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HomeMy WebLinkAbout01.04.16 Council Packet Farmington Meeting Location: City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA JANUARY 4, 2016 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (12/21/2015 Regular)—Administration Approved b) Annual Report of City Council, Boards and Commissions Attendance— Administration Information Received c) Adopt Resolution Accepting Donation from Farmington Firefighters Relief Association—Fire R1-16 d) Adopt Resolution Accepting Donations to the Rambling River Center— Parks and Recreation R2-16 e) Approve 2015 Tree City USA Application for Certification—Engineering Approved f) Approve Separation Agreement—Human Resources Approved g) Approve Termination—Human Resources Approved h) Adopt Resolution TH3 Traffic Signal Agreement—Engineering R3-16 i) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Approve On-Sale Liquor License Carbone's Pizza and Sports Bar- Administration Approved b) Amend 2016 Fee Schedule—Liquor License Fees - Administration Approved 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 2016 Annual Organizational Matters - Administration Approved, R4-16 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution Approving Limited Use Permit TH3 Trail—Engineering R5-16 b) Approve Renaming of Arts and Crafts Room Rambling River Center—Parks and Recreation Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN ttikRitzia City of Farmington ea o eFarmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4 �° www.ci farmington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Approve City Council Minutes (12/21/2015 Regular)-Administration DATE: January 4,2016 INTRODUCTION Attached are the December 21, 2015 city council minutes. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the December 21,2015 city council minutes. ATTACHMENTS: Type Description © Exhibit Council Minutes (12/21/2015 Regular) COUNCIL MINUTES REGULAR December 21, 2015 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Troop 119 led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay, Bonar, Donnelly,Pitcher Members Absent: None Also Present: Joel Jamnik, City Attorney; David McKnight, City Administrator; Robin Hanson, Finance Director; Adam Kienberger, Community Development Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Justin Elvestad, Assistant Fire Chief; Cynthia Muller, Executive Assistant Audience: Josh Larson, Parker Sorenson, Calvin Ramthun, Eric Heddinger, Thomas Goeber, Brian Goeber, Phil Ramthun, Jamie Larson 4. APPROVE AGENDA City Administrator McKnight added item 71) Approve Waste Delivery Agreement with Ramsey/Washington Energy Board. MOTION by Bartholomay, second by Donnelly to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Pitcher to approve the Consent Agenda as follows: a) Approved Council Minutes (12/7/2015 Regular)(12/14/2015 Work Session) - Administration b) Approved Temporary On-Sale Liquor License Knights of Columbus - Administration c) Adopted RESOLUTION R73-15 Approving Gambling Event Permit for Farmington Volleyball Club—Administration d) Adopted RESOLUTION R74-15 Accepting Donations to the Rambling River Center—Parks and Recreation e) Adopted ORDINANCE 015-711 Amending Section 10-5-21 (Industrial Park) of the Zoning Code Allowing Food Processing Facilities as a Conditional Use— Community Development 0 Adopted ORDINANCE 015-712 Amending Sections 10-5-17 (Spruce Street Commercial), 10-5-18 (Business/Commercial Flex)and 10-5-20 (Mixed-Use Commercial/Residential) of the Zoning Code Reclassifying Restaurants Class III as a Conditional Use—Community Development Council Minutes(Regular) December 21,2015 Page 2 g) Approved Administrative Policies and Procedures—Review and Changes— Human Resources h) Approved Fire Equipment Purchase—Fire i) Amended 2016 Fee Schedule—Fire j) Adopted RESOLUTION R75-15 Authorizing 195th Street Reconstruction Project Internal Loan from the Storm Water Trunk Fund to the Maintenance Fund— Finance k) Approved Bills 1) Adopted RESOLUTION R76-15 Approving Waste Delivery Agreement with Ramsey/Washington County Energy Board—Municipal Services APIF,MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution Approving 2016 Budget and Tax Levy-Finance At the December 7,2015, Council meeting the City Council reviewed the 2016 budget which included elimination of a part-time administrative position at the Rambling River Center. The Rambling River Center Board offered a cost sharing proposal to enable the city to retain that position. Council held a workshop on December 14, 2015,to discuss the proposal. During the workshop, City Administrator McKnight offered a couple options to retain the position. Council reached a consensus to use existing staff to fill the position by eliminating some work that is currently being done,which will be determined by the city administrator. The final tax levy numbers are the general fund at$8,747,170 plus a debt levy of $2,970,848 for a gross levy of$11,718,018. After taking into consideration the fiscal disparities of$2,104,764,there is a net tax levy of$9,613,254 or a 4.9% increase over the 2015 levy. Staff recommended approval of the 2016 tax levy and budget with the modification that the part-time administrative position at the Rambling River Center will not be eliminated and those services will be reallocated through existing staff and the elimination of work elsewhere in the city by the city administrator. Councilmembers appreciated staff's work on this budget,but had concerns for the 2017 budget. MOTION by Bartholomay, second by Bonar to adopt RESOLUTION R77-15 approving the tax levy for the year 2016 tax collection and the 2016 budget with the modification that the part-time administrative position at the Rambling River Center will not be eliminated and the position will be filled with existing staff and the elimination of work elsewhere in the city by the city administrator. Voting for: Larson,Bartholomay, Bonar,Donnelly. Voting against: Pitcher. MOTION CARRIED. Council Minutes(Regular) December 21,2015 Page 3 12. NEW BUSINESS a) Approve Final Pay Request and Final Change Order—Henderson's Addition Project—Engineering Part A of the change order reduced the original contract amount by$6,600. Part B is the additional items not included in the original contract and added$18,000 for a net total in the change order of$11,400, which is over the original bid price, but within the project budget. MOTION by Bartholomay, second by Bonar to approve the change order and final pay request for the Henderson's Addition Rehabilitation project. APIF,MOTION CARRIED. b) 2015/2016 Strategic Plan Update-Administration City Administrator McKnight presented five highlights of 2015 that fit the strategic plan. There are four areas of emphasis including organizational development, community development, communication/engagement and finance/operations. There are a number of projects under each of these areas. The most important items accomplished in 2015 are: 1. Progress on the citywide financial plan. A 30-year financial plan was developed and there will be an update early next year. Council and staff has looked at larger projects and how they impact current and future budgets and tax levies. All funds are moving towards a positive fund balance and we are almost there. 2. The community survey was completed with positive results. The survey showed 87%of residents felt we are moving in the right direction. The small town feel and the housing and neighborhoods were the most liked attributes of Farmington. The number one desire is economic development. 3. Continued collaborations such as the 195th Street project with a number of government units. The school board will be using the council chambers for their meetings beginning in January. There is the broadband project with ten other cities and the county which will continue into 2016. The partnership with ALF has been in place for many years. We work with Lakeville for fire marshal services. There is a long standing street maintenance agreement with dozens of other cities for seal coating, etc. A new contract was developed with Allina Health so they can store an ambulance in one of our fire stations. 4. The city received a bond rating upgrade from AA-to AA,which had an immediate savings for the 195th Street bonds of$200,000. 5. Completion of the 195th Street project was in the strategic plan. This was a two-year project completed in one year. We had a partnership with the county, school district and bus company. We now have an east-west corridor through Farmington. Council thanked staff for their work on these projects. 13. COUNCIL ROUNDTABLE Councilmember Donnelly: Wished everyone a Merry Christmas and Happy New Year. No snow has been a big plus for the city. Council Minutes(Regular) December 21,2015 Page 4 Councilmember Bartholomay: Council has the easy job of bringing our visions to staff and staff does the hard work to put them into a working plan. Thanked the fire department for attending the council meetings and their outreach efforts. Wished everyone a happy holiday. Councilmember Pitcher: Wished everyone a Merry Christmas and Happy New Year. City Administrator McKnight: Thanked the police department for a successful Toys for Town event last Saturday. Many other departments helped and served 73 families which included 209 children. Community Development Director Kienberger: We have a new business downtown, TOWN Sports,where a ribbon cutting was held last week. Thanked everyone who attended the Downtown Redevelopment Plan Open House. Updates, future open houses, and documents can be found on the city website. Parks and Recreation Director Distad: With the warm weather we do not have outdoor ice. Once the temperatures drop flooding of outdoor rinks will be done. Human Resources Director Wendlandt: Wished everyone a happy holiday. Mayor Larson: City offices will be closed December 24 and 25, 2015. The garbage and recycling schedule is on the website. If your normal day is Thursday, it will be picked up on Wednesday; if your normal day is Friday, it will be picked up Monday. The Rambling River Center steak fry fundraiser will be held January 16,2016,at the VFW. He thanked council and staff for a great year. He encouraged residents to shop local as the money spent here stays here. He wished everyone a Merry Christmas. 14. ADJOURN MOTION by Bartholomay, second by Donnelly to adjourn at 7:28 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant o�E 4 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .apas0 .. WWW ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Annual Report of City Council,Boards and Commissions Attendance-Administration DATE: January 4,2016 INTRODUCTION Section IX of the city council by-laws calls for the submittal of a report stating the number of meetings and the attendance records for the city council and various board and commission members. DISCUSSION The 2015 attendance record for all seats on the city council and boards and commissions is as follows: CITY COUNCIL Mayor Larson Present 38 out of 40 meetings Councilmember Bartholomay Present 34 out of 40 meetings Councilmember Bonar Present 39 out of 40 meetings Councilmember Donnelly Present 30 out of 40 meetings Councilmember Pitcher Present 39 out of 40 meetings PARKS AND RECREATION ADVISORY COMMISSION Dave McMillen Present 12 out of 12 meetings Chad Elliott Present 9 out of 12 meetings Rob Carpentier Present 8 out of 12 meetings Mike Haley Present 6 out of 12 meetings Gene Spars Present 6 out of 9 meetings (resigned October 2015) PLANNING COMMISSION Dirk Rotty Present 12 out of 12 meetings Lydia Bjorge Present 11 out of 12 meetings John Franceschelli Present 10 out of 12 meetings Steve Kuyper Present 10 out of 12 meetings Jerry Rich Present 10 out of 12 meetings RAMBLING RIVER CENTER ADVISORY BOARD Marilyn Briesacher Present 11 out of 11 meetings Roger Wood Present 11 out of 11 meetings Fred Schmidtke Present 10 out of 11 meetings Marge Koski Present 10 out of 11 meetings Sarah Miller Present 9 out of 11 meetings Charles Weber Present 10 out of 10 meetings (resigned November 2015) WATER BOARD Tom Jensen Present 11 out of 11 meetings Bill Weierke Present 10 out of 11 meetings Mitchell Snobeck Present 9 out of 11 meetings HERITAGE PRESERVATION COMMISSION LeeAnn Lehto Present 6 out of 6 meetings David McMillen Present 6 out of 6 meetings Zachary Mohlis Present 6 out of 6 meetings John Franceschelli Present 5 out of 6 meetings Michael Haley Present 3 out of 6 meetings ECONOMIC DEVELOPMENT AUTHORITY Doug Bonar Present 8 out of 8 meetings Todd Larson Present 7 out of 8 meetings Geraldine Jolley Present 7 out of 8 meetings Steve Wilson Present 6 out of 8 meetings Kirk Zeaman Present 6 out of 8 meetings BUDGET IMPACT N/A ACTION REQUESTED This items is for information only. Na• City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,, 04° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Adopt a Resolution Accepting Donation from Farmington Firefighters Relief Association-Fire DATE: January 4,2016 INTRODUCTION Staff seeks to have city council adopt a resolution accepting a$30,000.00 donation from the Farmington Firefighters Relief Association. DISCUSSION The Farmington Firefighters Relief Association would lice to donate$30,000.00 from gambling proceeds to the Fire Capital Projects Fund. These donated funds are used to fund improvement projects and/or tools and equipment that may otherwise not have been budgeted for throughout the year. Recent examples include portable radios,fire helmet accountability shields, and repairs and updates to vehicles. BUDGET IMPACT A$30,000.00 donation will be placed in the Fire Capital Projects Fund. ACTION REQUESTED Adopt the resolution accepting and acknowledging the donation from the Farmington Firefighters Relief Association. ATTACHMENTS: Type Description CI Cover Memo A Resolution Accepting Donation from FFRA RESOLUTION NO. R1-16 A RESOLUTION ACCEPTING DONATIONS TO THE FARMINGTON FIRE DEPARTMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 4th day of January 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS,the Farmington Fire Department provides fire and emergency medical services; and WHEREAS,the Farmington Firefighters Relief Association from time to time donates substantial funds to the City of Farmington from gambling proceeds, NOW THEREFORE BE IT RESOLVED that, after due consideration, the Mayor and City Council of the city of Farmington, Minnesota, hereby accept the monetary donation of $30,000.00 from the Farmington Firefighters Relief Association to the city of Farmington Fire Department to be deposited in the Fire Capital Projects Fund. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 4th day of January 2016. o d Larson, Mayor Attested to on the 714 day of January 2016. avid McKnight, Ci A strator SEAL ottRiksh, City of Farmington 430 Third Street Farmington, Minnesota 1VS 651.280.6800 -Fax 651.280.6899 444'A www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donations to the Rambling River Center-Parks DATE: January 4, 2016 INTRODUCTION A donation was recently made to the Rambling River Center(RRC)by Happy Harry's Furniture. DISCUSSION A cash donation of$294.60 was made by Happy Harry's Furniture to the Rambling River Center. The donation was made through a program created in 2011, in which a customer of Happy Harry's Furniture is able to select a charity of their choice to receive a donation when merchandise is purchased from the store and then 10%from the sale to the customer is donated to the charity. The Rambling River Center is one of the charities that can be selected. With this most recent donation,Happy Harry's Furniture has donated a total of$7,287.35 to the Rambling River Center since the program's inception. This donation has been deposited into the Rambling River Center Capital Improvement Fund. Staff will communicate the city's appreciation on behalf of the Council to Happy Harry's Furniture, for their generous donation to the Rambling River Center. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the donation of$294.60 from Happy Harry's Furniture to the Rambling River Center. ATTACHMENTS: Type Description 0 Resolution Donation Resolution RESOLUTION NO. R2-16 ACCEPT CASH DONATION TO THE RAMBLING RIVER CENTER FROM HAPPY HARRY'S FURNITURE 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 4th day of January,2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly,Pitcher Members Absent:None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS, a$294.60 donation was made by Happy Harry's Furniture to the Rambling River Center; and, WHEREAS, it is required by State Statute that this donation be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE,BE IT RESOLVED the City of Farmington hereby accepts with gratitude the generous donation of$294.60 from Happy Harry's Furniture to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January, 2016. :— ayor Attested to the ?714 day of January, 2016. • Administra or SEAL �oEF�R�i� City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 1..4 ° www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jennifer Dullum SUBJECT: 2015 Tree City USA Application for Certification-Engineering DATE: January 4,2016 INTRODUCTION For the past 25 years, the City of Farmington has been recognized as a Tree City USA community through the Arbor Day Foundation. DISCUSSION The four standards that must be met to qualify as a Tree City are;a tree board or tree department, a tree care ordinance, a community forestry program with an annual budget of at least$2 per capita, and an Arbor Day observance and proclamation. The City of Farmington meets the above qualifications and is requesting authorization to apply for 2015 Tree City USA recertification. BUDGET IMPACT There is no additional budget impact. ACTION REQUESTED Approve the city applying for 2015 Tree City USA recertification. ATTACHMENTS: Type Description ® Backup Material 2015 Application for Certification Page 1 of 1 • Print this page Tree City USA 2015 Application for Certification TREE CITY B The Tree City USA award is in recognition of work completed by the community during the 2015 calendar year. As Mayor or Equivalent of the Community of Farmington I herewith make application for this community to be officially certified/recertified as a Tree City USA for 2015,having achieved the standards set forth by the Arbor Day Foundation as noted below. Standard 1:A Tree Board or Department Community has a Department Chair or City Manager/Official Department Chair/City Manager Jennifer Dullum Dept Chairperson 651-280-6845 jdullum@cilarmington.mn.us ci.farmington.mn.us Standard 2:A Community Tree Ordinance Our community ordinance is on record Standard 3:A Community Forestry Program with an Annual Budget of at Least$2 Per Capita Total Community Forestry Expenditures $80699.32 Community Population 23426 Per Capita Spending $3.44 Standard 4:An Arbor Day Observance and Proclamation ✓Official bor Day pre= .mation is on record Mayor or Equivalent Signature Title t Dat- . Application Certification To Be Completed By The State Forester: Farmington The above named community has made formal application to this office.I am pleased to advise you that we reviewed the application and have concluded that,based on the information contained herein,said community is eligible to be certified as a Tree City USA community,for the 2015 calendar year,having in my opinion met the four standards required for recognition. State Forester Signature Title Date � G el Arbor Day Foundation! b Print this page https://portal.arborday.org/TreeCityPrintForm.aspx 12/22/2015 okRii ; City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' .4 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve Separation Agreement-Human Resources DATE: January 4, 2016 INTRODUCTION The proposed separation agreement and release between the City of Farmington and Joe Tullar is attached for city council consideration. DISCUSSION The city has reached a proposed separation agreement to resolve all potential issues and disputes in the interest of avoiding any potential arbitration, litigation and administrative proceeding costs and expenses which may arise out of Mr.Tullar's employment with and separation from the City of Farmington. BUDGET IMPACT There is no budget impact. ACTION REQUESTED Approve by motion the execution of the proposed separation agreement. ATTACHMENTS: Type Description © Backup Material Separation Agreement and Release of Claims SEPARATION AGREEMENT AND RELEASE OF CLAIMS THIS SEPARATION AGREEMENT AND RELEASE OF CLAIMS ("Agreement") is entered into by and between Joe Tullar("Employee")and the City of Farmington,a Minnesota Municipal Corporation ("City"). Employee and the City are collectively referred to as the parties. WHEREAS,the City currently employs Employee as a Fire Fighter;and • WHEREAS, a Fire Fighter is subject to the City's Personnel Policies that detail separation matters;and WHEREAS, the City Council seeks the mutually agreeable termination of the employment relationship with Employee, and the City and Employee mutually desire to conclude their employment relationship in an amicable planner, to resolve all existing or potential claims that may exist and to ensure that no potential claims or conflicts arise. NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained in this Agreement, the relinquishment of certain legal rights, and other valuable consideration, the sufficiency of which is acknowledged,the parties agree as follows: 1. Effective Date. Pursuant to Minnesota Statutes §465.722, the effective date of this Agreement will be January 19,2016,which is fifteen(15)days after approval by the City Council at a public meeting. Prior to the effective date,either the City or Employee may rescind this Agreement. 2. Termination of Employment. Employee's last day of employment with the City is June 11, 2016, Employee shall be placed on unpaid leave from the date of this Agreement to the termination date. The City will treat Employee's leave period from December 21, 2015 to June 11, 2016, as active duty. Employee acknowledges that the City makes no representations concerning whether or not Employee's leave and termination date will make him eligible for a pension under the Farmington Fire Relief Association. 3. No Further Claim to Compensation. This Agreement fully and completely satisfies any and all obligations between Employee and the City that arise out of or relate to his employment and resignation. Employee has no claim to any compensation from the City, in any form,beyond the compensation that is specifically described in this Agreement. 4. Release of Claims by Employee. In consideration of the terms and benefits described in this Agreement, and as an inducement for the City to enter into this Agreement, Employee hereby fully and completely releases,acquits, and forever discharges the City, its current and former Council members, its current and former officers, its current and former employees,and its current and former agents,representatives,insurers,attorneys, 184741v2 and other affiliates from any and all liability for any and all damages, actions, or claims, regardless of whether they are known or unknown, direct or indirect, asserted or unasserted, that arise out of or relate to any action,decision,event,fact,or circumstance occurring before Employee signs this Agreement. Employee understands and agrees that by signing this Agreement he is waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that are based on or arise under any federal or state law, including but not limited to the federal constitution, the state constitution, and any federal or state statute, regulation, rule, or common law; which Employee may have against the City arising out of his employment including, but not limited to, claims for breach of contract; breach of personnel policies or regulations; breach of fiduciary duty; fraud or misrepresentation; violation of the Minnesota Human Rights Act, the Americans with Disabilities Act, unauthorized or improper releases of private or confidential data related to the Employee in violation of the Minnesota Government Data Practices Act, denial of due process; defamation; intentional or negligent infliction of emotional distress; breach of the covenant of good faith and fair dealing;promissory estoppel;negligence;wrongful termination of employment;and any other claims for unlawful employment practices; except he does not waive any claim or cause of action he may have under Minnesota Statutes, Section,466.07. 5. Claims Not Waived. By signing this Agreement, Employee is not releasing or waiving any rights or claims that are based solely on events that occur after this Agreement is signed, or any right to institute legal action for the purpose of enforcing this Agreement. Additionally, Employee does not waive the following: (a) any right to apply for unemployment compensation benefits; (b) any claims arising under the Workers' Compensation Act; or (c) any right to file a charge with a governmental agency, including the Equal Employment Opportunity Commission, although Employee agrees that he will not be able to recover any award of compensation, damages, or any other monies if he files a charge or complaint or has a charge or complaint filed on his behalf with any federal,state,or local government agency. 6. Acceptance Period. Employee has the right to review and consider this Agreement for a period of twenty-one (21) calendar days after receiving it. Employee is advised to seek the advice of legal counsel regarding this Agreement. If Employee signs this Agreement before twenty-one (21) calendar days have elapsed from the date on which he first received a copy of the Agreement to review, he will be voluntarily waiving his right to the twenty-one(21)day review period. 7. Revocation Under the ADEA. Employee recognizes that by signing this Agreement he is waiving and releasing any employment discrimination, retaliation, or other claims that he might have under the Age Discrimination in Employment Act ("ADEA"). After Employee signs this Agreement, he will have seven (7) calendar days to revoke his waiver and release of any claims arising under the ADEA. This right of revocation applies only to claims arising under the ADEA. For a revocation of claims under the ADEA to be effective, it must be delivered to City Attorney Joel Jamnik, either personally or by United States mail within the seven-day period. If delivered by mail,the Agreement and Release of Claims Page 2 of 4 184741v2 revocation must be postmarked within the seven-day period,properly addressed to Roger N.Knutson and sent by certified mail,return receipt requested. 8. Rescission Under the MHRA. Employee recognizes that by signing this Agreement he is waiving and releasing any employment discrimination and retaliation claims that he might have under the Minnesota Human Rights Act ("MHRA"). Under the MHRA (Minnesota Statutes §363A.31),Employee has the right to rescind his release of claims in writing within fifteen(15) calendar days after signing it. This right of rescission applies only to any claims arising under the MHRA. For a rescission of claims arising under the MHRA to be effective, it must be delivered to City Attorney Roger N. Knutson, either personally or by United States mail within the fifteen-day period. If delivered by mail, the rescission must be postmarked within the fifteen-day period, properly addressed to Roger N.Knutson and sent by certified mail,return receipt requested. 9. Effect of Rescission of Release of Claims. If Employee revokes or rescinds any part of the Release of All Claims in this Agreement, paragraph 2 of this Agreement will automatically be rescinded without further action by either party. 10. Return of Property. Employee agrees to immediately return any City property that is in his possession. The City will provide Employee with a reasonable opportunity to remove his personal effects from the fire station(s)in a manner that is not embarrassing and at a time when other City staff are not present. 11. Representation by Counsel. Employee acknowledges that he has the right to be represented by legal counsel of his own choosing with respect to this Agreement and all matters covered by and relating to it. Employee further agrees and represents that he has not received or relied upon any advice or representations by the City or the City's counsel in entering into this Agreement, The parties acknowledge that they have consulted with their own legal counsel, that they have thoroughly read and understand the terms of this Agreement,and that they are voluntarily entering into this Agreement. 12. No Admission of Wrongdoing. Nothing in this Agreement may be construed to be an admission of liability or wrongdoing by, against, or on behalf of the City or Employee. Any form of wrongdoing or liability is expressly denied by the City and its representatives and by Employee and his representatives. 13. Choice of Law,Forum and Severability. This Agreement is governed by the laws of the State of Minnesota regardless of Employee's domicile or status as a resident of Minnesota or any other state. The parties agree that the Minnesota state and federal courts will have exclusive jurisdiction over any dispute arising out of this Agreement. If a court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions of the Agreement will remain in full force and effect. 14. Restraint. The termination of an employment relationship can be difficult for both parties. Both parties agree to end this relationship in a mutually respectful manner. Agreement and Release of Claims Page 3 of 4 184741 v2 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to Employee's employment and separation from employment with the City. No party has relied upon any statements, promises, or representations that are not stated in this document. No changes to this Agreement are valid unless they are in writing and signed by all parties. A copy of this Agreement will have the same legal effect as the original. IN WITNESS WHEREOF, the parties have approved and executed this Agreement on the dates shown by their signatures. Date: l;),1 `I- �i f J s- 'liar CITY OF FARMINGTON Date: BY: Todd Larson,Mayor Date: BY:. David McKnight,City Administrator Agreement and Release of Claims Page 4 of 4 184741v2 o�tMM4 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' r.4 www.cifannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Termination-Human Resources DATE: January 4,2016 INTRODUCTION The purpose of this memorandum is to recommend the termination of a part-time liquor clerk. DISCUSSION After careful review, staff is recommending the termination of Mr. Kevin Rol ing effective January 4,2016. Mr. Rolling has been notified of this action. BUDGET IMPACT NA ACTION REQUESTED Approve the termination of Mr. Kevin Rolfmg's employment, effective January 4,2016. 4110 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4 www cifarmington.nm.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Adopt Resolution-TH-3 Traffic Signal Agreement-Engineering DATE: January 4,2016 INTRODUCTION As the city council is aware,in 2016 the Minnesota Department of Transportation(MnDOT)will be completing a project on TH-3 from Ash Street to 170th Street. Part of this work includes replacing the traffic signals at Ash Street and Elm Street. DISCUSSION As discussed in 2015,the city will be responsible for some of the cost of the traffic signal replacement. The cost participation is based on"legs" of the intersection(each road coming into the intersection is considered a"leg"). The Elm Street intersection involves two legs owned by the state, one by the county,and one by the city. Therefore,the city will participate in 25%of the construction cost of the signal at Elm Street. Since the intersection of Ash Street and TH-3 involves three legs of state highway and one leg of county road,the city will not participate in the construction cost of this signal. The agreement also covers on-going costs for the signal such as power and minor maintenance. The agreement stipulates that the city and county will share the cost of the power for the traffic signal based on current county policy for signal power costs and the city will maintain and pay for the power for the overhead lighting at the intersection. In addition, the county will maintain the signal lights, and clean the signals and cabinets as necessary. It should be noted that these terms are the same as the terms for the existing signals at these locations. BUDGET IMPACT The city's construction cost for this project is estimated to be$54,989.28 and is included in the 2016 budget. ACTION REQUESTED Adopt the attached resolution authorizing the execution of the TH-3 traffic signal agreement. ATTACHMENTS: Type Description © Resolution TH-3 Signal Resolution 11 Exhibit TH-3 Signal Agreement RESOLUTION NO.R3-16 APPROVING AN AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND MAINTENANCE OF TRAFFIC SIGNALS ON TRUNK HIGHWAY 3 AT ASH STREET AND ELM STREET 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 4th day of January, 2016 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members absent: None Member Bartholomay introduced and Member Donnelly seconded the following resolution. WHEREAS, the city of Farmington is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS,the City Council of the city of Farmington has given municipal consent to a project to improve Trunk Highway 3; and, WHEREAS,the improvements include the reconstruction of the existing Traffic Control Signal Systems and EVP systems at the TH-3/Elm Street and TH-3/Ash Street intersections. NOW, THEREFORE, BE IT RESOLVED, that the city of Farmington enter into Agreement No. 1002015 with Dakota County and the State of Minnesota, Department of Transportation for the following purposes: To provide for the payment by the city to the state of the city's share of the costs of the Traffic Control Signal Systems and EVP Systems construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. 50 (Elm Street/9th Street) and Trunk Highway No. 3 (Chippendale Avenue) at County Road No. 74 (Ash Street)/Trunk Highway No. 50 (220th Street W.); and to participate in the power, operation and maintenance of the new Traffic Control Signal Systems and EVP Systems within the corporate limits under State Project No. 1920-41 (TH-3 = 001). BE IT FURTHER RESOLVED, that the Mayor and City Administrator are authorized to execute the Agreement and any amendments to the Agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January, 2016. ayor Attested to the ? day of January, 2016. Lic4/ Administrat r J-4 SEAL MnDOT Contract No: 1002015 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF FARMINGTON And DAKOTA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number(S.P.): 1920-41 City: Total Obligation $54,989.28 Trunk Highway Number(T.H.): 3=001 20050 System"A" Signal System IDs 20049 System`B" County: Total Obligation $109,978.56 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and City of Farmington acting through its City Council("City")and Dakota County acting through its Board of Commissioners("County"). Recitals 1. The State will remove the existing Traffic Control Signals and install new Traffic Control Signals including Signing("Signal Systems")on: • Trunk Highway No.3 (Chippendale Avenue)at County State Aid Highway No. 50(Elm Street/9th Street)(System"A") • Trunk Highway No.3 (Chippendale Avenue)at County Road No. 74(Ash Street)/Trunk Highway No. 50(220th Street W.)(System`B") in the City of Farmington,Dakota County,Minnesota,according to a State-prepared Plan, specifications and special provisions designated by the State as State Project No. 1920-41 (T.H.3 =001)("Project");and 2. The State will install Emergency Vehicle Pre-emption Systems("EVP Systems")as part of the new Signal Systems; and 3. The State will furnish two(2)traffic signal control cabinets each including a controller and cellular modem equipment,("State Furnished Materials"),according to the Project Plan,to operate the Signal Systems and EVP Systems,covered under this Agreement; and 4. The City and County wish to participate in the construction costs of the Signal Systems,EVP Systems,State Furnished Materials lump sum amounts and associated construction engineering costs; and 5. The City, County and the State will participate in the power,operation and maintenance of the new Signal Systems and EVP Systems. 6. Minnesota Statutes § 161.20,subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms;Plan 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05,subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. -1- , • • • MnDOT Contract No: 1002015 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses: 8.Liability; Worker Compensation Claims; 10.State Audits; 11.Government Data Practices; 12.Governing Law;Jurisdiction;Venue;and 14.Force Majeure. The terms and conditions set forth in Article 3. Signal Systems and EVP Systems-Power,Operation and Maintenance will survive the expiration of this Agreement,but may be terminated by another Agreement between the parties. 1.4. Plan,Specifications,Special Provisions. Plan,specifications and special provisions designated by the State as State Project No. 1920-41 (T.H. 3 =001)are on file in the office of the Commissioner of Transportation at St.Paul,Minnesota,and incorporated into this Agreement by reference.("Project Plan") 1.5. Exhibits.Preliminary Schedule"I" is on file in the office of the City Engineer and County Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plan. 2.2. Direction,Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract,and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plan. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plan and contract construction,which may include City and County participation construction covered under this Agreement, and will enter into any necessary addenda,change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State • District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda,change orders and supplemental agreements to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City and or County may request additional work or changes to the work in the Plan as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal Systems and EVP Systems Power,Operation and Maintenance Power,operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on: • Trunk Highway No.3 (Chippendale Avenue)at County State Aid Highway No. 50 (Elm Street)/9th Street (System"A") • Trunk Highway No.3 (Chippendale Avenue)at County Road No.74(Ash Street)/Trunk Highway No. 50(220th Street W.)(System`B"). 3.1. City and County Responsibilities A. Power.The City and the County shall jointly pay for the necessary electrical connection fees and monthly power charges of the new Traffic Control Signals and EVP Systems at the shared costs of 75 percent City and 25 percent County. -2- • MnDOT Contract No: 1002015 The City shall be responsible for 100 percent of the signal pole mounted L.E.D.luminaire monthly power cost. The County will receive the utility bill and invoice the City,for 75 percent of the necessary electrical connection fees and monthly power charges of the new Traffic Control Signals and EVP Systems.The County will also invoice the City for 100 percent of the L.E.D. luminaire monthly power cost. B. Minor Signal System Maintenance City Responsibilities. The City will at its own cost: i. Maintain the signal pole mounted LED luminaires,including replacing the luminaires when necessary.The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Provide the State's District Engineer or their designated representative a list of all vehicles with EVP emitter units,if requested by the State. iii.Clean the luminaire mast arm extensions. C. Minor Signal System Maintenance County Responsibilities. The County will at its own cost: i. Replace the Signal Systems LED indications.Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual,fails,or no longer meets Institute of Traffic Engineers(ITE)standards for light output. ii. Clean the traffic control signals and cabinets. 3.2 State Responsibilities Major Signal System Maintenance and Operation: The State will provide for the following at its own cost: i. The State will be responsible for all other traffic control signal and signal pole mounted luminaire maintenance not indicated in 3.1.B above. ii. As owner,perform Gopher State One Call Locating at Systems"A"and`B",maintain and pay monthly cellular expenses for the Modem Cellular equipment at System"A"and at System`B",and be responsible for scheduling future Signal and EVP System replacement and relocation. EVP System Operation: The EVP System will be installed, operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles,as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency: iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or their components are,in the opinion of the State,being misused or the conditions set forth in Paragraph ii.above are violated, and such misuse or violation continues _ after the City receives written notice from the State,the State may remove the EVP System(s). Upon removal of the EVP Systern(s)pursuant to this Paragraph,all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. -3- MnDOT Contract No: 1002015 3.3 Right of Way Access.Each party authorizes the other parties to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 3.4 Related Agreements. This agreement will supersede and terminate the operation and maintenance terms of Agreement No. 73142M, dated March 19, 1998,between the State,County,City and the City of Lakeville,for the intersection of T.H.3 (Chippendale Avenue)at County State Aid Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50].The City of Lakeville will be sent a letter of termination. This agreement will supersede and terminate Agreement No. 65153,dated October 20, 1988,between the parties, for the intersection of Trunk Highway No.3—Trunk Highway No. 3(Chippendale Avenue)/Trunk Highway No. 50(Chippendale Avenue)at Trunk Highway No. 50 South Junction(220th Street)—County State Aid Highway No. 74(Ash Street). This agreement will supersede and terminate Agreement No. 76695,dated October 21, 1997,between the State and the City,for the intersection of Trunk Highway No.3 (Chippendale Avenue)at County State Aid Highway No. 50(Elm Street) [Old Trunk Highway No. 50]. This agreement will supersede and terminate EVP Agreement No.74276,dated October 30, 1996,between the State and the City,for the intersection of Trunk Highway No. 3 (Chippendale Avenue)at County State Aid Highway No. 50(Elm Street) [Old Trunk Highway No. 50]. This agreement will supersede and terminate EVP Agreement No. 76215,dated June 20, 1997,between the State and the City,for the intersection of Trunk Highway No.3 (Chippendale Avenue)at Trunk Highway No. 50(Ash Street)-County State Aid Highway No. 74(Ash Street). • 4 Basis of City and County Cost 4.1 SCHEDULE "I". The Preliminary SCHEDULE"I" includes all anticipated City and County participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement,and is based on engineer's estimated unit prices. 4.2 City and County Participation Construction. The City and County will participate in the following at the percentages indicated. The City and County will be billed for the match of their cost participation as shown on the Schedule "I". City and County costs will include their share of all participation construction, State Furnished Materials and associated construction engineering. A. Signal System,EVP System, and State Furnished Materials on Trunk Highway No.3 (Chippendale Avenue)at County State Aid Highway No.50 (Elm Street)/9th Street)(System"A"). i. 25 Percent will be the County's rate of cost participation. ii. 25 Percent will be the City's rate of cost participation. B. Signal System,EVP System, and State Furnished Materials on Trunk Highway No.3 (Chippendale Avenue)at County Road No.74(Ash Street,220th Street)/Trunk Highway No. 50 (Ash Street,220th Street) (System "B"). i. 25 Percent will be the County's rate of cost participation. 4.3 Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4 Plan Changes,Additional Construction,Etc. The City and County,respectively,will share in the costs of construction contract addenda,change orders and supplemental agreements that are necessary to complete the respective City or County participation construction covered under this Agreement, including any respective City or County requested additional work and plan changes. -4- MnDOT Contract No: 1002015 . The State reserves the right to invoice the City or County for the cost of any additional City or County requested work and plan changes,construction contract addenda,change orders and supplemental agreements,and associated construction engineering before the completion of the contract construction. 5 City and County Cost and Payment 5.1 City and County Cost.$54,989.28 is the City's estimated share and$109,978.56 is the County's estimated share of the costs of the contract construction, State Furnished Materials and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE"I"was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised SCHEDULE"I"based on construction contract unit prices,which will replace-and supersede the Preliminary SCHEDULE"I"as part of this agreement. 5.2 Conditions of Payment.The City and County will pay the State their respective full and complete lump sum amounts as shown in the Revised SCHEDULE"I" after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised SCHEDULE"I". B. The City's and County's receipt of a written request from the State for the advancement of funds. 5.3 Acceptance of the City's and County's Cost and Completed Construction.The computation by the State of the'amount due from the City and County will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be final,binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. 5.4 Final Payment,Additional City and County Requested Work Upon completion of all contract construction and upon computation of the final amount due the State's contractor and only if additional work has been requested under Article 2.3.B of this Agreement,the State will prepare a Final SCHEDULE"I" and submit a copy to the City and County. The Final SCHEDULE "I" will be based on final quantities of any additional City and or County requested participation construction items and the construction engineering cost share due to additional requested work.The computation by the State of the amount due from the City and County will be final,binding and conclusive. 6 Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1 The State's Authorized Representative will be: Name/Title: Allan Espinoza,MnDOT Metropolitan District Traffic Engineering, (or successor) Address: 1500 County Road B2 West,Roseville,MN 55113 Telephone: (651)234-7812 Fax: (651)234-7850 Email: allan.espinoza @state.mn.us 6.2 The City's Authorized Representative will be: Name/Title: Kevin Schorzman,Farmington City Engineer(or successor) Address: 430 Third Street,Farmington,MN 55024 Telephone: (651)280-6841 E-mail:: kschorzman@ci.farmington.mn.us -5- MnDOT Contract No: 1002015 • 6.3 The County's Authorized Representative will be: Name/Title: Kristi Sebastian,Dakota County Traffic Engineer (or successor) Address: 14955 Galaxie Avenue West,Apple Valley,MN 55124-8579 Telephone: (952)891-7100 E-mail: Kristi.Sebastian@co.dakota.mn.us 7 Assignment;Amendments;Waiver; Contract Complete 7.1 Assignment None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 7.3 Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4 Contract Complete. This Agreement contains all prior negotiations and agreements between the State,City and County.No other understanding regarding this Agreement,whether written or oral,may be used to bind the parties. 8 Liability; Worker Compensation Claims 8.1 Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes §3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 8.2 Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9 Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10 State Audits Under Minnesota Statutes § 16C.05,subdivision 5,the City and County's books,records, documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement. 11 Government Data Practices The City,County and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,stored,used,maintained,or disseminated by the City and County under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County or State. • 12 Governing Law;Jurisdiction;Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal . proceedings arising out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. -6- MnDOT Contract No: 1002015 13 Termination;Suspension 13.1 By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties. 13.2 Termination for Insufficient Funding.The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project.Termination must be by written or fax notice to the City and County. 13.3 Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work,activities and performance of work authorized through this Agreement. 14 Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather,fire,floods,other acts of God, labor disputes,acts of war or terrorism,or public health emergencies. (The remainder of this page intentionally left blank) • -7- MnDOT Contract No: 1002015 CITY OF FARMINGTON The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: m --�� Title: • Date: By: Title: Cif ekR, 7— Date: r-.7--2_6/6 -8- MnDOT Contract No: 1002015 DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, Recommended for Approval: resolutions or ordinances. Recommended for Approval: By: (District Engineer) By: Date: (County Engineer) Approved as to form: Approved: By: By: (County Attorney) (State Design Engineer) Approved: Date: • By: (Physical Development Director) Date: COMMISSIONER OF ADMINIS'T'RATION County Board Resolution • No. Date: By: (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -9- CITY OF FARMINGTON • RESOLUTION IT IS RESOLVED that the City of Farmington enter into Agreement No. 1002015 with Dakota County and the State of Minnesota,Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the Traffic Control Signal Systems and EVP Systems construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 (Chippendale Avenue)at County State Aid Highway No. 50 (Elm Street/9th Street)and Trunk Highway No. 3 (Chippendale Avenue) at County Road No. 74 (Ash Street)/Trunk Highway No. 50 (220th Street W.); and to • participate in the power, operation and maintenance of the new Traffic Control Signal Systems and EVP Systems within the corporate City limits under State Project No. 1920-41 (T.H. 3 = 001). IT IS FURTHER RESOLVED that the and the (Title) are authorized to execute the Agreement and afty (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Farmington at an authorized meeting held on the day of ,2016, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this (Signature) day of , 2016 Notary Public (Type or Print Name) My Commission Expires (Title) DAKOTA COUNTY • RESOLUTION IT IS RESOLVED that Dakota County enter into Agreement No. 1002015 with the City of Farmington and the State of Minnesota,Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the Traffic Control Signal Systems and EVP Systems construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. 50 (Elm Street/9th Street) and Trunk Highway No. 3 (Chippendale Avenue)at County Road No. 74 (Ash Street)/Trunk Highway No. 50 (220th Street W.); and to participate in the power, operation and maintenance of the new Traffic Control Signal Systems and EVP Systems within the corporate City limits of Farmington under State Project No. 1920-41 (T.H. 3 =001). IT IS FURTHER RESOLVED that the_ and the (Title) are authorized to execute the Agreement and any (Title) amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Dakota County at an authorized meeting held on the day of ,2016,as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this (Signature) day of , 2016 (Type or Print Name) Notary Public (Title) My Commission Expires �C.1 • 0 0 0 0 0 0 0 '.O '. 0 0 0 O N N 0 0 0 0 0 0 0 ,n m 1/1 O O t0 O O�'.0 N O 00 �a ? y O O l0 M 00 ..-4 , 0 O a w Vl � �" t �000 ., T ° U 0 tO rn o a Np N" , �p 00 �p O�t N &.40 (...) .4. • om0O a 4, 4,V 64 11-1 kri es ER ct M Y O CY] H ° o ° • ..0 0 te o 0 o a o o 0 0 .5 Zir; p�,, 000000 k 000 ,c0j ° e0 N N N N N N V t0 N N N .1 Ua IN a HO vO PI *0 000000 ,y 0 0 0 (Do 0 0 0 0 0 0 tg O O O O U '1 .4-j 00 \000 ,410\ y O 1/4O M Z .0 O O O O O O O ■O O 'ClU 6s 4 U VI r. 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O w o 0 0�n '0 vl 10 .`� 0 0 0 vl vl Q N N W N N W O U F NNW W U U F vim H C 8 E-, < A 4944 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 4 eaa`° WWW CLfarmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Approve Bills-Finance DATE: January 4,2016 INTRODUCTION Attached is the list of bills for December 16-29, 2015. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the list of bills for December 16-29,2015. 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Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4 ¢s www.ci.fartnington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: On-Sale Liquor License Carbone's Pizza and Sports Bar DATE: January 4,2016 INTRODUCTION A public hearing is required for a change in ownership for a liquor license. DISCUSSION Mr. Scott LaMotte is now the majority owner of Carbone's Pizza& Sports Bar along with Tony Marvets. The required application, fees and insurance have been approved by the police department. BUDGET IMPACT The investigation fee is included in the 2016 revenues. ACTION REQUESTED Approve an on-sale intoxicating liquor and Sunday license for Carbone's Pizza and Sports Bar at 10 North 8th Street. 4,1 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Amend 2016 Fee Schedule-Liquor License Fees DATE: January 4, 2016 INTRODUCTION License fees need to be established for brew pubs, taprooms and cocktail rooms along with an investigation fee. DISCUSSION These licenses are an addition to an already larger license that the applicant is required to have. For example, a brew pub must already have an on-sale intoxicating liquor or a 3.2 beer and wine license issued by the city. A taproom must already have a brewer's license issued by the state. A cocktail room must already have a distiller's license issued by the state. Fees in surrounding cities range from$200 to $750 for these licenses. Staff is proposing a fee of$250 for each license and an investigation fee of$100. Attached is a list of our current liquor license fees which shows the proposed amount falls in line with the other fees. BUDGET IMPACT Any approved applications will be additional revenue for the 2016 budget. ACTION REQUESTED Approve a fee of$250 for brew pubs,taprooms and cocktail rooms and $100 for the investigation fee. ATTACHMENTS: Type Description © Exhibit Liquor License Fees LICENSE, LIQUOR AMOUNT 2016 Billing 2017 Billing Beer, Off Sale $75/year $75/year Beer, On Sale $250/year $250/year Beer, On Sale Temporary -0- -0- Display&Consumption $300/year $300/year Liquor, On Sale $3,500/year $3,500/year Investigation Fee Not to exceed$300 Not to exceed$300 (Administrative Costs) (Administrative Costs) Liquor, On Sale Club $300 Set by State Liquor, On Sale Sunday $200 Set by State Wine, On Sale $300/year $300/year Wine License Investigation Fee $100/year $100/year Brew Pub $250 $250 Taproom $250 $250 Cocktail Room $250 $250 Investigation Fee $100 $100 701411 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 �`' www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: 2016 Annual Organizational Matters DATE: January 4, 2016 INTRODUCTION 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. The city council has traditionally taken this time to approve the following actions. DISCUSSION 10a(1). Acting Mayor—City Council By-laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Bonar, subject to the second highest number of votes in the 2012 General Election and serving the fourth year of his term, is eligible for appointment as Acting Mayor. 10a(2). Official Publication—The city solicited quotes from the Farmington Independent and Dakota County Tribune newspapers for legal publications. A quote was received from 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. 10a(3). City Attorney—Staff recommends re-appointing Joel Jammk with the firm of Campbell Knutson as City Attorney for the year 2016. A copy of the agreement is attached which does not have an expiration date. 10a(4). Official Depositories—Please refer to the attached memo from the Finance Director that identifies official city depositories for fiscal year 2016. 10a(5). Process Servers—The Farmington Police Department is the designated City Process Server for 2016. 10a(6). City Clerk's Bond—State law requires the City Clerk be bonded. The City is covered by a $1,000,000 Faithful Performance bond. 10a(7). Fees and Charges—At the October 19,2015, city council meeting,the city council adopted Ordinance 015-708 establishing fees and charges for the year 2016. 10a(8). Boards and Commissions—Interviews will be held on Monday,January 11, 2016, for the purpose of selecting commission candidates. Appointments will be made at the January 19,2016, city council meeting. 10a(9). Economic Development Authority Appointments—Currently Mayor Larson and Councilmember Bonar serve on the EDA until their terms expire on December 31, 2016. 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 2016. Councilmember Bartholomay served as the primary representative and Mayor Larson as alternate in 2015. 10a(11). DCC Board of Directors Appointment—Currently, Mayor Larson serves as Director and Councilmember Bartholomay serves as Alternate Director through December 31, 2016. Quarterly meetings are held on the third Thursday of the month at 8:00 a.m. There are discussions of a new structure for the DCC that may impact the meeting date,times and number of meetings. 10a(12). Castle Rock,Empire, Eureka,Farmington(CEEF)Appointment—Appoint a councilmember to serve on this board in 2016. Mayor Larson currently serves on the CEEF 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 2015, Councilmember Pitcher, City Administrator David McKnight, and Planning Commission Member Lydia Bjorge 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 2015,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 2015, Councilmember Bonar, 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 2016. Councilmembers Donnelly and Pitcher currently serve on this board along with Planning Commission members Steve Kuyper and Jerry Rich. 10a(17). Ice For Tigers Committee—Appoint two councilmembers to serve on this committee in 2016. Councilmembers Bartholomay and Bonar currently serve on this committee. 10a(18). Liquor Operations Committee—Appoint two councilmembers to serve on this committee in 2016 if appropriate. Mayor Larson and Councilmember Donnelly currently serve on this committee. 10a(19). Farmington Intergovernmental Committee—Appoint two councihnembers to serve on this committee in 2016. Councilmembers Bonar and Bartholomay served on this committee. 10a(20). Appointment of Director and Alternate to LOGIS—Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2016. 10a(21). 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 2016. 10a(22). Approve the City Council By-laws as presented. 10a(23). Attached are current City Council Policies for review. The city council should advise of any desired changes. BUDGET IMPACT N/A ACTION REQUESTED Approve appropriate appointments and the above actions as indicated. ATTACHMENTS: Type Description Backup Material Annual Organizational Matters COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 4,2016 MOTION by ,second by as follows: 10a(1). That Councilmember Bonar be designated as Acting Mayor from January 4, 2016, through December 31,2016. 10a(2). That the Farmington Independent be designated as the official publication from January 4,2016,through December 31,2016. l0a(3). Continue the Agreement for Legal Services with Campbell Knutson,Joel Jamnik as City Attorney for 2016. l0a(4). That the Anchor Bank of Farmington,Morgan Stanley, Oppenheimer&Co., Inc.,RBC Capital Markets, Roundbank (Farmington), and Wells Fargo Securities, be designated as the Official Depositories from January 4,2016,through December 31,2016. 10a(5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2016. 10a(6). Approve a$1,000,000 Faithful Performance bond for the City Clerk. 10a(7). ORDINANCE NO. 015-708 Establishing Fees and Charges for licenses and permits for 2016 was adopted October 19,2015. 10a(8). Appointments to Boards and Commissions—Candidates will be interviewed January 11, 2016,and appointments will be made at the January 19,2016,Council Meeting. 10a(9). Currently Mayor Larson and Councilmember Bonar serve on the Economic Development Authority until their terms expire on December 31,2016. 10a(10). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALFAmbulance Board. 10a(11). Currently Mayor Larson serves as the Director and Councilmember Bartholomay as the Alternate Director to the Dakota Communications Center Board of Directors through December 31,2016. 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. 10414).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/Farmington 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 if deemed appropriate for this committee to continue. 10a(19). Appoint Councilmembers and to the Farmington Intergovernmental Committee. 10a(20). Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2016. 10a(21).Appoint by RESOLUTION R -16 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 2016. 10a(22).Approve Council By-laws as presented. 10a(23).Approve the Council Policies as presented or advise of any desired changes. APIF,MOTION CARRIED. ire). 41-foni- City of Farmington 0 430 Third Street Farmington,Minnesota 14b 651.280.6800•Fax 651.280.6899 A�a vaop0 www ci.farmington.mn,us TO: Mayor and City Council FROM: David J.McKnight,City Administrator SUBJECT: 2016 Official Newspaper DATE: January 4,2016 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 331 A.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 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 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. The city has received one proposal for our official newspaper for 2016,from the Farmington Independent. All of the information submitted by the newspaper 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. Following is the pricing information submitted: Number of Characters per line Type Size Price per Inch Farmington 48 6 $8.99 Independent BUDGET IMPACT The costs for publishing required information in our official newspaper are included in various budgets in the 2016 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,city staff recommends that a motion be made to designate the Farmington Independent as the official newspaper for 2016. Respectfully submitted, David J.McKnight City Administrator 1 MINNESOTA STATUTES 2015 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; (3)every summons,order,citation,notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated 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 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 Copyright 0 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 331A.01 MINNESOTA STATUTES 2015 2 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. Subd. 11.Recognized industry trade journal."Recognized industry trade journal"means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state,or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History:1984 c 543 s 20;1986 c 444;2004 c 182 s 3-7;2013 c 46 s 1 Copyright 0 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2015 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 lithe 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: (I)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 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 sub- division before or at the time of submission of the joint bid;and Copyright 0 2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 331A.04 MINNESOTA STATUTES 2015 2 (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(2015 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. EXHIBIT A FARMINGTON OFFICIAL NEWSPAPER PROPOSAL Subrnission Date.; 11119115 Name ofPublication:, Fs lev14, 4y1/lêoeuA1'' 3",f !Ak—.9t. 17'4'4 P ,... • Name of Publisher: C1-\00. Contact Person and Method/Means of Contact C-AA' ' � ,, t.rNt '> pa N j 451- 319 9.900 Specify address for the Known ~ .Office of Issue for your paper: 31 Z 04.16 S » f t al rAq u (A J 55024 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 ofthe newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the politieal 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: a., 050 Provide the circulation or readership within the city of Farmington: .q O Provide the circulation within zip code 55024: 17. Provide the delivery method for the newspaper: I ' Pow ,cam Frequency of publication: L Legal notice deadline: 'RI ea, !+t 5pm newd) 70189 3 Indicate whether newspaper is compatible with Microsoft Word: Vt 5 Indicate whether newspaper is compatible with Adobe Reader: ye 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 . 91 Identify the type size, in points, of legal notices (must be a minimum of six points}: 19 Olt ea Price per inch for printing legal notices: o Eg'The maximum rate charged for publication of a public notice shall not exceed the lowest classified Mate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include pll 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 No invoke will follow_ Please pay from this affidavit. Thank you! Farmington Rosemount independent Town Pages AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Peri Williams ,being first duly sworn,on oath states as follows: (1)I am the publisher of Farmington Rosemount Independent Town Pages, or the publisher's designated agent i have personal knowledge of the facts stated in this Affidavit,which is made pursuant to Minnesota Statutes§331A.07. (2) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law,including those requirements found in Minnesota Statutes§331A.02. (3) The printed which is attached,was cut from the columns of said newspaper,and was printed and published once each week for I successive weeks; it was first published on Thursday, and was thereafter printed and published on every Thursday,to and including Thursday, (4) The publisher's lowest classified rate paid by commercial users for comparable space,as determined pursuant to Minnesota Statutes §331A.08,is as follows: $25.00!inch (5) Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices:The newspaper's known office of issue Is located in Dakota County. The newspaper complies with the conditions described In §580.033, subd.1, • clause(1)or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are.locate a substantial portion of the newspaper's circulation is in the latter county. • By. Subscribed and sworn to before me on this 28TH day of November 2015 Notary Public: Client# Order# File# Publication Fee Please remit payment to: RlverTown Multimedia,PO Box 16,Red Wing,MN 55066 /Old.`3) AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 2015, 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: 167961v2 1 Civil Municipal 2015 2016 Partners $153.00 $156.00 Associate Attorneys $133.00 $136.00 Legal Assistants/Law Clerks $82.00 $84.00 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 2015 2016 Partners $143.00 $146.00 Associate Attorneys $128.00 $131.00 Legal Assistants/Law Clerks $82.00 $84.00 • 1679b1v2 2 C. Pass Through: The customary hourly rate of the attorney doing the work,ranging from$150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. Costs: Out-of-pocket costs without mark-up. Costs include: • Westlaw research • Recording/filing fees • Postage of 50¢or more • Photocopies at 20$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: 167961v2 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 1 arnington City Council. Dated: _&w 7 ,201.. . CITY OF FARMINGTON Vz Todd Larson,Mayor , • e , l By: C avid McKnight, ' dministrator Dated: 12% "1 o ,201 if . CAMPBELL KNUTSON Profession al Asseclation 41111. 1111P *IP .y Joel J.J: ' , Its V e President I By: f Ai1L`1 Elliott y , 1 ,sch,Its Vice President 167961v2 4 • 10�(y) o�FARhiiy��► City of Farmington � � , 430 Third Street `,„. ��, Farmington,Minnesota 10 651.280.6800•Fax 651.280.6899 4IW ° wwwci.farmington.mnus TO: Mayor,Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Official Depositories of City Funds DATE: January 4,2016 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 2016: Anchor Bank of Farmington Morgan Stanley Oppenheimer&Co.,Inc. RBC Capital Markets Roundbapk(Farmington) Wells Fargo Securities • These depositories have received and will comply with the City investment policy. There was no change to the investment policy in 2015. BUDGET IMPACT Revenues from investment interest are in the 2016 budget. ACTION REQUESTED Staff is recommending Council designate the above as City depositories for 2016. RESOLUTION NO.R4-16 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 4th day of January 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,The Minnesota Data Practices Law requires the city to appoint a Responsible Authority. NOW, THEREFORE,BE IT RESOLVED 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 4th day of January 2016. Mayor Attested to the 744 day of January 2016. Administrat SEAL ioQCaJ 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 three 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 three days prior to the meeting,the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that,in the judgment of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed,but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD.3 -At the first regular Council meeting in January of each year,the Council shall: (1) designate the depositories of City funds;(2)designate the official newspaper; (3)pursuant to this section, choose an Acting Mayor from the trustees,who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city,or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year-Member serving 3 year of term who received the most votes when elected; Even Numbered Year-Member serving 4th year of term who received the 2nd most votes when elected. SUBD.4-Commission appointments for boards and commissions shall be made at the second(2°d) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD.5-All Council meetings, as defined by State Law,including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council,in writing,as to his interpretations of the State"Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council,in writing,and have the subject placed on the agenda for discussion. 1 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. SUED.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 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. SUED.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 one 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 (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. I. -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 tem. 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 SECTION VI-QUORUM AND VOTING SUED. 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 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, an attendance report of various Boards and Commissions and the City Council. SUBD.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 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. SUED.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, 1/6/14, 1/5/15, 1/4/16 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; 1/5/15 7 f dez(23) 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. t) 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 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 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 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 COUNCIL POLICY-05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file,the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY—06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. • Welcome and encourage citizen comments on matters of interest or concern • Preserve and promote the accurate exchange of information • Preserve the equal rights of citizens to communicate their views • • Provide for an orderly,courteous,and efficient meeting ■ Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations, The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1/05 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 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 OkR1i,, City of Farmington 430 Third Street Farmington,Minnesota '1/4. 651.280.6800 -Fax 651.280.6899 r.4o'" www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman,Kevin Schorzman SUBJECT: Adopt Resolution-Limited Use Permit TH-3 Trail DATE: January 4, 2016 INTRODUCTION As part of the 2016 TH-3 project the Minnesota Department of Transporation(MnDOT)will be constructing a trail on the west side of TH-3 from 194th Street to the roundabout. DISCUSSION This segment will complete an eight-mile trail loop that includes trails in both Empire Township and the city. As part of their process,MnDOT requires that someone other than them take ownership of the trail once it is constructed. This is accomplished by a limited use permit. The attached resolution authorizes the execution of the limited use permit. While limited use permit for this trail has not yet been drafted,a copy of the permit that was given for the trails associated with the roundabout construction in 2008 is attached for the city council's reference. There should be little,if any,material differences between the 2008 permit and the one for the 2015 TH-3 project. BUDGET IMPACT None. ,ACTION REQUESTED Adopt the attached resolution consenting to enter into a limited use permit with MnDOT for the trail segment between 194th Street and the 190th Street/TH-3 roundabout. ATTACHMENTS: Type Description ® Resolution Limited Use Permit Resolution o Backup Material 2008 Limited Use Permit and Resolution • Exhibit TH-3 Trail Location Map RESOLUTION NO. R5-16 CITY OF FARMINGTON LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF WAY OF TRUNK HIGHWAY 3 FROM 194TH STREET TO 190TH STREET 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 4th day of January, 2016 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members absent: None Member Bartholomay introduced and Member Bonar seconded the following resolution. WHEREAS, the city of Farmington is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS,the City Council of the city of Farmington has approved a plan to construct a pedestrian trail in the right-of-way of Trunk Highway 3 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Farmington hereby consents to enter into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To construct, operate and maintain a pedestrian trail within the right-of-way of Trunk Highway 3 (TH 3=001) of the State of Minnesota from 194th Street to 190th Street. The City of Farmington shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. BE IT FURTHER RESOLVED, that the Mayor and City Administrator are authorized to execute the Limited Use Permit and any amendments to the Permit. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January, 2016. ayor Attested to the )44 day of January, 2016. ity Administ tor SEAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR NONMOTORIZED RECREATIONAL TRAIL • C.S. 1921 T.H. 3 and County Road 64 City of Farmington Empire Township County of Dakota LUP# 1921058 In accordance with Minnesota Statutes Section 161.434 and 23 C.F.R. 652 also published as the Federal-Aid Policy Guide, a Limited Use Permit is hereby granted to City of Farmington and Empire Township, Permittee's. This permit is for the purpose of constructing, maintaining and operating a nonmotorized recreational trail, (hereinafter called trail),within the right of way of Trunk Highway No(s). 3 as shown in red (City of Farmington)and blue (Empire Township) on Exhibit"A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee's pursuant to the attached resolution's. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 2. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 3. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. 4. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. 5. Any and all maintenance of the trail shall be provided by the Permittee's; this includes, but is not limited to,the plowing and removal of snow, and the installation and removal of regulatory signs. Trail Facility operations and maintenance will include, but is not limited to,the following: a) Operate the Trail in accordance with the standards and guidelines the Local Agency uses to operate its trail system; and LUP—Nonmotorized Recreational Trail Page 1 of 4 LU10015/20/2008 b) Monitor and evaluate Trail use and determine if expected winter usage warrants keeping the Trail open and reasonably free and clear from snow and ice during the winter season; and c) Maintain the trail so as to keep it in good repair and free from obstructions and impediments that may interfere with the passage of pedestrian/bicycle traffic. Maintenance will include all necessary preventive and corrective maintenance to preserve the Trail and its associated walkways, retaining walls, drainage structures, ditches, bridges, tunnels, and shoulders; and d) Use snow and ice control measures as warranted to keep the Trail reasonably clear of snow and ice and undertake proper and timely cleaning when necessary, in accordance with the standards and guidelines the Local Agency uses to operate its Trails. This includes the removal of snow and ice that may accumulate as a result of • snow and ice operations on Mn/DOT's highways; and e) Maintain the Trail signing, striping, traffic control devices, fencing, railings, safety devices, lighting systems, irrigation system for landscaping, and any decorative enhancements. Pay all the associated utility bills and perform Gopher State One - Call utility locates for utilities associated with the Trail; and f) Perform all necessary maintenance of vegetation and landscaping within the Round- a-bout and adjacent to the trail, including necessary and regular mowing, tree, shrub and flower maintenance, tree or shrub removal and replacement, noxious weed control, and litter or debris collection and disposal. 6. This permit Is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. 7. The Permittee's shall preserve and protect all utilities located on the lands covered by this permit at no expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee's to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. 8. The Permittee's shall construct the trail at the location shown in the attached Exhibit"A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result In a trail that is compatible with the safe and efficient operation of the highway facility. 9. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. 10. Upon completion of the construction of the trail, the Permittee's shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 11. This permit does not release the Permittee's from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee's. LUP—Nonmotorized Recreational Trail Page 2 of 4 LU1001 5/2012008 • 12. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. 13. This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee's 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee's. Upon cancellation of said permit, or any portion thereof, the Permittee's will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the return and restoration of the area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee's. 14. The Permittee's, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. 15. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 16. No assignment of this permit is allowed. 17. The Permittee's shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee's shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee's. 19. The Permittee's shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns,from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 20. The Permittee's shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. LUP—Nonmotorized Recreational Trail Page 3 of 4 LU10015/20/2008 • 21. The Permittee's will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages. 22.The Permittee's (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. MINNESOTA DEPARTMENT CITY OF FARMINGT N OF TRANSPORTATION j By -t,e-./74 RECOMM- ED OR i PP; • AL Its By: ,- r l L 'istrict Engine=r EMPIRE TOWNSHIP Date //9I By✓ ���L r��:�-���� Its���e.-- APPROVED BY: COMMISSIONER OF T' NSPORTATION By: .11LilIP VDirecto • o a.'d Manageme Date q2.-V(38 The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Nonmotorized Recreational Trail Page 4 of 4 LU1001 5/20/2008 . i RESOLUTION NO.R21-08 CITY OF FARMINGTON LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION • FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF WAY OF TRUNK HIGHWAY 3 AT 190TH STREET 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 April,2008 at 7:00 p.m. Members present: Pritzlaff,Fogarty,McKnight,Wilson Members absent: Soderberg Member Fogarty introduced and Member McKnight seconded the following resolution. WHEREAS,the City of Farmington is a political subdivision, organized and existing under the laws of the State of Minnesota;and, WHEREAS,the City Council of the City of Farmington has approved a plan to construct a pedestrian trail in the right-of-way of Trunk Highway 3 to promote the orderly and safe crossing of the highway;and, WHEREAS,the State of Minnesota Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Farmington hereby consents to enter into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To construct,operate and maintain a pedestrian trail within the right-of-way of Trunk Highway 3 (TH 3=001) of the State of Minnesota which lies within the Corporate Limits of the City of Farmington along 190th Street. The City of Farmington shall construct,operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. BE IT FURTHER RESOLVED, that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of April,2008. cting Mayor Attested to the 46� ' day of April,2008. • C I Y OF FARMINGTON,COUNTY OF DAKOTA AP'H ATTACHED THAT THE ATTACHED City A. 11:4-Tator SEAL• 1I TRUE COPY - PT APPEARS ON J i FILE IN a'_ :sr OF .:E C CLERK, DATED f/ ;imw Amy- k.?.J O Al R 1 TH-3 Trail i,..„ i . Ii.' 1 ' ' ' ' '''*Iii:".'' '' '.4-: ''''.: '''' . .•� -....n. . �`> .. ;1I �' ' - . ,,, :. '''' l 'I' . F: x , 1j 1 IY.J1HSION O --t L. 1 -,4$3, .0,.°,'. -.., -, , !kw,- . - at r --, t k 5..'. �a2f 4Q' ,. it' tillik . ; r, f - .44:p - , . , % �� " I ....! c 441110pA , . Lw,... a r0 1,Y* t; 1 1947th(" ST W , 0 '''' Il 1!, ..., 14,...-,-Ay , „4,44.01, t :} + ;__ December 28, 2015 1:4,800 0 225 450 900 ft Ir ? I I ■ I . I I I 0 65 130 260 m Property Information Disdaimer.Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. oEEy City of Farmington p, 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' r*4KO " www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Renaming of the Arts and Crafts Room in the Rambling River Center DATE: January 4,2016 INTRODUCTION As part of the initial fundraising efforts to raise money to renovate the former city hall building into the new Rambling River Center(RRC)building,room naming rights were sold. DISCUSSION When the initial fundraising was undertaken,the city had set a price of$10,000.00 for the right to name the arts and crafts room and$25,000.00 for the right to name the banquet room. Currently no one has purchased the naming rights for these two rooms in the RRC. Since 2011,Happy Harry's Furniture(HHF)has donated$7,287.35 to the RRC through a program it created where customers can designate a charity of their choice(RRC is one of the charities)and then HHF will donate 10%of the total sale to the charity. This was a program solely created by HHF on their own and with no solicitation from city staff to be listed as one of the charity of choices under this program. At its November 9, 2015 meeting the RRC Advisory Board discussed allowing HHF to have the naming rights to the arts and crafts room. While the price to have room naming rights to the arts and crafts room was $10,000.00 during the fundraising,the RRC Advisory Board felt that given the amount already donated, the fact this charitable program remains in place, and it is likely over the next few years the HHF donation amount will exceed$10,000.00,the RRC Advisory Board unanimously approved a recommendation to allow HHF to have the room naming rights for the arts and crafts room in the RRC. This recommendation was forwarded to the Park and Recreation Commission(PRC)for their consideration. At its December 9,2015 meeting the PRC discussed the recommendation made by the RRC Advisory Board to allow HHF to have the room naming rights to the arts and crafts room. By unanimous vote,the PRC agreed with the RRC Advisory Board recommendation and made a recommendation to the city council to allow HHF to have the room naming rights to the arts and crafts room in the RRC. Staff has been in contact with Tim and Jim Ross the owners of HHF about the opportunity to rename the arts and crafts room. They were very excited about this opportunity! They have identified they would like to rename the arts and crafts room as the Harry and Louise Ross Room in honor of their parents. BUDGET IMPACT The amount of money that HHF has donated to the RRC through this program has helped provide funding to purchase equipment and make improvements to the building. The only budget impact will be to change the name plate by the two entrances to the current arts and crafts room. It is estimated this will cost less than$100 to replace the current name plates. ACTION REQUESTED By motion approve the attached agreement allowing HHF to have the room naming rights to the arts and crafts room. ATTACHMENTS: Type Description D Contract Room Naming Agreement Form • AGREEMENT This Agreement is made this 4t'day of January,2016,by and between Happy Harry's Furniture(HHF) and the City of Farmington,a Minnesota municipal corporation(the"City")(collectively referred to as the"Parties"). WHEREAS, during the renovation of the former City Hall building into the Rambling River Center,the City identified the naming rights to the arts and crafts room would cost$10,000.00;and, WHEREAS, HHF has currently provided$7,287.35 in donations to the Rambling River Center since 2011 through a charitable donation program it created in which the Rambling River Center is one of the organizations that customers can identify to receive 10%of total sales from HHF;and, WHEREAS, the Rambling River Center Advisory Board and the Park and Recreation Commission have reviewed and are recommending the City Council approve allowing HHF to rename the arts and crafts room as a sign of gratitude for the amount of funds that have already been donated by HHF to the Rambling River Center;and, WHEREAS, it appears to be in the best interest of the City to allow HHF to rename the space previously identified as the arts and crafts room in appreciation and recognition of the$7,287.35 they have donated so far to the Rambling River Center. NOW,'THEREFORE,in consideration of the promises contained herein,the Parties hereby agree as follows: SECTION 1. Payment of Funds 1. Both Parties agree that HHF will continue to include the Rambling River Center as one of its designated charitable organizations until the program ceases to exist. 2. Both Parties agree that future donations from the charitable giving program can be made at any time during the year and the city will continue to accept these donations by resolution,which allows HHF to be recognized and the city to track the donations from HHF. 3. Both Parties agree when UHF meets or exceeds$10,000.00 the City will acknowledge this publicly. SECTION 2. Room Naming Rights 1. Both Parties agree that the area currently identified as the arts and crafts room will be re- named the"Harry and Louise Ross Room". 2. Both Parties agree that the City will be responsible for the purchase and installation of two entrance signs identifying the Harry and Louise Ross Room. Page 1 of 2 • i 3. Both Parties agree the name Harry and Louise Ross Room will stay with the room for the remainder of time the building is used as the Rambling River Center. 4. Both Parties agree the name is not transferable to any other City building. 5. Both Parties agree that no special privileges or rights are assigned with this contribution. SECTION 3. Entire Agreement. 1. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. HAPPY HARRY'S FURNITURE CITY OF FARMINGTON,a Minnesota Municipal Corporation By: Tim Ross y: Todd Larson Its: Owner Its: Mayor y: Jim Ross : David Mc igitt--- Its: Owner Its: City Administrator Page 2 of 2