $151,461.16 for 2017 and 2018. For Method 3,the carry-over balance is$300,065.95. However, looking at 2017 and 2018,a carry-over balance of between$256,664.07(Method 3) and$289,103.70 (Method 2)will be necessary to fully fund the 7-year program. Based on this analysis, it is reasonable to assume that the total additional funding necessary to fully fund the seal coat project will be between$0 and$137,642.54 over the 7 year program. On the high end, this works out to $22,940 in additional funding per year for the remaining 6 years of the cycle. Please keep in mind that this analysis does NOT include contingencies. The attached chart provides a graphical depiction of the above-described possibilities. 74 2012 Seal Coat Project March 19,2012 Page 3 of 3 N N W En of O Ul O in O O O O O O O O O O O O O O O O O O O ffl O O O O O O O O O O O O O O O O O O N O N 0111 N O W 1 N 440100 O ER co O v -CO 40 cD I N O N N O EA Ui So O W V ' dP _ N .CO O CD O f?3 0 A O \ e O O CO N W O CO o N O v ,J rn . • N v O O CO fi9 N A N w IV I CO N A 0) r -n (D (n C C (D cn C c <o i m y o c m ) CI: -z Q + a + co m N W 75