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HomeMy WebLinkAbout01.07.13 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 Douglas Bonar Terry Donnelly Christy Fogarty AGENDA REGULAR CITY COUNCIL MEETING JANUARY 7, 2013 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken Meeting will be opened by City Administrator McKnight. -Swearing-in Ceremony—City Administrator McKnight 1. CALL TO ORDER 7:05 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (12/17/12 Regular) Approved b) Boards and Commissions Attendance -Administration Information Received c) Amend Ordinances—Planning Commission and Parks and Recreation Ord 013-656 Commission Compensation- Administration Ord 013-657 d) Acknowledge Resignation Liquor Stores—Human Resources Acknowledged e) 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) Annual Organizational Matters -Administration R1-13 b) Lake Marion/South Creek Regional Greenway Master Plan Update—Parks and Recreation 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 (12/17/12 Regular) Minutes 4 Boards and Commissions Attendance Memo 13 Amend Ordinances - Planning Commission and Parks and Recreation Commission Compensation Memo 15 Planning Ordinance 16 Parks and Rec Ordinance 17 Acknowledge Resignation - Liquor Stores Ack Resignation_Zitek 18 Approve Bills Bills 19 Annual Organizational Matters Memo 37 Lake Marion/South Creek Regional Greenway Master Plan Update memo 82 map 83 1 COUNCIL MINUTES REGULAR December 17, 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: Andrea Poehler, City Attorney;David McKnight,City Administrator;Robin Hanson, Finance Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director;Lee Smick, City Planner;Cynthia Muller,Executive Assistant Audience: Steve Fenlan 4. APPROVE AGENDA Councilmember May pulled item 7m)2012 Tree City USA Recertification. Mayor Larson pulled item 7g)Approve Annual Adjustment for Non-Represented Employees to abstain from voting. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Recognition of Service—Councilmember Julie May Mayor Larson presented Councilmember May with a plaque in recognition of her four years of service on the City Council. 6. CITIZEN COMMENTS Mr. Dave Pritzlafl; 20255 Akin Road,the way the meeting started saddened him as he felt there should have been a moment of silence for the families in Connecticut. He thanked Councilmember May for her four years of service on the Council. She tried to do a lot of things and sometimes they don't work out in your favor. He commended her for her efforts. Mr.Pritzlaff stated last week it did not show from a couple Councilmembers that her years of service were appreciated. When a vote went a certain way,Mayor Larson and Councilmember Fogarty demeaned the other three Councilmembers like they weren't on your team. He noted Councilmember Fogarty has stated that if a vote doesn't go your way, get on board and support it. That was not the case at the last meeting. When solutions are looked at,we throw our hands up and it looked childish on TV. That is not the way Council should work together as a team. He would like to see more professionalism as a team and work together and not single out 4 Council Minutes(Regular) December 17,2012 Page 2 one or two Councilmembers because of the way they voted. Regarding what took place at the workshop,there was more finger pointing. 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes(12/3/12 Regular)(12/10/12 Workshop) b) Set January 14, 2013,Board and Commission Interviews-Administration c) Approved Temporary On-Sale Liquor License VFW-Administration d) Approved Temporary On-Sale Liquor License Knights of Columbus- Administration e) Adopted RESOLUTION R56-12 Approving Gambling Event Permit Knights of Columbus-Administration f) Adopted RESOLUTION R57-12 Tort Liability Limits-Administration h) Adopted RESOLUTION R59-12 Approving HPC Consultant Contract- Planning i) Adopted ORDINANCE 012-655 Amending Section 10-6-3(B)1(g)Increasing Size of Window Signs Allowed-Planning j) Approved EDA Loan Payoff-Finance k) Approved School and Conference-Engineering 1) Approved Electrical Inspection Service Agreement-Engineering m) Approved 2012 Tree City USA Recertification-Engineering n) Acknowledged Resignation Fire Department—Human Resources o) Acknowledged Resignation Fire Department—Human Resources p) Approved Bills APIF,MOTION CARRIED. g) Adopt Resolution—Approve Annual Adjustment for Non-Represented Employees-Administration MOTION by Fogarty, second by May to adopt RESOLUTION R58-12 adjusting the 2013 non-union wage scale by one percent in steps one through five and no adjustment in steps six through nine effective January 1, 2013. Voting for: Fogarty, May. Voting against: Bartholomay, Donnelly. Abstain: Larson. MOTION FAILED. Councilmember May noted this will affect the budget. Councilmember Donnelly stated the amount is not greater than the reserve. City Administrator McKnight stated the money related to this item is in the 2013 budget. If you change it, you will use some of the reserve in the budget. If no action is taken,the budget will not be adjusted. You are talking about$10,000 for those in steps six through nine. Councilmember Bartholomay stated he would like to talk about it, because there were some things he did not take into consideration. He suggested tabling it and discussing it early next year. City Administrator McKnight stated any change should be in place before a payroll is done in early January. MOTION by Donnelly,that everyone gets a 1%increase. Councilmember May was confused by this, because we had two workshops where this was discussed and it should 5 Council Minutes(Regular) December 17,2012 Page 3 have been brought up at the workshop last week. The motion was seconded by Bartholomay. Voting for: Bartholomay, Donnelly. Voting against: Fogarty, May. Abstain: Larson. MOTION FAILED. Councilmember Fogarty stated we have an option of doing a workshop this week to work it out before the end of the year, or wait until after the first of the year. Council discussed when to hold a workshop or continue this meeting. It was decided to continue the discussion as part of this meeting. Councilmember Donnelly agreed this was discussed, but he has heard from some individuals and it is a question of fairness. There was a system in place and it has been discontinued. The people that were in it received merit pay and it has been a bone of contention for awhile. After thinking about it,what we decided in the workshop is not fair. It is$10,000 to the City budget. It will be a morale problem, and a motivation problem if we implement what is on the agenda. Some get a raise and some don't;that will be an issue. He would rather not divide the staff for that much money. We are better off in the long run if we treat everyone fairly. Councilmember Bartholomay agreed. We need to treat our staff fairly. We have different philosophical views, but we do need to first and foremost treat our staff fairly and look at other options. Morale will be affected. Early next year we need to look at everything to see if we can fix the structure. Councilmember May learned from Councilmember Fogarty that when you try to use the word fair, it becomes difficult. She understood from the workshops that those in the upper steps were able to take advantage of the merit increases. Those are employees who have been around longer and there are fewer that are in the lower steps. Those people in the lower steps, since there are no longer merit increases, it is a way for them to catch up to those that have been here longer. She proposed that we either stick to the original plan, next year there is talk of re-organization, or just say no increase to any employee this year and next year you can come up with something that is fair to everyone. We just spent a couple weeks trying to reduce taxes, and now in the last hour here we are again. It isn't only$10,000; that is a lot of money. There were good, solid reasons why we made those decisions in that meeting. We have a great community and provide a good work environment,with decent jobs and decent wages and good benefit packages. We are providing a good package to our employees. If we don't think it is fair, we should hold off on any raise. Councilmember Fogarty agreed;there is no fairness. The employees that will never have the advantage of being in those higher steps, may look at it as being unfair they can never reach those levels. People continue to think these are easy decisions for us to make and they are not. She respected Councilmember Donnelly's and Bartholomay's opinions,but here we are at the last night and this changes the budget. We just changed the budget in the last two weeks. What some people took last week as being upset, it was more shock with changes that are coming with the most important vote of the year, changing on a dime without notice is head spinning. She agreed with Councilmember May;the last meeting was productive and this should have been discussed then. Councilmember Bartholomay would agreed to no increase and discuss it early next year. Councilmember Fogarty stated we could change the reserve budget to 6 Council Minutes(Regular) December 17,2012 Page 4 reflect that and still pass the budget. We could discuss it and do a mid-year adjustment. She asked Councilmembers to not have these discussions on the nights we are intending to pass the budget. It is the most important thing we do all year. MOTION by Fogarty, second by Bartholomay for no increase for non-bargaining employees and to revisit this after January 1,2013, and any budget dollars for this be put into the reserve to do a mid-year increase. Voting for: Bartholomay, Donnelly,Fogarty,May. Abstain: Larson. MOTION CARRIED. m) Approve 2012 Tree City USA Recertification -Engineering Councilmember May asked if we have formed a Tree Board. City Administrator McKnight stated this was discussed in February and staff decided to form a tree committee by project made up of area residents affected by the project. Parks and Recreation Director Distad stated the$2/capita is included in the budget and includes tree removal,trimming, staff time, equipment, etc. It is in more than one department budget. Staff has to document the work done for forestry. 8. PUBLIC HEARINGS a) Adopt Resolution—Approving a Project by St.Francis Health Services and a Joint Powers Agreement-Finance St.Francis Health System is doing a refinancing of taxable debt they obtained for improvements. They want to refinance this with tax-exempt debt. Mr. Steve Fenton was present on behalf of the underwriting group. Mr. Fenton stated this is a$10 million tax exempt fmancing. It is the third in a series of three. St. Francis has$55 million of long term debt outstanding, of which more than half could be refinanced. Of the$10 million, $732,000 was used for the Trinity campus. The City of Morris will issue the bond. The Joint Powers Agreement to be approved allows Farmington to direct the City of Morris to issue the bond that has an impact on property in Farmington. Councilmember May asked about the joint powers agreement, and if something goes wrong, would we be jointly liable for the full $10 million. Mr. Fenton replied no, Farmington is not a party to the bond and does not have the authority to be obligated under the note. Ms. Shelly Eldridge,Ehlers&Associates, stated with respect to the conduit fmancing being proposed she explained the risks. The first risk is with arbitrage. She wanted to make sure in the documents the arbitrage for Farmington is contracted to make sure there is no arbitrage. The IRS has been coming back to the bank qualification authorities if there is an arbitrage problem. With$720,000 it would be minimal,however,that could be a risk. The second is your bank qualification. You are lending your bank qualification to your tax exempt portion. Next year if we were to have an advance refunding we could do no more than$9 million because the$720,000 counts towards the annual bank qualification. She 7 Council Minutes(Regular) December 17,2012 Page 5 did not see this happening, but if we got 0%interest we may not be able to refinance some of the debt. Third, she suggested having the bond counsel,Dorsey & Whitney review the documents and pass that expense on to St. Francis. It should be a minimal amount, but they should review all the documents on the City's behalf. Mr. Steve Fenlan stated in terms of arbitrage, St. Francis Health Services has obligated itself in the documents to have those calculations made every five years. If there is a rebate due,that falls on St. Francis. Regarding bank qualification,the City of Morris is making an allocation of$10 million. The City of Farmington is allocating zero of their bank qualification. Regarding the ability to issue in 2013, this financing will be issued in 2012. This will not affect Farmington in 2012 or 2013; it will affect the City of Morris who has not issued any paper in 2012. They are giving 100%of their bank qualification to this issue;Farmington is giving none. Regarding bond counsel reviewing the documents, St.Francis has had Briggs&Morgan on behalf of the City of Morris review the documents and the expense was born by St.Francis. Farmington is not the issue. You are playing a minor role which is conducting the public hearing and deciding whether you are comfortable with the City of Morris issuing a bond that in a small amount of $732,000 impacts your limits. Finance Director Hanson has had City Attorney Jamnik review the documents, so a review by bond counsel is not necessary. With the additional information,Ms. Eldridge suggested having the arbitrage documents sent to us for our files. MOTION by Fogarty, second by Bartholomay to close the public hearing. APIF,MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R60-12 approving a project by St.Francis Health Services of Morris, Inc. under Minnesota Statutes, Section 469.152 through 469.165 and approving a Joint Powers Agreement. APIF,MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution—Approve Sale of General Obligation Improvement Refunding Bonds Series 2013A-Finance Three bids were received on the 2013A bond sale. The bond sale was$5,365,000 and was for a cross over refunding for the 2005B bonds and a current refunding of the 2006A bonds. The low bid was for 1.3291%. They bid 2% interest rate on all the maturities and incorporated a premium of$228,000 resulting in the lowest overall price to the City. The future savings were$654,498. Staff anticipates a January 15, 2013 closing date. This moves the first principal date from February 2013 to February 2014. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R61-12 awarding the sale of$5,365,000 General Obligation Improvement Refunding Bonds, Series 2013A which will refund the 2005B and 2006A bonds to the low bidder. APIF,MOTION CARRIED. 8 Council Minutes(Regular) December 17,2012 Page 6 b) Adopt Resolution—Approve 2013 CDBG Funds-Planning City Planner Smick met with the CDA regarding different allocations for the City's CDBG money. CDBG money comes from the Housing and Urban Development. The Dakota County CDA administers the funds and distributes the money to cities in Dakota County. City Planner Smick proposed to submit an application for 2013 CDBG funds to the CDA by December 31,2012. Currently we have a 10%decrease from the 2012 funds,which means we have$35,820 we can utilize for 2013. The total funds as of today are$111,000. City Planner Smick spoke to the CDA regarding channeling the residential rehab money by taking away$27,000 and reallocate it to the commercial rehab. The residential rehab is home improvement for low income families. In 2011 and 2012 no one has been interested in utilizing this fund. City Planner Smick has three projects proposed for commercial rehab;Dakota County Lumber is required to install a sprinkler system with their proposed expansion,there is a proposal to create a banquet hall in the old senior center building which would require a sprinkler system, and there is a proposal for retail at the former Oasis Market building. The tanks need to be removed. Right now there is$22,000 in commercial rehab. Staff would add$5,000 to get to $55,000 in commercial rehab. Sprinkler systems cost approximately$24,000. The maximum request is$35,000. Another funding category is a business development grant. The CDA is reallocating$17,510 of this fund to the Dakota County Wells sealing program and to Coates for a weather siren. As the administrator, Dakota County is allowed to do this, and the board would approve this on January 8, 2013. Staff will try to get this money moved back to commercial rehab to use for the three projects. HUD is very adamant that funds be used. These funds have been available since 2007. Councilmember Fogarty asked about the lack of use of the residential rehab funds. Staff was informed that residents apply and when they get to the application stage,they change their minds. Councilmember Fogarty asked staff to determine if something has changed in the application process with the CDA. Councilmember May recalled at an EDA meeting it was discussed to meet with local banks. She suggested getting them up to speed with this program. City Planner Smick is working on information for that meeting which is planned for February when the new EDA composition starts. The public service senior center fund for$16,000 was allocated in 2011 to hire a part time staff person and also supply scholarship money to seniors who could not afford recreational programs. Staff is interested in bringing the scholarship program back to the EDA. This money could also be shifted to another area during this time. The business development grant for$30,000 can be used for the purchase of equipment for expanding businesses such as Installed Building Solutions. Staff is proposing to keep the microenterprise fund at $23,800. This is used to help with rent payments. MOTION by Fogarty, second by May to adopt RESOLUTION 9 Council Minutes(Regular) December 17,2012 Page 7 R62-12 approving allocation of$35,820 CDBG funds for FY2013 to the Commercial Rehabilitation and the Business Development Grant funding categories. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution—Approve 2013 Tax Levy and Budget-Administration At the December 3,2012, Council meeting Council directed staff to reduce the budget by$152,986. A workshop was held December 10, 2012,and a list of items was selected to reduce the tax levy to $8,565,982,which is the same amount as 2012 and 2011. The items to reduce the levy include: -Remove the generator from the Fire Department budget$50,000 -Use the net sale revenue of the 431 Third Street building$30,000 -Remove the vehicle from the Fire Department budget$45,000 - Staff reorganization$24,000 -Reduce the reserve line item$3,986 Mr. Dave Pritzlag 20255 Akin Road, stated in 2008 we lost the second half of the market value homestead credit and for the entire year for 2009, 2010, 2011. The state took it away so they could stay in fiscal order. No work has been done with this Council to move away from that. We have to make our budget stand without that. It is not an excuse, it is just gone. The state works with their funding and we need to work with our funding. From reading the paper,he was not in agreement with Council using the $30,000 of one time money from the sale of the old senior center. You will fmd yourself in the same place next year and possibly instead of$30,000 in the hole, it could be between$30,000-$60,000 because of using one time money and not fixing anything. He appreciated the Fire Department cutting one generator as there are other generators that can be used. He was not in favor of cutting the Fire Marshal's vehicle for$45,000. The current vehicle is unreliable and is a public safety issue. The Fire Marshal seems to be the first person on the scene. To cut $45,000 for a vehicle that is unreliable, may not start at times, floor boards are rusted out,and leave our Fire Marshal at the whim of a vehicle that may or may not run, and being the first person on the scene that could administer any type of first aid, or evacuate people, it is a public safety issue. Any time you take something from public safety,you are not looking out for the well being of the residents. Bringing one time money in is not a fix;there are no cuts. Next year you will be at the same place and could be twice as much because you are not fixing the problem. MOTION by Donnelly, second by May to adopt RESOLUTION R63-12 adopting the tax levy for the year 2013 collection. Voting for: Larson, Bartholomay, Donnelly,May. Voting against: Fogarty. MOTION CARRIED. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R64-12 approving the 2013 budget. Voting for: Larson, Bartholomay, Donnelly, Fogarty. Voting against: May. MOTION CARRIED. 12. NEW BUSINESS 10 Council Minutes(Regular) December 17,2012 Page 8 13. COUNCIL ROUNDTABLE Councilmember Donnelly: Thanked Councilmember May for her years of service and wished everyone Happy Holidays. Councilmember Fogarty: Asked City Administrator McKnight to look into the legislature moving us into the transit taxing district. If that occurs,Farmington would see no improvements, but would have a$200,000 -$225,000 tax bill. Mayor Larson recently heard the tax bill for Farmington would be$500,000 and get nothing for it. Councilmember Fogarty stated it is important we pass a resolution to work with the LMC and with coalitions as it will be a tough fight to keep us out and there will be no benefit. We struggled to get$152,000 reduced from the budget this year, if we have to come up with$500,000 that is significant for us. She was told Toys for Town went very well. She thanked Councilmember May for her service. Councilmember Bartholomay: The last couple meetings we started doing a better job compromising. At the last workshop we all had different ideas and we came together, did not agree on everything,but we all had some input. We compromised tonight as well with the non-bargaining increase. Toys for Town was outstanding and he thanked all the volunteers who helped. He thanked Councilmember May for her service and wished everyone Happy Holidays. Councilmember May: She spoke about some things that have gone really well. Overall there is a better accounting of revenue and a lot of that came to fruition this last year. Over the last four years we have done a better job as a Council and for the residents. We have more transparency and better accounting on the revenue side. There is progress on the elimination of negative fund balances and that is a step in the right direction. Employees are now assigned to one home budget to simplify the budget and the budget includes all employee costs and comp time. The labor costs are a big piece of the budget and you have to understand it all and feel confident with everything involved. She heard today about the transit tax and thanked previous Councils for their work in keeping this at bay. To have to spend that kind of money would present a huge challenge to Council next year. She thanked her fellow Councilmembers and encouraged them to have more debates. She thanked the staff and appreciated all they have done. She also thanked her family because this is a big commitment and a tough job. She encouraged others to consider serving. She was glad she served and learned a lot. Fresh perspectives will keep our City going. City Administrator McKnight: Residents should receive their 2013 calendar in the mail this week. He thanked staff for their hard work on this. Parks and Recreation Director Distad: Staff has started flooding the outdoor rinks today. Mayor Larson: Thanked Councilmember May for her service. Everything residents need to know is in the Community Calendar. He also encouraged residents to 11 Council Minutes(Regular) December 17,2012 Page 9 sign up for Facebook,Nixie and Twitter to obtain information. He thanked all those who volunteered for Toys for Town. He asked everyone to adopt a fire hydrant in their neighborhood. He encouraged residents to shop local. Regarding the budget,he thanked City Administrator McKnight. He suggested a different way of doing it and Council let him prepare the budget they way he saw fit and he did a great job. He found several holes in the budget and we plugged all the holes with a minimal increase including buying a fire truck. Staff was also a big help. Farmington has great employees that do a fantastic job and Mayor Larson thanked them for working within the budget. Farmington does have high taxes, it is not because we have too many people working for the City, it is because of the debt we have. This year's levy was$2.7 million in debt payments. Debt payments include the new fire station, new police station, new central maintenance facility, and new city hall. This is what all growing communities struggle with. As they grow they need more. He worried about cutting employees until we get to the point of diminishing return. He worried about not being efficient because we are stretched too thin. That is part of the balancing act for this Council. We have to look out for the taxpayer and look out for the financial well being of the City itself. Sometimes that includes raising the levy like we proposed; it was under 2%,not only because of the fire truck purchase which was$120,000 of that increase, gas, electricity, insurance have all gone up. To keep a healthy City we need to have little increases to stay with life. He worried about the financial health of the City as it takes money to run this City. The City is like one big property management company. We have not raised the levy in a few years and all the expenses keep going up and we keep cutting employees and cutting everywhere. A healthy community raises its levy minimally as its expenses go up. It is something we need to keep in perspective. We did a great job this year and City Administrator McKnight and his staff did a great job with the budget document. 14. ADJOURN MOTION by Fogarty, second by May to adjourn at 8:30 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 4 EAR�r �► City of Farmington 430 Third Street ' Farmington,Minnesota .° 651,2R0.6R00•Fax 651.280.6899 www.ciArmington.mnuv TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Annual Report—Boards and Commissions DATE: January 7, 2013 INTRODUCTION/DISCUSSION Section IX of the Council By-laws calls for the submittal of a report stating the number of meetings and the attendance records for various Board and Commission members. The 2012 attendance record for all seats on City Boards and Commissions is as follows: PARKS AND RECREATION ADVISORY COMMISSION Dave McMillen Present 12 out of 12 meetings Mike Haley Present 11 out of 12 meetings Adam Lares Present 6 out of 12 meetings Randy Oswald Present 10 out of 11 meetings Dawn Johnson Present 5 out of 7 meetings Charlie Weber Present 1 out of 1 meetings Julie Sutherland Present 1 out of 3 meetings PLANNING COMMISSION Dirk Rotty Present 15 out of 15 meetings Doug Bonar Present 14 out of 15 meetings John Franceschelli Present 12 out of 15 meetings Steve Kuyper Present 12 out of 15 meetings James Primmer Present 11 out of 14 meetings WATER BOARD Tom Jensen Present 11 out of 11 meetings Bill Weierke Present 8 out of 11 meetings Mitchell Snobeck Present 8 out of 10 meetings RAMBLING RIVER CENTER ADVISORY BOARD Charles Weber Present 10 out of 10 meetings Fred Schmidtke Present 9 out of 10 meetings 13 Marilyn Briesacher Present 9 out of 10 meetings Sarah Miller Present 7 out of 10 meetings Gil Anderson Present 7 out of 10 meetings Kim Lomas Present 5 out of 10 meetings Roger Wood Present 5 out of 5 meetings Beverly Preece Present 3 out of 3 meetings HERITAGE PRESERVATION COMMISSION John Franceschelli Present 5 out of 5 meetings David McMillen Present 5 out of 5 meetings Jackie Dooley Present 5 out of 5 meetings Dennis Reiman Present 1 out of 3 meetings Michael Haley Present 2 out of 2 meetings ECONOMIC DEVELOPMENT AUTHORITY Todd Larson Present 10 out of 10 meetings Jason Bartholomay Present 9 out of 10 meetings Julie May Present 8 out of 10 meetings Christy Fogarty Present 8 out of 10 meetings Terry Donnelly Present 8 out of 10 meetings Geraldine Jolley Present 10 out of 10 meetings Doug Bonar Present 10 out of 10 meetings ACTION REQUESTED For Council information. Respectfully submitted, Cynthia Muller Executive Assistant 14 / E10r City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800.Fax 651 280,6899 W tYK:C1.i,Hft111iib[4A].TCIII.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Amend Ordinance-Planning Commission and Parks and Recreation Commission Compensation DATE: January 7, 2013 INTRODUCTION/DISCUSSION Staff has discovered that for many years members of the Planning Commission and Parks and Recreation Commission have been compensated for meetings attended. This compensation has been approved by Councils as noted in the list of expenditures. However,the City Code for both of these commissions states members shall serve without pay. At some point since 1980,when these ordinances were adopted,the compensation was changed, but the code was not updated. BUDGET IMPACT Past practice has been to compensate members$10/meeting attended. This would be a budget impact of$600/commission. ACTION REQUESTED Approve the attached ordinance amendments providing for a compensation of$10/meeting attended for the Planning Commission and Parks and Recreation Commission as approved by Council and approve compensation for these commissions for 2012. Respectfully submitted, Cynthia Muller Executive Assistant 15 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 013-656 AMENDING TITLE 2,BOARDS AND COMMISSIONS, CHAPTER 2, PLANNING COMMISSION,AMENDING THE COMPENSATION OF THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 2, Chapter 2, Section 3(G) Compensation—shall be amended by adding the underlined and deleting the struck language as follows: (G) Compensation: Member shall serve without pay but may be reimbursed for reasonable personal expense.Members shall receive $10 per meeting attended in addition to reasonable personal expenses. SECTION2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. CITY OF FARMINGTON Attest: Todd Larson, Mayor c avid McKnight , Crt dministrator SEAL Approved as to form the < day of Z4/. , 2013. dr.leAttorney Published in the Farmington Independent the 1)-i S day of Q 2013. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 013-657 AMENDING TITLE 2,BOARDS AND COMMISSIONS, CHAPTER 6,PARKS AND RECREATION COMMISSION,AMENDING THE COMPENSATION OF THE PARKS AND RECREATION COMMISSION THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 2, Chapter 6, Section 3(F) Compensation—shall be amended by adding the underlined and deleting the struck language as follows: (F) Compensation: . - - . - • .. .. .• • . -•• •• • reasonable personal expcnsc.Members shall receive $10 per meeting attended in addition to reasonable personal expenses. SECTION2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. CITY OF FARMINGTON Attest: Todd Larson, Mayor David McKnight, CCV?Administrator SEAL Approved as to form the/f°day of, ,�r✓• , 2013. 411° C'•OrAttorney Published in the Farmington Independent the /.7"` day of 2013. j..., City of Farmington it. 4 430 Third Street i Farmington,Miinnesota 49 6 1,280.6500•Fax 6651 280.6899 illww.ci.hari1 mguntmluzi TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation—Liquor Stores DATE: January 7, 2013 INTRODUCTION The City received notice of Ms. Toni Zitek's resignation from her position as a part-time liquor clerk. DISCUSSION Ms. Zitek has been employed as a part-time liquor clerk since August 4, 2008 and has been a valued member of the City organization. The City appreciates her commitment to the organization and wishes her well in her future endeavors. ACTION REOUESTED Acknowledge the resignation of Ms. Toni Zitek effective December 31, 2012. 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E 0 c Q w T NN.. > E co c O 7 N y O a N OJ Y m IC N � .c o 03 U F . m toi O 2 A a' z t a- U okot, City of Farmington ak 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 '7'a p900* wwwci.farmington.mn.us TO: Mayor and Councilmembers FROM: David McKnight,City Administrator SUBJECT: Annual Organizational Matters DATE: January 7,2013 INTRODUCTION/DISCUSSION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments and Council has traditionally taken this time to approve the following actions: 10a(1). Acting Mayor—Council By-laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Fogarty,subject to the highest number of votes in the 2010 General Election and serving the third year of her term,is eligible for appointment as Acting Mayor. 10a(2). Official Publication—The City solicited quotes from the Farmington Independent and Sun ThisWeek newspapers for legal publications. Quotes were received from both newspapers with the low quote submitted by the Farmington Independent. Per State Statute 331A.04 Subd.2, the Farmington Independent is the only publication located within the City's corporate limits and as such the City is required to designate it as the City's legal newspaper,with an exception available. See attachments for further information. The City Council has the authority to designate more than one legal newspaper. If two publications are chosen as the City's legal newspaper,official notices must be submitted to both papers. This additional expense was not included in the 2013 budget. 10a(3). City Attorney—Request for Proposals were sent to four legal firms who deal with municipalities. Interviews were conducted and staff recommends re-appointing Joel Jamnik with the firm of Campbell Knutson as City Attorney for the year 2013. A copy of the agreement is attached which does not have an expiration date. l0a(4). Official Depositories—Please refer to the attached memo from the City's Finance Director that identifies official City depositories for fiscal year 2013. 10a(5). Process Servers—The Farmington Police Department is the designated City Process Server for 2013. 10a(6). City Clerk's Bond—State law requires the City Clerk be bonded. The City is covered by a$1,000,000 Faithful Performance bond. 37 l0a(7). Fees and Charges—At the October 15,2012,City Council meeting,Council adopted Ordinance 012-652 establishing fees and charges for the year 2013. 10a(8). Boards and Commissions—Interviews will be held on Monday,January 14,2013,at 5:30 p.m.for the purpose of selecting Commission candidates. Appointments will be made at the January 22,2013,City Council meeting. l0a(9). Economic Development Authority Appointments—The EDA composition was changed to two Councilmembers and three residents effective February 1,2013. Councilmembers from different terms should be appointed;Councilmember Bartholomay or Councilmember Fogarty, and Mayor Larson or Councilmember Donnelly or Councilmember Bonar. 10a(10). ALF Ambulance Board Appointment Primary and Alternate—A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2013. Councilmember Bartholomay served as the primary representative and Councilmember May as alternate. 10a(11). DCC Board of Directors Appointment—Named elected officials will need to be appointed as Director and as an Alternate to the DCC Board of Directors. This is for a two-year term. Quarterly meetings are held on the third Thursday at 8:00 a.m. Mayor Larson served as Director and Councilmember May as alternate through December 31,2012. 10a(12). Castle Rock,Empire,Eureka,Farmington(CEEF)Appointment—Appoint a Councilmember to serve on this board in 2013. Mayor Larson currently serves on the CERF Board. 10a(13). Joint Farmington/Empire Planning Advisory Committee Appointments—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2012,Councilmember Fogarty,City Administrator David McKnight,and Planning Commission Member Doug Bonar served on this committee. 10a(14). Farmington/Castle Rock Discussion Group—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2012, Mayor Larson,City Administrator David McKnight,and Planning Commission Member John Franceschelli served on this board. 10a(15). Eureka/Farmington Planning Advisory Committee—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2012, Councilmember May,City Administrator David McKnight,and Planning Commission Member Steve Kuyper served on this board. 10a(16). MUSA Review Committee Appointments—Appoint two Councilmembers to serve on this board in 2013. Councilmembers Donnelly and Bartholomay currently serve on this board along with Planning Commission members Doug Bonar and Steve Kuyper. 10a(17). Ice For Tigers Committee—Appoint two Councilmembers to serve on this committee in 2013. Councilmembers Bartholomay and Donnelly currently serve on this committee. 10a(18). Liquor Operations Committee—Appoint two Councilmembers to serve on this committee in 2013. Mayor Larson and Councilmember May currently serve on this committee. 38 10a(19). Appointment of Director and Alternate to LOGIS—Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2013. 10a(20). Responsible Authority for data practices appointment—Appoint,by resolution,City Administrator,David McKnight as responsible authority for data practices and Brenda Wendlandt as compliance officer and Brian Lindquist as responsible authority for law enforcement for 2013. 10a(21). Approve the Council By-laws as presented. 10a(22). Attached are current Council Policies for review. Council should advise of any desired changes. ACTION REQUESTED Approve appropriate appointments and the above actions as indicated. Respectfully submitted, David McKnight City Administrator 39 COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 7,2013 MOTION by ,second by as follows: 10a(1). That Councilmember Fogarty be designated as Acting Mayor from January 7, 2013 through December 31,2013. 10a(2). That the Farmington Independent be designated as the Rf,1'lcial publication from January 7,2013 through December 31,2013. 10a(3). Continue the Agreement for Legal Services with Campbell Knutson,Joel Jamnik as City Attorney for 2013. 10a(4). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Capital Markets, Wells Fargo Investments, Smith Barney Inc., Premier Bank, and Roundbank (Farmington)be designated as the Official Depositories from January 7,2013 through December 31,2013. 10a(5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2013. 10a(6). Approve a$1,000,000 Faithful Performance bond for the City Clerk. 10a(7). ORDINANCE NO. 012-652 Establishing Fees and Charges for licenses and permits for 2013 was adopted October 15,2012. 10a(8). Appointments to Boards and Commissions—Candidates will be interviewed January 14, 2013 and appointments will be made at the January 22,2013 Council Meeting. 10a(9). Appoint Councilmember and Councilmember to the Economic Development Authority effective February 1,2013. 10a(10). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALFAmbulance Board. 10a(11). Appoint Councilmember as the Director and appoint Councilmember as the alternate to the Dakota Communications Center Board of Directors through December 31,2014. 10a(12). Appoint Councilmember as the City's representative to the CEEF Committee. 10a(13). Appoint Councilmember , Staff member David McKnight and a Planning Commission member to the Farmington/Empire Planning Advisory Committee. 40 10a(14).Appoint Councilmember ,Staff member David McKnight and a Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(15).Appoint Councilmember ,Staff member David McKnight,and a Planning Commission member to the Eureka/Farmingion Planning Advisory Committee. 10a(16).Appoint Councilmembers and to the MUSA Review Committee. 10a(17). Appoint Councilmembers and to the Ice For Tigers Committee. 10a(18). Appoint Councilmembers and to the Liquor Operations Committee. 10a(19). Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2013. 10a(20).Appoint by RESOLUTION R -13 David McKnight as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2013. 10a(21).Approve Council By-laws as presented. 10a(22).Approve the Council Policies as presented or advise of any desired changes. APIF,MOTION CARRIED. 41 �°�c�p, � City of Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 Rc+s.Ata° www.ci.farm1ngton.mn us TO: Mayor and City Council FROM: David J.McKnight,City Administrator SUBJECT: 2013 Official Newspaper DATE: January 7,2013 INTRODUCTION Each year the City Council designates an official newspaper for publications for city business. This action is taken at the first meeting of the year as a part of the organizational matters. DISCUSSION The City Council has struggled the past few years with this issue and the direction provided by state statute. With that in mind we had the City Attorney develop the form that the newspapers used to send in their proposals. State statute 331 A.04 deals with the designation of a newspaper for official publication for the city. A copy of state statutes 331A.01 (definitions)and 331A.04 are included with this memo for your review. The City shall designate a qualified newspaper in the following priority: 1. The known office of issue is located within the City shall be designated. 2. When no qualified newspaper has a known office of issue located in the City,a newspaper that has a secondary office located in the City shall be designated. 3. If no known office of issue or secondary office is located in the City,a qualified newspaper of general circulation shall be designated. The City Council may ignore the priorities set by state statute and select any qualified newspaper if all of the following conditions are met: 1. The newspaper is a qualified medium of official and legal publication. 2. The publisher of the newspaper furnishes a sworn statement covering a period of at least one year ending no earlier than 60 days before designation of the newspaper,stating that the newspaper's circulation reaches not fewer than 75%of the households within the City. 3. The newspaper has provided regular coverage of the proceedings of the governing body of the City and will continue to do so. 4. The City votes unanimously to designate the newspaper. 42 The City has received two proposals for our official newspaper for 2013,one from the Farmington Independent and one from the Farmington/Lakeville Sun Thisweek. All of the information submitted by the two newspapers is included with this memo for your review. The Farmington Independent has listed their known office of issue as an address within the city of Farmington. The Farmington/Lakeville Sun Thisweek has listed their know office of issue as an address in Apple Valley. They have listed their secondary office of issue as an address within the city of Farmington. The Farmington Independent has submitted a price of$8.74 per inch for printing legal notices. The Farmington Sun Thisweek has submitted a price of$10.00 per inch for printing legal notices. BUDGET IMPACT The costs for publishing required information in our official newspaper are included in various budgets in the 2013 city budget. ACTION REQUESTED With the priorities listed in state statute stating that the first priority for designating an official newspaper is that of a newspaper located within the City and the lowest bid being submitted by the Farmington Independent,city staff recommends that a motion be made to designate the Farmington Independent as the official newspaper for 2013. Respectfully submitted, David J.McKnight City Administrator 43 CITY OF FARMINGTON REQUEST FOR PROPOSAL FOR QUALIFIED NEWSPAPER SERVICES L INTRODUCTION The City of Farmington is seeking proposals from qualified newspapers interested in serving as the official newspaper for calendar year 2013 for the City of Farmington. II. SCOPE OF SERVICES The official newspaper will be used to publish miscellaneous public and legal notices, ordinances, proceedings and advertisements for the City. The newspaper must be a Qualified Newspaper at time of submission and maintain qualification specified in Minn. Stat. §331A.02 throughout the year. The official newspaper will publish all proceedings and public notices authorized or required by law for the City in conformance with the requirements of state law,will post all published notices on its web site at no additional cost consistent with Minn.Stat.§331A.02, subd.5,and will provide affidavits of publication for all notices. The successful newspaper must meet Minnesota legal requirements to be considered a "Qualified Newspaper within the City and an "Official Newspaper" of the City and must maintain its qualifications throughout the year. The City reserves the right to remove the successful newspaper as the designated Official Newspaper and to appoint a replacement, should the newspaper lose its qualifications. The City will comply with state provisions regarding designation of an official newspaper, including priority ranking for selection,and may avail itself of the authorized exceptions to the designation priority. Newspapers shall provide,as part of their responsive proposal,the information necessary under Minn.Stat. §331A.04,subd.6. III. INSTRUCTIONS TO PROPOSERS Proposals must be in writing and must be received by 1:00 p.m. on December 14, 2012. Proposals must be mailed or hand-delivered to David McKnight at City of Farmington,430 Third Street,Farmington,MN 55024. Proposals must include: 1) A signed affidavit of publication meeting the requirements of Minn.Stat.§331A.07. 2) A completed bid form that includes all information designated under Article N of this RFP. 3) For newspapers without their Known Office of Issue within Farmington,the sworn publisher statement as required by state law. 44 All questions concerning the proposal and correspondence should be directed to: David McKnight at 651-280-6801. In order to ensure a fair review and selection, applicants submitting proposals are prohibited from contacting any other city staff or councilmembers regarding these proposals. IV. STATEMENT OF CONTENT OF RFP All Proposals shall use the Proposal Form Attached hereto as Exhibit A and shall include all information required within Proposal Form. V. OTHER REQUIREMENTS A. Term. The Contract term shall be for a period of one(1)year.The start date will commence on approx. January 1, 2013 or upon Council action designating the official newspaper, and end on December 31, 2013, or until a successor official newspaper is designated. B. ,Affirmative Action. The applicant agrees to comply with all applicable laws relating to nondiscrimination, affirmative action, public purchase, contracting and employment. C. Governing Law. The designation shall be controlled by the laws of the State of Minnesota. D. Assignment. Assignment of the services provided under this designation will not be permitted. E. Compliance with Laws and Regulations. In providing services under this proposal, the successful newspaper shall abide by all statutes,ordinances,rules and regulations pertaining to the provision of the services to be provided. F. Rejection of Proposals. All information requested under Article N of this RFP, must be provided or the proposal may be rejected as incomplete. G. Late Submissions. Late submissions will not be considered. H. No Guaranty. The City utilizes newspaper related services on a continuing recurring basis. The City does not guarantee any specific amount and shall not be held responsible for any deviation in the volume of its advertising business. 70189 2 45 EXHIBIT A FARMINGTON OFFICIAL NEWSPAPER PROPOSAL Submission Date: / i a. Name of Publication: �ac0.i T,, -eN\- Name of Publisher: S`-hev e_ Mess tck Contact Person and Method/Means of Contact: C 1 W.etkw, 51 4 °6CUC a (r4 ,r v or ctb.% Specify address for the Known Office of Issue for your paper: 3I' . 0 RAC a iw,, NorNi IMO S O al- Specify address for the Secondary Office of Issue for your paper ,Note:,if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law,please include the following: a sworn statement by the newspaper publisher, verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper and,if the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. Provide the approximate readership of the newspaper: I)600 40 s'ecatO Provide the circulation or readership within the City of Farmington: 23G Provide the circulation within zip code 55024: x'15 Provide the delivery method for the newspaper: \),S. fKA Frequency of publication: V.)e..4\z.‘1 Legal notice deadline: 5 n�_ y ��`.�ti.etc ``° ) 70189 3 46 Indicate whether newspaper is compatible with Microsoft Word: yes Indicate whether newspaper is compatible with Adobe Reader: e If the newspaper is not compatible with Microsoft Word and Adobe Reader,identify what electronic means the newspaper would use to accept communications from the City: Identify the number of characters and spaces that your publication uses per line Identify the type size, in points, of legal notices (must be a minimum of six points): OS, Price per inch for printing legal notices: Note: The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspaper's regular customers. Provide the lowest classified rate for commercial users as described above: 70189 4 47 I Farmington Independent AFFIDAVIT OF PUBLICATION v ' PUBLIC HEARING , NOTICE I, CITY OF FARMINGTON STATE OF MINNESOTA) MOOS&To old*Moll 0101,400 sad COUNTY OF DAKOTA ) vancrignstromenasporromissookcom }yogq mil DCOrnfrrs 3,20x2.a 9:00' Pert Williams being duly sworn,on oath that he/she 1104,a1 o,won a , heard.Ali,yetsobC�ilfinY roibe-b�d.'fa per's grin aapl aiUbebeudnddatttm Is an authorized agent and employee of the publisher of the �v»eae; C0Y u Meetinw Chy Hatt j newspaper,known as The Farmington Independent,and has full knowledge "43o app F' �' of the facts which are stated below: 4' '!°P Cali c Muuer. lacgdive -Agd,WttOn2806tl7. •DATEDt'rlda20th dry orNa^aabc,2012 (A) The newspaper has complied with all of the requirements constituting .ter:D,vra MOuusbt qualification as a legal newspaper,as provided by Minnesota Statutes .0 I0h°1°�0P 331A.02,331A.07 and other applicable laws,as amended. -- - --—. _... ---- (B) The printed CITY OF FARMINGTON PUBLIC NOTICE which Is attached was cut from the columns of said newspaper,end was printed and published once each week for 1 successive • weeks;It was first published on Thursday,the 29TH day of NOV 2012 Thursday,to and Including Thursday,the 29TH day of NOV 2012 FARKINGTON INDEPENDE BY:i vg �t 4.Q TITLE: Legal Notice Clerk • — 1..-.and sworn to before me on this 10TH N OF DEC 2012 0, AP .1.1 ..../L_ igark:.:e // 4rAD Notary Pubic Lw� '+ AvR.EN Mv GEORGAKS S T, ,': Note►gfubtia•Ulnneaota , MynExptreeJansi,2o17 r Client 0 FEES: Order 0 1802057 File 0 Publication Fee $ 21.85 Please remit payment to: RiverTown Multimedia,PO Box 15,Red Wing,MN 55066 48 0 C0 0.f 0 grit'' :.,.g.- :4:: tO w now= ,.F_• 07 'I.cV N o (13 ÷5....; CD E cH ,„ M . ii.:, M ,�,,, N co M J ® N N Q O o n le- C . 0 'l\ r 0 C C V,/ _ i : 0 N N CO � C N -a C 2 T N t► (i7 0 .2 2 A N N C �> 2 tN N 7 U U ID � c~ J" o = w -D ,- o W m C Vi a. U C�` ® C rn E (I) 0 70 a) a) O cn = LL 0 0 kill CIF E = `- 'in 'v 0 = 49 1 C 0 (13 E C E ...... %-Z j � e f V o'C co LA Lomi V Z V N 0 4('''O'j ' CO Lim= emommem O / 0 O t+-r 164.1.1.1. 1 e C. ~�U W . e W. O) a) C r O O = -E- i r2 0 " ° (/) 1-1- ,L M J L'11 R a) T— Cu C.) Cl) ca I- U N O cc e a o to3 cI N ■ — N Z N O_ co L v ..0 Ci. J O i I 50 SUIC-Thisweek Dakota Coun Tribune BUSINESS WEEKLY 15322 Galaxie Avenue,Suite 219•Apple Valley,MN 55124.952-894-1111•Fax 952-846-2010 www.ThisweekLive.conm•www.DakotaCountyTribune.biz December 2012 City of Farmington Attn:Cynthia Muller 430 Third Street Farmington, MN 55024 Dear Ms.Muller: The Farmington/Lakeville Sun Thisweek would like to be considered for designation as the legal newspaper for the City of Farmington for the upcoming year. A benefit to publishing your legal notices in the Sun Thisweek is the free home delivery we provide. Weekly home delivery of the Sun Thisweek results in the most convenient and timely method of distributing legal notices to area residents.Because our newspapers provide the best source for community news,your legal notices have the greatest chance of being seen and read if published in the Sun Thisweek newspaper. All published legal notices are posted on our website,www.SunThisweek.com,at no additional charge.This enhancement to the local news coverage already available on our website will broaden the readership of your legal notices. Enclosed is our Bid Form,Publisher's Statement,and Affidavit of Publication sample.If you require more information to help you make your decision,please contact Lisa Smith in our Legal Notice Department at 952-392-6829.Thank you for considering the Farmington/Lakeville Sun Thisweek for legal newspaper designation for the City of Farmington.We appreciate the opportunity to serve the needs of your community. Sincerely, Jeff Coolman General Manager 51 BID FORM-Request for Qualifications and Proposals to serve as the City of Farmington's Official Newspaper for calendar year 2013. The City of Farmington will consider requests for appointment as the City of Farmington's official newspaper for 2013 from Qualified Newspapers(all terms as defined by M.S.§ 331A.01). Name of Publication: Farmington/Lakeville Sun Thisweek Date Submitted: December 10, 2012 Name of Publisher: ECM-Sun Group, LLC Contact Person: Lisa Smith (952-392-6829) for questions regarding the Bid Form Jan Scott(952-894-1111)for submitting legal notices for publication Please indicate specific address for the Known Office of Issue for your paper: 15322 Galaxie Avenue,Apple Valley, MN 55124 Please indicate the specific address for your Secondary Office of Issue:Sun Thisweek, 21130 Chippendale Avenue, Unit 100, Farmington, MN 55024 Note:if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law,please include the following: a sworn statement by the newspaper publisher,verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier than 60 days before designation of the newspaper,stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision;the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper and,if the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. What is the approx.amount of your readership and specifically,the circulation or readership within the City of Farmington and within zip code 55024: Average distribution:23,827 Distribution within 55024:9,245 (2.5 readers per household) What is the delivery method for your publication?Carrier Routes How often and when is your newspaper published?Weekly on Fridays What is the legal notice deadline? Tuesdays at 4:00 p.m. 52 The City intends to communicate and place notices via a-mails using Microsoft Word and/or Adobe Reader:Is that compatible with your newspaper or if not,what electronic means is acceptable? These are acceptable Please identify the number of characters and spaces that your publication has per line Average of 45 Type size,in points of legal notices(must be a minimum of six points): 6 points Price per inch for printing legal notices: $10.00 Note:the maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspaper's regular customers. What is the lowest classified rate for commercial users as described above? $68.50 per column inch Send responses to: City of Farmington Attn Cynthia Muller 430 Third Street Farmington,MN 55024 E-mail: cmuller@ci.fannington.mn.us 53 Newspaper Audit Report Sun Thisweek Farmington / Lakeville STATEMENT OF OWNERSHIP,MANAGEMENT AND CIRCULATION Frequency of Issue: Weekly No.of Issues Per Year: 52 Mailing Address of Office of Publication 15322 Galaxie Avenue,Suite 219,Apple Valley,MN 55124 Mailing Address of Headquarters of General Business Offices of the Publisher: 4095 Coon Rapids Blvd.NW,Coon Rapids,MN 55433 Full Name and Complete Mailing Address of the Publisher: Julian Andersen 4095 Coon Rapids Blvd.NW,Coon Rapids,MN 55433 Full Name and Complete Mailing Address of the Editor(s): Laura Adelmann-Farmington Editor Aaron Vehling-Lakeville Editor 15322 Galaxie Avenue,Suite 219 15322 Galaxie Avenue,Suite 219 Apple Valley,MN 55124 Apple Valley,MN 55124 Full Name and Complete Mailing Address of the General Manager: Jeff Coolman 10917 Valley View Road,Eden Prairie,MN 55344 Owners Name(s): Owner(s)Mailing Address(es): ECM-Sun Group,LLC 4095 Coon Rapids Blvd.NW,Coon Rapids,MN 55433 ECM PUBLISHERS,INC. - Stock Holders Owning 1%or more as of August 31,2012 ECM Publishers,Inc. Nathan&Benjamin Andersen Var&Co. Employee Stock Ownership Plan and Trust Irrevocable Family Trust FBO S&C Wilson 4095 Coon Rapids Blvd.NW P.O.Box 55969 US Bank National Association Coon Rapids,MN 55443 Lake Forest Park,WA 98155-0969 P.O.Box 1449 Minneapolis,MN 55481-1449 Andersen Book Trust Donald F.Zibell US Bank National Association 3422 Chandler Road Gene Merriam P.O.Box 1449 Shoreview,MN 55126-3914 12176 Bluebird Circle Minneapolis,MN 55481-1449 Coon Rapids,MN 55448 Elmer L.&Eleanor Andersen Foundation Jeffrey&Cynthia Athmann US Bank National Association Marge Winkelman 14405 51st Avenue North P.O.Box 1449 1009 Fairway Drive Plymouth,MN 55446 Minneapolis,MN 55481-1449 Princeton,MN 55371 Jamie M.Andersen Eleanor J.Andersen Revocable Trust Jeanne A.Meigs Family Trust P.O.Box 55969 US Bank National Association 710 East Belmont Lane Lake Forest Park,WA 98155-0969 P.O.Box 1449 St.Paul,MN 55117 Minneapolis,MN 55481-1449 Emily E.Andersen Julian L.Andersen P.O.Box 420 P.O.Box 55969 Storrs,CT 06268 Lake Forest Park,WA 98155-0969 Fxtent and Nature of Circulation 12 Month Average A.Average Net Press Run 24,036 B.Office/File 64 C.Controlled Distribution 1.Home Delivery 22,892 2.Controlled Bulk Delivery/Demand Distribution 1,008 3.Mail 5 4.Restock&Office Service 67 5.Other: 0 TOTAL AVERAGE CONTROLLED DISTRIBUTION 24,036 (Circulation Verification Council,P.O.Box 31523,St.Louis,MO 63131-0523) 54 AFFIDAVIT OF PUBLICATION LIG.Nb ['Lek- STATE OF MINNESOTA ) Notauf'gliiptafbe pti SS :' tPre rom rtoapo1§14 , COUNTY OF DAKOTA ) 0413.uunigaJON Al+nwt it.64: P8W101i &zioat4Y;>�en[pi,- v5� `' {I EI REs 6"aTiisi® lYsr tlab , ,iitA 'OP iNES.oi'.n:. r.."$- -, O'D_OTA� fri* Tad Johnson, being duly sworn on oath says that he is the managing editor of the :% _rt 4 , ,, iotsTnt�r`eoi>itr ,b, _. ..,.slice -.1. _ newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts FaiaC,ittntcrAr.u which are stated below '8itiate�1 T' 6TIIY'IOT..� e; ,te `._;.` otic .. (A) The newspaper(s) has/have complied with all of the requirements constituting .;^-Jtla; tdbrs4 0, 01atlao i_iii at- qualifications as a legal newspaper(s), by=*,; ` ;abet°;�e.go;a,ec acg0.1i;im,it: 8a '�spaper(), as provided b Minnesota Statue 331A.02, 331A.07 *414 01 t1 be heidin tills }&i1 at and other applicable laws,as amended. Dak,'otta(�+ouptyAlid.utsl tit t+ro-- iiats,i1�,Mlp=esa a.for thesttd,'(usl• (B) The printed legal notice, which is attached was cut than the columns of said >iage,��-� ia:'foi tt�a adjudtitar-- =r nartuteecyya i;e_dfaerbtiatiaa•ief, newspaper(s) and was printed and published once a week for two consecutive weeks; it was .appoint nizeninedeht;0:440iiitle= published on Thursday, the 29th day of November, 2012, and was therefore printed and raptiotlt'me'at'Af Manic KI' ctm.' P� y, Y s vbdea lttleaa'ia•peva.-�' lieu published on every Thursday to and including Thursday, the 6th day of December, 2012, and .rArOiu s AI2J! an:�ti tine ;p alnai_- tedvcdfil;st�st�;or• printed below is a copy of the lower case alphabet from A to Z, both inclusive, which Is tpe;l>epedsa't la�• u:ttainlpirtvis60 hereby acknowledged as being the size and kind of type used In the composition and ,fdsifu1f401411 I11i7:0:0;0110t4tu tie- ':Petiti■n Inupt'be toed sekthe-Court publication of the notice prior or raised at`1412#0114.,11. :•proper and Itrio bf ens are Qtad or -raaised. tie persoaat r'epiesed the wiil- hts Pppotntad with full.a pier pdmld-" akddredsomopcitungya Tatar tikg14ate Jnotudr�'th¢ ;w 'coltoai 01.444.py,atl legal de4 - ali:teraua.a .;-nndiiu **id aoiyq p�Bert:itj doill aerR ilifp614 1or411e irk_-, :-; i AottOI-alaa-pt it Way(f.wet ithip4t0.-020-8110 pll-outltore /4•■=at, isavlad i islese*Oat*,1laiate airs: P1stso '''. cs 'eaeuiatl+e or 1°th a Court : tloq.rr within four aitasg Ow: Managing Editor the or-thile notice or a claims willtOtailed ,:.•:� .> .. ,• ;= . ::• _.':rairire Sutherland - Subscribed and sworn to before me on - cad a-,--,'s'``,. this 6th clay of Dumber,2012 Attortiay forP.afwntl Reprpeopbsnve ., ]mod A..laa4110 . :, ?60toStMario-Aa4uo 1109 -.WBatn,'I sci18L.: _`, - _ e Lomedltod lt?l _ _ facp er8ltisa8dT:;�.4 - :„ 1225149 - . -° -1U20,i8tBttar tAJ 1 • SeZtA Notary Public . • 1.x,11`' .. • t,43r b i<'(Pt', —f i :,1:0 11oir.1i. ''1oh& pin itttow. Li 1.v..;li i,i.• ,,,",sNSffitn F-&p Jan 31 al, ,- Mll,tnM/V-vvvo t onftt2tiar,•4 8226268 55 1 MINNESOTA STATUTES 2012 331A.01 331A.01 DEFINITIONS. Subdivision 1.Scope.As used in sections 331A.01 to 331A.11,the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd.2.Known office of issue.,"Known office of issue"means the newspaper's principal office devoted primarily to business related to the newspaper,whether or not printing or any other operations of the newspaper are conducted at or from the office.A newspaper may have only one known office of issue. Subd.3.Political subdivision."Political subdivision"means a county,municipality,school district,or any other local political subdivision or local or area district,commission,board,or authority. Subd.4.Municipality."Municipality"means a home rule charter or statutory city or town. Subd. 5. [Repealed,2004 c 182 s 33] Subd.6.Proceedings. "Proceedings"means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting,and at minimum includes the subject matter of a motion,the persons making and seconding a motion,the roll call vote on a motion,the character of resolutions or ordinances offered,including a brief description of their subject matter,and whether defeated or adopted. Subd.7.Public notice."Public notice"means every notice required or authorized by law or by order of a court to be published by a qualified newspaper,and includes: (1)every publication of laws,ordinances,resolutions,financial information,and proceedings intended to give notice in a particular area; (2)every notice and certificate of election,facsimile ballot,notice of referendum,notice of public hearing before a governmental body,and notice of meetings of private and public bodies required by law; m ,order,citation,notice of sale or other notice is to inform a person(3) that every the sum person ons may or shall do an actor exercise a right within a which designated intended period or upon or by a designated date;and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd.8.Qualified newspaper."Qualified newspaper"means a newspaper which complies with all of the provisions of section 331A.02.The following terms,when found in laws referring to the publication of a public notice,shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper,"and"medium of official and legal publication." Subd.9.;Secondary office. "Secondary office"means an office established by a newspaper in a community other than that in which its known office of issue is located,in the same or an adjoining county,open on a regular basis to gather news and sell advertisements and subscriptions,whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10.Summary."Summary"means an accurate and intelligible abstract or synopsis of the essential elements of proceedings,ordinances,resolutions,financial statements,and other Copyright®2012 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 56 2 MINNESOTA STATUTES 2012 331A.01 official actions.It shall be written in a clear and coherent manner,and shall,to the extent possible, avoid the use of technical or legal terms not generally familiar to the public.When a summary is published,the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail.A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published.No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444;2004 c 182 s 3-7 Copyright®2012 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 57 1 MINNESOTA STATUTES 2012 331A.04 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1.Priority.The governing body of a political subdivision,when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd.2.Known office in locality.If there are one or more qualified newspapers,the known office of issue of which are located within the political subdivision,one of them shall be designated. Subd.3.Secondary office in locality.When no qualified newspaper has a known office of issue located in the political subdivision,but one or more qualified newspapers maintain a secondary office there,one of them shall be designated. Subd.4.General circulation in locality.When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision,then a qualified newspaper of general circulation there shall be designated. Subd.5.Other situations.If a political subdivision is without an official newspaper,or if the publisher refuses to publish a particular public notice,matters required to be published shall be published in a newspaper designated as provided in subdivision 4.The governing body of a political subdivision with territory in two or more counties may,if deemed in the public interest, designate a separate qualified newspaper for each county. Subd.6.Exception to designation priority.(a)Notwithstanding subdivisions 1 to 3,the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices,if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement,verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlier j than 60 days before designation of the newspaper,stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so;and (4)the governing body votes unanimously to designate the newspaper. (b)If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7.Joint bidding.A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid;and Copyright©2012 by the Office of the Revisor of Statutes,State of Minnesota.An Rights Reserved. 58 2 MINNESOTA STATUTES 2012 331A.04 (3)the board is free to reject the joint bid and,if it does,individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23;2003 c 59 s 1;2004 c 182 s 14 Copyright®2012 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 59 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 2013, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association,a Minnesota corporation("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by action of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety(90)days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 167961 1 Civil Municipal 2013 2014 Partners $145.00 $150.00 Associate Attorneys $127.00 $130.00 Legal Assistants/Law Clerks $ 77.00 $ 80.00 Legal services included are: • Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. • Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. • Reviewing all Council and Planning Commission agenda items and minutes. • Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. • Reviewing municipal contracts, including contracts for public improvements, developments,joint powers agreements, construction and purchase of equipment. • Consulting on employment related issues. • Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. • Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. • Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. • Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. • Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. • Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. • Civil litigation, condemnation and other civil actions. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City,billed at the following hourly rates: Prosecution 2013 2014 Partners $135.00 $140.00 Associate Attorneys $120.00 $125.00 Legal Assistants/Law Clerks $ 78.00 $ 81.00 167961 2 C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. Costs: Out-of-pocket costs without mark-up. Costs include: • Westlaw research • Recording/filing fees • Postage of 500 or more • Photocopies at 200 per copy • Long distance telephone calls • Miscellaneous litigation E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty(30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest,Attorney shall inform the City of the conflict. Attorney may: 167961 3 i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties;or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. ,70/3 Dated e.cg c, 2 ,2Q4 CITY OF FARMINGTON CIF By: Todd Larso Mayor By:• avid McKni: . Administrator Dated: as• /'7 ,2012 CAMPBELL KNUTSON Professional Association B - ` / s�/ Joel J. J. ice, Its ' ce President By: i Ellio -: etsch, Its Vice President 167961 4 City of Farmington p&ue 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 "t00 wwwci.farmington.mn.us TO: Mayor,Councilmembers,City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Official Depositories of City funds DATE: January 7,2013 INTRODUCTION: Each year,official depositories of funds have been designated by the City Council. In accordance with statute and City policy,the following vendors are recommended as depositories for fiscal year 2013: Anchor Bank of Farmington League of Minnesota Cities 4M Fund Morgan Stanley(formerly Smith Barney) Premier Bank RBC Capital Markets Roundbank(Farmington) Wells Fargo investments These depositories have received and will comply with the City investment policy. There is no change to the investment policy in 2013. BUDGET IMPACT: Revenues for investment interest are in the 2013 budget. RECOMMENDATION: Staff is recommending Council designate the above as City depositories for 2013. 64 RESOLUTION NO. R1-13 DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA •PRACTICES COMPLIANCE OFFICER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 7th day of January 2013 at 7:00 p.m. Members Present: Larson,Bartholomay, Bonar, Donnelly, Fogarty Members Absent: None Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS,The Minnesota Data Practices Law requires the City to appoint a Responsible Authority. NOW,THEREFORE,BE IT RESOLVED by the City Council of Farmington, Minnesota, hereby appoints David McKnight, City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Brian Lindquist as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Brenda Wendlandt as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of January 2013. ayor Attested to the /14 day of January 2013. 4)2'14; (-)// lkj Administrator SEAL COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I,Chapter 5,Section 2 of the Farmington City Code. These by-laws,when adopted,are intended to deal with matters not otherwise covered by State Law,City Ordinance or elsewhere. SECTION I-MEETINGS SUBD.1 -Regular meetings of the City Council shall be held on the first(1st)and third(3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings,including special and adjourned meetings,shall be held in the City Hall unless otherwise designated. SUBD.2-Special meetings of the Council may be called by the Mayor or by any two members of the Council in writing,filed with the Clerk. At least 3 days before the meeting,the Clerk shall notify each member of the time,place and purpose of the meeting by electronic notice to be sent to him/her personally. At least 3 days prior to the meeting,the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that,in the judgment of the Council,require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed,but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD.3-At the first regular Council meeting in January of each year,the Council shall:(1) designate the depositories of City funds;(2)designate the official newspaper;(3)pursuant to this section,choose an Acting Mayor from the trustees,who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City,or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year-Member serving r year of term who received the most votes when elected; Even Numbered Year-Member serving 4th year of term who received the 2 most votes when elected. SUBD.4-Commission appointments for boards and commissions shall be made at the second(2"a) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD.5-All Council meetings,as defined by State Law,including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council,in writing,as to his interpretations of the State"Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council,in writing,and have the subject placed on the agenda for discussion. 66 SUBD.6—Council shall adopt such policies that will ensure an orderly,mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer,typically the Mayor,or any other such Councilmember in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II-PRESIDING OFFICER;RULES OF ORDER SUBD. 1 -The Mayor shall preside at all meetings of the Council. In the absence of the Mayor,the Acting Mayor shall preside. In the absence of both,the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD.2-The presiding officer shall preserve order,enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council,and the mover,as well as the seconder,must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated,cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member,while speaking,shall confine him/herself to the question at hand and avoid all personal,indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him/her personally,s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held,the presiding officer,during the open hearing,shall allow any member of the public present,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting,the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3-Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 67 SECTION III-AGENDAS SUBD.1 -The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to Council under the"Approve Agenda"section of the meeting. SUBD.2 -The Clerk shall submit a copy of the agenda to the official newspaper and other appropriate media outlets for publication on the Wednesday afternoon preceding the Council meeting. SUBD.3-The agenda packet shall be distributed electronically to the Council by 6:00 p.m.on the Thursday preceding the Council meeting. SUBD.4-Any Councilmember can place an item on the agenda by so instructing the Clerk. SUBD.5-No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD.6-The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed,but no action may be taken if any member objects. SUBD.7-A consent agenda may be included as part of the agenda,to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Councilmembers. SECTION IV-ORDER OF BUSINESS SUBD. 1 -Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda(All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions,Requests and Communications 3 68 (11) Unfinished Business (12) New Business (13) Council Roundtable (14) Adjourn SUBD.2-The order of business may be varied by the presiding officer,with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda,or may be varied to facilitate the efficient conduct of Council business. SUBD.3-Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V-MINUTES SUBD.1 -Minutes of each Council meeting shall be kept by the Clerk,or,in his absence,his designee. In the absence of both,the presiding officer shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD.2-The minutes of each meeting shall be reduced to typewritten form,shall be signed by the taker,and included in the agenda packet for approval at the next Council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud,but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD.3-In addition to typewritten minutes,each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's office In a secure location for a period of 3 months from the date the minutes are approved. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD.4-The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL)MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions,communications,decisions,including a copy of each motion exactly as stated,whether or not the motion had a second and,if so,whether or not it was adopted,and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. 4 69 SECTION VI-QUORUM AND VOTING SUBD.1 -At all Council meetings a majority of all the Councilmembers elected shall constitute a quorum for the transaction of business. SUBD.2-The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda;approval of the minutes;approval of the consent agenda;and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member,being present,does not vote,the minutes shall be stated"Abstain: Name." SUBD.3-Except as otherwise provided by statute,a majority vote of a quorum shall prevail. SECTION VII-ORDINANCES,RESOLUTIONS,MOTIONS,PETITIONS AND COMMUNICATIONS SUBD.1 -If requested by any member of the Council,every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD.2-Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk,and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD.3 -Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number,if any,and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof,shall be amended by reference to title alone,but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII-ADMINISTRATOR REVIEW SUBD. 1 -The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. D. The City Attorney shall tabulate the results of the evaluation without any reference to individual Councilmembers. 5 70 E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX-BOARDS AND COMMISSIONS;MINIMUM PERFORMANCE SUBD.1 -There shall be submitted to the Council at the first meeting of January of each year,a performance report of various Boards and Commissions. SUED.2—Attendance reports shall be submitted to the Council on the following citizen involvement in Boards and Commissions: Water Board,Planning Commission,Parks and Recreation Advisory Commission,Rambling River Center Advisory Board,Heritage Preservation Commission and Economic Development Authority. SUBD.3-Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD.4-It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council,Board or Commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. 1 -Definitions For the purpose of this section,the following terms shall have these meanings given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include,but not be limited to,the following: Travel(except auto mileage within 25 miles),meals,registration,tuition,course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include,but not be limited to,the following: Council meetings outside of the City limits,League of Minnesota Cities functions,training sessions,education courses,official City business,legislative meetings,seminars,meetings where City representation is requested. SUBD.2 -An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on behalf of the City,except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). 6 71 SUBD.3-Procedure: A. A request to attend an official function,or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C)are met,or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures,and reimburse the City for any unused portion. SUBD.4-The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget,provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI-SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2-These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XII-EFFECTIVE DATE SUBD. 1 -These by-laws have been adopted by the Council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Reviewed: 1/3/12, 1/7/13 Amended: 8/03/87, 1/21/92,4/20/92,8/17/92,2/01/93,7/18/94,9/06/94, 1/17/95, 1/16/96,3/03/97, 11/03/97, 1/05/98,2/1/99, 1/18/05,2/2/09, 1/3/12 7 72 COUNCIL POLICY-01 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members,the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint,she or he is encouraged to contact the City Administrator,or if the referring service department is known,the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. Adopted 10/6/97 73 COUNCIL POLICY-02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. Adopted 10/6/97 74 COUNCIL POLICY-03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale,process,and procedures issues and associated background information,but should allow staff to exercise their professional judgment with confidence. Adopted 10/6/97 75 COUNCIL POLICY-04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible,considered,and objective manner. Adopted 10/6/97 76 COUNCIL POLICY-OS CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file,the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 77 COUNCIL POLICY—06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purposse of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. • Welcome and encourage citizen comments on matters of interest or concern • Preserve and promote the accurate exchange of information • Preserve the equal rights of citizens to communicate their views • Provide for an orderly,courteous,and efficient meeting • Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 78 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1/05 79 COUNCIL POLICY-07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council. Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local,state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. • Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. • Any Council member may request that a workshop be held to discuss a matter,however, items will only be scheduled for a work session by a majority of the Council. • The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions. • Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. • Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. • Workshop meeting dates,when requested and approved by Council,shall be scheduled as needed and meet the requirements of the Open Meeting Law. WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council,members shall have the opportunity to freely express their thoughts, ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 80 considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. While individual and group positions may be formed as part of this process,no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. This policy may be amended by a majority vote of Council as deemed necessary and appropriate. Adopted 10/6/97 81 rio`��` City of Farmington 430 Third Street +*',. Farmington,Minncsota �. 651.280.6400•Fax 651.280.6899 www.d.earmingcim mn ux TO: Mayor, Council Members and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Draft Lake Marion/South Creek Regional Greenway Master Plan DATE: January 7, 2013 INTRODUCTION Dakota County has begun the process of developing a master plan for an alignment of a new regional greenway called the Lake Marion/South Creek Regional Greenway. DISCUSSION Work began on the development of the regional greenway master plan in July 2012. City staff members have been involved in two Technical Advisory Group(TAG)meetings in order to assist Dakota County staff with the planning of a new regional greenway that includes a portion of Farmington. Exhibit A shows a map of the draft potential alignments for the Lake Marion/South Creek Regional Greenway. As you can see on the map,the greenway includes a portion of South Creek, which flows through Farmington.The TAG meetings have included staff from Dakota County, City of Burnsville, City of Lakeville, City of Farmington,Three Rivers Park District, Scott County, Vermillion River JPO, and Dakota County Historical Society. The next step in the master planning process involves having Dakota County staff hosting two open houses where additional public input is being sought on the draft potential alignments of the regional greenway. The public is invited to attend one or both of the following two open houses: Tuesday, January 15, 2013 Thursday, January 24, 2013 6:00-8:00 p.m. 6:00-8:00 p.m. Lebanon Hills Regional Park Visitor's Center City of Lakeville Water Treatment Facility 860 Cliff Road 18400 Ipava Avenue Eagan, MN 55123 Lakeville, MN 55044 The regional greenway master plan is anticipated to be completed by June 2013. ACTION REQUESTED No action is being requested. The intent is to inform the City Council and the public both about the development of the Lake Marion/South Creek Regional Greenway Master Plan and the upcoming open houses that will be held by Dakota County where additional input may be provided by the public. Respectfully submitted, Randy Distad, Parks and Recreation Director 82 E)‹h4911- A Lake Marion/South Creek Greenway DRAFT POTENTIAL ALIGNMENTS 12.10.2012 , ,,,,---r--,- _ 0 r-r • , y rp,;,; "'A 11100)41 = . , ,----_ -_ • - 1...3 0 BLOOMOK1011,,,.,3 AI —a RAI \A*1 rillipiii 0,7 jo IIW. 16' lau i ...,„...".y e...E..' k ..2 = - t _. mr-- MAW=AV4._ i r.:4 'A -:•■ . -71* 1 __.r V 4.f, . ••■ <-- t. ' ' ' ''' 6,alk-■- la.. ' - '1!... '''' ' - 0 / 1 -.4.;.. . 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