HomeMy WebLinkAbout05.07.12 Council PacketCity of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OFALLEGL4NCE
3. ROLL CALL
4. APPROVE AGENDA
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Jason Bartholomay Christy Fogarty
Terry Donnelly Julie May
AGENDA
REGULAR CITY COUNCIL MEETING
MAY7,2012
7:00 P.M.
CITY COUNCIL CHAMBERS
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
Action Taken
S. ANNOUNCEMENTS COMMENDATIONS
a) Proclaim Historic Preservation Month Planning Proclaimed
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 (4/16/12 Regular) (4/30/12 Special) Approved
b) Adopt Resolution Accept Donations 2012 Spring Skating Festival Parks
and Recreation R19 -12
c) Approve Request to Waive Fees for 2012 Dew Days— Parks and Recreation Approved
d) Approve Request to Waive Rambling River Center Rental Fees Parks and
Recreation Approved
e) Appointment Recommendation Rescue Lieutenant Fire Department Approved
f) Appointment Recommendation Fire Lieutenant Fire Department Approved
g) Appointment Recommendation Fire Lieutenant Fire Department Approved
h) Appointment Recommendation Parks and Recreation Human Resources Approved
i) Appointment Recommendation Parks and Recreation Human Resources Approved
j) School and Conference Human Resources Approved
k) Approve Termination of Agreement with Midwest Mailing Systems, Inc.,
and Entering into a Two Year Agreement with Cannon Valley Printing to
Provide Mailing Services for the City News and Recreation Guide Human
Resources Approved
1) 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) Adopt Resolution Approve Fire Truck Purchase Fire Department
b) Adopt Resolution Approve Re- Allocation of Fundraising and Donation
Revenue Rambling River Center Parks and Recreation
11. UNFINISHED BUSINESS
R20 -12
R21 -12
12. NEW BUSINESS
a) City Council Item Review Process Administration Information Received
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 3
Proclaim Historic Preservation Month
2012 Heritage Preservation month proclamation 5
Approve Council Minutes (4/16/12 Regular)(4 /30/12 Special)
Minutes 6
Retreat Minutes 13
Adopt Resolution Accepting Donations to the 2012 Spring Skate
Festival
memo 15
resolution 16
Approve Request to Waive Fees for 2012 Dew Days
Celebration
memo 17
Approve Request to Waive Rambling River Center Rental Fees
memo 20
Appointment Recommendation Rescue Lieutenant
Memo 21
Appointment Recommendation Fire Lieutenant
Memo 22
Appointment Recommendation Fire Lieutenant
Memo 23
Appointment Recommendation Parks and Recreation
Council Memo Brausen pt Iiq clerk 2012 24
Appointment Recommendation Parks and Recreation
Council Memo Murphy pt Iiq clerk 2012 25
Schools and Conference Human Resources
S &C EmploymentLaw 2012 26
EMP Law Institute) 27
Approve Termination of Agreement with Midwest Mailing
Systems, Inc. and Entering into a Two Year Agreement with
Cannon Valley Printing to Provide Mailing Services for the City
News and Recreation Guide
Memo 31
Approve Bills
Bills 33
Adopt Resolution Approve Fire Truck Purchase
Memo Fire Truck Purchase 73
Interfund Loan Resolution 75
Purchase Agreement 76
Amortization Schedule 81
Inter -Fund Loan Agreement 82
Adopt Resolution Approve Re- Allocation of Fundraising and
Donation Revenue Rambling River Center
memo 85
1
resolution 87
City Council Item Review Process
Memo 88
2
2012 Preservation Month
Mayoral Proclamation
WHEREAS, historic preservation is an effective tool for managing growth and sus-
tainable development revitalizing neighborhoods, fostering local pride and maintain-
ing community character while enhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation,
both urban and rural, and for Americans of all ages, all walks of life, and all ethnic
backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the con-
tributions made by dedicated individuals in helping to preserve the tangible aspects of
the heritage that has shaped us as people; and
WHEREAS, "Discovering Farmington's Hidden Gem" is the City's local theme for
National Preservation Month 2012 and is cosponsored by the National Trust for His-
toric Preservation.
NOW THEREFORE, I, the Mayor of Farmington, Todd Larson do proclaim May
2012 as Preservation Month, and call upon the people of Farmington to join their fel-
low citizens across the United States in recognizing and participating in this special
observance.
Authorized Signature
,,?e,/,,
Date
COUNCIL MINUTES
REGULAR
April 16, 2012
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 7:00 p.m.
2. PLEDGE OFALLEGL4NCE
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; Cynthia
Muller, Executive Assistant
Audience: Ruth Novitzke, Virginia Carey, Tom Flanagan, Tom Jensen, Kay
Bennett, Mary Christensen
4. APPROVE AGENDA
Councilmember Bartholomay pulled items 7g) Amend On -Sale Liquor License Big
Sombrero and 7i) Approve Arena Use Agreement for comments. Mayor Larson pulled
item 7d) Accept Happy Harry's Furniture Donation for comment. City Administrator
McKnight pulled item 10b) Approve Re- allocation of Fundraising and Donation Revenue
to Future Rambling River Center Building and Grounds Improvements.
MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
Mr. Tom Jensen, 701 5 Street, thanked the City for re- seeding the boulevard along 5
Street, but the material underneath is bad with rocks and roots. He asked that the City not
re -seed until new material is placed. He asked what will be done when the grass doesn't
come up again. Property owners paid $6,000 and it should be done properly. They work
hard on their lawns, but the grass is not coming up. He asked the City to re -place the sod
and put dirt down first. Staff will review the issue. Mr. Jensen would like to see the
specs for the re- seeding project. If the specs were followed, then they need to be
changed. Mayor Larson noted this has been discussed and staff will be changing the
specs. Staff will review the sod on the project.
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Fogarty, second by May to approve the Consent Agenda as follows:
a) Approved Council Minutes (4/2/12 Regular)(4 /9/12 Workshop)
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Council Minutes (Regular)
April 16, 2012
Page 2
b) Received First Quarter 2012 New Construction Report Building Inspections
c) Received Local Storm Water Model Update/Extension Natural Resources
d) Adopted RESOLUTION R16 -12 Accepting Happy Harry's Furniture Donation
to Rambling River Center Parks and Recreation
Mayor Larson thanked them for their donation.
e) Approved Product Test Agreement with Toro Company Parks and Recreation
f) Received Information Hydrant Flushing Municipal Services
g) Amended On -Sale Liquor License Big Sombrero Mexican Restaurant
Administration
Councilmember Bartholomay suggested we charge a fee for license amendments.
h) Adopted RESOLUTION R17 -12 Approving All Hazard Mitigation Plan Police
i) Approved Arena Use Agreement Parks and Recreation
Councilmember Bartholomay noted staff did a great job on this item.
j) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Accept Rambling River Center Improvement Project Ceremonial Check
Parks and Recreation
In 2009, the old City Hall was converted into the Rambling River Center. Senior
center members and staff have held 39 fundraising events and have completed
their commitment. They had five years to reach their goal of $90,000, but
completed it in just over two years and raised $93,356.01.
c) Approve Farmington Youth Hockey Association Agreement Parks and
Recreation
Farmington Youth Hockey has agreed to pay $10,000 /year for ten years, with
$5,000 going to arena operations and $5,000 to capital improvements. In
exchange for this, FYHA will be moved up on the priority list for ice rental time
behind the City and the high school. Tri- County Figure Skating was not able to
match this contribution, so they will be 5 on the list for ice time.
Councilmember May stated at the last meeting staff was to draft an agreement
with FYHA and the school district with a timeline for funding. This agreement
has to do with scheduling. There is no way the figure skating club can come up
with this money. She asked if whoever gives more money gets priority. She also
asked if Mayor Larson and Councilmember Fogarty should vote because they
have children in the hockey program. Councilmember May suggested alternating
priority year to year. Parks and Recreation Director Distad noted the City was
approached by FYHA. This agreement is different from funding for a
dehumidification system. These funds will be used for both operations and
improvements to the arena and could be used for a dehumidification system.
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Council Minutes (Regular)
April 16, 2012
Page 3
Councilmember Fogarty noted these are two different issues. This item goes back
to when we did the arena improvements and FYHA offered to contribute to the
cost. She did not know if we should give priority to those who are able to pay
more. However, FYHA is the largest user and they have a vested interest in the
arena. They are getting priority because they are the largest user. They should be
at the front of the line and they conceded to the City and the school for priority.
Also, she and Mayor Larson do not need to abstain from voting as they are not
impacted financially.
Councilmember Donnelly asked about the number of hours used by the skate club
versus FYHA. Staff noted in 2011 FYHA used 750 hours; the skate club used 70
hours. Councilmember May felt this will kill the skate club program. It should
not be a matter if willingness to pay, but the ability. Staff stated FYHA has 314
members; the skate club has 14 members.
Councilmember May asked what happens if FYHA cannot pay. There should be
something in the agreement regarding non payment. MOTION by Bartholomay
to table this item to the next meeting to add language in the agreement. City
Attorney Jamnik stated the consideration for priority in scheduling is in exchange
for money. If there is no money, there is no priority. The City controls the
priority, so no additional language is needed. Councilmember Bartholomay
withdrew his motion. MOTION by Fogarty, second by Donnelly to approve the
agreement with FYHA to allow FYHA to have a higher priority of scheduling ice
rental time at the arena. Voting for: Larson, Bartholomay, Donnelly, Fogarty.
Voting against: May. MOTION CARRIED.
d) March 2012 Financial Report Finance
Revenues are at 16.37% of budget and expenses are at 19.9% of budget.
Revenues exceeded expenditures in the special revenue funds. Revenues
exceeded expenditures at the downtown liquor store by $25,053; and at the Pilot
Knob store by $54,477 this month.
Councilmember May noted in the Rambling River Center expenses always exceed
revenues. This year she wanted Council to determine an acceptable number for
this difference. She also asked that Council be provided with information on how
we track inventory at the liquor stores.
e) Adopt Resolution Approve Development Contract Riverbend 4 Addition
Engineering
The original plat for Riverbend had 23 lots. Due to a decrease in the size of the
lots plus a reconfiguration of the plat, there are now 31 lots. Staff will send
Council a copy of the new plat showing the reconfiguration. MOTION by
Fogarty, second by Bartholomay to adopt RESOLUTION R18 -12 approving the
execution of the Riverbend 4 Addition Development Contract and authorizing its
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Council Minutes (Regular)
April 16, 2012
Page 4
signing contingent upon the conditions and final approval by the Engineering
Division. APIF, MOTION CARRIED.
f) Approve Agreement with Dakota County for Utility Permits Engineering
Several cities and Dakota County have been working on a combined utility
permitting system that would allow applicants to go to the County's website and
apply for both City and County permits for utilities. Each participating City will
pay a one -time fee of $2,000 to the County to reimburse them for staff time
necessary to make the changes that were required to the County's permitting
system. The City will also pay an annual fee of $533.33 to cover the cost of the
County processing permits as well as hosting and maintaining the system. This
fee is based on the average number of permits expected from participating cities
each year.
Councilmember May asked if this increases the overall cost and how do we cover
the County fee. City Engineer Schorzman explained this saves us time and we
charge $80 /permit. The time savings will cover the cost of the fee. We have the
lowest utility fee in the county and we will be adjusting our fee schedule.
Councilmember Bartholomay asked what we received in revenue last year for
utility fees. The City received $5,200 and we will not lose that. Our fee would be
$533 /year so we will still collect $4,700 in revenue. The City will still review and
approve the permits. If the City were to do this on our own, it would cost five to
10 times as much.
MOTION by Fogarty, second by Donnelly to approve the agreement with Dakota
County for the "One Stop Permit System." APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
a) Approve Second Amendment to Dispersing Agreement Vermillion River
Crossings Engineering
This amendment sets forth the agreement for the disbursement of the interest
portion of the escrow. The City will receive all funds designated as interest
($202,160.93), and in exchange, the City will issue a Certificate of Completion to
the current owner. The owner would no longer be obligated to any of the
requirements of the development contract. If Council approves this amendment,
staff would recommend completing the sidewalk on the west side of Dushane
Parkway between the CDA project and McDonald's at a cost of $40,000
$50,000; intersection lighting for $75,000 $100,000; future sidewalk/trail work
for $50,000 $55,000.
Councilmember May asked where this money is coming from. City Engineer
Schorzman explained there is $1 million in escrow from the developer for
amenities for the original construction. When it was time to complete Dushane
Parkway, that was completed using $850,000 from the escrow. There is now
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Council Minutes (Regular)
April 16, 2012
Page 5
$202,000 remaining in escrow. The bank now owns the property and they are
asking for the City to say they are done with the development contract.
Councilmember Fogarty asked about the shortage on the original amenities. Staff
explained there were a lot of amenities in the original contract such as washed
concrete, median landscaping, bike racks, etc.
Councilmember May asked if these were in the development agreement, how is it
not enforceable. City Attorney Jamnik noted the amenities were not included in
the approved drawings with the development contract. Councilmember Fogarty
recalled as they went through the bankruptcy, some amenities fell through so as to
not commit City staff to maintenance.
Councilmember May thought Council was to get an update from the developer.
Now we are taking the money and they can wash their hands. She has heard
nothing from the owner and would like to table this for more information from the
owner. She would like to hear about any prospects, is there anything in the near
future, what are their plans, etc. She felt Council does not have enough
information to not hold them accountable for future assessments. City Engineer
Schorzman explained staff had a meeting with the developer and was told no one
buys land when it is tied to a development contract. It is understandable Council
wants to get as much out as possible, but we have $202,000 and that's it. Staff
agreed assessments are a big issue, but no matter what, $202,000 is the limit. The
money would be set aside.
Councilmember Bartholomay asked that Council be provided with the original
development contract. What are the pro's and con's for the assessments and does
the decision to approve the agreement make the situation better or worse. City
Engineer Schorzman explained this agreement sets up the mechanism for them to
waive their rights to the assessment. Adding to the assessment makes the problem
worse. The $1 8 million owed in assessments is not forgiven. The large parcel
has assessments for $1.478 million and the outlot along CSAH 50 has $306,000 in
assessments. If the City requires the developer to fulfill more than $202,000 it
will make the assessment number bigger. Staffs recommendation is to keep it at
$202,000. The assessments are not going away; they are deferred. If the large
parcel is developed, there would be a new development contract and installation
of the sidewalk in that area can be included.
Councilmember May asked why are we taking responsibility off the developer.
City Attorney Jamnik explained in 2009 the developer went into default. Nothing
was done for two seasons so the City got direct access to the dispersing agreement
for Dushane Parkway. The City built that road using those funds. We now need
to negotiate further what needs to be done to close out the project. That is what
this is; that we agree we can complete the rest of the project for $202,000 and the
developer is free and clear.
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Council Minutes (Regular)
April 16, 2012
Page 6
Councilmember Bartholomay asked if we approve this, can we make a concept
plan to attach to future development. Staff stated the sidewalk can be a similar
design, and have lighting at intersections and show that on the plans and what we
want done on the outlots to dress them up.
Councilmember May wanted to hear more from the owner. Her option is to do
nothing. City Administrator McKnight noted staff has met with the developer and
he will ask them to attend an EDA meeting.
Councilmember Fogarty felt it would be beneficial for Council to see the original
concept plan. The design was to be a walkable area. Staff will provide the
original contract and design to Council. Mayor Larson asked what they would
have to do to finish the project. Staff noted that would be whatever Council wants
completed. The escrow money would be used for this. MOTION by May,
second by Bartholomay to table this item until Council hears from the interested
parties. APIF, MOTION CARRIED.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Donnelly: Thanked the volunteers at the Rambling River Center for
their fundraising accomplishment.
Councilmember Fogarty: Hydrant flushing started today. Curbside clean -up starts
Saturday. Last Saturday the Farmington Royalty had a spaghetti dinner and raised
$2500. Dew Days buttons will be on sale as of Friday. Residents can receive discounts
from businesses for wearing a button.
Councilmember Bartholomay: Thanked the Rambling River Center volunteers. At
their retreat Council will be discussing the train whistle issue and he would like to receive
resident input. As far as liquor store inventory, he would like to look at accurate
numbers. Staff should update the old ways and take a hybrid approach and combine
business acumen with a financial approach. Regarding curbside clean -up he asked if any
comments had been received regarding refrigerators not being secured. Owners should
take the doors off. Residents can sign up for the Citizens Police Academy by May 4,
2012. On April 18, 2012, Magnificent Me Day Care will hold a ribbon cutting. There
will be a ribbon cutting at Pellicci Ace Hardware on May 3, 2012. As a Marine vet, he
wanted to thank the high school students for forming a high school yellow ribbon
chapter.
Councilmember May: Thanked the seniors for their fundraising efforts. She asked
if any more planning has been done regarding the old Rambling River Center. City
Administrator McKnight noted staff will be obtaining a second estimate on abatement
and will put the building up for sale.
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Council Minutes (Regular)
April 16, 2012
Page 7
City Engineer Schorzman: Due to the weather and curbside clean -up, work on Walnut
Street will be delayed until next week. Regarding the Lake Julia parking lot project, staff
is applying to the Vermillion River Watershed for storm water treatment in the area.
Educational signs will be posted.
Mayor Larson: Thanked Happy Harry's Furniture for the donation of $691 to the
Rambling River Center. Dakota County Lumber will have a deck expo April 26, 2012.
Curbside clean -up this Saturday is in the downtown area. He encouraged residents to
shop local.
14. ADJOURN
MOTION by Fogarty, second by Bartholomay to adjourn at 8:48 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
12
City Council Retreat Minutes
April 30, 2012
Mayor Larson called the meeting to order at 6:02 p.m.
Present: Larson, Bartholomay, Donnelly, Fogarty, May
Also Present: David McKnight, City Administrator
MOTION by Fogarty, second by Donnelly to approve the agenda. APIF, MOTION
CARRIED.
The City Council reviewed the goals that were set by previous City Councils and the current
goals that were set for the City Administrator for 2012. The City Council discussed many
different issues when it came to possible goals and City issues for 2012 and 2013. The following
framework and goals were set for 2012:
Framework
1- Increase commercial/industrial development and redevelopment.
2- Develop a short term (two year) work plan.
3- Continually work on good communication both inside and outside the organization.
4- Provide a positive work environment for staff.
5- Develop a mid -long term (five to ten years) work plan.
6- Improve teamwork.
7- Promote and maintain citizen involvement and volunteerism.
As a part of developing the short term work plan, the City Council looked at the goals set for the
City Administrator and set very similar Council goals for the next two years. These goals
include:
2012/2013 Goals
1-Successful 2013/2014 budget process.
Timeline moved up
CIP included
2- Completion of liquor store review
Include inventory process
3- Economic development team progress
4 -2013 new council orientation/LMC orientation
5- Continue organizational review
6 -Work on all inclusive, positive culture change
Improved tone and respectful meetings
7 -City hall space use
8 -2013 union negotiations/PTO and merit pay projects
9 -City Council item review options
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City Council Retreat
April 30, 2012
Page 2
MOTION by Fogarty, second by Bartholomay to adjourn at 8:17 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
David McKnight
City Administrator
14
4
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6400 Fax 651 280.6899
w ww ci. farmi ngno m.mn.LLs
TO: Mayor, Councilmembers and City Administrator
FROM: Jeremy Pire, Facilities Maintenance Supervisor
SUBJECT: Adopt Resolution Accepting Donations to the 2012 Spring Skate Festival
DATE: May 7, 2012
Introduction
Donations totaling $116.80 were received for the 2012 Spring Skate Festival that was held at
Schmitz -Maki Arena on Saturday, March 31, 2012. The money donated was used to cover a
portion of the event's costs.
DISCUSSION
A donation of $15.00 was received from Murphy Mittens/Dani Designs from the sale of items at
the 2012 Spring Skate Festival.
A donation of $91.80 was received from Shirts on Site from the sale of items at the 2012 Spring
Skate Festival.
Staff will communicate the City's appreciation on behalf of the Council to these two businesses
for their generous donations.
ACTION REOUESTED
Adopt the attached resolution accepting the donations for the 10 Annual Spring Skate
Competition from Murphy Mittens/Dani Designs and Shirts on Site.
Respectfully Submitted,
Jeremy Pire
Facilities Maintenance Supervisor
15
2,Z
ACCEPT DONATIONS TO THE 10 ANNUAL SPRING SKATE FESTIVAL
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 7 day
of May 2012 at 7:00 p.m.
Members Present: Larson, Bartholomay, Donnelly, Fogarty, May
Members Absent: None
Member Fogarty introduced and Member Bartholomay seconded the following:
WHEREAS, Murphy Mittens/Dani Designs donated $15.00 and Shirts on Site donated
$91.80 to cover a portion of the event costs associated with the 10
Annual Spring Skate Festival; and,
WHEREAS, it is required by State Statute and it is in the best interest of the City to
accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
with gratitude the generous donation of $15.00 from Murphy Mittens/Dani Designs and
$91.80 from Shirts on Site to the 10 Annual Spring Skate Festival.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 7 day of May, 2012.
Attested to the day of May, 2012
SEAL
RESOLUTION NO. R19 12
Mayor
e. e 4 LqJ
City Administrator
City of Farmington
430 Third Street
Farmington, Minnesota
651.2R0.6S00 Fax 651.280,6899
www.ci.iarrningt4n rnn.u..s
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Request to Waive Fees for 2012 Dew Days Celebration
DATE: May 7, 2012
INTRODUCTION
Permits and facility rental fees would normally be required for events related to the 2012 Dew
Days celebration.
DISCUSSION
The Dew Days Committee is requesting that the City Council waive the fees for the permits and
facility rental fees required for the Dew Days celebration. Council has approved the waiver of
these fees in past years.
BUDGET IMPACT
It is anticipated that based on the preliminary activities schedule for the 2012 Dew Days
celebration, there would have been $2,663.00 collected if permits and facility rental fees were
required. The permit and facility rental fees for the Dew Days celebration were not budgeted as
revenue in the City's 2012 budget.
ACTION REQUESTED
Approve the request to waive the permit and facility rental fees for the 2012 Dew Days
celebration.
Respectfully submitted,
Randy Distad
Parks and Recreation Director
17
7�
The following is a listing of events, sponsors and the established fees for each event which either
requires a permit or a facility rental form:
Exhibition Temporary Outdoor (Ord 3 17 4) 2012 Fee $15.00
Name of Event
Bean Bag Tournament
Kiddie Parade
Bean Bag Tournament
BBQ Rib Cook -Off
Stage Entertainment
Grand Day Parade
Pizza Eating Contest
Pie Eating Contest
Car Cruise and Show
Bed Races
Kids Big Wheel Races
Family Fun Day
Chalk Drawing Contest
Hula Hoop Contest
Bubble Blowing Contest
Family Fun Event
Crazy Hair Face Painting
Nut and Bolt Toss
Synergy Dance
Art Fair and Business Expo
Concessions
Concessions
Concessions
Concessions
Concessions
Concessions
Pancake Breakfast
2012 DEW DAYS PERMITS
Sponsor
Dew Days Committee
Dew Days Committee
Dew Days Committee
Farmington Independent
Dew Days Committee
Dew Days Committee
Pilot Knob Pizzeria
Farmington Bakery
Dew Days Committee
Dew Days Committee
Dew Days Committee
North Farmington Businesses
Janie's Hometown
Olympus
Hiekkila Studios
Our Family Foods
Angel2Diva
Pellicci Hardware
Synergy Dance Studio
19 Events $15.00 $285.00
Transient Merchant Permit (Ord 3 -18 -1) 2012 Temporary Fee (a, $45.00 Each
Name of Event Snonsor Location of Event
Flavors of Farmington Dew Days Committee Rambling River Park
Beer, Brats and Bingo Dew Days Committee Rambling River
Center Garage
Dew Days Committee Downtown
Kettle Korn Downtown
Schroeder Downtown
VFW Downtown
Pizza Man Downtown
Lion's Club Downtown
Miss Farmington Candidates Downtown
Farmington Masons Downtown
10 Events $45.00 $450.00
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Location of Event
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Farmington
Market Place
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Name of Event
Beer and Bingo
Showmobile
Flavors of Farmington
City Facility 2012 Rental Fees
Sponsor
Dew Days Committee
Dew Days Committee
Dew Days Committee
Three Facilities Rented $1,928.00
Total Amount of Fees Waived for 2012 Dew Days Celebration $2,663.00
19
Location Fee
Rambling River 660
Center Garage
Fourth and Oak Street $1,000
Rambling River Park 268
Shelter /Grounds
City of Farmington
430 Third Street
Farmington, Minnesota
651,280.6400 Fax (5L280.6899
w +vw.ci.i arrningL4 m.nm.us
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Request to Waive Rambling River Center Rental Fees
DATE: May 7, 2012
INTRODUCTION
A facility rental fee would normally be required for an event planned to be held in May 2012 at
the Rambling River Center.
DISCUSSION
Farmington Yellow Ribbon Network, Farmington American Legion, and the Farmington
Veterans of Foreign Wars, which are three non -profit organizations, are planning to have an
event for 2012 graduates of Farmington High School who are planning to enter the military. The
event is to celebrate the students joining the military. The event will also include family
members and military recruiters who have worked with the upcoming graduates to join the
military.
This event is being planned to be held in the Banquet Room at the Rambling River Center on
May 23, 2012, with a backup alternate date of May 21, 2012. Both dates are currently available
to rent. The three non -profit organizations identified above are requesting the City Council waive
the rental fee for this event to be held at the Rambling River Center.
BUDGET IMPACT
The normal rental fee for this event based on the current 2012 fees would be $150 for the rental
and a $100 cleaning fee for a total rental fee of $250. The groups requesting to have the fee
waived have indicated they are willing to clean up the Banquet Room after their use.
ACTION REOUESTED
Approve the request to waive the rental fees at the Rambling River Center for the event planned
in May for the 2012 Farmington High School graduates who are entering the military.
Respectfully submitted,
Randy Distad
Parks and Recreation Director
20
71
City of Farmington
430 Third Street
Farmington, Minnesota
651.280_6800 Fax 651250.699
wwvw ci.iartninguntnin_ux
TO: Mayor, Council and City Administrator
FROM: Tim Pietsch, Fire Chief
SUBJECT: Rescue Lieutenant
DATE: May 7, 2012
INTRODUCTION:
Rescue Lieutenants appointment.
DISCUSSION:
This position was posted for 30 days. One candidate replied to this posting. Mike Wise was
chosen to fill this position. Mike has held this position for some time. Mice meets all the
requirements set forth for time and training.
ACTION REQUESTED:
Approve Fire Chiefs request to appoint Mice Wise as Rescue Lieutenant.
Respectfully Submitted,
Tim Pietsch
Farmington Fire Chief
21
7�
TO: Mayor, Council and City Administrator
FROM: Tim Pietsch, Fire Chief
SUBJECT: Fire Lieutenant
DATE: May 7, 2012
INTRODUCTION:
Fire Lieutenants appointment.
DISCUSSION:
With the recent promotion of a Lieutenant to Captain at Station 2, we are short one Lieutenant at
Station 2. The position was posted for 30 days. Mark Arens was picked to fill this position. Mark
meets all the requirements set forth for time and training. Mark has a wealth of knowledge and
has over 15 years experience in the fire service.
ACTION REQUESTED:
Approve Fire Chief's request to appoint Mark Arens to Fire Lieutenant.
Respectfully Submitted,
Tim Pietsch
Farmington Fire Chief
City of Farmington
430 Third Street
Farmington, Minnesota
651.2RO.6H00 Fax 651.280,6899
w w
22
7f
TO: Mayor, Council and City Administrator
FROM: Tim Pietsch, Fire Chief
SUBJECT: Fire Lieutenant
DATE: May 7, 2012
INTRODUCTION:
Fire Lieutenants appointment.
DISCUSSION:
The position was posted for 30 days. Interviews were conducted for the open position. Several
candidates were interviewed. Andy Skluzacek was selected to fill this position. Andy meets all
the requirements set forth for time and training. Andy was chosen to fill this position due to a
promotion in 2011. Andy is stationed out of Station 1.
ACTION REQUESTED:
Respectfully Submitted,
Tim Pietsch
Farmington Fire Chief
City of Farmington
430 Third Street
Farmington, Minnesota
651.280_6R00 Fax 651.280.6899
w WWci.lsrcnin3t4 m.m1U.1
Approve Fire Chief's request to appoint Andy Skluzacek to Fire Lieutenant.
23
TO: Mayor, Councilmembers, and City Administrator
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: Appointment Recommendation Parks Recreation (Liquor)
DATE: May 7, 2012
INTRODUCTION
The recruitment and selection process for the appointment of a part-time liquor store clerk, to fill a
vacancy in the Park Recreation Department, has been completed.
DISCUSSION
After a thorough review by the Parks Recreation Department and the Human Resources Office, a
contingent offer of employment has been made to James Brausen, subject to ratification by the City
Council.
Mr. Brausen has customer service and previous liquor store experience and he meets the
qualifications for the position.
BUDGET IMPACT
Mr. Brausen's starting wage will be $10.45 per hour which is the beginning step of the salary range
for this position (Salary range: $10.45 $12.23). Funding for this position is authorized in the 2012
budget.
ACTION REOUESTED
Approve the appointment of James Brausen as a part-time liquor store clerk in the Parks
Recreation Department effective on or about May 8, 2012.
Respectfully submitted,
Brenda Wendlandt, SPHR
Human Resources Director
cc: personnel file
City of Farmington
430 Third Street, Farmington, MN 55024
(651) 280-6800 Fax (651) 280 -6899
www.cLfarmington.mn.us
24
7 4
TO: Mayor, Councilmembers, and City Administrator
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: Appointment Recommendation Parks Recreation (Liquor)
DATE: May 7, 2012
INTRODUCTION
The recruitment and selection process for the appointment of a part-time liquor store clerk, to fill a
vacancy in the Park Recreation Department, has been completed.
DISCUSSION
After a thorough review by the Parks Recreation Department and the Human Resources Office, a
contingent offer of employment has been made to Vicky Murphy, subject to ratification by the City
Council.
Ms. Murphy has customer service and previous liquor store experience and she meets the
qualifications for the position.
BUDGET IMPACT
Ms. Murphy's starting wage will be $10.45 per hour which is the beginning step of the salary range
for this position (Salary range: $10.45 $12.23). Funding for this position is authorized in the 2012
budget.
ACTION REQUESTED
Respectfully submitted,
Approve the appointment of Vicky Murphy as a part -time liquor store clerk in the Parks
Recreation Department effective on or about May 8, 2012.
Brenda Wendlandt, SPUR
Human Resources Director
cc: personnel file
City of Farmington
430 Third Street, Farmington, MN 55024
(651) 280 -6800 Fax (651) 280 -6899
www.d.farmington.mn.us
25
2,
1
INTRODUCTION
DISCUSSION
Brenda Wendlandt, SPHR
Human Resources Director
cc: file
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6400 Fax 65L280.6899
vu +vu.ci .1 armingu m.mn.uv
TO: Mayor, Councilmembers, and City Administrator
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: School and Conference Human Resources
DATE: May 7, 2012
The annual Upper Midwest Employment Law Institute for Human Resource Professionals and
Attorneys is planned on being attended by Brenda Wendlandt on Monday and Tuesday, May 21
and 22, 2012.
The Employment Law Institute provides Human Resource professionals the opportunity to
attend seminars on the latest developments in employment law. The conference is designed to
increase the skills and knowledge of the participants by offering continuing education and
resources regarding workplace issues; and provides continuing education credits to maintain
various professional certifications. It is also an opportunity for attendees to participate in peer
discussions about the challenges public employers face when dealing with a wide range of
complex employment law issues.
BUDGET IMPACT
The cost of this conference is $695.00 per person and is provided for in the 2012 budget.
ACTION REQUESTED
Approve attendance for Brenda Wendlandt to attend the 2012 Upper Midwest Employment Law
Institute.
Respectfully submitted,
26
7:00 8:00 a.m.
CHECK -IN 8 CONTINENTAL BREAKFAST
8:00 8:10 a.m.
WELCOME 8 INTRODUCTION
0 AiN PLEN ARY S SS1O
1. New Title VII Developments
The important recent cases and what they mean
to your practice.
Katherine L. Butler
Butler Harris
Houston, Texas
2. An EEOC Update
New developments, directions, and enforcement
initiatives.
Peggy R. Mastroianni
Legal Counsel
U.S. Equal Employment Opportunity Commission
Washington DC
3. The View From D.C. The Government
Regulatory and Enforcement Agenda
An important look into the changes coming out of
the D.C. agencies including new regulatory and
enforcement initiatives and shifts in policy by the
DOL and the NLRB.
David S. Fortney
Fortney Scott, LLC
Washington DC
10 Expensive Mistakes Employers Make in
Handling Employee Complaints
When an employee complains to their employer, they
are beginning a process that can end in increased
trust and engagement at best, or litigation at worst.
How employers respond to employee complaints
determines whether the complaint will be an
opportunity for growth or an expensive drag on
organizational resources. This session will focus on
the ten most expensive missteps employers typically
make in the face of an employee complaint.
Fran A. Sepier
COLOR KEY:
Basi
;Advisors i ii- House;Counsel
Sc hool
002 Back by Popular Demand!
Leave for Military Personnel and
Their Families
Wood
�03
Toxic Assets:
How Bullies Impact the Workplace
Stenmoe 8 Strauss
004 Repeated at #903
Religious Beliefs, Conflict, and
'Accommodation: Keeping the Peace
$chanhe/d
005
Salespeople Can't Live With Them
Can't Live Without Them: Managing,
Disciplining and Firing the Salesperson
fflaphen Schaefer
27
tl
101
Screen'htg_Precticos Under Attack
What Can Employers Use to Make Hiring
Decisions?
Bremar.
102 Repeated at #902
Mental Disabilities in the Workplace:
How Does an Employer Respond Under
the ADAM
Huntrods
103
Bullies in the Workplace, Part 2
How an Employer Can Effectively Respond
Clowser, Strauss, Wittenberg
Stenmoe (moderator)
104
The Perils of Using Smart Phones, (Pads and
Other Mobile Devices in the Workplace
McGuire
105
Title VII An In -Depth Update
Butler, Schmitt
r. ,NWS,K+t23?... -*Ya"
301
WDjkplai a Investigation Basic's.From
.Start to Flgish
'202
When Does the FMLA Appiy?
'Real -World Hypotheticals and Answers
Anderson, Reddatz
203
'The $ocial'Modia Revolution on Steroids
Meet Googly Shocldng Facebook Apps, and
,•Unusual Social Modia Sites
Martin, Shelh
204
20, More Bothersome Employment Law
,Questions —'From New Law to Tough Everyday
Issues
Mrkonich
;205"
The Inlniigretian Compliance Trifecta:
I Audits, SSN No- Matches and E- Verify
Myers, Wright
206
Age`Qiscritaination issues That Arise From
Reductions In Force
Brandt, SnydBr
302
The Price of Miscommunication
When Employee Notification or Employer
Response Don't Meet FMLA Requirements
Papacek Kovach, Sampson
303
The Top 7 Mistakes Made by Employers in
Drafting Handbooks and Handbook Policies
Harris
304 2-hour session
How to Discipline and Discharge Without Disaster
Boisvert, Lawler, Raphan
305 Back by Popular Demand!
Hiring an Employee With a Non Compete
Agreement Including the Latest Cases, Trends,
Traps and Strategies
Oberman
28
a.. _'d:rr.�e�+.s,.:niS *.�J }'xG x�."?+ 421: k,., 1[:" ri^ d` iC<' t^_`.r` •'.`I1 ..ii ,3 YtG?a.
14:00, ;5'60 p'tn.
RFAKOUT SESSiQN E
401
Top 10 Mistakes Employers Make When
Dealing With Pregnant Employees
Smith
402
FMLA Leave Medical and Other Certifications
Thames
403
Subtle Discrimination and Micro Inequities
Sep/er
404
Are They Really Independent Contractors?
Enforcement Trends and Bast Practices to Avoid
Misclassification
DaCoste, Mick
5:00 .m.
p Reception
8
7:00 8:00 a.m.
CONTINENTAL BREAKFAST
8:00 8:10 a.m.
WELCOME 8 INTRODUCTION
1. The Minnesota Update
New Minnesota legislation, regulations and cases.
Ellen G. Sampson
2. EEOC Investigations and the Current Use of
Subpoena Power
Commissioner Victoria Lipnic updates you on the
EEOC's current use of its subpoena power why,
when and how subpoenas are used and how to
raise objections to a particular subpoena.
Honorab /e Victoria A. Lipnic
Commissioner
U.S. Equal Employment Opportunity Commission
Washington DC
3. EEOC Action in the Area of Religious
Discrimination
Commissioner Chai Feldblum updates you on
EEOC activity in this area, including key cases.
Honorable Chai Feldblum
Commissioner
U.S. Equal Employment Opportunity Commission
Washington DC
4. Other Important New Federal Developments
Other new developments in federal employment
law including new U.S. Supreme Court cases,
new ADEA regulations, arbitration developments,
NLRB developments and more.
Paul J. Zech
Real -Life ADA Case Studies
A panel of experienced management attorneys
discusses practical approaches for dealing with
challenging real -life workplace disability cases,
including both physical and mental disabilities. Topics
will include assessing whether an impairment is a
"disability," conducting the interactive process, and
exploring reasonable accommodations.
Robert C. Boisvert, Jr., Katherine A. Lawler
Penelope J. Phillips
COLOR KEY:
Basics
Advisors In -House Counsel
'School
bA
FMLA
School
502
Out of the Frying Pan and Into the
Fire: Managing the Leave Process
After FMLA Leave Is Granted
Clark, Clowser
,503 Repeated at #904
Give Me a Break: Nettlesome Problems
With Meal, Rest, and Other Break Times
Krakow
,504
Negotiating Separation Agreements:
,A Mock Negotiation
Noecker, Outten
hrt'I.
School
0
505
Global Employment Law Update
An Entertaining Look at the
Unusual, Surprising and Difficult
Legal Developments in the
Countries in Which Your Company
Does Business
Garofalo, Sarche4 Symecko
1:25 -12:20 }p,.
BREAKOUT.SESSIOM G
601 Repeated at 901
How to Respond When the Government
Serves a Charge of Discrimination
Tarkow
602
Get Back to Work:
Reinstatement Rights Under the FMLA
Lehmann
603 Repeated at 803
Employees Gone Wild!
Esckllsen, Michael, Omodt Shaheen
Ginsburg (moderator)
604
Social Media Workplace Cases Studies:
A Panel Discussion
Burgess-Peel, Philips, Vasichek
Boisvert (moderator)
606
Expatriate Employment Agreements
Strategies and Considerations
Outten, Radolinski
605
The 15 Most Important Non Compete Cases
What Every Employment Lawyer Should
Know
Hammell, Roe
EOc Update In ,Depth I nsights on ADA Leave' Complexities and,Other;Hot Topics
sI i uin iiidn
evin fmod #rator7'
702
Practical Guidance on the Intersection of the
FMLA With Other Laws and Company Policies
lilllps
,703
Employment Law as Applied to
Churches, Educetionai hustitutlons and
Religious Organizations
Merton -Meaux
704 Repeated,at #905
The Subtle Art of Investigative Interviews
Techniques and Strategies to Improve Yours
Sepler
705
30 Years of Harassment Law
The Critical Concepts and Nuances Every
Employment Attorney Needs to Understand
'Langevin
706
7 Key Issues in Canadian Employment Law
MacDougall, Noocker
802
How to Prepare and Prove an FMLA Case
Fabian, May
803 Repeat of #603
Employees Gone WiIdI
Esckllsen, Michael, °modk Shaheen
Ginsburg (moderator)
805
Union Organizing 2012
Cummins, Seaton, Zech
806
Employee Theft, Embezzlement and Fraud
investigations, Terminations, Asset Recovery
and More
Egan
901 Repeat of #601
How to Respond When the Government
Serves a Charge of Discrimination
Tarkow
902 Repeat of #102
Mental Disabilities in the Workplace:
How Does an Employer Respond Under the ADAM
Huntrods
804 Back by Popular Demandf 44 903 Repeat of #004
The 4 Rules of Disciplinary Documentation Religious Beliefs, Conflict, and
Bolsvert Accommodation: Keeping the Peace
Schanlleld
904 Repeat of #503
Give Me a Break: Nettlesome Problems
With Meal, Rest, and Other Break Times
Krakow
905 Repeat of #704
The Subtle Art of Investigative Interviews
Techniques and Strategies to improve Yours
Sepler
,0_1 City of Farmington
430 Third Street
1. Farmington. Minn
esota
651.280.6800 Fax 651.280.6899
www.eiSarniinatonma.us
TO:
FROM: Danielle Cahlander, Communications Specialist
SUBJECT: Approve Termination of Agreement with Midwest Mailing Systems, Inc., and
Entering into a Two Year Agreement with Cannon Valley Printing to Provide
Mailing Services for the City News and Recreation Guide
DATE: May 7, 2012
Mayor, Councilmembers, and City Administrator
INTRODUCTION:
The City Council approved utilizing Midwest Mailing Systems to provide mailing services for
the City News and Recreation Guide at the October 17, 2011, City Council meeting.
DISCUSSION:
The City of Farmington is not satisfied with the service received by Midwest Mailing Systems
because items described within the description of services within the Request for Proposal were
not completed satisfactorily. For example:
First Mailing:
Midwest Mailing wanted to use their permit to receive a lower postage rate, but they did
not sort the list in "walking sequence," it appeared there were bad addresses and 200
guides were thrown out. Staff discovered after the fact that the addresses were not bad,
but was sorted in the wrong sequence.
Second Mailing.
As stated in the RFP, the guides were to be in homes on April 14, 2012. Midwest
Mailing delivered the guides to the post office after 4:30 p.m. on April 13, 2012, where
they failed a postal test and had to be resorted. Following the resort some of the mailing
was delivered to the Farmington Post Office on April 16, 2012. Again the sorting was
incorrect and the Farmington Post Office received out of sequence bundles over the next
several days. Residents received the guide anywhere from April 20, to April 26, 2012,
and some didn't receive them at all. In addition to the bad sort, Midwest Mailing had
removed 200 addresses they suspected were bad.
In addition to the above examples, staff has spent an enormous amount of time contacting
Midwest Mailing about delays in providing the amount of postage required, delays in doing a dry
run of correct addresses, etc.
The agreement with Midwest Mailing Systems and the City of Farmington allows for
termination by the City for any reason or for convenience upon written notice to the Contractor.
In the event of termination, the City shall be obligated to the Contractor for payment of amounts
due and owing including payment for services performed or furnished up to the date and time of
31
7 ,F
termination. Midwest Mailing Systems submitted a bill for the services to -date and the City paid
the bill.
Cannon Valley Printing provides printing services for the publication and could also provide
mailing services through a sub contractor. The City currently uses this same company for
mailing of the Community Calendar and there have been no issues. The City would prefer to
utilize their services due to the convenience of working with one company, using a reliable
service to provide timely information to our residents, and to save staff time. The City plans on
pursuing another RFP for printing and mailing service for 2014.
BUDGET IMPACT:
Midwest Mailing provided a quote for mailing services for $454 /mailing. Cannon Valley
Printing would be sub contracting the mailing service for $614 /mailing.
ACTION REQUESTED:
Approve Termination of Agreement with Midwest Mailing Systems, Inc., and approve entering
into a two year agreement with Cannon Valley Printing to fulfill the current 2 -year agreement
which ends following the 2013 fall issue of the City News and Recreation Guide. The agreement
for mailing services with Cannon Valley Printing would be brought to the May 21, 2012,
Council meeting for approval.
Respectfully submitted,
Danielle Cahlander
Communications Specialist
32
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1)
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.E X400 Fax 651.280.6899
wt wci.tarmingtam_nm.uv
TO: Mayor, Councilmembers, and City Administrator
FROM: Teresa Walters, Finance Director
Tim Pietsch, Fire Chief
SUBJECT: Adopt Resolution Approve Fire Truck Purchase
DATE: May 7, 2012
BACKGROUND:
At the March 12, 2012, Council workshop, Council was presented with financing and purchasing
options for the purchase of a new Rescue Fire Truck. At this meeting the Council directed staff
to go through Houston Galveston agreement consortium (HGAC) to find a truck. Council was
informed that HGAC is a pre -bid consortium that we can join for $1,000. The cost to purchase a
truck was estimated to be approximately $555,000. However, we were taking a chance that it
would not meet all, but would meet at least 75% of our specifications.
As a unit of local government, HGACBuy strives to make the governmental procurement process
more efficient by establishing competitively priced contracts for goods and services, and
providing the customer service necessary to help its members achieve their procurement
goals. All contracts available to participating members of HGACBuy have been awarded by
virtue of a public competitive procurement process compliant with state statutes.
If we join the HGAC for a $1,000 fee, we will also have the opportunity to save money on
turnout gear and other needed items within the Fire department, Police, Public works, IT, etc.
DISCUSSION:
HGAC put out a request for proposal (RFP) for the furnishing of a Fire Apparatus. We received
two (2) proposals. City staff have analyzed the proposals to determine which firm best meets the
needs of the City's Fire Department. The analysis included reviewing the cost and details within
the proposal. One proposal had a price of $560,064. The other came in at $601,000. Careful
analysis of the specifications within the proposal showed that the company with the higher
proposal did not meet all of the specification requirements.
We chose Pierce, the first proposal, because they were the low bidder and because they have all
the required safety specifications in the vehicle.
The proposal and contract was reviewed by City staff, HGAC, and our City Attorney.
73
BUDGET IMPACT:
Purchase price:
The cost of the vehicle (the prepayment cash price) is $560,064. If we wait until the pumper is
built, the price would be $577,855, which includes 6% interest.
HGAC fees:
The HGAC charges a $1,000 membership fee.
Travel expenses:
In addition to this, staff would need to meet with Pierce in Appleton, Wisconsin, three times
throughout the six month processing time:
Preconstruction
Inspection pre -paint
Final inspection pre delivery
The cost for four people to stay overnight in two rooms is $250 x 3 trips $750.
The employees would take a City vehicle, so no mileage would be paid. The gas price for this
trip is $200 x 3 trips $600.
The cost of food for all three trips is estimated to be $960.
The total budget impact for travel costs is estimated to be $2,310. This would be paid back as
part of the loan acquired from the Water fund to purchase the truck.
ACTION REQUESTED:
Approve purchasing a Pierce Pumper Truck from Pierce at the proposed purchase price of
$560,064.
Approve travel costs for four (4) firefighters to Appleton, Wisconsin three times during the year.
Approve the enclosed resolution for an inter -fund loan and transfer from the Water fund
(pending approval by the water board) in the amount of $563,374 to cover the cost of the truck,
the fee to join HGAC, and related travel expenses.
Annual debt payments of approximately $119,000 would be made through a levy increase over
the next five (5) years. The interest rate used to calculate this payment is 2 Please see the
attached amortization schedule.
Respectfully submitted,
Teresa Walters
Finance Director
74
RESOLUTION NO. R20 -12
AUTHORIZING AN INTERFUND LOAN FROM THE WATER FUND
TO THE GENERAL FUND
Pursuant to due call and notice thereof a regular meeting of the City Council of the City of
Farmington, Minnesota was held in the Council Chambers of said City on the 7 day of May
2012 at 7:00 p.m.
Members present: Larson, Bartholomay, Donnelly, Fogarty, May
Members absent: None
Member Fogarty introduced and Member Bartholomay seconded the following resolution:
WHEREAS, the City of Farmington has approved the purchase of a new pumper fire truck; and
WHEREAS, the Council has determined it is in the best interest of the City to finance the truck
internally; and
WHEREAS, the Water fund has sufficient funds within its fund balance to be loaned on a short-
term basis without detriment of any function or project for which the fund was established; and
WHEREAS, the City has the taxing authority to repay the loan; and
WHEREAS, the loan will be repaid from an annual tax levy over five years (2013 -2017) in ten
(10) semi annual installments; and
WHEREAS, the City of Farmington desires, by this resolution, to document the loan to the
General fund, and to express the terms and conditions of the loan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington,
that:
1. An Interfund loan in the amount of up to a total of $565,000 (not to exceed the purchase
price and other costs associated with the purchase) be approved from the Water Fund to
the General Fund; such loans to be repaid over five (5) years with an annual interest rate
of two (2) percent.
2. Semi annual installments will be made on the loan. These payments will originate as part
of the City's tax levy against all taxable properties within the City of Farmington, and
will be adopted as part of the City's budget and tax levy from 2013 -2017.
This resolution is adopted by recorded vote of the City of Farmington City Council in open
session on the 7 day of May, 2012.
Attested to the S h day of May, 2012
SEAL
ayor Todd Larson
McKnight, inist
David rator
PERFORM. LIKE NO OTHEIY.
76
This Purchase Agreement (together with all attachments referenced herein, the "Agreement"), made and entered into
by and between Pierce Manufacturing Inc., a Wisconsin corporation "Pierce"), and the City of Farmington, a
Minnesota Municipality "Customer") is effective as of the date specified in Section 3 hereof.
E. Definitions.
"Product" means the fire apparatus and any associated equipment manufactured or famished for the
Customer by Pierce pursuant to the Specifications.
"Specifications" means the general specifications, technical specifications, training, and testing
requirements for the Product contained in the Pierce Proposal for the Product prepared in response to the
Customer's request for proposal.
"Pierce Proposal" means the proposal provided by Pierce attached as Exhibit C prepared in response to
the Customer's request for proposal.
"Delivery" means the date Pierce is prepared to make physical possession of the Product available to the
Customer.
"Acceptance" The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for
substantial conformance with the material Specifications; unless Pierce receives a Notice of Defect within
fifteen (15) calendar days of Delivery, the Product will be deemed to be in conformance with the
Specifications and accepted by the Customer.
2. Purpose. This Agreement sets forth the terms and conditions of Pierce's sale of the Product to the Customer.
3. Term of Agreement. This Agreement will become effective on the date it is signed and approved by Pierce's
authorized representative pursuant to Section 22 hereof (`Effective Date and, unless earlier terminated pursuant to
the terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase
Price.
4. Purchase and Payment. The Customer agrees to purchase the Product specified on Exhibit A for the total
purchase price of 560,063.77 ("Purchase Price"). Prices are in U.S. funds.
5. Future Changes. Various state or federal regulatory agencies (e.g. NFPA, DOT, EPA) may require changes to the
Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith
will be added to the Purchase Price to be paid by the Customer. In addition, any future drive train upgrades (engine,
transmission, axles, etc.), or any other specification changes have not been calculated into our annual increases and
will be provided at additional cost. To the extent practicable, Pierce will document and itemize any such price
increases for the Customer.
6. Agreement Changes. The Customer may request that Pierce incorporate a change to the Products or the
Specifications for the Products by delivering a change order to Pierce; provided, however, that any such change
order must be in writing and include a description of the proposed change sufficient to permit Pierce to evaluate the
feasibility of such change "Change Order"). Within [seven (7) business days] of receipt of a Change Order, Pierce
will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date
for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of
any effect on production scheduling or Delivery resulting from such Change Order. Pierce shall not be liable to the
Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only
effective when counter signed by Pierce's authorized representative.
7. Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion,
Pierce may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a)
10% of the Purchase Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after
completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation
fee will increase accordingly as costs are incurred as the order progresses through engineering and into
manufacturing. Pierce endeavors to mitigate any such costs through the sale of such Product to another purchaser,
however Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price
obtained by Pierce upon sale of the Product to another purchaser, plus any costs incurred by Pierce to conduct any
such sale.
8. Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled to be within 6 to
7 months of the Effective Date of this Agreement, F.O.B. the City of Farmington Minnesota. Risk of loss shall pass
to Customer upon Delivery and final acceptance at the City of Farmington. (b) Inspection and Acceptance. Upon
Delivery, Customer shall have thirty (30) days within which to inspect the Product for substantial conformance to
the material Specifications, and in the event of substantial non conformance to the material Specifications to furnish
Pierce with written notice sufficient to permit Pierce to evaluate such non conformance "Notice of Defect"). Any
Product not in substantial conformance to material Specifications shall be remedied by Pierce within thirty (30) days
from the Notice of Defect. In the event Pierce does not receive a Notice of Defect within thirty (30) days of
Delivery, Product will be deemed to be in conformance with Specifications and Accepted by Customer.
9. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set
forth below, or to such other address as either party may substitute by written notice to the other in the manner
contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return
receipt requested, postage prepaid; or nationally- recognized private express courier:
Pierce Manufacturing, Inc.
Director of Order Management
2600 American Drive
Appleton WI 54912
Fax (920) 832 -3080
Customer
City of Farmington Minnesota
430 Third Street
Farmington, MN 55024
10. Standard Warranty. Any applicable Pierce warranties are attached hereto as Exhibit B and made a part hereof.
Any additional warranties must be expressly approved in writing by Pierce's authorized representative.
a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
PIERCE, ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR
REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER
ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING,
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY
AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY
SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES.
b. Exclusions of Incidental and Consequential Damages. In no event shall Pierce be liable for
consequential, incidental or punitive damages incurred by Customer or any third party in connection with any matter
arising out of or relating to this Agreement, or the breach thereof regardless of whether such damages arise out of
77
breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non delivery
or from Pierce's own negligence, or otherwise.
11. Insurance. Pierce maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best:
Commercial General Liability Insurance:
Products/Completed Operations Aggregate: $1,000,00
Each Occurrence: $1,000,000
Umbrella/Excess Liability Insurance:
Aggregate: $25,000,000
Each Occurrence: $25,000,000
The Customer may request: (x) Pierce to provide the Customer with a copy of a current Certificate of
Insurance with the coverages listed above; (y) to be included as an additional insured for Commercial
General Liability (subject to the terms and conditions of the applicable Pierce insurance policy); and (z) all
policies to provide a 30 day notice of cancellation to the named insured.
12. Indemnity. The Customer shall indemnify, defend and hold harmless Pierce, its officers, employees, dealers,
agents or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or
expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all
property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's
purchase, installation or use of goods sold or supplied by Pierce which are not caused by the negligence of Pierce.
13. Force Majeure. Pierce shall not be responsible nor deemed to be in default on account of delays in performance
due to causes which are beyond Pierce's control which make Pierce's performance impracticable, including but not
limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes,
accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or
manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed
products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure
of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the
scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of
work.
14. Default. The occurrence of one or more of the following shall constitute a default under this Agreement (a) the
Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this
Agreement; (b) Pierce fails to perform any of its obligations under this Agreement; (c) either party becomes
insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party
to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges,
consolidates or transfers a substantial portion of its property to another entity; or (f) the Customer is in default or has
breached any other contract or agreement with Pierce.
15. Manufacturer's Statement of Origin. It is agreed that the manufacturer's statement of origin "MSO for the
Product covered by this Agreement shall remain in the possession of Pierce until the entire Purchase Price has been
paid. If more than one Product is covered by this Agreement, then the MSO for each individual Product shall remain
in the possession of Pierce until the Purchase Price for that Product has been paid in full. In case of any default in
payment, Pierce may take full possession of the Product, and any payments that have been made shall be applied as
payment for the use of the Product up to the date of taking possession.
16. Independent Contractors. The relationship of the parties established under this Agreement is that of independent
contractors and neither party is a partner, employee, agent, or joint venturer of or with the other.
17. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the
prior written approval of the other party.
18. Governing Law; Jurisdiction. Without regard to any conflict of laws provisions, this Agreement is to be
governed by and under the laws of the state of Minnesota.
78
Quantity
Chassis Type
Body Type
Price per Unit
(1)
Pierce Impel
Pumper
560,063.77
19. Facsimile Signatures. The delivery of signatures to this Agreement by facsimile transmission shall be binding as
original signatures.
20. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product.
Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by
Pierce's authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless
in writing and signed by Pierce's authorized representative.
21. Conflict. In the event of a conflict between the Customer Specifications and the Pierce Proposal, the Pierce
Proposal shall control. In the event there is a conflict between the Pierce Proposal and this Agreement, the Pierce
Proposal shall control.
22. Signatures. This Agreement is not effective unless and until it is approved, signed and dated by Pierce
Manufacturing, Inc.'s authorized representative.
Accepted and agreed to:
PIERCE MANUFACTURING, INC, CUSTOMER: City of Farmington MN
Name: Name:
Title: Title:
Date: Date:
Date: April 23rd 2012
EXHIBIT A
PURCHASE DETAIL FORM
Pierce Manufacturing, Inc.
Director of Order Management
2600 American Drive
Appleton WI 54912
Fax (920) 832 -3080
Customer Name: The City of Farmington Minnesota
The purchase price of 560,063.77 dollars is contingent upon a 100% pre payment of the apparatus price at the time
of contract signing. Should the City of Farmington elect to NOT make this pre- payment and pay for the apparatus at
the time of its completion and acceptance, the purchase price for the apparatus will become 577,855.00 dollars.
79
Warranty Period: Standard Pierce Warranties will apply
Training Requirements: As mutually agreed to between the City of Farmington and Clarey's Safety
Eouipment
Other Matters: None
This contract is available for inter -local and other municipal corporations to utilize with the option of adding or
deleting any Pierce available options, including chassis models. Any addition or deletion may affect the unit price.
Payment Terms: 100% net due upon delivery. unless other pre payment options are selected
[NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution
acceptable to Pierce.] All taxes, excises and levies that Pierce may be required to pay or collect by reason of any present or future law or by any
governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by
Pierce to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with
freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the prices on all unshipped
Product will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.5 percent per month or such
lesser amount permitted by law. Pierce will not be required to accept payment other than as set forth in this Agreement. However, to avoid a late
charge assessment in the event of a dispute caused by a substantial nonconformance with material Specifications (other than freight), the
Customer may withhold up to five percent (5 of the Purchase Price until such time that Pierce substantially remedies the nonconformance with
material Specifications, but no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may
withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after Delivery. Pierce shall have and
retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by Pierce or any of its affiliated
companies to secure payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt,
obligation or liability now or hereafter incurred or owing by the Customer to Pierce, Pierce shall have and may exercise all rights and remedies of
a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the state of Wisconsin.
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS
AND CONDITIONS DATED AS OF 4/23 20 BETWEEN PIERCE MANUFACTURING INC. AND
The City of Farmington Minnesota WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN,
AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE
SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR
SUPPLEMENTED BY PIERCE MANUFACTURING INC. HEREIN.
EXHIBIT B
WARRANTY
PLEASE REFER TO OUR PROPOSAL PACKET FOR COMPLETE WARRANTY DETAILS
EXHIBIT C
PIERCE PROPOSAL
PLEASE REFER TO OUR PROPOSAL PACKET FOR COMPLETE PROPOSAL DETAILS
80
No.
Payment
Date
Beginning
Balance
Interest
Principal
Ending
Balance
Cumulative
Interest
6/30/2013
569,007.74
5,690.08
53,792.12
515,215.62
11,323.82
N
12/30/2013
515,215.62
5,152.16
54,330.04
460,885.58
16,475.97
6/30/2014
460,885.58
4,608.86
54,877.37
406,008.21
21,084.83
12/30/2014
406,008.21
4,060.08
55,422.11
350,586.09
25,144.91
1.0
6/30/2015
350,586.09
3,505.86
55,978.36
294,607.74
28,650.77
12/30/2015
294,607.74
2,946.08
56,536.12
238,071.62
31,596.85
N- 03 CD
6/30/2016
238,071.62
2,380.72
57,101.48
180,970.14
33,977.57
12/30/2016
180,970.14
1,809.70
57,672.50
123,297.64
35,787.27
6/30/2017
123,297.64
1,232.98
58,249.22
65,048.42
37,020.24
10
12/30/2017
65,048.42
650.48
58,831.71
6,216.71
37,670.73
Amortization Table
Interfund Loan Fire Truck
LOAN DATA
Loan amount:
Annual interest rate:
Term in years:
Payments per year:
First payment due:
PERIODIC PAYMENT
Entered payment:
Calculated payment:
CALCULATIONS
Use payment of:
1st payment in table:
Table
$563,374.00
2.00%
5
2
6/30/2013
1
$59,482.20
AMORTIZE
TABLE DATA
Table starts at date:
or at payment number: 11
TOTAL PAYMENT
The table uses the calculated periodic payment amount
$59,482.20 unless you enter a value for "Entered payment
Beginning balance at payment 1:
Cumulative interest prior to payment 1:
563,374.00
5,633.74
INTER -FUND LOAN AGREEMENT
CITY OF FARMINGTON GENERAL FUND /CITY OF FARMINGTON WATER FUND
This Loan Agreement "Agreement") is made and entered into as of this
7th day of May, 2012 by and between the CITY OF FARMINGTON
GENERAL FUND "Borrower") and the CITY OF FARMINGTON WATER FUND ("Water
Board
RECITALS
A. The Water Board has established a fund balance for future needs. This fund balance is
sufficient enough so that a portion can be loaned on a short-term basis without detriment of
any function or project for which the loan was established. Lending these funds does not
prevent the water board from meeting its financial obligations. The Council and Water
Board have determined that the Water fund may extend a loan to the General fund for the
purpose of purchasing a Fire truck. The loan may also be used for all costs associated with
the purchase of the fire truck including costs associated with the request for proposals
(RFP), travel, etc "Equipment
B. Interfund loans are not prohibited by the Office of the State Auditor, provided that no
more than 75% of the fund balance is loaned. This loan is well within this requirement.
C. The Borrower wishes to borrow funds from the Water Board by executing this Agreement
and using the proceeds of the loan made by the Water Board to the Borrower hereunder to
fi nance the acquisition of a Fire Truck (the "Equipment") described in the proposal provided
by Pierce. Such loans shall not be used to balance the budget of the Borrowing Fund: nor
shall they deter any function or project for which the Loaning Fund was established.
D. Both the Council and the Water board have determined that it is in the best interest of the
City (both funds) to fund the Equipment internally rather than bond.
E. The City (General Fund) has the taxing authority to repay the loan. The loan will be
repaid from an annual tax levy over five years (2013 -2017) in ten (10) semi annual
installments.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
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AGREEMENT
1. Loan Agreement.
(a) Subject to the conditions set forth herein, The Water Board agrees to extend a loan "Loan
to The General Fund in the amount of up to five hundred sixty five thousand Dollars
565,000.00 (the "Loan Amount"). Notwithstanding anything to the contrary contained
herein, the Loan Amount shall not in any event exceed the actual cost of the Equipment and
related expenses. The Loan Amount shall be adjusted, if necessary, prior to disbursement
of the Loan Amount to an amount equal to the actual cost of the Equipment and associated
expenses. Any adjustment of the loan amount by the Finance Director shall be made on the
basis of the best available written evidence of the actual cost of the Equipment. This
Agreement, together with the Resolution, and the documents and instruments attached to or
referenced in this Agreement are collectively referred to herein as the "Loan Documents."
(b) The term of the Loan and this Agreement shall be five (5) years from June 30, 2013, which
is the budget year following the date the proceeds of the Loan are first disbursed to the
Borrower.
(c) Interest shall accrue on the unpaid principal balance of the Loan Amount from the date first
disbursed to the General fund at an interest rate of two percent (2 per annum.
(d) The General Fund promises to pay to the Water Fund, without deduction or offset, the loan
amount and the interest accrued thereon as provided on the enclosed amortization
schedule. Semi annual installments will be made on the loan. These payments will
originate as part of the City's tax levy against all taxable properties within the City of
Farmington, and will be adopted as part of the City's budget and tax levy from 2013 -2017.
2. Use of Proceeds.
All proceeds of the Loan shall be used by the General Fund for the sole purpose of paying
for the reasonable costs and expenses related to the purchase of the Equipment, and in
connection therewith the General Fund shall comply with all requirements set forth herein,
loan documents.
3. Disbursement Procedures.
(a) Upon approval by the City Council and the Water Board, and a written request from the Fire
Chief, the Finance Director will disburse the funds as needed to pay for the Equipment and
any associated expenses.
(b) The loan will be set up within the City's financial statements to reflect an Interfund Advance.
4. Reports.
The Finance Director agrees, upon the request of the Council or the Water Board, to
promptly deliver a written status report regarding the loan.
5. Amendment of Agreement.
No modification, rescission, waiver, release or amendment of any provision of this
Agreement shall be made except by a written agreement executed by the City Council and
the Water Board.
83
6. Relationship of Borrower and City.
The relationship of General Fund and Water Board pursuant to this Agreement is that of
debtor and creditor.
7. General.
Time is of the essence of this Agreement and of each and every provision hereof. This
Agreement, together with the other Loan Documents, constitutes the entire agreement
between the patties hereto, and there shall be no other agreement regarding the subject
matter thereof unless signed in writing by the party to be charged.
8. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all of such counterparts together shall constitute one and the same
instrument.
Water Board Chair Mayor
ga.
Administrator
0
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Adopt Resolution Approve Re- Allocation of Fundraising and Donation Revenue to
Future Rambling River Center Building and Grounds Improvements
DATE: May 7, 2012
City of Farmington
430 Third Street
Farmington, Minnesota
651.2R0.6400. Fax 651.250.6899
wwwci.tLrmingtintnm.a,4
BACKGROUND
The Rambling River Center has fulfilled its commitment to raise $90,000 for the Rambling River Center
Improvement Project (Improvement Project).
DISCUSSION
The Rambling River Center Advisory Board (Advisory Board) at its April 9, 2012 meeting was informed
that the $90,000 that was to be raised for improvements to the Rambling River Center was exceeded by
$3,356.01 and therefore the commitment made to raise $90,000 in 2009 had been met. Discussion ensued
about what to do with the excess funds raised beyond the $90,000 and also any future funds raised
through donations and fundraising events. There was some discussion about utilizing the fundraised
money to cover either operational costs or capital improvement costs. Overwhelmingly there was a
feeling that if any fundraised money was used to cover operating costs that it would be difficult to
fundraise because it would be difficult to get anyone to donate for operating costs. At the same time there
was an overwhelming feeling that if fundraising were to continue and it would be used for capital
improvements to either the building or grounds that people would more likely donate to a specific
improvement project due to being able to see tangible results from their donation. As part of this
discussion it was further stated that in the past when the Rambling River Center was located at 431 Third
Street, money that came from fundraising and donations was used to make improvements to the building.
The Advisory Board stated they are interested in resuming this practice now that the Improvement Project
fundraising has been completed.
The Advisory Board members then unanimously approved a recommendation to the Parks and Recreation
Advisory Commission (PRAC) that stated that the excess fundraising money of $3,356.01 be reallocated
to building improvements along with any other future fundraising or donated money be used for the same
purpose and that this money would be placed in a fund that would allow it to be carried from year to year
so it is not lost at the end of each year. The Advisory Board identified several capital improvements that
should be made to the building that were not addressed during the improvement project due to budget
constraints. The following improvements were identified:
1. Remove and replace the Oak Street building entrance steel railing and concrete walkway to the
entrance and concrete apron to the garage due to the metal railing beginning to rust through and
concrete walkway and apron to garage both starting to crack and break apart causing considerable
safety concerns (estimated cost is $15,000)
2. Sound absorption panels in the banquet room in order to improve acoustics (estimated cost just
under $6,000)
3. Improve flooring in arts and crafts room (estimated cost depends on the type of flooring to be
installed)
85
4. Purchase and install new cabinets in coffee nook area (estimated cost is $1,500)
PRAC members then took up at its April 11, 2012 meeting the recommendation from the Advisory
Board. PRAC members agreed with Advisory Board members and unanimously are forwarding the same
recommendation to the City Council for consideration.
BUDGET IMPACT
Given the estimated amounts of building improvements and the willingness by the Advisory Board to
raise money for these improvements and other additional future identified improvements, it will mean that
no tax dollars will have to be spent on the construction of the identified future capital improvements at the
Rambling River Center.
REOUESTED ACTION
Adopt the attached resolution that allows the excess fund raising money of $3,356.01 plus any future
fundraising or donated money to be placed into an account allowing it to be used for future building
improvements and allowing the balance to be carried forward each year if it is not spent.
Respectfully Submitted,
Randy Distad
Parks and Recreation Director
86
Fund
Specific Revenue Sources
Committed/Assigned For
General Fund
Donations from the Rambling River
Center
Building Renovations
RESOLUTION NO. R21 -12
RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES
IN THE GENERAL FUND
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 7 day of May
2012 at 7:00 p.m.
Members Present: Larson, Bartholomay, Donnelly, Fogarty, May
Members Absent: None
Member Bartholomay introduced and Member Donnelly seconded the following:
WHEREAS, the Governmental Accounting Standards Board's (GASB's) Statement #54
definition of fund balance states that the general fund can restrict or commit expenditures for
specified purposes other than debt service or capital projects; and,
WHEREAS, the General Fund is established to account for all revenues and
expenditures which are not required to be accounted for in other funds; and,
WHEREAS, committed funds are amounts that can be used only for the specific
purposes determined by a formal action of the government's highest level of decision making
authority (City Council), and;
WHEREAS, commitments may be changed or lifted only by the government taking the
same formal action that imposed the constraint originally, and;
WHEREAS, donations in the Rambling River Center are intended to be used for
building improvements, and;
WHEREAS, Council action is required to formalize the commitment of the specific
revenue sources (donations) to specified purposes (building improvements).
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Farmington that effective May 7, 2012, the specific revenue source of Rambling River Center
donations in the General fund and the specific purposes for which they are committed are as
follows:
This resolution adopted by recorded vote of the Farmington City Council in open session on the
7th day of May 2012.
Attested to the 4h day of May, 2012.
SEAL
rty Administra or
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
TO: Mayor and City Councilmembers
FROM: David J. McKnight, City Administrator
SUBJECT: City Council Item Review Process
DATE: May 7, 2012
INTRODUCTION
During the April 30, 2012 City Council retreat, discussion occurred about the process used to
review higher level issues at City Council meetings, the amount of time currently allotted and a
possible new option to give the City Council the time to discuss issues and ask questions before
decisions are made.
DISCUSSION
The City Council discussed the issue of having more time to review significant items that will
appear on City Council agendas. The options discussed as possibilities included bringing more
significant items to work sessions, bringing back the pre meeting and possibly bring items to
City Council meetings for discussion and questions with no action requested in the item's first
review.
The City Council and staff discussed the issue of schedules as it relates to the City Administrator
becoming aware of an issue, potential deadlines on items and the established schedule of City
Council meetings and work sessions.
The consensus of the City Council was to try this new approach with significant items and leave
it up to the City Administrator to schedule items on either work session or pre meeting agendas.
The definition of a significant item will also be left to the judgment of the City Administrator for
the time being. The intent of staff is to review this process throughout the year to see if
adjustments need to be made.
BUDGET IMPACT
None.
88
ACTION REQUESTED
While no official action is required, the City Council and staff thought it was important to share
this new approach with the residents of the community who are interested in city government
activities.
Respectfully submitted,
David J. McKnight
City Administrator
89