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Home My WebLink About07.05.16 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA JULY 5, 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 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during"Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (6/20/16 Regular)—Administration Approved b) Approve City Council By-Laws Amendment—Administration Approved c) Adopt Resolution Accepting Donation for Pollution Prevention Day— Municipal Services R52-16 d) Adopt Resolution Approving First Amended and Restated Joint Powers Agreement for Dakota County Domestic Preparedness Committee—Police R53-16 e) Approve Tax Increment Financing Policy—Community Development Approved f) Approve Appointment Recommendation Community Development Department—Human Resources Approved g) Approve ClearCompany HRM Subscriber Agreement—Human Resources Approved h) Adopt Resolution Appointing 2016 Primary Election Judges—Community Development R54-16 i) Approve Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the Vermillion River Bank Stabilization and Habitat Restoration Project in Rambling River Park—Parks Approved j) Approve Bills -Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution Approving Preliminary and Final Plats This Little Piggy Catering—Community Development R55-16 11. UNFINISHED BUSINESS a) Approve Position Reclassification Police Department—Human Resources Approved b) Approve Position Reclassification Police Department—Human Resources Approved 12. NEW BUSINESS a) Approve Development Contract Trident Development-Engineering Approved b) Approve Encroachment Agreement Xcel Energy—Engineering Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN 4Fl i6 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 '4r,, �°. www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight,City Administrator SUBJECT: Approve City Council Minutes (6/20/2016)-Administration DATE: July 5, 2016 INTRODUCTION Attached for your review and consideration of the city council meeting minutes from June 20, 2016. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED A motion should be made to approve the city council meeting minutes from June 20,2016. ATTACHMENTS: Type Description D Backup Material City Council Minutes 6/20/2016 CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING JUNE 2016 Mayor Larson called the meeting to order at 7:00 p.m. and led those in attendance in the Pledge of Allegiance. Roll Call Present-Larson, Bartholomay, Donnelly, Bonar and Pitcher Staff Present-City Administrator McKnight, Finance Director Hanson, City Engineer Schorzman, Parks and Recreation Director Distad and Human Resources Director Wendlandt Audience-Robyn Craig Agenda Councilmember Bonar asked to remove items 7A and 7C from the consent agenda for further discussion. City Administrator McKnight added item 7J "Appointment Recommendation Finance Department-Human Resources"to the consent agenda. City Administrator McKnight removed item 7B from the consent agenda. Motion by Bonar,second by Donnelly to approve the agenda as amended. APIF, motion carried. Consent Agenda Councilmember Bonar asked for clarification on the minutes from the June 13,2016 city council work session. His recollection of the Green Steps item was that the city councilmembers present,while not unanimous,was that we move forward on the Green Steps program. City Administrator McKnight recommended that the wording in regards to the direction on the Green Steps program be changed to read, "The city council will move forward with the Green Steps program step three keeping expenses in mind." Councilmember Bonar asked that the city council consider a code of values in addition to the code of conduct that they are considering at the meeting. The consensus of the city council was to discuss a potential code of values at a future work session. Motion by Bonar, second by to approve the consent as follows: a) Approve City Council Meeting Minutes (6/6/2016 Regular and 6/13/2016 Work Session Amended)-Administration June 20,2016 Minutes -1- b) Removed c) Removed d) Declare Surplus Equipment and Authorize Advertisement for Bids for sale of Rambling River Center Chairs-Parks e) Appointment Recommendation Municipal Services-Human Resources f) Approve Seasonal Hiring-Human Resources g) Approve S a onal Hiring-Human Resources h) Resolution Ititgrizing an Application for Planning Assistance Grant Funds from the Metropolitan Council for the 2040 Comprehensive Plan Update-Community Development i) Approve Bills-Finance j) Appointment Recommendation Finance-Human Resources APIF, motion carried Unfinished Business Approve Amendment TH-3 Trail Agreement City Engineer Schorzman presented an amendment to the contract the city has with the Minnesota Department of Transportation for the construction of a bike lane along and adjacent to Trunk Highway 3 from 194th Street West to 195th Street West under state project number 1921-98. Due to the results of the bid for the project the city council asked city staff at the May 16,2016 meeting to discuss possible cost sharing adjustments with the state. As a result,an amendment to the original agreement changes the cost participation in the project from the original 50% city/50%state to 45%city and 55%state for the trail construction. The revised agreement reduces the city share of the project from$94,982.15 to$85,605.50. City council members thanked Mr. Schorzman for his work on this agreement. Motion by Bartholomay,second by Bonar to approve amendment number one to the contract with the State of Minnesota project 1921-98. APIF, motion carried. New Business 2016/2017 City Council Priorities City Administrator McKnight presented the 2016/2017 city council priorities for consideration. The city council discussed a variety of issues at their goal setting session in April 2016. The draft priorities were also discussed at the June 13, 2016 work session. McKnight summarized the areas of work that the city council wants as priorities into four areas: June 20,2016 Minutes -2- 1. Financial 2. Development 3. Partnerships 4. Service Delivery With the items discussed at the goal setting session and work session,the following priorities were developed: 1. Financial-Continue to take steps to make Farmington a city of fiscal excellence. 2. Development-Support expansion of our residential, commercial and industrial properties. 3. Partnerships-Forge opportunities with existing and new partners. 4. Service Delivery-Endeavor to provide core government services at high quality levels. Councilmembers in general agreed with the priorities. Councilmember Bartholomay inquired about the timing of our next bond rating upgrade attempt. Finance Director Hanson estimated that it is several years in the future. Councilmember Bonar discussed the issue of our continued review of the organizational structure of departments not being included in the plan. He stated that we have performed this work in a number of areas and he would like to see the city complete this work with the review of the police department, human resources and engineering departments in the future. City councilmembers discussed this issue and the merits of this work. City Administrator McKnight shared that the police chief had brought the issue of a departmental review to him a few months ago and shared that with the city council at the time. Councilmembers asked a number of questions including timing of studies and what we would get out of the studies. The city council will discuss these potential studies at a future city council work session. City Council Roundtable Pitcher-Thanked those who participated in Dew Days and inquired about the outdoor pool. Bonar-Asked city staff for an update on the state project taking place on Highway 3 that will impact residents traveling through the city this summer. Schorzman-Dakota County has asked for city representation on an East/West Transit study that is underway. Planning Manager Wippler and City Councilmember Donnelly will represent the city. Larson-Asked city staff to keep the city council and residents informed on the Highway 3 project and do what it takes to ensure access to the businesses in that area. Encouraged residents to shop local. June 20,2016 Minutes -3- Adjourn Motion by Bartholomay,second by Pitcher to adjourn the meeting at 7:35 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator June 20,2016 Minutes -4- oEFii,t, 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: Approve City Council By-Laws Amendment-Administration DATE: July 5,2016 INTRODUCTION The Farmington City Council has operated under a set of by-laws since they were originally passed in 1984. From time to time we review the by-laws to ensure they stay consistent with the way the current city council operates. DISCUSSION The city council periodically reviews the by-laws to ensure that they are current in a number of different areas. The by-laws were lasted reviewed In January 2016 as a part of your annual review of items at your first meeting of the year. The by-laws establish the methods in which the city council conducts meetings and performs annual work tasks. The changes that are proposed in the by-laws are minor. The areas of change include: 1. Transition of references to the council to references as the city council. 2. Grammar and capitalization corrections. 3. Eliminates the requirement that we send a copy of the agenda to newspapers on the Wednesday before the meeting. Agendas are posted online as soon as the packet is ready. 4. Clarifies that we no longer tape record city council meetings. The minutes of the meeting serve as the official record of the meeting. Meetings are also now available online as well. None of these changes are considered major. Technology has changed the way we share information with anyone who is interested in the meetings and the information packet. BUDGET IMPACT NA ACTION REQUESTED If the city council is comfortable with the proposed changes, a motion should be made to approved the amended City Council By-Laws. ATTACHMENTS: Type Description D Backup Material Current City Council By-Laws D Backup Material Proposed Red Line City Council By-Laws 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(2nd) 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 SUED.6—Council shall adopt such policies that will ensure an orderly,mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of city affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer,typically the Mayor, or any other such Councilmember in the absence of the Mayor. Council may adopt such rules as a separate Council policy and may make such changes in policy as deemed appropriate. SECTION II-PRESIDING OFFICER; RULES OF ORDER SUBD. 1 -The Mayor shall preside at all meetings of the Council. In the absence of the Mayor,the Acting Mayor shall preside. In the absence of both,the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD.2-The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder,must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated,cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member,while speaking, shall confine him/herself to the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him/her personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held,the presiding officer, during the open hearing, shall allow any member of the public present,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting,the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3-Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 SECTION III-AGENDAS SUBD. 1 -The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to Council under the"Approve Agenda"section of the meeting. SUBD.2 -The Clerk shall submit a copy of the agenda to the official newspaper and other appropriate media outlets for publication on the Wednesday afternoon preceding the Council meeting. SUBD.3 -The agenda packet shall be distributed electronically to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUBD.4-Any Councilmember can place an item on the agenda by so instructing the Clerk. SUBD.5 -No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 6-The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed,but no action may be taken if any member objects. SUED. 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 Councihnembers. SECTION IV-ORDER OF BUSINESS SURD. 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. 1 -Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both,the presiding officer shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD.2-The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker,and included in the agenda packet for approval at the next Council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud,but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD.3 -In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's office in a secure location for a period of 3 months from the date the minutes are approved. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD.4-The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL)MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated,whether or not the motion had a second and, if so,whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. 4 SECTION VI-QUORUM AND VOTING SUBD. 1 -At all Council meetings a majority of all the Councilmembers elected shall constitute a quorum for the transaction of business. SUED.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. SUED.2—Attendance reports shall be submitted to the Council on the following citizen involvement in Boards and Commissions: Water Board,Planning Commission, Parks and Recreation Advisory Commission,Rambling River Center Advisory Board,Heritage Preservation Commission and Economic Development Authority. SUBD.3-Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD.4-It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council,Board or Commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. 1 -Definitions For the purpose of this section,the following terms shall have these meanings given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the city for a public purpose as determined by the City Council. Authorized expenditures shall include,but not be limited to,the following: Travel(except auto mileage within 25 miles), meals, registration,tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include,but not be limited to,the following: Council meetings outside of the city limits,League of Minnesota Cities functions,training sessions,education courses, official city business, legislative meetings, seminars, meetings where city representation is requested. SURD.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 SUED.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. SUED. 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 SUED. 1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SURD.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 SUED. 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 CITY 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(3)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 city council may be called by the Mayor or by any two members of the city 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 city 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 city 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 city council meeting in January of each year,the city 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 third 3`a year of term who received the most votes when elected; Even Numbered Year-Member serving fourth 4th year of term who received the second 2"1 most votes when elected. SUBD. 4 -Commission appointments for boards and commissions shall be made at the second(2"4) 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 city Council meetings, as defined by state law, including special and adjourned meetings shall be open to the public. The city attorney shall advise the city 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 city council, in writing, and have the subject placed on the agenda for discussion. 1 SUBD. 6—The city 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. The city council may adopt such rules as a separate city 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 city 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 city council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD.2 -The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the city council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the city 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 city 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 city 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 city 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. SUED.3 -Any member may appeal to the city 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 SUED. 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 city council under the"Approve Agenda"section of the meeting. SUBD. 2 The Clerk shall submit a copy of the agenda to the official newspaper and other appropriate media outlets for publication on the Wed-rtesElay afternoon preceding the Council Wig. SUBD. 3 -The agenda packet shall be distributed electronically to the city council by 6:00 p.m. on the Thursday preceding the city council meeting. SUBD. 4 -Any councilmember can place an item on the agenda by so instructing the Clerk. SUED. 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. SUED. 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 city 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 • • -- • . .. . ' - . • - - . - 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 (I 3) City 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 city 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 city council business. SUBD.3 -Each person shall be allowed a maximum of five 5 minutes to address the city council under Citizen Comments. SECTION V-MINUTES SUBD. 1 -Minutes of each city council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both,the presiding officer shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUED.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 city 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 - - ... . . - , . - - - - - . shall be tape recorded. Recordings shall-be kept on file in the Clerk's office in a secure location for a - .. - - . - . - . .. . . 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 SUBD. 1 -At all city 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 city 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 SUED. 1 -If requested by any member of the city 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 city council shall be in writing and shall be read in full upon presentation of the same to the city 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 city 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 city 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 city 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 city 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 city 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 city 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 city 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: city 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 city 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 city 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 city 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 city council action as follows: 1. Reimbursements for expenses may be submitted for city council consideration. 2. The city council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the city for any unused portion. SUBD.4-The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI- SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2 -These by-laws shall not be repealed or amended except by a majority vote of the whole city council after notice has been given at some preceding city council meeting. SECTION XII-EFFECTIVE DATE SUED. 1 -These by-laws have been adopted by the city 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, 7/5/2016 41 i' City of Farmington a r: p 430 Third Street Farmington,Minnesota . 651.280.6800 -Fax 651.280.6899 °*7.4 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson, Municipal Services Coordinator SUBJECT: Adopt Resolution Accepting Donation for Pollution Prevention Day-Municipal Services DATE: July 5,2016 INTRODUCTION Dakota Electric Association has donated$1,000 toward Pollution Prevention Day 2016. DISCUSSION Dakota Electric Association has once again generously donated$1,000 as a sponsor of Pollution Prevention Day. The event will be held in Rambling River Park on Friday, September 16, 2016. Pollution Prevention Day has been held for Farmington students since 1997. For 2016,we are anticipating approximately 600 fourth grade participants. Staff will communicate the city's appreciation on behalf of the city council to Dakota Electric Association for their support of Pollution Prevention Day. BUDGET IMPACT None ACTION REQUESTED Approve the attached resolution accepting the donation from Dakota Electric Association. ,ATTACHMENTS: Type Description i Resolution Resolution RESOLUTION No. R52-16 ACCEPTING DONATION FROM DAKOTA ELECTRIC ASSOCIATION FOR POLLUTION PREVENTION DAY 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 5th day of July, 2016 at 7:00 p.m. Members Present: Larson,Bonar,Donnelly, Pitcher Members Absent: Bartholomay Member Donnelly introduced and Member Pitcher seconded the following: WHEREAS,Dakota Electric Association has donated$1000 towards Pollution Prevention Day; and WHEREAS,it is in the best interest of the city to accept such donations. NOW,THEREFORE,BE IT RESOLVED that the city of Farmington hereby accepts the generous donation of$1000 from Dakota Electric Association to be used for Pollution Prevention Day. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of July 2016. Mayor Attested to the )14 day of July, 2016. Administrate SEAL /' R�iy�� City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 44n4paw" www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brian Lindquist,Police Chief SUBJECT: Approve First Amended and Restated Joint Powers Agreement for Dakota County Domestic Preparedness Committee-Police DATE: July 5, 2016 INTRODUCTION In late 2003,Dakota County and the 11 major cities signed a joint powers agreement and formed the Dakota County Domestic Preparedness Committee(DPC). The committee assisted in the development of a Special Operations Team(SOT)to respond to the unique rescue demands of a weapon of mass destruction incident or a large disaster. The SOT(36 people)is comprised of employees from the county and all 11 cities with members from fire, law enforcement, and emergency medical services. The team has responded to incidents involving hazardous materials and technical rescues at locations throughout the county. The challenges and capabilities required for an effective public safety response continued to expand in the years following the creation of the DPC. The DPC evolved into an efficient organization for the communities in Dakota County to coordinate planning,training,purchasing of specialized response equipment and conducting training exercises. Some examples are listed below: Hazardous Material Release—The SOT members are all trained hazardous materials technicians and have responded to tanker truck accidents,leaks involving propane, chlorine and ammonia, and meth labs. Specialized equipment allows the team to respond to and contain leaks as well as monitoring the environment to protect their members and inform local agencies regarding the need for evacuations to protect the public. Collapsed Structure Rescue-Partnering with the State of Minnesota, SOT is one of five regional collapsed structure rescue teams that comprise the Minnesota Task Force 1 Urban Search and Rescue program. This capability has been deployed for a range of activities including the rescue of an individual from a silo in Farmington to responding to the I-35 bridge collapse. Planning—Completing an inventory of Critical Infrastructure and Key Resources (Cl/KR)for preplanning and the development of a Threat and Hazard Inventory and Risk Assessment(THIRA)to assist in identifying capability gaps and targeting areas for improvement. Exercises-Developing an Exercise Design Team that has coordinated the development of training exercises across the county that are both countywide and across multiple cities. Example exercises have included an active shooter situation at a mall, a transit based terrorist attack of a bus and various hazardous material incidents. Training—Building knowledge in the first responder community by conducting joint fire,police, SWAT and emergency medical services training for active shooter situations(3-ECHO),Critical Thinking workshops for field supervisors on how to manage and respond to complex incidents and deployment of a damage assessment tool for first responders to rapidly collect and communicate storm damage. Equipment—The coordinated use of Homeland Security Grant funds has contributed to the purchase of equipment to improve the safety of first responders and to enhance local capabilities. Some examples include hazardous materials detection equipment,respirators,ballistic vests, encrypted radios,back-up emergency operations center equipment,rescue equipment(rope, confined space,french,water,building collapse)and tourniquets. pISCUSSION The DPC has completed a review of the current joint powers agreement and is proposing several changes to better align the document with the operations of the DPC as it has developed over the past dozen years. The major changes are highlighted in the summary below: • Allows for alternate committee representatives to be appointed members • Renames the Special Operation Team Leader to Team Manager • Splits the Secretary and Treasurer duties into two positions • Assigns the Treasurer duties to the Dakota County Emergency Preparedness Coordinator Allows contracting with public entities that are not parties to the agreement for Special Operations Team members Requires liability insurance through the League of MN Cities Insurance Trust • Adds non-stacking language to the Liability section • Modifies a members share of DPC expenses based on the decennial federal census or the five-year mid-decennial census adjustment made by the Metropolitan Council Dakota County is the fiscal agent for the DPC JPA and as such it was logical to tie the Treasurer duties to the county's representative on the DPC. During the term of the existing JPA, the West St. Paul and South St. Paul Fire Departments merged to form the South Metro Fire Department(SMFD)JPA. Although the cities are members of the DPC,the JPA requires modification to allow for the employees of the SMFD to participate in the SOT. This also allows for other non-member jurisdictions to participate in the SOT such as the Miesville Fire and Randolph/Hampton Fire Departments. The DPC also desired to smooth adjustments to member fees by modifying the per capita allocation on a five year basis instead of being based on ten year census data. A copy of the First Amended and Restated Joint Powers Agreement for Dakota County Domestic Preparedness Committee is included in Attachment A. BUDGET IMPACT The City of Farmington has been a member of the DC Domestic Preparedness Committee since its inception. and the annual fees are part of the annual budget. ACTION REQUESTED Staff recommends that the City of Farmington authorize execution of a First Amended and Restated Joint Powers Agreement for Dakota County Domestic Preparedness Committee Joint Powers Agreement. ATTACHMENTS: Type Description D Cover Memo DCDPC Resolution D Cover Memo DCDPC JPA RESOLUTION NO. R53-16 APPROVING FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE 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 5th day of July 2016 at 7:00 p.m. Members Present: Larson, Bonar, Donnelly, Pitcher Members Absent: Bartholomay Member Donnelly introduced and Member Pitcher seconded the following: WHEREAS,the city of Farmington supports efforts to be better prepared for any potential disasters/emergencies in Dakota County; and, WHEREAS,the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management,has provided funding from the federal government to enhance domestic preparedness; and, WHEREAS,the planning,training,purchase of response equipment and exercises are most efficiently and effectively implemented on a whole community basis; and, WHEREAS,the city of Farmington authorized the execution of the Joint Powers Agreement that formed Dakota County Domestic Preparedness Agency with the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul; and, WHEREAS, the members of the Domestic Preparedness Committee have reviewed and are proposing updates to the Domestic Preparedness Committee Joint Powers Agreement to align the operations of the Committee with the language of the agreement; and, WHEREAS,the major changes to the agreement that are proposed by the members are shown below; and, • Allows for alternate members to be appointed • Renames the Special Operation Team Leader to Team Manager • Splits the Secretary and Treasurer duties into two positions • Assigns the treasurer position to the Dakota County Emergency Preparedness Coordinator • Allows contracting with public entities that are not parties to the agreement for Special Operations Team members • Requires liability insurance through the League of MN Cities Insurance Trust • Adds non-stacking language to the Liability section • Adjustments to dues are modified based on the decennial federal census or the five-year mid-decennial census adjustment made by the Metropolitan Council WHEREAS,the county and cities of Apple Valley, Burnsville, Eagan,Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul desire to amend and restate the Dakota County Domestic Preparedness Committee Joint Powers Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council that the city of Farmington hereby authorized the City Administrator, David McKnight,to execute the First Amended and Restated Joint Powers Agreement for Dakota County Domestic Preparedness Committee with the cities of Apple Valley, Burnsville, Eagan, Farmington,Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul for the creation of a Domestic Preparedness Committee, subject to approval by the City Attorney as to form. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of July 2016. Mayor Attested to the 7+4 day of July 2016. i Administr to SEAL FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE This First Amended and Restated Joint Powers Agreement("Agreement") is by and among the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul, municipal corporations organized under the laws of the State of Minnesota, and the County of Dakota, a political subdivision under the laws of the State of Minnesota. This Agreement amends, restates and replaces the Joint Powers Agreement for Dakota County Domestic Preparedness Committee adopted in 2003 by the same municipal corporations and the County of Dakota. This Agreement is made pursuant to the authority conferred upon the Parties by Minn. Stat. 471.59. 1. Name. The Parties hereby establish the Dakota County Domestic Preparedness Committee. 2. Parties. The Parties to this Agreement shall consist of the following entities: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of South St.Paul City of West St.Paul County of Dakota 3. Purpose. The purpose of this Agreement is to provide for the joint exercise of the Parties' powers to plan for and to respond to the need of first responders for special response operations caused by the occurrence of large-scale disasters or emergencies, as defined in paragraph 9.2, within Dakota County. The joint exercise of the Parties' powers pursuant to this Agreement is intended to supplement and complement but not supplant the Parties' joint and individual powers to plan for and respond to the occurrence of other emergency or unforeseen events occurring within Dakota County, as provided in the Parties' respective emergency operations plans and similar plans. . 4. Governance. 4.1. Governing Board. The governing board formed pursuant to this Agreement shall be known as the Dakota County Domestic Preparedness Committee. 1 4.1.1. Membership. The Committee shall be constituted as follows: one member and one alternate member appointed by each member city; one member appointed by the Dakota County Sheriff; Dakota County Emergency Preparedness Coordinator ex officio; one Dakota County city manager/administrator appointed by the Dakota County Board of Commissioners, consistent with the recommendation of the city managers/administrators within Dakota County; one member appointed by the Dakota County Emergency Medical Services Council; the Team Manager of the Special Operations Team appointed pursuant to paragraph 5.3; one member appointed by the Dakota County Public Health Director; Dakota County Attorney or designee ex officio;and one member appointed by each entity that has entered into a contract pursuant to paragraph 7.2.1. The appointees of the Dakota County Public Health Director and the Dakota County Attorney or designee and other entities under contract shall be non- voting members of the Committee and shall not be counted for quorum purposes. 4.1.2. Additional Member. In the event that none of the members appointed by the cities is a fire chief or none is a police chief,the Dakota County Fire Chiefs Association or Dakota County Police Chiefs Association, as appropriate, may appoint a member who is a fire fighter or police officer to the Committee. Such appointment shall endure until such time as a city Party appoints a member who is a fire chief or police chief. Such member shall be counted for quorum purposes and shall be a voting member. 4.1.3. Documentation. Resolutions or other documentation of appointments shall be filed with the Dakota County Emergency Preparedness Coordinator. 4.1.4. Members not Employees. Members of the Committee shall not be deemed to be employees of the Committee and will not be compensated for serving on the Committee. 4.2. Terms;Vacancies. Members shall serve at the pleasure of the appointing Party and may be removed only by the appointing Party. Vacancies may be filled only by the appointing Party. Incumbent members serve until a successor has been appointed. 2 4.3. Chair and Vice Chair. In January of each year the Committee shall elect a Chair and Vice Chair from its membership for one-year terms. The Chair shall preside at all meetings of the Committee and shall perform other duties and functions as determined by the Committee. The Vice Chair shall preside over and act for the Committee during the absence of the Chair. 4.4. Secretary. In January of each year the Committee shall elect a Secretary from its membership for a one-year term. 4.5 Treasurer. The Dakota County Emergency Preparedness Coordinator shall serve as Treasurer for the Committee. The Treasurer shall assist the Chair in overseeing the Committee's budget and finances. 4.6. Meetings. The Committee shall have regular meetings at such times and places as the Committee shall determine. Special meetings may be held on•reasonable notice by the Chair or Vice Chair. The presence of a majority of the voting members of the Committee shall constitute a quorum. No action may be taken unless a quorum is present. 4.7 Voting. Each Committee member shall be entitled to one vote. Proxy votes are not permitted. The Committee shall function by a majority vote of the Committee members present. 5. Duties of the Committee. 5.1. Program. The Committee shall formulate a program to carry out its purposes. The Committee shall carry out and implement its programs to the extent possible. The program shall include the following: Promote the development and awareness of response plans and enhance the planning capabilities at all levels of government within Dakota County to prevent,respond to and recover from Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) threats,acts of terror,or natural and manmade disasters. Establish a process to efficiently use funding to address identified priorities with countywide benefits and meet all grant reporting requirements. Promote the hardening and development of response preplans for critical public and • private sector infrastructure within the county based on risk and capability gaps. Develop and enhance countywide capabilities to respond to the consequences of CBRNE threats, acts of terror, or natural and manmade disasters through training and equipment acquisition. Demonstrate the countywide capacity and ability to respond to CBRNE events, acts of terror, or natural and manmade disasters through drills, tabletop and functional exercises. • 3 • Promote interoperability of emergency voice and data communications throughout Dakota County by incorporating interoperability into plans and exercises. Promote the public's understanding of emergency warning and notification capabilities within Dakota County. Promote the development of plans and exercises to ensure the continuity of county and local governments. Promote the capability of Dakota County's and the cities' Emergency Operations Centers (EOCs) to manage, communicate, and coordinate in the event of CBRNE events,acts of terror, or natural and manmade disasters. 5.2. Special Operations Team. 5.2.1 Establishment. The Committee shall establish a Special Operations Team (SOT) with the capability of providing specialized response operations for which specific training and equipment are required and which are not currently available to all of the members. The Committee will ensure that the SOT is established, that its members are trained to applicable federal and state standards, and that the necessary and appropriate equipment is purchased and made available for use by the SOT. 5.2.2 Procedures. The Committee will ensure that procedures are established so that the SOT is able to respond to large-scale disasters or emergencies occurring anywhere within the jurisdictions of the Parties to this Agreement. Procedures of the SOT are subject to the review and approval of the Committee. 5.2.3 Members. The Parties agree to assign employees and make equipment available to the SOT. Members of the SOT will remain employees of their employing agency and will not be deemed employees of the Committee or the SOT. 5.2.4. Team Manager. The Committee shall appoint a Team Manager who will be responsible for ensuring that the Committee accomplishes the duties described • in paragraph 5.2. The Team Manager shall be an employee of a Party. 5.3 Subcommittees. The Committee may create subcommittees to carry out the duties of the Committee as needed to support the Committee. The actions of all subcommittees are subject to approval by the Committee. 6. Reservation of Authority. All responsibilities not specifically set out to be jointly exercised by the Committee under this Agreement are hereby reserved to the Parties and each of them. 7. Powers of the Committee. 7.1. General Powers. The Committee is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 7.2. 4 7.2. Specific Powers. • 7.2.1. The Committee may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, including contracts with South Metro Fire Department, Metropolitan Council/Metro Transit Police Department, and units of local government in Dakota County that are not Parties to this Agreement, to provide such entities with the opportunity to assign members to the SOT. The Committee may approve any contract relating to this Agreement up to the amount approved in the annual budget and may authorize the Chair to execute those contracts. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4. The Chair shall report to the Committee any such payments at its next meeting. 7.2.2. The Committee may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by Dakota County. 7.2.3. The Committee may apply for and accept gifts, grants or loans of money or other property or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. • 7.2.4. The Committee shall maintain liability coverage for the actions of the Committee with the League of Minnesota Cities Insurance Trust (LMCIT)with a limit of coverage equal to or greater than the liability limits under Minn. Stat. Ch. 466,under standard LMCIT liability coverage forms. The Committee shall • also obtain tail coverage following termination of the Agreement to cover the statute of limitations during which a claim could be made against the Committee. Such insurance shall name each Party as a covered party. The . Committee may in its discretion procure coverage for automobile liability and damage to or loss of property. 7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the Committee. 8. Budgeting and Funding. 8.1. Budget Adoption. By April 1 of each year the Committee shall adopt an annual workplan and operating and capital budgets for the following calendar year including a statement of the sources of funding. 5 • 8.2. Budget and Accounting Services. Dakota County agrees to provide all budgeting and accounting services necessary or convenient for the Committee. Such services shall include but not be limited to: management of all funds,payment for contracted services and other purchases, and relevant bookkeeping and recordkeeping. Dakota County contracting and purchasing requirements shall apply to transactions of the Committee. 8.3. Expenses. The Parties understand and acknowledge that the activities and duties of the Committee are to be funded first by grant monies from the federal government, state government or other associations and agencies. Nevertheless, the Parties agree to contribute to funding, if necessary, for the expenses of the Committee, to the extent not covered by grant funds. Each Party agrees annually to appropriate funds for the expenses of the Committee not covered by grant funds, on a population basis, subject to each city council's or the county board's adoption of a resolution authorizing any such appropriation. For purposes of this paragraph, Dakota County's population is the population of the townships within Dakota County. Population basis means the decennial federal census or the five-year mid-decennial census adjustment made by the Metropolitan Council,whichever is the most recent in time. • 8.4. Federal and State Grant Funds Available to Counties. The Parties understand and acknowledge that federal and state grant funds have been and may continue to be made available for the purposes of improving and enhancing local government units' capabilities in responding to the occurrence of large-scale disasters or emergencies. The Parties further understand and acknowledge that some such federal and state grant funds may be made available directly to counties with the intention that the funds be expended for the benefit also of cities within the county. Dakota County specifically agrees that federal and state grant funds for such purposes which the Dakota County Board of Commissioners, pursuant to Committee recommendation and proposed budget, applies for and receives will be applied for and received on behalf of the cities who are Parties to this Agreement and will be appropriated to the Committee for expenditure in accordance with the terms of the applicable grant agreement and budget • approved by the county board. The Committee will expend any such funds only in accordance with the terms of any applicable grant agreement, approved budget, laws and rules. This paragraph does not prohibit Dakota County from unilaterally applying for, receiving and expending grant funds made available for the purposes identified in this paragraph. 8.5. Accountability. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to • the Parties monthly and on an annual basis. 9. Special Operations Team Activation and Use. 9.1. Purpose. The purpose of this section 9 is to provide for the deployment of the SOT established pursuant to paragraph 5.2, so that the SOT may be utilized by any Party to this Agreement in the event of a large-scale disaster or emergency within their • jurisdiction. It is not the purpose of this section to provide for or address in any way requests by one Party of another Party for other services,or to supplant other mutual aid agreements to which any of the Parties may be signatory. 6 9.2. Definitions. SOT Team Manager — the person designated by the SOT who is responsible for exercising tactical control of personnel and equipment provided by the SOT and who coordinates with the Committee Chair whenever the SOT is requested to be deployed or is deployed Disaster or large-scale emergency — an unforeseen exigent circumstance requiring specialized response operations Requesting Party— a Party to this Agreement who has requested that the SOT provide specialized response operations Special Operations Team (SOT)—a group of personnel assigned by the Parties who will be trained and organized to provide special response operations to any Party who requests them, and which may include personnel of other entities that have entered into an agreement with the Committee pursuant to paragraph 7.2.1. Specialized Response Operations — specialized rescue services for problem-specific emergency situations, including, but not limited to structural collapse, technical rope rescue,hazardous materials,wild land rescue,confined space rescue,trench rescue,water rescue,vehicle/machinery disentanglement, and the like, including training events for such services. 9.3. Requests for assistance. Whenever a Party, in its sole discretion, determines that the conditions within its jurisdiction cannot be adequately addressed by that jurisdiction because of a disaster or large-scale emergency, the Party may request orally or in writing that the SOT provide specialized response operations to the Party. 9.4. Response to Request for assistance. Upon a request for assistance of the SOT, SOT Team Manager may authorize, direct and permit the SOT to provide assistance to the requesting Party. Whether the SOT shall provide such assistance, and the extent of such assistance, shall be determined solely by the SOT Team Manager. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any liability to the SOT or to any other Party. SOT Team Manager shall notify the Chair or Vice Chair any time the SOT Command consents to provide assistance to a Party, pursuant to this Agreement. If.a request is made by a governmental unit not a Party to this Agreement,the SOT Team Manager may provide assistance only with the approval of the Chair or Vice Chair,pursuant to Committee policy. • 9.5. Recall of assistance. The SOT Team Manager may at any time and in its sole judgment terminate and recall the SOT or any part thereof. The decision to recall the SOT provided pursuant to this Agreement will not result in liability to the SOT. 9.6. Direction and Control. Personnel and equipment of the SOT shall remain under the direction and control of the SOT Team Manager. 7 9.7. Exercise of Police Power. Any member of the SOT who is a licensed peace officer and who is providing assistance pursuant to this Agreement has the full and complete authority of a peace officer as though appointed by the requesting Party and licensed by the State of Minnesota provided the officer meets the requirements set forth at Minn. Stat. §471.59, subds. 12(1)and(2). 9.8. Compensation. 9.8.1. Parties to this Agreement. When the SOT provides services to a requesting Party,the personnel of the SOT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their appointing Party. Except as provided in Paragraph 9.8.2., no charges will be levied by the Committee for specialized response operations provided to a requesting Party pursuant to this Agreement unless that assistance continues for a period exceeding 24 hours. If assistance provided pursuant to this Agreement continues for more than 24 hours, the Committee shall submit to the requesting Party an itemized bill for the actual cost of any assistance provided, including salaries, overtime, materials and supplies. The requesting Party shall reimburse the Committee for that amount. 9.8.2. Third Parties. In the event that the SOT is activated and deployed at the request of Party to this agreement, to provide specialized response operations at a disaster or large-scale emergency for which a third party may bear financial responsibility, the Committee shall submit to the requesting Party without delay an itemized bill for the actual cost of assistance provided, including salaries, overtime, materials and supplies. The requesting Party shall reimburse the Committee its proportionate share of funds received from any third party,if any,for the full cost of the assistance. 9.9. Workers' Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees. Each Party shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the SOT. Each Party to this Agreement waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees or agents. 9.10. Damage to Equipment. Each Party shall be responsible for damage to or loss of its own equipment occurring during deployment of the SOT. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers,employees or agents. 10. Liability. The Committee is a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. With the exception of workers compensation liability which is addressed in Section 9.9 of this Agreement, the Committee shall defend and indemnify the Parties, and their officers, employees, volunteers and agents, from and against all claims, damages, losses, and expenses, 8 • including reasonable attorney fees, arising from Committee activities or operations, including deployments of the SOT, and decisions of the Committee. To the fullest extent permitted by law, action by the Parties to this Agreement are intended to be and shall be construed as a"cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a), provided further that for purposes of that statute, each individual Party to this Agreement expressly declines responsibility for the acts or omissions of any other Party. The Parties to this Agreement shall not liable for the acts or omissions of another Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth • in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Under no circumstances shall the Committee or a Party be required to pay on behalf of itself and any other Parties any amounts in excess of the limits of liability established in Minnesota Statutes Ch. 466 applicable to any third party claim. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. • Any excess or uninsured liability shall be borne equally by all the Parties, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance,willful neglect of duty,or bad faith. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office,willful neglect of duty,or bad faith. 11. Effective Date. This Agreement shall be in full force and effect when all of the Parties sign this Agreement as amended and restated herein. Dakota County shall notify the Parties in writing of the effective date of this Agreement. • 12. Withdrawal and Termination. 12.1. Withdrawal. Any Party may withdraw from this Agreement upon 12 months' written notice to the other Parties. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 12.2. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a)when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of Parties agrees to terminate the Agreement upon a date certain. 12.3. Effect of Termination. Termination shall not discharge any liability incurred by the Committee or by the Parties during the term of this Agreement. Upon termination 9 property or surplus money held by the Committee shall then be distributed to the Parties in proportion to contributions of the Parties. 13. Miscellaneous. 14.1. Amendments, This Agreement may be amended only in writing and upon the consent of the governing bodies of all of the Parties. 14.2. Records, Accounts and Reports. The books and records of the Committee shall be subject to the provisions of Minn. Stat.Ch. 13 and Minn.Stat. § 16C.05,subd.5. 14.3. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. IN WITNESS WHEREOF,the Parties have executed this Agreement on the dates indicated below. KS 13-358 first amended and restated jpa for dak cty domestic preparedness committee • • • • 10 Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date Tim Leslie Dakota County Sheriff Date of Signature • 11 CITY OF FARMINGTON By: // // -�e/ Liz/mssIZ ,Mayor Date of Signatures 0?o/6 By: C1 , �C Gl -7 7 O I L , City Clerk acv;cd /'t /144- Date of Signature: • • 15 4ir■RH4 City of Farmington 430 Third Street Farmington, Minnesota e o 651.280.6800 -Fax 651.280.6899 -.4 www cifarmmgton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Tax Increment Financing Policy-Community Development DATE: July 5,2016 INTRODUCTION The EDA's 2016-2018 Strategic Plan for Economic Development focuses on five key priorities to guide the work of the EDA over the next three years. The first two priorities are related to economic development tools and policy development: 1. Develop tools for promoting growth and development in Farmington. 2. Develop strong incentive policies to ensure proper use of tools. DISCUSSION In conjunction with a recently approved application for tax increment financing(TIF)assistance,the EDA has created a draft TIF policy for the city council to consider. TIF is one of the most powerful economic development incentive tools available to cities in Minnesota, and is very closely regulated and strictly defined in Minnesota State Statute. The purpose, objectives, and uses of TIF are defined in the attached policy. Currently the EDA and city council make business assistance decisions solely on the city's Business Subsidy Policy which was revised in April of 2015. A copy of this document is attached. Based on the EDA's previous discussions and recent successful completion of a new housing TIF district, attached is a draft TIF policy for consideration. The EDA reviewed and recommended approval of the attached TIF policy at their June 23,2016 meeting. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached Tax Increment Financing Policy. ,ATTACHMENTS: Type Description © Exhibit Farmington TIF Policy 0 Exhibit Farmington Business Subsidy Policy FARMINGTON TAX INCREMENT FINANCING POLICY DRAFT—June 2016 1.0 PURPOSE 1.01 For the purposes of this document, the term "City" shall include the Farmington City Council and Farmington Economic Development Authority(EDA). 1.02 The purpose of this policy is to establish the city of Farmington's position relating to the use of Tax Increment Financing(TIF)for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax increment assistance. 1.03 The City is granted the power to utilize TIF by the Minnesota Tax Increment Financing Act, as amended. The fundamental purpose of tax increment financing in the city of Farmington is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TIF. 1.04 The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on City services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of business assistance to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. The City can deviate from this policy for projects that supersede the objectives identified herein. 1.05 Though the EDA has expressed support for the use of TIF as needed, the EDA may reject any TIF application prior to consideration by the Farmington City Council. 2.0 OBJECTIVES OF TAX INCREMENT FINANCING 2.01 Tax Increment Financing(TIF) uses the increased property taxes generated by new real estate development within a tax increment district to pay for certain eligible costs associated with the development. As a matter of adopted policy, the City will consider using TIF to assist private development projects that will achieve one or more of the following objectives: a. To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. Preference will be given to higher paying jobs that also provide benefits such as health care coverage. b. Projects that provide value in the forms of needed transportation and other utility infrastructure improvement that would be completed in conjunction with the project. c. To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off'development. Farmington Tax Increment Financing Policy rev. 6.23.16 d. To facilitate the development process and to achieve development on sites which would not otherwise be developed but-for the use of TIF. e. To remove blight and/or encourage redevelopment of commercial and industrial areas in the city of Farmington that result in high quality redevelopment and private reinvestment. f. To offset increased costs of redevelopment(i.e. contaminated site clean-up)over and above the costs normally incurred in development. g. To create opportunities for affordable housing. h. Projects that improve the quality of life in the city of Farmington by providing a desirable good or service and address an unmet demand in the community. 3.0 POLICIES FOR THE USE OF TIF 3.01 At all times, procedures and policies related to the proposed or actual approval of TIF usage will comply with the state laws. 3.02 The project must be in accord with the city of Farmington's Comprehensive Plan and Zoning Ordinances to secure assistance. 3.03 The use of TIF may be a"business subsidy"as defined by state law. In these cases,the use will comply with the requirements of applicable statutes and the city of Farmington's Business Assistance Policy. 3.04 The following general types of TIF districts may be established: a. Redevelopment District b. Renewal and Renovation District c. Economic Development District d. Housing District e. Other types of TIF districts, along with specific criteria,may be considered on a case by case basis. In addition to these districts,the City may also consider the creation of TIF Districts as authorized by applicable legislation. 3.05 When possible,TIF shall be used to pay for the costs of public improvements associated with a project, including but not limited to streets, sewers, storm water control,water, public parking lots and structures, lights, fiber optic infrastructure,transit and transportation, energy technologies, and publicly owned infrastructure. 3.06 TIF shall generally be used to reimburse the developer for eligible costs on a"Pay as You Go"basis.The City shall have the option to issue a TIF note with or without interest. The principal amount of the TIF note will not exceed the amount of eligible project costs incurred and documented by the developer. The developer shall be required to provide written receipts that show costs eligible for reimbursement have been paid. In all cases, TIF payments shall be based on available increment generated from the project. TIF payments shall be made after collection of property taxes. Farmington Tax Increment Financing Policy rev.6.23.16 3.07 The applicant is required to retain and be assisted by qualified professionals, e.g. accountants, legal counsel, etc., separate and independent from the EDA. 3.08 TIF shall not be used for projects that would place extraordinary demands on city services or for projects that would generate significant environmental impacts. 3.09 Construction of an eligible project shall not commence until the City has given final approval to the application for financing and the TIF district has been established, if required. 3.10 The City reserves the right to deny any application for financing at any time prior to final execution of a business subsidy agreement or development agreement,whichever applies. 3.11 The EDA shall be reimbursed by the applicant for all its costs related to the request for TIF. At the time of application, the applicant will deposit with the EDA an amount as determined by the EDA as necessary to cover all costs incurred by the EDA in connection with the proposed project. a. The amount of the initial deposit shall be determined by the Executive Director of the EDA. b. The fact that the applicant's deposit is accepted by the EDA is not to be construed as a guarantee that the EDA will authorize the project. c. The EDA may request and the applicant shall be responsible to pay any additional amounts as determined from time to time by the EDA, should associated costs exceed the initial deposit. 3.12 All applications and supporting materials and documents shall become the property of the EDA, and,as such, are subject to the Minnesota Data Practice Act. 3.13 The EDA reserves the right to select a third party to assist in the management of the TIF process. 3.14 All TIF proposals must take into account the direct costs to the City and county and how those costs will be addressed. The applicant shall pay all permits and fees normally charged by the City as part of the subdivision or building permit approval. 3.15 The EDA will reserve up to 10%of all TIF funds to pay the EDA's administrative costs. 4.0 PROJECT QUALIFICATIONS 4.01 All TIF projects considered by the City must meet the following requirements: a. For Economic Development TIF Districts, new construction of a minimum of 5,000 square feet. b. For Economic Development TIF Districts,the minimum creation of one new or retained full time job per$25,000 of TIF provided. Farmington Tax Increment Financing Policy rev.6.23.16 c. The developer shall demonstrate that the project is not financially feasible but-for the use of TIF. d. The project must be consistent with the City's Comprehensive Plan,Land Use Plan,and Zoning Ordinances. 4.02 The project shall serve at least two of the following public purposes: a. Creation of jobs with livable wages and benefits, per City's Business Subsidy Policy. b. Increase of tax base. c. Enhancement or diversification of the City's economic base. d. Industrial development that will spur additional private investment in the area. e. The project contributes to the fulfillment of the City's development or redevelopment objectives. f. Removal of blight or the rehabilitation of a high profile or priority downtown site. 5.0 SUBSIDY AGREEMENT AND REPORTING REQUIREMENTS 5.01 All recipients of TIF assistance from the City shall be subject to the provisions and requirements set forth by state statute. 5.02 All recipients of TIF assistance shall enter into an assistance agreement with the City that identifies the reason for the assistance,the public purpose served by the assistance,the goals of the assistance, as well as other criteria set forth by state statute. 5.03 The TIF assistance agreement may be amended from time to time as the parties may agree.Any such amendment must be in writing and signed by both parties. The TIF assistance agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The TIF assistance agreement shall be recorded in the office of the Dakota County Recorder or Registrar of Titles. 5.04 All recipients of TIF assistance shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and the assistance agreement have been met.Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City no later than March 1 of each year for the previous calendar year.Businesses fulfilling job creation requirements must file a report to that effect with the City within 30 days of meeting the requirement. Farmington Tax Increment Financing Policy rev.6.23.16 FARMINGTON BUSINESS SUBSIDY POLICY 1.0 PURPOSE 1.01 This Policy is adopted for purposes of the Business Subsidies Act(the"Act"),Minnesota Statues, Sections 116J.993 through 116J.995.Terms used in this Policy are intended to have the same meanings as if used in the Act, and this Policy shall apply only with respect to"subsidies"as defined by the Act if and to the extend required thereby. 2.00 POLICY 2.01 The City of Farmington and the Farmington Economic Development Authority maintain several policy documents which speak to the general goals and objectives for the provision of public assistance for private development or redevelopment activities. These documents include, but are not limited to the current Strategic Plan for Economic Development and the Comprehensive Land Use Plan. 2.02 The City of Farmington has determined that in order for any project to be considered for financial assistance, a finding is needed that determines that, "but for"the City's assistance, this project will not occur or will not occur within a reasonable amount of time.The City will also need to demonstrate a return on its investment based on one or more of the public benefit categories listed in this Policy. 2.03 Because projects vary greatly in structure and public benefit derived, each project will be considered on its own merits. Consideration will be given to projects providing public benefits in one or more of the following categories: a. The creation of new jobs/increase in total payroll. In the case of new job creation, new jobs must pay an average wage equal to the minimum wage level for business assistance programs administered by the Minnesota Department of Employment and Economic Development for cities located in the seven county metropolitan area in place at the time of an application by any business seeking a subsidy. Preference will be given to higher paying jobs that also provide benefits such as health care coverage. b. Projects that provide value in the forms of needed transportation and other utility infrastructure improvements including regional infrastructure in the community that would be completed in conjunction with the project. c. Redevelopment projects that result in the stabilization of business districts or neighborhoods by elimination of blighting conditions. d. Projects that enhance or increase the economic diversity of the community by attracting businesses or industries not currently located in the City.New job wage requirements will apply to any new jobs created. Farmington Business Subsidy Policy rev.4.20.15 e. Projects that result in the development of affordable senior or workforce housing. f. Quality of Life based on business/projects.Those business/entities that provide a desirable good or service and address an unmet demand in the community will be considered.New job wage requirements will apply to any new jobs created. g. Retention of existing jobs. To be considered under this category, it must be demonstrated—to the satisfaction of the City-that the loss of jobs is specific and can be demonstrated. 2.04 If a particular project does not involve the creation of jobs, but is nonetheless found to meet another public purpose of the City it may be considered without any specific job wage goals, as permitted by Minnesota Statutes.This public purpose has to be something other than an increase to the City's tax base. Other measurable, specific and tangible goals must be established. Examples of tangible goals may include redevelopment or clean-up of a contaminated site or increased tourism. 2.05 Each project shall not only be evaluated against the Business Subsidy Policy but also against other applicable City of Farmington or Economic Development Authority policies, including the Comprehensive Land Use Plan, current Strategic Plan for Economic Development.The level of assistance to be provided for any project is at the discretion of City of Farmington. 2.06 Because it is not possible to anticipate every type of project which may in its context and time present desirable community building or preservation goals and objectives, the governing body must retain the right in its discretion to approve projects and subsidies which may vary from the principles and criteria of this Policy. The burden will be on the applicant to demonstrate,to the satisfaction of the City of Farmington,that the public benefit justifies the requested subsidy. 2.07 In all cases of business subsidy, where the subsidy is equal to or greater than the threshold prescribed in Minnesota Statutes, a subsidy agreement will be entered into between the City and the recipient. This agreement will delineate the subsidy structure and amount, as well as the expected public benefit. The agreement will include provisions for repayment and other resolution options if the expected public benefit is not achieved. Upon completion of the project,the actual costs of the elements of the project eligible for the business subsidy will be verified.All business subsidies will be subject to the criteria outlined in Minnesota Statutes, Section 116J.933 through Section 116J.955 except those subsidies as exempted by same. Farmington Business Subsidy Policy rev.4.20.15 4 l City of Farmington p 430 Third Street Farmington,Minnesota e „wool 651.280.6800 -Fax 651.280.6899 '�. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Community Development Department-Human Resources DATE: July 5,2016 INTRODUCTION The recruitment and selection process for the appointment of a part-time Building Inspector as been completed. DISCUSSION After a thorough review by the Community Development Department and Human Resources Department, a contingent offer of employment has been made to Lonell Johnson, subject to passing the background check, pre-employment drug test and ratification by the city council. Mr. Johnson has his building inspection certificate and he meets the qualifications for this position. BUDGET IMPACT Mr. Johnson's starting hourly wage will be$29.42 per hour which is step 1 of the salary range for this position(salary range:$29.42-$36.78). Funds will be allocated from the 2016 budget for this position. ACTION REQUESTED Approve the appointment of Lonell Johnson as part-time Building Inspector effective on or about July 18, 2016. o�FAR City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '�:.4 �° www.ci.farmington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve ClearCompany FIRM Subscriber Agreement-Human Resources DATE: July 5,2016 INTRODUCTION This memorandum provides information regarding implementing an applicant tracking system(ATS)by Clear Company HRM. DISCUSSION In our efforts to use technology to improve service to the public and create work efficiencies, it is staff's recommendation to implement Clear Company HRM(HRM), an electronic applicant tracking system(ATS) that will automate the city's recruitment process and help reduce the associated costs. After reviewing and receiving a demonstration on a number of different systems, three companies were asked to provide a second demonstration of their product for the Parks and Recreation and Finance Directors. While it was clear that all three companies could provide the service, ClearCompany was chosen as the preferred vendor based on the functionality of their product. This system will streamline the entire process from handling job postings, implementing and managing the on-line applications, simplifying the interview scheduling and on-boarding processes and providing analytics regarding the recruitment process. Additionally,the city attorney has reviewed the attached software service contract. BUDGET IMPACT The term of the agreement is for 36 months as ClearCompany FIRM is offering an 18% discount for 36 month agreements. The total cost of the agreement is $16,722.00 when annualized is $5,574.00 for each of the three years. The funds for this system are provided for in the 2016 budget. ACTION REQUESTED Approve the ClearCompany HRM Subscriber Agreement. ATTACHMENTS: Type Description i Contract ClearCompany HRM Subscriber Agreement ClearCompany HRM Clear Company © R 715 Boylston Street 4th Floor Boston, MA 02116 617.938.3801 •www.clearcompanv.com Subscription Agreement- Effective Date of Agreement: 06/28/2016 Main Subscriber Contact , Billing Contact (Note if same) Name Name Title Title Company Company Address Address City City State State Zip Zip Phone Phone Email Email Service Term Sales Quantity Annual (mo.) Rate Investment 101-Recruiting: Recruiter License 36 $2,499 2 $4,998 120-Recruiting: Career Site-Social/Mobile 36 $1,800 1 $1,800 Talent Management Platform Discount 36 -$1,223.64 1 -$1,223.64 Special Handling Instructions: Setup $0 Year 1 Total $5,574.36 The 18%discount for the extended 36 Month Agreement Term is listed under Talent Management Platform Discount. Billing Start Date 07/29/2016 Terms&Conditions on Page 2.Discounts must be detailed in Special Handling Instructions,All contracts are subject to acceptance by ClearCompany HRM. ClearCompany HRM ClearCompany R © 715 Boylston oston, MA 02116 617.938.3801 •www.clearcompanv.com Subscriber Signature Title Print Name Date ClearCompany HRM (Internal Use Only) Signature Title Print Name Date ClearCompany HRM raj 715 Boylston C l e a rC o m p a n y R BostoMA 02116 617.938.3801 •www.clearcompanv.com Terms and Conditions General Terms and Conditions HRM Direct,Inc. (hereafter referred to as ClearCompany HRM) agrees to provide an online information service to the Subscriber via the ClearCompany HRM Resume Direct site,a custom site or data feed as specified on the reverse side. Subscriber(as specified on the previous page) agrees to pay all charges arising from the use of all user accounts listed in this schedule. Subscriber(as specified on the previous page) agrees to limit access to and use of the service to the Offices as set forth on the agreement.Subscriber shall provide ClearCompany HRM with (and update as necessary) complete information regarding its use of the Service including the Offices authorized to access the Service.The interface provided by ClearCompany HRM is intended for the use of the purchasing company.ClearCompany HRM makes no warranties express or implied as to the suitability of the service for Subscriber's business purposes.ClearCompany HRM's liability shall be limited to no more than: (i),with respect to an insurable liability,ClearCompany HRM's maximum insurance coverage amount;and (ii)with respect to liability not covered by ClearCompany HRM's insurance;3 times annual contract value.Subscriber agrees that while this agreement is in effect,ClearCompany HRM may use the Subscriber's name and logo to identify it as a client of ClearCompany HRM on ClearCompany HRM's website and as part of a general list of clients in marketing literature. Any copying,distribution or disclosure is strictly prohibited.ClearCompany HRM may suspend or terminate access to the Service if the Office information is inaccurate,not current or incomplete. Credit Inquiries and Credit Reporting ClearCompany HRM is authorized to check the Subscriber's credit for the purposes of determining credit worthiness at the time of this service agreement or thereafter in connection with the same transaction.ClearCompany HRM is further authorized to provide history information to others about ClearCompany HRM's credit experience with Subscriber,including outside collection agencies and outside counsel. Effective Date and Term of Agreement The Effective Date is the"Effective Date of Agreement"specified at the top of this agreement.The Initial Term of this Agreement shall be for 24 months as designated unless otherwise specified in the Special Handling Instructions and shall be automatically renewed for successive periods of equal length to the Initial Term unless otherwise terminated by either party upon no less than 90 days written notice to the other. All discounts and incentives are effective for the initial year of this Agreement only.Should a subscriber wish to cancel after the Initial Term,the official anniversary date is equal to the Effective Date of Agreement,for each billable service.Prices are subject to change with 90 days written notice after the Initial Term. Billing Terms and Conditions ClearCompany HRM reserves the right at any time to establish specific billing terms for each Subscriber based upon ClearCompany HRM's assessment of a Subscriber's credit worthiness in ClearCompany HRM's sole discretion,including without limitation,requiring advance payment for services.In the event that any of client's service charges remain unpaid for more than 90 days (from the stated invoice date),in addition to any other remedies,ClearCompany HRM reserves the right to (1) discontinue services under this agreement,without notice to client,or(2) alter the initial billing terms under this agreement should client wish to continue receiving services from ClearCompany HRM.Subscriber agrees that this Agreement shall be governed by the laws of the State of Minnesota and that exclusive jurisdiction and venue for any litigation shall be federal or state courts located in Minneapolis or St.Paul,Minnesota.Subscriber agrees to pay all costs of collection,including without limitation reasonable attorney's fees,in the event ClearCompany HRM refers the subscriber's account for collection.Billing shall be annual unless otherwise noted in the Special Handling Instructions. ClearCompany HRM will invoice Subscriber for any applicable setup fees plus the first annual payment as of the "Billing Start Date"specified on reverse unless otherwise specified.Implementation services shall be extended upon receipt of initial required payment.Applicable state sales tax will be reflected on invoices.All invoices are payable upon receipt unless specifically stipulated in this Agreement.Should the Subscriber fail to make payment within 30 days of the stated invoice date,the Subscriber agrees to pay interest charges of 1.5%per month or part thereof (or the maximum interest rate allowed by law if less) or part thereof on the unpaid balance from the original due date.All discounted agreements require the first or sole payment to be received within 30 days of the Billing Start Date.Subscriber agrees to pay the full billing Total minus any Discount in the event payment is not received by this time.Subscriber agrees that all internal costs associated with the processin• of an invoice shall be the Subscriber's ressonsibilit . Subscriber ClearCompany HRM Clear Company © R © 715 Boylston Street 4th Floor R Boston, MA 02116 617.938.3801 •www.clearcompany.com Signature Title Print Name Date ClearCompany HRM ClearCompany ril R © 715 Boylston Street 4th Floor Boston, MA 02116 •'{• „ 617.938.3801 •www.clearcompany.com Data Confidentiality, Retention,and Ownership Policy ClearCompany HRM regards all documents sent,received,and stored in the System as the property of the Subscriber and will provide archival copies upon request. All proprietary data not released publicly via a job posting,advertising campaign,or other means,will be regarded a confidential and will not be shared with or released to any party other than Subscriber without authorization by an appropriate employee or officer of Subscriber.Subscriber authorizes ClearCompany HRM to publicly release information contained in job advertisements and other communications to third parties on its behalf via the use of explicit features in the system for dissemination of such information.Subscriber acknowledges that ClearCompany HRM shall not be held liable for any uses of data by third parties where that data was either(i) provided to the third party with Subscriber's permission;or(ii) published in a public forum such as on the Subscriber's career website.In these cases ClearCompany HRM's responsibility shall be limited to providing reasonable technical support and liaison. Subscriber is entitled to unlimited data storage and retention for a period of two years from the date such data is submitted into the system. Data two or more years old is subject to archival and removal from active management,with backup copies provided to Subscriber,or may be retained in the system at no charge subject to a capacity quota of the lesser of 200MB of data,or 5000 candidates and requisitions combined,per active,paid recruiter license.Subscribers wishing to retain active data in excess of these quotas may purchase additional seat licenses,or pay a charge of$1.00/MB per year for data retention.Subscribers exceeding retention quotas shall be notified and given 30 days to select an archival backup or purchase additional capacity as detailed above. Subscriber may request a backup of data stored by ClearCompany HRM at any time.ClearCompany HRM will,within 30 days of receiving such a request,provide Subscriber with a copy of all resumes received and stored in the System.All reports and backups may be delivered electronically to subscriber once per quarter,and again in the event of termination of this Agreement. Resumes will be in either the source format or HTML.Structured database backups including parsed resume output in table or HR-XML format,as well as requisition information,will be provided subject to a one-time report setup fee to be quoted upon request by ClearCompany HRM.If ClearCompany HRM introduces a Subscriber self-service data archiving capability providing substantially similar capabilities,it shall be deemed to have satisfied the obligations described herein.In the event of termination,ClearCompany HRM shall not be required to maintain former subscribers' data in a usable format after a backup has been provided in accordance with the terms above,or after 6 months after the date of termination if no backup request has been received by that time.Subscriber acknowledges that ClearCompany HRM may continue to retain data for operational or technical reasons after termination of the agreement.The confidentiality provisions in this section shall survive any termination and continue until such data has been deleted or otherwise destroyed. Subscriber Signature Title Print Name Date o,„AR�yi, , City of Farmington . 430 Third Street ��' Farmington,Minnesota iii 651.280.6800 -Fax 651.280.6899 .,, aa www c i.fanningto n.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Adopt Resolution Appointing 2016 Primary Election Judges-Community Development DATE: July 5, 2016 INTRODUCTION The Primary Election is Tuesday,August 9, 2016. Per State Statute 204B.21, election judges must be appointed at least 25 days before the election. DISCUSSION The attached resolution appoints judges for all precincts one through six for the 2016 Primary Election. BUDGET IMPACT Election costs are included in the 2016 budget. ACTION REQUESTED Adopt the attached resolution appointing election judges for the Primary Election on August 9,2016. ATTACHMENTS: Type Description t Resolution Resolution RESOLUTION NO. R54-16 APPOINTING ELECTION JUDGES FOR THE AUGUST 9,2016 STATE PRIMARY ELECTION 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 the 5th day of July,2016 at 7:00 p.m. Members present: Larson, Bonar, Donnelly, Pitcher Members absent: Bartholomay Member Donnelly introduced and Member Pitcher seconded the following resolution: WHEREAS,pursuant to Section 204B.21 of the Minnesota Election Laws, election judges shall be appointed by the governing body of the municipality at least 25 days before the election at which the election judges will serve; and WHEREAS, election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training sessions. NOW THEREFORE,BE IT RESOLVED that the Dakota County Absentee Ballot Board is delegated the duty of duplicating military and overseas absentee ballots when necessary prior to delivery to the city. BE IT FURTHER RESOLVED that the individuals listed in this resolution are appointed to serve in the city of Farmington as election judges for the 2016 State Primary Election at the hourly rate of$9.50 for election judges and$10.50 for head judges; and will serve at the following designated polling locations: Precinct 1 —Rambling River Center, 325 Oak Street Precinct 2—Robert Boeckman Middle School, 800 Denmark Avenue Precinct 3 —Farmington Maintenance Facility, 19650 Municipal Drive Precinct 4—Farmington Lutheran Church, 20600 Akin Road Precinct 5 —Bible Baptist Church, 19700 Akin Road Precinct 6—Farmington City Hall, 430 Third Street 2016 Primary Election Judges Marlene Beeney Dianne Fahey Mary Winters Pat White Blanche Reichert Jessica Gunderson Rose Benz Brenda Vietti Elizabeth McCarthy Lynn Nordine David Schorr Dave Stanek Hazel Truax Carole Hansen Laura Peterson Tony Nabhan Linda McCasey Jenny Zakoski Karen Pietsch Darold Ashton Cindy Haverland Susan Bastian Patty Lupkowski Cheryl Wade Lisa Benson Tom Welter Lois Lotze Charles Freundl Thomas McCasey Jeff Walton Lori Pilla William Prins Nancy Bjerke Peggy Reiman Joyce Blowers Georgene Herlofsky Ron Miles Cindy Silbernagel Edward Sousa Susan Henricks Sarah Miller Jeanne Stanek Anita Ashton Lee Benz Nancy Bohn John Moore Kim Lomas Dennis Sullivan Alleen Wicktor Nancy Stein Sue Perro Larry Hempler Holly Millard Pennie Page Marilyn Melchior Mary Reisinger Doris Dahl Mary Schmidt Karen Kelllington Michelle Hintze Robert Benson BE IT FURTHER RESOLVED that the City Clerk, or City Clerk's designee, is authorized to appoint additional election judges as needed to conduct the 2016 State Primary Election. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of July 2016. Mayor Attested to this 7,44 day of July,2016. Gam^ at • Administ t- SEAL o�F City of Farmington 430 Third Street • Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 444.*noit www.cifamington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization for the Vermillion River Bank Stabilization and Habitat Restoration Project in Rambling River Park-Parks DATE: July 5, 2016 INTRODUCTION City staff worked with staff from the Vermillion River Watershed Joint Powers Organization(VRWJPO)to submit a Minnesota Department of Natural Resources (DNR)Conservation Partners Legacy Grant(grant)in the amount of$255,000 for work on a stabilization and habitat restoration project(the project)in a portion of the Vermillion River that is located in Rambling River Park. The grant was approved for funding and the next step is to approve a joint powers agreement(WA)identifying each party's responsibility during the project. DISCUSSION Several trail areas in Rambling River Park are in jeopardy of being washed away because of the substantial erosion that is occurring by the Vermillion River between Schmitz-Maki Arena and the CSAH 50 bridge. Photos of these areas are included with this memo. City staff contacted staff from the VRWJPO, DNR and Dakota County Soil and Water Conservation District to complete a site visit and determine a course of action. It was determined an application for grant funding to correct the erosion and habitat issue should be made. The goals for the project include the following: • Stabilize the streambanks • Provide better connection to the floodplain • Provide refuge areas for trout and other aquatic species • Decrease total suspended solids • Increase dissolved oxygen • Increase resilience to storm events • Vegetate streambanks with native plants to filter storm water runoff and reduce delivery of pollutants There has been an initial meeting of staff members,to begin to discuss the timeline and project details. Further Project details will be shared with the city council in the future as city and VRWJPO staff work through the initial and final design. The city's responsibility being proposed in the attached JPA, is to provide a match of$20,000 of in-kind services that will include: • incorporating the final design into a bid document • bid the project • work with the VRWJPO to select a contractor • oversee and administer the project construction The VRWJPO's responsibility will be as follows • provide a match of$30,000 of in-kind services to design, oversee and manage the project • provide an additional$5,000 cash contribution towards project construction The matching contributions from the city and the VRWJPO will exceed the grant matching requirement. BUDGET IMPACT The budget impact will be devoted to staff time spent on project design,the bidding process and oversee/administer the project construction. No matching cash contribution for the grant will be needed from the city. ACTION REQUESTED Staff is requesting the city council approve the attached JPA with the VRWJPO for the Vermillion River bank stabilization and habitat restoration project in Rambling River Park. ATTACHMENTS: Type Description D Exhibit Photos of Current Condition D Exhibit Joint Powers Agreement Rambling River Park Trail and Vermillion River Erosion Photos - _:.- . yr. .. T 4i ,`lF' ' �xa. - • +.W. -.. • .. r- !C J - w k ♦,�. l r fit': d� + -,...:• rry u :'"` •' " H a Dakota County Contract C0028081 JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF FARMINGTON FOR THE RAMBLING RIVER PARK STREAM HABITAT RESTORATION PROJECT WHEREAS,Minn.Stat.§471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties;and WHEREAS,the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties(VRWJPO)governed by the Vermillion River Watershed Joint Powers Board(VRWJPB)and is charged with carrying out the duties set forth in Minn.Stat.§§103B.211 to 103B.255 and as otherwise provided by law;and WHEREAS,the City of Farmington(City)is a governmental and political subdivision of the State of Minnesota;and WHEREAS,the Vermillion River(River)is within the City;and WHEREAS,the Vermillion River passes through Rambling River Park(Park),a City Park that provides recreational opportunities for the public;and WHEREAS,a trail adjacent to the river is at risk of being compromised due to stream bank erosion;and WHEREAS,the City contacted the VRWJPO to request assistance In addressing the erosion to protect the trail;and WHEREAS,the Minnesota Pollution Control Agency(MPCA)has identified the River as a total suspended solids,dissolved oxygen,fish,macroinvertebrate,and E.coli bacteria impaired water;and WHEREAS,the City is required under its Municipal Separate Storm Sewer System(MS4)permit issued by the MPCA to reduce pollutant loads for portions of the City that drain to the River,and WHEREAS,the VRWJPO identified habitat restoration and streambank stabilization as strategies to address fish,macroinvertebrate,and total suspended solids impairments as Identified in the Vermillion River Watershed Restoration and Protection Strategy(WRAPS)as well as meet goals outlined within the Vermillion River Watershed Management Plan;and WHEREAS, habitat restoration can incorporate measures to address streambank erosion,protect the City's trail,and reduce sediment loads to the River;and WHEREAS,the VRWJPO applied for and received a Conservation Partners Legacy Grant(Grant)from the Minnesota Department of Natural Resources(DNR)to construct a stream habitat restoration project(Project)in Rambling River Park;and WHEREAS,the VRWJPO has committed$30,000 worth of in-kind staff time to design,oversee,and manage the Project and grant and$5,000 cash as Grant match to implement the Project;and WHEREAS,the City has committed$20,000 worth of in-kind staff time as grant match to incorporate the VRWJPO's Project design and prepare bid documents;bid the Project;work with the VRWJPO to select a contractor,oversee and administer the construction of the Project;receive,review,and verify the expenses within the contractor's invoices;and submit them to the VRWJPO for payment. NOW,THEREFORE,in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement,the City and the VRWJPO,through the VRWJPB,hereby enter Into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the City and the VRWJPO for the Project. ARTICLE 2 PARTIES The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization(VRWJPO)acting through its Joint Powers Board(VRWJPB)and the City of Farmington, Minnesota(City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31,2019,or until completion by the parties of their respective obligations under this Agreement,whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The City and the VRWJPO agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to,In good faith,undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 PAYMENT 5.1 The City shall provide in-kind staff services in an amount not to exceed Twenty Thousand Dollars ($20,000.00)for costs directly related to the completion of the Project. 5.2 The VRWJPO shall provide in-kind staff services in an amount not to exceed Thirty Thousand Dollars ($30,000.00)for costs directly related to the design and oversight of the Project and will provide Five Thousand Dollars($5,000)for costs directly related to the completion of the Project. 5.3 The VRWJPO shall make payment to the contractor on a monthly basis based on the City's monthly submittal of received,reviewed,and verified contractor's invoices,and acceptance by the VRWJPO that the expenses are for contractor's expenses in accordance with the terms of this Agreement. 5.3 The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement.Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim.The VRWJPO reserves the right to offset any overpayment or disallowance of claim by reducing future payments. ARTICLE 6 PARTIES OBLIGATIONS 6.1 AUTHORIZED PURPOSE. The funds and in-kind staff time provided under the terms of this Agreement may only be used for time spent or payment of costs directly related to the completion of the Project. 6.2 CONCTRACT FOR SERVICES.The VRWJPO shall hire any necessary contractors to complete the Project.The VRWJPO shall require the contractor to obtain and maintain adequate insurance consistent with the VRWJPO and City contract policies for the Project and the insurance shall name both the City and the VRWJPO as additional insured and shall be the primary coverage for any claims arising out of the project. 6.3 COMPLIANCE WITH LAWS/STANDARDS.The City and VRWJPO shall abide by all federal,state,or local laws,statutes,ordinances,rules,and regulations in performing the Project. 2 6.4 PUBLICITY.The City hereby permits the VRWJPO to take and disclose photographs of the Project for use in publications or promotional material or on its website for the purpose of highlighting the VRWJPO's programs.The City shall appropriately acknowledge the funding provided by the VRWJPO and Grant in any promotional materials,signage,reports,publications, notices,and presentations related to the Project.This section shall survive the expiration or termination of this Agreement. ARTICLE 7 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers,employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party,its officers, employees or agents.The provisions of the Municipal Tort Claims Act,Minn.Stat.ch.466 and other applicable laws govern liability of the VRWJPO and the City.This section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES.The following named persons are designated the authorized representatives of the parties for purposes of this Agreement.These persons have authority to bind the party they represent and to consent to modifications,except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards.Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement,or in a modification of this Agreement TO THE VRWJPO: Mike Slavik or successor,Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley,MN 55124 Telephone: (952)891-7030 TO THE CITY: Todd Larson or successor,Mayor City of Farmington 430 Third Street Farmington,MN 55024 Telephone: (952)280-6800 In addition, notification to the VRWJPO regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The VRWJPO and the City shall keep each other continually informed, in writing, of any change in the designated liaison.At the time of execution of this Agreement,the following persons are the designated liaisons: VRWJPO Uaison: Travis Thiel Telephone:(952)891-7546 Email:travis.thiel @co.dakota.mn.us City Liaison: Randy Distad Parks and Recreation Director Telephone:(952)280-6851 Email:rdistad @ci.farmington.mn.us 3 ARTICLE 9 MODIFICATIONS Any alterations, variations, modifications,or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by the Authorized Representatives of the VRWJPO and the City. ARTICLE 10 TERMINATION 10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving 30 days'written notice,of its intent to terminate,to the other party.Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement.Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto.This Agreement may also be terminated by the City in the event of a default by the VRWJPO.Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party.Termination of this Agreement shall not discharge any liability,responsibility or right of any party,which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 10.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING.Notwithstanding any provision of this Agreement to the contrary,the VRWJPO may immediately terminate this Agreement if It does not obtain funding from the Minnesota Legislature,Minnesota Agencies,or other funding sources,or if It's funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement.Written notice of termination sent by the VRWJPO to the City by facsimile is sufficient notice under this Agreement.The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding.The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 11 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota,without giving effect to the principles of conflict of laws.All proceedings related to this Agreement shall be venued in the County of Dakota,State of Minnesota.This section shall survive the expiration or termination of this Agreement. ARTICLE 12 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations,understandings,or agreements. ARTICLE 13 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 14 GOVERNMENT DATA PRACTICES The City and the VRWJPO must comply with the Minnesota Government Data Practices Act,Minn.Stat.ch. 13,as it applies to all data provided,created,collected,received,stored,used,maintained,or disseminated under this Agreement.The civil remedies of Minn.Stat.§13.08 apply to the release of the data referred to in this clause by either the City or the VRWJPO. 4 • ARTICLE 16 DEFAULT:FORCE MAJEURE No party shall be liable to any other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control,providing the defaulting party gives notice to the other party as soon as possible.Acts and events may include acts of God,acts of terrorism, war,fire,flood,epidemic,acts of civil or military authority,and natural disasters. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)indicated below. CITY OF FARMINGTON By Todd Larson, =yor Date of SignatureG/��i a©!4 By rz)2.4-": 4W/�// ,City Clerk Date of Signature: "-"1-abl.G VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: /s/Helen R.Brosnahan June 8.2016 By I Slavik ccess9g,Ch Assistant Dakota County Attorney Date Date of Signature: / VRW Res.No. ` County Attorney File No.KS-16-238 5 o aRMy� City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 "‘r.4 poor www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Approve Bills-Finance DATE: July 5,2016 INTRODUCTION Attached for your review and consideration are the bills for the period of June 11-29,2016. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the bills for the period of June 11-29, 2016. 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W o n .n o 1- Ul m ❑ W C J 7 N Z Q N rA a ar a U) co c�a to z Z o U) 0 ca E - of N z 7 N to =I M .. m W < M IQ V to O .5 o N U 0 to r` o N Z m > C co LO N �41 o o M G O a a a w ❑ N a 0 t'M"i 04 L*] 'M En PI 01 � Cl) Z 0 H ' rL Q co f-1 PO W A)ail CD a r'CA..1.P- . z a :J..]5 a\L C W O z a ▪ F ax W Gyo W W W -- to G m a < o o CO aa) 1 c c7. c7. C s- 0 °• c E r < • E z CO C co a O B o 2 O I N 0 CV . ❑ to y Y U Y VI IX 2 0• . N < M t 0) 0 o o�v iy; City of Farmington z 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,p ce www.cifannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Adopt Resolution Approving the Preliminary and Final Plats-THIS LITTLE PIGGY CATERING DATE: July 5,2016 INTRODUCTION LASD Holdings, LLC (Seth and Dawn Brittain)has submitted the preliminary and fmal plats for THIS LITTLE PIGGY CATERING. The property being platted is generally located on the east side of Trunk Highway 3 south of Happy Harry's Furniture (please see location map). DISCUSSION The THIS LITTLE PIGGY CATERING preliminary and final plats combine two existing metes and bounds described parcels into a single lot while dedicating right-of-way for Trunk Highway 3. The roadway surfaces for 224th Street and the frontage road are not being dedicated as part of the plats but are located within drainage and utility easements. There is an existing recorded temporary public right-of-way easement for the portion of 224th Street that is within the property that was executed with the Twin Ponds development that is adjacent to the east. However,there is no such document for the frontage road. A condition of approval of the preliminary and final plats should be that a public right-of-way easement be executed and recorded for the frontage road. All other easements as shown on the plats are acceptable to the city. On June 23, 2016 the Planning Commission recommended approval of the THIS LITTLE PIGGY CATERING preliminary and fmal plats with certain conditions with a vote of 4-0. Engineering has reviewed the THIS LITTLE PIGGY CATERING preliminary and final plats and recommends approval with certain conditions. LASD Holdings,LLC is proposing to construct an 18,102 square foot commercial building for their catering business on the property to be platted. The use of the proposed building will include office space,food preparation area as well as a banquet facility. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution approving the preliminary and final plats for THIS LITTLE PIGGY CATERING contingent upon the following: 1. The submittal of a Parking Lot and Landscape Surety acceptable to city staff. 2. The execution and recording of a public right-of-way easement for the frontage road. ATTACHMENTS: Type Description D Resolution Preliminary and Final Plat Resolution D Backup Material Preliminary Plat D Backup Material Final Plat D Backup Material Site Plan D Backup Material Building Elevations D Backup Material Location map RESOLUTION NO. R55-16 APPROVING THIS LITTLE PIGGY CATERING PRELIMINARY AND FINAL PLAT 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 5th day of July 2016 at 7:00 p.m. Members Present: Larson,Bonar, Donnelly, Pitcher Members Absent: Bartholomay Member Pitcher introduced and Member Bonar seconded the following: WHEREAS,the preliminary and final plat of This Little Piggy Catering are now before the Council for review and approval; and, WHEREAS,a public hearing of the Planning Commission was held for the preliminary and fmal plat for This Little Piggy Catering on June 23, 2016, after notice of the same was published in the official newspaper of the city and proper notice sent to surrounding property owners; and, WHEREAS,the Planning Commission reviewed the preliminary and final plat on June 23, 2016, and forwarded a recommendation of approval to the City Council; and, WHEREAS,the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal services; and, WHEREAS,the City Council has reviewed the preliminary and final plat for This Little Piggy Catering. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the preliminary and final plat for This Little Piggy Catering be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. The submittal of a Parking Lot and Landscape Surety acceptable to city staff. 2. The execution and recording of a public right-of-way easement for the frontage road. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of July 2016. Mayor Attested to the 2 fh day of July 2016. C (,y r�� Administrator SEAL PRELIMINARY PLAT~ OF THIS LITTLE PIGGY CATERING -tor— FIRM GROUND I PROPERTY ADDRESS:#22280 Chippendale Ave.,Farmington,MN Oi CO MOMENT eT • OYNOIE4 RON I10ORWf1I FOUND Kern 82e an =CM WI=POE mar .Ss e 4 OPNOI®STREET FAIT m OFN048 MEW BOX ——— BD DENOIDS SNOD,vr 83H MANIOP LI ® 0010108 B10i01 aV4A Wt01Rfi 1 I ❑ 000IE9 CAIOI elan pQ DOWOTIM GTE*WE lie DENDTFH FEE mama DENOTES E213140 ORM= NORTH MOTES OVriawu —■--OHOIFH WATER. 4 7. DENOTED SANITARY BEBFR >--MOR8 WOW STIR r—DBIDR9 O68RN0 FENCE •'t, tow/R11D/FH EXISTING 1DFtramR tkeiger..ea..41n+lawae ewe R0EEs .m. 0th O nohow .reu BBELLE eta PD Bat 163 0 DBAIE9 DOLLAR(' .rs k ::::f —� - —�,.-�t1- ;fit t t:D.Mt !' �,.. B e.a \`CO�iTT'�W T 4 - ;6E CUMARK aa0.� 04x1. Booed m w DOT.them TEWOTIT swap NOW W. . z- ,� 1 -I E.tafim 101010.Shoe m aaroA \I \ 1 I I Ø Vi. _' , 3 J / ill,' s 4 i �1, t iy, a 1 \ 1 ! ` . \ I1 + II' 'li A X4 mi /!, . ! 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This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. �aEFiA City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 PRO'4 ate° www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Position Reclassification Police Department-Human Resources DATE: July 5,2016 INTRODUCTION This memorandum provides information regarding the request for the city council to approve a position reclassification for Ms.Amy Mailhot. DISCUSSION In November 2015,the city council approved a staffing change for the Police Department administrative staff. This request was made and approved to ensure operational continuity upon the retirement of two long tenured administrative employees. Upon the above mentioned retirements,the staffing level would change from two full-time and two part-time positions to three full-time positions. It was anticipated that all three employees would eventually be placed in the same job classification of Administrative Support Specialist. When approved in November,part of the staffing change consisted of moving Ms. Mailhot from part-time to full-time.Her position classification would remain as Administrative Support Techniccian while she was in training and learning administrative operations. Ms. Mailhot has exceeded expectations in learning administrative operations and performing the higher level job responsibilities of an Administrative Support Specialist. Therefore, it is appropriate to change her position from Administrative Support Technician to Administrative Support Specialist. The job descriptions for both positions are attached to this memorandum. The following is the wage range for both positions: Current Position: Hourly Wage Range: Administrative Support Technician(A13) $17.68-$22.10 Proposed Position: Administrative Support Specialist(B22) $21.04-$26.29 BUDGET IMPACT Ms. Mailhot's current hourly rate is $17.68 per hour and it is proposed that her new hourly rate is to be $21.04 which is step 1 of the new pay range. This change is budget neutral as the wages in the 2016 budget reflect those of an Administrative Support Specialist. ACTION REQUESTED Approve the position and salary change for Ms.Amy Mailhot effective May 1, 2016. ATTACHMENTS: Type Description D Backup Material Administrative Support Specialist Job Description n Backup Material Administrative Support Technician Job Description CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST BAND GRADE SUBGRADE FLSA STATUS: B 2 2 Non-Exempt CLASS SUMMARY: This class is responsible for providing administrative support and dispatching information to officers so they are able to perform their duties. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a FRE- BAND/ representative sample; position assignments may vary.) QUENCY GRADE 1. Provide clerical and administrative support for the Chief of D B2 Police, Patrol and Investigations including run criminal 30% histories and assist in preparing and maintaining cases for court, often within strict timelines. Process applications and perform background checks for all licenses for city. 2. Respond to questions, complaints and requests from the D Al public and other departments on departmental operations or 8% procedures, including handling phones and walk in traffic. 3. Responsible for System Administration of the Records D B2 Management System (RMS)including entering and 10% maintaining data. Act as RMS system administrator. Assist in maintaining the Evidence Management System. 4. Obtain and disseminate information from lobby traffic and D B2 dispatch officers to various police calls via Computer Aided 15% Dispatch in an efficient and accurate manner. Monitor, evaluate and disseminate as appropriate all essential messages from the MN BCA Terminal System. 5. Represent the Police Department as liason to numerous law W Al enforcement partners, including but not limited to Dakota 5% County CJIIN, DCLEA, Dakota County Courts and MN BCA. 6. Enter critical information regarding detention into statewide W B2 supervision system which provides law enforcement agencies 5% with important statistics. 7. Assign case numbers or incident numbers to appropriate D Al officers to document criminal or civil action and be able to 2% distinguish between the two. CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST 8. Assist city/county attorney and various law enforcement D B2 agencies with researching data and preparing and sending 15% reports via eCharging as needed. Prepare responses to data practices requests. 9. Ensure compliance with the rules and regulations of the D B2 Minnesota BCA Terminal Operation, including training and 5% testing all department employees and certifying officers in operation. Process monthly Validation and Integrity reports. Regularly maintain the local Sex Offender Registry and the Suspense files to ensure 100% fingerprint compliance. 10 Perform other duties of a similar nature or level. As N/B Required 5% Training and Experience (positions in this class typically require): High school diploma or GED, 2 year of specialized or technical training in law enforcement and 2 years of clerical and dispatching experience; or, an equivalent combination of education and experience sufficient to successfully perform the duties listed above. Comprehensive knowledge of Crimnal Justice Information System(CJIS)preferred. Licensing Requirements (positions in this class typically require): • Terminal operator certificate - BCA (obtained within 6 months of hire) Knowledge (position requirements at entry): Knowledge of: • General Office Procedures • Regulations, ordinances, law enforcement language • Keep current on new and advancing technologies in data dissemination. 2 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST Skills (position requirements at entry): Skill in: • Organization and time management including the ability to handle multiple priorities. • Customer service skills including the ability to maintain composure under pressure. • Transcription experience (digital preferred). • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. • Demonstrated ability to develop positive working relationships and maintain a respectful work environment. • Computer skills including word processing, spreadsheets, database management (Microsoft Office preferred) • Ability to maintain confidentiality • Ability to handle stress and/or stressful situations. Physical Requirements: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, inadequate lighting, work space restrictions, intense noises and travel. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. Classification History: Draft prepared by City of Farmington Date: 6/2002 Revised: 5/2003, 1/2007, 3/2007, 5/2013 3 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: ADMINISTRATIVE SUPPORT TECHNICIAN - POLICE BAND GRADE SUBGRADE FLSA STATUS: A 1 3 Non-Exempt CLASS SUMMARY: This class is responsible for typing dictated reports and distribute to appropriate people, answer phone calls and assist the public, handle the processing of fingerprints and validation of hot files. TYPI_CAL CLASS ESSENTIAL DUTIES: (These duties are a FRE- BAND/ representative sample; position assignments may vary.) QUENCY GRADE 1. Transcribe reports and distribute information to appropriate D Al agencies. 10% 2. Provide information, explanation and assistance to the public. D Al Answer phones and direct callers to the appropriate party. 35% 3. Enter data information into records system including entry D Al for CJIS reporting. 5% 4. Prepare reports and citations for court. D Al 10% 5. Assist county and city attorneys with requests for additional D Al reports and create DVDs.. 15% 6. Maintain office supplies and open and distribute mail. 0 Al 10% 10 Assist police administration with completing background D Al . checks for various permits issued city-wide. 15% 11 Performs other duties of a similar nature or level. As N/B Required Training and Experience (positions in this class typically require): High school diploma, up to 1 year of specialized or technical, clerical training and 1 year of clerical, computer and customer service experience; or, an equivalent combination of education and experience sufficient to successfully perform the duties listed above. CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: ADMINISTRATIVE SUPPORT TECHNICIAN - POLICE Knowledge (position requirements at entry): Knowledge of: • General office procedures. • Law enforcement language Skills (position requirements at entry): Skill in: • Digital transcription • Customer service skills including the ability to maintain composure under pressure • Computer skills (Microsoft Office preferred) • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. • Demonstrated ability to develop positive working relationships and maintain a respectful work environment. • Ability to maintain confidentiality. • Ability to handle stress and stressful situations. Physical Requirements: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, inadequate lighting, work space restrictions, intense noises and travel. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. Classification History: Draft prepared by City of Farmington Date: 6/2002, Rev. 5/2013 2 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ter.,,p,,,,.: www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Position Reclassification Police Department-Human Resources DATE: July 5, 2016 INTRODUCTION This memorandum provides information regarding the request for the city council to approve a position reclassification for Ms. Gina Wooton. DISCUSSION In November 2015, the city council approved a staffing change for the Police Department administrative staff This request was made and approved to ensure operational continuity upon the retirement of two long tenured administrative employees. Upon the above mentioned retirements,the staffing level would change from two full-time and two part-time positions to three full-time positions. It was anticipated that all three employees would eventually be placed in the same job classification of Administrative Support Specialist. When approved in November, a part of the staffing change consisted of hiring Ms. Wooton as an Administrative Support Technician while she was in training and learning administrative operations. Ms. Wooton has exceeded expectations in learning administrative operations and performing the higher level job responsibilities of an Administrative Support Specialist. Therefore, it is appropriate to change her position from Administrative Support Technician to Administrative Support Specialist. The job descriptions for both positions are attached to this memorandum. The following is the wage range for both positions: Current Position: Hourly Wage Range: Administrative Support Technician(A13) $17.68-$22.10 Proposed Position: Administrative Support Specialist(B22) $21.04-$26.29 BUDGET IMPACT Ms.Wooton's current hourly rate is $17.68 per hour and it is proposed that her new hourly rate is to be $21.04 which is step 1 of the new pay range. This change is budget neutral as the wages in the 2016 budget reflect those of an Administrative Support Specialist. ACTION REQUESTED Approve the position and salary change for Ms. Gina Wooton effective May 3, 2016. ATTACHMENTS: Type Description D Backup Material Administrative Support Specialist Job Description D Backup Material Administrative Support Technician Job Description CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST BAND GRADE SUBGRADE FLSA STATUS: B 2 2 Non-Exempt CLASS SUMMARY: This class is responsible for providing administrative support and dispatching information to officers so they are able to perform their duties. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a FRE- BAND/ representative sample; position assignments may vary.) QUENCY GRADE 1. Provide clerical and administrative support for the Chief of D B2 Police, Patrol and Investigations including run criminal 30% histories and assist in preparing and maintaining cases for court, often within strict timelines. Process applications and perform background checks for all licenses for city. 2. Respond to questions, complaints and requests from the D Al public and other departments on departmental operations or 8% procedures, including handling phones and walk in traffic. 3. Responsible for System Administration of the Records D B2 Management System (RMS)including entering and 10% maintaining data. Act as RMS system administrator. Assist in maintaining the Evidence Management System. 4. Obtain and disseminate information from lobby traffic and D B2 dispatch officers to various police calls via Computer Aided 15% Dispatch in an efficient and accurate manner. Monitor, evaluate and disseminate as appropriate all essential messages from the MN BCA Terminal System. 5. Represent the Police Department as liason to numerous law W Al enforcement partners, including but not limited to Dakota 5% County CJIIN, DCLEA, Dakota County Courts and MN BCA. 6. Enter critical information regarding detention into statewide W B2 supervision system which provides law enforcement agencies 5% with important statistics. 7. Assign case numbers or incident numbers to appropriate D Al officers to document criminal or civil action and be able to 2% distinguish between the two. CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST 8. Assist city/county attorney and various law enforcement D B2 agencies with researching data and preparing and sending 15% reports via eCharging as needed. Prepare responses to data practices requests. 9. Ensure compliance with the rules and regulations of the D B2 Minnesota BCA Terminal Operation, including training and 5% testing all department employees and certifying officers in operation. Process monthly Validation and Integrity reports. Regularly maintain the local Sex Offender Registry and the Suspense files to ensure 100% fingerprint compliance. 10 Perform other duties of a similar nature or level. As N/B Required 5% Training and Experience (positions in this class typically require): High school diploma or GED, 2 year of specialized or technical training in law enforcement and 2 years of clerical and dispatching experience; or, an equivalent combination of education and experience sufficient to successfully perform the duties listed above. Comprehensive knowledge of Crimnal Justice Information System(CJIS)preferred. Licensing Requirements (positions in this class typically require): • Terminal operator certificate - BCA (obtained within 6 months of hire) Knowledge (position requirements at entry): Knowledge of: • General Office Procedures • Regulations, ordinances, law enforcement language • Keep current on new and advancing technologies in data dissemination. 2 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: POLICE DISPATCHER/ADMINISTRATIVE SUPPORT SPECIALIST Skills (position requirements at entry): Skill in: • Organization and time management including the ability to handle multiple priorities. • Customer service skills including the ability to maintain composure under pressure. • Transcription experience (digital preferred). • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. • Demonstrated ability to develop positive working relationships and maintain a respectful work environment. • Computer skills including word processing, spreadsheets, database management (Microsoft Office preferred) • Ability to maintain confidentiality • Ability to handle stress and/or stressful situations. Physical Requirements: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, inadequate lighting, work space restrictions, intense noises and travel. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. Classification History: Draft prepared by City of Farmington Date: 6/2002 Revised: 5/2003, 1/2007, 3/2007, 5/2013 3 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: ADMINISTRATIVE SUPPORT TECHNICIAN - POLICE BAND GRADE SUBGRADE FLSA STATUS: A 1 3 Non-Exempt CLASS SUMMARY: This class is responsible for typing dictated reports and distribute to appropriate people, answer phone calls and assist the public, handle the processing of fingerprints and validation of hot files. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a FRE- BAND/ representative sample; position assignments may vary.) QUENCY GRADE 1. Transcribe reports and distribute information to appropriate D Al agencies. 10% 2. Provide information, explanation and assistance to the public. D Al Answer phones and direct callers to the appropriate party. 35% 3. Enter data information into records system including entry D Al for CJIS reporting. 5% 4. Prepare reports and citations for court. D Al 10% 5. Assist county and city attorneys with requests for additional D Al reports and create DVDs.. 15% 6. Maintain office supplies and open and distribute mail. 0 Al 10% 10 Assist police administration with completing background D Al . checks for various permits issued city-wide. 15% 11 Performs other duties of a similar nature or level. As N/B . Required Training and Experience (positions in this class typically require): High school diploma, up to 1 year of specialized or technical, clerical training and 1 year of clerical, computer and customer service experience; or, an equivalent combination of education and experience sufficient to successfully perform the duties listed above. 1 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: ADMINISTRATIVE SUPPORT TECHNICIAN - POLICE Knowledge (position requirements at entry): Knowledge of: • General office procedures. • Law enforcement language Skills (position requirements at entry): Skill in: • Digital transcription • Customer service skills including the ability to maintain composure under pressure • Computer skills (Microsoft Office preferred) • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. • Demonstrated ability to develop positive working relationships and maintain a respectful work environment. • Ability to maintain confidentiality. • Ability to handle stress and stressful situations. Physical Requirements: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, inadequate lighting, work space restrictions, intense noises and travel. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. Classification History: Draft prepared by City of Farmington Date: 6/2002, Rev. 5/2013 2 41141i ; City of Farmington 6 o�,, 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,, ' www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Approve Development Contract-Trident Development DATE: July 5,2016 INTRODUCTION On April 18, 2016,the city council approved the final plat for St. Michael's 2nd Addition. On June 6, 2016, the city council approved Tax Increment Financing District No. 14 related to the 70 unit senior housing project being built in St. Michael's 2nd Addition. DISCUSSION Attached for the city council's consideration is a development contract related to the senior housing project being built in St. Michael's 2nd Addition. Trident Development(dba Legacy Partners of Farmington, LLC) is the developer for this project. The development contract spells out the requirements for development of this parcel as well as the fees and infrastructure work required to serve the development with public utilities. You will note that in the development contract,the developer is receiving credit for oversizing the water and sewer lines that will serve the development. The developer is required to provide a minimum 8-inch water line and 8-inch sewer line for the development. However,the city's comprehensive water plan shows a 12- inch water line and an 18-inch sewer line to serve this area. In situations such as this,the city pays the additional cost for the larger utilities being constructed using trunk funds from each of the utilities. The cost of oversizing will be recovered from future development in the area. BUDGET IMPACT After the credit for oversizing has been applied,the net impact to the different funds is as follows: Water: +$26,172.98 Storm Water: +$82,720.30 Sanitary Sewer: -$54,561.03 Parks: +$38,521.76 General Fund: +$ 397.80(GIS Fees) ACTION REQUESTED Approve the attached development contract and authorize its execution. ATTACHMENTS: Type Description D Contract Development Contract DEVELOPMENT CONTRACT AGREEMENT dated this of July 2016 by, between, and among the City of Farmington, a Minnesota municipal corporation(CITY)and Legacy Partners of Farmington,LLC,a Minnesota limited liability corporation(DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for St. Michael's 2°d Addition (also referred to in this Development Contract[CONTRACT or AGREEMENT]as the PLAT). The land is situated in the City of Farmington,County of Dakota,State of Minnesota,and is legally described on the attached Exhibit"A": 2. Conditions of Approval. The City hereby approves the Plat on the conditions that: a) the Developer enter into this Agreement;and b) the Developer provide the necessary security in accordance with the terms of this Agreement;and c) all engineering issues shall be addressed and engineering department approval of the construction plans for grading, storm water and utilities. d) the Developer record the Plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the Final Plat. 3. Development Plans and Right to Proceed. The Developer shall develop the Plat in accordance with the following plans (the"Plans"). The Plans shall not be attached to this Agreement. The Plans may be prepared by the Developer,subject to City approval,after entering into this Agreement but before commencement of any work in the Plat. If the Plans vary from the written terms of this Contract,subject to paragraphs 6 and 34G,the Plans shall control. The required Plans are: Plan A-Final Plat Plan B-Soil Erosion and Sediment Control and Grading Plans Plan C-Landscape Plan Plan D-Zoning/Development Map Plan E-Final Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas,electrical,cable television,and telephone. The installation of these utilities shall be constructed within public rights-of-way or public drainage and utility easements consistent with the City's engineering guidelines and standard detail plates. Within the Plat or land to be platted,the Developer may not construct sewer lines,water lines, streets,utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This Agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The Plat has been submitted for recording with the Dakota County Recorder's Office,and d) The City Clerk or Engineer has issued a letter stating that all conditions have been satisfied and that the Developer may proceed,which shall be promptly delivered to the Developer upon satisfaction of the conditions. 187307v2 1 4. Sales Office Requirements. Intentionally omitted. 5. Zoning/Development Map. The Developer shall provide an 8 1/2"x 14"scaled map of the plat and land within 350' of the Plat containing the following information: a) platted property; b) existing and future roads; c) existing and proposed land uses;and d) any ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a) Sanitary Sewer System(trunk and lateral) b) Water System(trunk and lateral) c) Erosion and Sediment Control,Site Grading and Ponding d) Setting of Lot&Block Monuments e) Surveying and Staking f) Landscaping and Screening (collectively the"Improvements") The Improvements shall be installed in accordance with Plans A through E, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and Plans (and specifications)which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the fmal Plans(and specifications),without prior authorization of the City Engineer,shall be considered a violation of this Agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the Work on an as-needed basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the Improvements. Within sixty (60) days after the completion of the Improvements and before the security is released, the Developer shall supply the City with a complete set of"As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information,the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released,iron monuments must be installed in accordance with M.S. §505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities,by June 30,2017, in accordance with the requirements set forth in the approved Plans. The Developer may, however, request an extension of time from the City, which the City will not unreasonably withhold. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this Contract and the extension of the Contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the Improvements and written acceptance by the City Engineer, the Improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone,without further notice or action. The utility easement granted by The Church of St.Michael of Farmington(the "Church")shall be considered a public easement,and upon completion of the Improvements the City will provide written acknowledgement of certification that it will maintain those Improvements within the utility easement on the Church's property. 187307v2 2 Outlot A shall be deeded to the City following the completion and approval of Improvements as required under Plans A— E.Upon written request from the Developer,the City,pursuant to section 27, agrees to release the Security(as that term is defined in this Agreement)amount as Improvements are completed,with;however, ten percent(10%)of the total security amount shall be held until (i)the required outlots are deeded to the City and the required As-built plans are submitted and approved and(ii)the bonds or other acceptable surety are furnished to the City or until the warranty period (as set forth in paragraph 9)has been completed,whichever first occurs. A Letter of Exemption,attached to this contract as Exhibit`B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for underground utilities is two years. The warranty period on underground utilities shall commence following its completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve(12)months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent(10%)of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Grading Plan. The Plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement,the Developer may start rough grading the property subject to the Plat within the stockpile and easement areas in conformance with Plan B before the Plat is filed if all fees have been paid,a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the Developer needs to change grading affecting drainage the changes cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion and Sediment Control and Fees. After the site is rough graded, but before any utility construction is commenced the erosion and sediment control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion and sediment control requirements if it is determined that the methods implemented are insufficient to properly control erosion and sedimentation. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized,mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sedimentation. If the Developer does not comply with the erosion and sediment control plan and schedule,or supplementary instructions received from the City,or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion and sedimentation immediately,without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs the City incurred for such work within thirty(30)days,the City may draw down the security to pay such costs. No development will be allowed unless the Plat is in full compliance with the erosion and sediment control requirements. The Developer is responsible for Erosion and Sediment Control inspection fees at the current rates. The Developer is also responsible for a Surface Water Quality Management Fee of$459.68 based upon the number of acres in the Plat. This fee is due and payable at the time of execution of this Agreement. 12. Landscaping. The Developer shall landscape the Plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping B. All graded areas,including finish grade on lots,will require a minimum of 6"of black dirt/topsoil. 187307v2 3 13. Single Phase Development. The Plat shall be developed in one(1)phase in accordance with Plans A—E. Subject to the terms of this Agreement,this Development Contract constitutes approval to develop the Plat. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan,except an amendment placing the Plat in the current urban service area,or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter,notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Management Fee. The Developer shall pay an area storm water management charge of$82,260.62 in lieu of the property paying a like assessment at a later date. If Developer does not pay by October 31, 2016,the charge shall be assessed against the Lot 1, Block 1, St.Michael's Second Addition(the"Lot") over a ten(10)year period with interest on the unpaid balance calculated at five percent(5%)per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The remaining credit from the Sanitary Sewer Trunk Area Charge in the amount of$54,561.03 will be applied to this fee. The net result is that the Surface Water Management Fee to be paid with this plat is$27,699.59. 16. Wetland Conservation and Mitigation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended,and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charge. The Developer shall pay a water main trunk area charge of$18,647.98 for the Plat in lieu of the property paying a like assessment at a later date. If Developer does not pay by October 31,2016,the charge shall be assessed against the Lot over a ten(10)year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$63,875.00 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is a credit of$45,22Z02 that will be applied to the Water Treatment Plant Fee. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$71,400.00 for the Plat in lieu of the property paying a like assessment at a later date. If Developer does not pay by October 31, 2016, the charge shall be assessed against the Lot over a ten(10)year period with interest on the unpaid balance calculated at five percent(5%)per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The remaining credit from the Water Main Trunk Area Charge in the amount of$45,22Z02 will be applied to this fee. The net result is that the Water Treatment Plant Fee to be paid with this plat is$26,172.98. 19. Sanitary Sewer Trunk Area Charge. The Developer shall pay a sanitary sewer trunk area charge of$10,188.10 for the Plat in lieu of the property paying a like assessment at a later date. If Developer does not pay by October 31, 2016,the charge shall be assessed against the Lot over a ten(10)year period with interest on the unpaid balance calculated at five percent(5%)per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive 187307v2 4 objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$64,749.13 will be given to the Developer for Sanitary Sewer Main Trunk oversizing within the plat. The net result is a credit of$54,561.03 that will be applied to the Surface Water Management Fee 20. Park Dedication. The Developer shall be required to dedicate 0.71 acres of land for park purposes. This park land shall be improved in accordance with the approved Park Improvement plan and the City's Engineering Guidelines. The Developer shall pay the City$23,179.37 as cash in lieu of land in satisfaction of the City's park dedication requirements for the Plat. If Developer does not pay by October 31,2016,the park dedication fee shall be assessed against the Lot in the Plat over a ten(10)year period with interest on the unpaid balance calculated at five percent(5%)per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Park Development Fee. The Developer shall pay a Park Development Fee of$15,342.39 that will be used to pay either for development of the park located in the development,or if no land is taken for park purposes,in the park closest to the development. The park to which the Park Development Fee for St.Michael's 2" Addition shall be credited/coded to is the Westview Park(2317.5045). The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or at the time that the building permit is issued, provided that all park development fees shall be paid within five(5)years of approval of the final Plat. 22. Sealcoating. N/A 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of$397.80 based upon the acreage or number of lots within the subdivision. This fee shall be due and payable upon execution of this Agreement. 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the Plat. Structural stormwater facilities not wholly within easements dedicated to the City, and which are directly connected to the City's storm sewer, will require a long-term maintenance agreement as per City Ordinance 11-4-5 Post Construction Stormwater Management. 25. License. The Developer hereby grants the City,its agents,employees,officers and contractors,a license to enter the Plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean Up. The Developer shall, within twenty-four (24) hours, clear from the public streets any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. Any soil, earth or debris resulting from construction work by the Developer or its agents or assigns on other property shall be removed weekly or more often if required by the City Engineer. All debris,including brush,vegetation,trees and demolition materials,shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City will coordinate street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Security. To guarantee compliance with the terms of this Agreement,payment of real estate taxes including interest and penalties,payment of special assessments,payment of the costs of all public improvements in the Plat and construction of all public improvements in the Plat,the Developer shall furnish the City with a cash escrow,irrevocable letter of credit,or alternative security acceptable to the City Administrator, from a bank(the"Security") for$570,300.00. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Exhibit "C"). The Security shall be automatically renewing. The term of the Security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the Security. If the required public improvements are not completed,or terms of the Agreement are not satisfied,at least thirty(30)days prior to the expiration 187307v2 5 of a letter of credit, the City may draw down the letter of credit. The City may draw down the Security,without prior notice,for any violation of this Agreement or Default of the Contract following applicable cure periods. The amount of the Security was calculated as follows: Grading/Erosion and Sediment Control $ 15,600 Monuments $ 5,000 Sanitary Sewer $338,100 St.Lights/Signs $ N/A Water Main $161,600 Pk Lot/Landscape $ 50,000 Storm Sewer $ N/A Blvd.Sodding $ N/A Street Construction $ N/A Wetland Mitigation $ N/A Two(2)Years Principal and Interest on Assessments $N/A This breakdown is for historical reference;it is not a restriction on the use of the Security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the Plans(and specifications), and terms of this Agreement, and that all financial obligations to the City, subcontractors,or other persons have been satisfied,the City Engineer may approve reductions in the Security provided by the Developer under this paragraph from time to time by ninety percent(90%)of the financial obligations that have been satisfied. Ten percent(10%) of the amounts certified by the Developer's engineer shall be retained as Security until all Improvements have been completed, the required "as built" plans have been received by the City, a warranty security is provided,and the public improvements are accepted by the City Council. 28. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat,including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the Plat,the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the Plat. B. The Developer, except for City's willful misconduct or gross negligence, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs,damages or expenses which the City may pay or incur in consequence of such claims,including reasonable attorney's fees. C. The Developer shall reimburse the City for the reasonable costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor,materialmen,or others that have performed work required by this Agreement, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the Security deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. D. The Developer shall pay in full all bills submitted to it by the City within thirty(30)days after receipt. If the bills are not paid on time,the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty(30) days shall accrue interest at the rate of five percent(5%) per annum. If the bills are not paid within sixty(60)days,the City has the right to draw from the Developers Security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require the builder to provide on site trash enclosures to contain all construction debris,thereby preventing it from being blown off site,except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require its contractors to provide an on site portable toilet, except as otherwise approved by the City Engineer. 187307v2 6 31. Wetland Buffer and Natural Area Signs. Intentionally omitted. 32. Existing Tree Preservation. Intentionally omitted. 33. Developer's Default. In the event of default by the Developer as to any of the Improvements to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City,provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this Agreement,is first given written notice of the work in default,not less than seventy-two(72)hours in advance. This Agreement is a license for the City to act,and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work,the City may,in addition to its other remedies,assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots,the entire Plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits,including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,such decision shall not affect the validity of the remaining portion of this Agreement. D. Intentionally omitted. E. Each right,power or remedy herein conferred upon the City is cumulative and in addition to every other right,power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding,amendments or waivers shall be in writing,signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. Intentionally omitted. G. Compliance with Laws and Regulations. The Developer represents to the City that the Plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the Plat does not comply,the City may, at its option,refuse to allow any construction or development work in the Plat until the Developer does comply. Upon the City's demand,the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property.The Developer covenants with the City,its successors and assigns,that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the Improvements required of it under this Agreement,at the Developer's request the City will execute and deliver a termination of this Agreement (in recordable form)and a release of the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly 187307v2 7 employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;limits for property damage shall not be less than$200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy,the insurance certificate shall provide that the City must be given ten(10)days advance written notice of the cancellation of the insurance, and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the Plat. J. Intentionally omitted. K. Upon breach of the terms of this Agreement,the City may, following the passing of all applicable notice and cure periods , draw down the Developer's Security as provided in paragraph 27 of this Agreement. The City may draw down this Security in the amount of$500.00 per day that the Developer is in violation(following the passing of all applicable notice and cure periods). The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof,this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday-Friday 7:00 A.M.until 7:00 P.M. Saturday 8:00 A.M.until 5:00 P.M. Sunday and Holidays Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a$500 fine per occurrence in accordance with paragraph K of this section. M. Intentionally omitted. Intentionally deleted. 0. Third parties have no recourse against the City under this Agreement. P. . The City agrees at any time, and from time to time,within ten(10) days after receipt of written request by the Developer,a lender or a party purchasing the property,to execute,acknowledge and deliver a certification in writing and in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments certifying: (a) that this Agreement is unmodified and in full force and effect, or if there have been modifications,the identify of such modifications and that the same are in full force and effect as modified;(b)that no party is in default under any provisions of this Agreement or,if there has been a default,the nature of such default;(c) that all Improvements to be performed under this Agreement have been performed,specifying the Improvements to be performed;and(d)as to any other matter that the requesting party shall reasonably request.It is intended that any such statement may be relied upon by any person,prospective mortgagee of,or assignee of any mortgage,upon such interest. Any such statement on behalf of the City may be executed by the City Administrator without City Council approval. ****************** 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents,or mailed to the Developer by certified or registered mail at the following addresses: Legacy Partners of Farmington,LLC Attn:Roger Fink 3601 18th Street South,Suite 103 St.Cloud,MN 56301 187307v2 8 Notices to the City shall be in writing and shall be either and delivered to the City Administrator,or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David McKnight,City Administrator City of Farmington 430 Third Street Farmington,MN 55024 187307v2 9 SIGNATURE PAGE FOR THE CITY CITY: CITY OF FARMINGTON By: Todd Larson,Mayor By: _ David McKnight,City Administrator STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Todd Larson, Mayor, and by David McKnight, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public 187307v2 10 SIGNATURE PAGE FOR THE DEVELOPER DEVELOPER: LEGACY PARTNERS OF FARMINGTON,LLC By: [print name] Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by , the of Legacy Partners of Farmington, LLC, a Minnesota limited liability company,on behalf of the limited liability company. Notary Public Drafted by: City of Farmington 430 Third Street Farmington,Minnesota 55024 (651)280-6800 187307v2 11 EXHIBIT "A" LEGAL DESCRIPTION Outlot E of St.Michael's Addition,Dakota County,Minnesota. 187307v2 12 4```NB4/4y EXHIBIT"B" ��z�`; City Farmington Ci of Farmin 9, < 430 Third Street,Farmington,MN 55024 (651)280-6800 Fax(651)280-6899 48?•A pRO° www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed,deed(s)on the parcel(s)listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland,storm water facility,park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 187307v2 13 EXHIBIT"C" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 430 Third Street Farmington,MN 55024 Dear Sir or Madam: We hereby issue,for the account of .and in your favor,our Irrevocable Letter of Credit in the amount of$ ,available to you by your draft drawn on sight on the undersigned bank. The draft must: a)Bear the clause,"Drawn under Letter of Credit No. ,dated ,20_,of (Name of Bank) "; b)Be signed by the Mayor or City Administrator of the City of Farmington. c)Be presented for payment at (Address of Bank) . This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless,at least forty-five(45)days prior to the next annual renewal date,the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of,or cancel,this Letter of Credit.Written notice is effective if sent by certified mail,postage prepaid, and deposited in the U.S.Mail,at least forty-five(45)days prior to the next annual renewal date addressed as follows: Farmington City Administrator,430 Third Street,Farmington,MN 55024,and is actually received by the City Administrator at least thirty(30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified,amended,amplified,or limited by reference to any document,instrument,or agreement,whether or not referred to herein. This Letter of Credit is not assignable.This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits,International Chamber of Commerce Publication No.400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official] 187307v2 14 4w%, City of Farmington 430 Third Street Farmington, Minnesota I 651.280.6800 -Fax 651.280.6899 °'3'.A PRO". www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Encroachment Agreement Execution-Xcel Energy(Trident Development) DATE: July 5, 2016 INTRODUCTION As part of the new senior housing development south of St. Michael's Church, the developer is required to extend public utilities to the site. DISCUSSION In general, the sanitary sewer is being extended from the southwest corner of Ash Street and Denmark Avenue to the southern property line of the senior housing site. The line will cross from the west side of the Denmark Avenue to the east side through the intersection and then continue down the east side crossing Xcel's power line easement into a platted easement south of the church. The water line is being extended down the east side of Denmark Avenue from Hickory Street,under Ash Street and then crossing the Xcel Energy easement and into the platted easement south of the church. The water and sewer crossing of the easement will occur in about the same location. Because the power line easement existed prior to the utilities, we need to enter into the attached encroachment agreement with Xcel Energy to both construct and operate our utilities across their easement. The agreement will be signed by both the developer(as they need Xcel's permission to work in their easement)and the city(as the sewer line will ultimately be owned by the city). Both staff and the city attorney have reviewed the agreement and recommend approval. BUDGET IMPACT N/A ACTION REQUESTED Review the attached agreement, ask any questions you may have and then by motion, authorize execution of the agreement. ATTACHMENTS: Type Description a Exhibit Xcel Energy Encroachment Agreement Xcel Energy NORTHERN STATES POWER 414 NICOLLET MALL,MP-7 MINNEAPOLIS,MN 55401 June 29,2016 Roger Fink Emailed Trident Development,LLC rogerf @tridentdevelopmentmn.com 3601 18th Street South jradach @carlsonmccain.com St.Cloud,MN 56301 ENCROACHMENT AGREEMENT Project:Farmington Assisted Living Facility—Sanitary Sewer&Water Main Line 0703 NW1/4 NW1/4, Sec. 6,T113,R19,Dakota County,MN File:2016.0239 Dear Mr.Fink; Please be advised that this Encroachment Agreement is not effective until signed and returned to Xcel Energy within 30 days of the date of this letter, after that period it is NULL and VOID. Xcel Energy has reviewed the FARMINGTON ASSISTED LIVING FACILITY encroachment request. The encroachment is acceptable to Xcel Energy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Energy's transmission lines are complied with during construction and subsequent operation, maintenance and future decommissioning of the requested facility. SCOPE OF PROJECT. This project consists of the installation of sanitary sewer and water mains within portions of Xcel Energy's 83 foot easement. The utility extension will run from Ash Street near structure 134, extending southerly, through the easement area, and terminating near structure 136. Project details and utility alignments are shown on the submitted plan sheets from Carlson McCain,numbered C6.1 and C6.2,and dated 03/11/2016. The project plans meet Xcel Energy requirements and the project is acceptable as proposed, provided the following conditions are adhered to: (1) Excavation close to structure location. A minimum distance of 10 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 10 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling,retaining wall or tunneling. The specific plan for providing the required support and Page 1 of 4 Page 2 of 4 6/29/2016 the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. (2) Grade change around structure location. Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the requestor's expense. (3) Grade change within easement. The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and/or material within the easement will not be permitted. (4) Clearances to equipment and workers. A working clearance of 15 feet between the electrical conductors and any cranes or digging equipment used at conductor elevation in or near the easement and a clearance of 10 feet to the physical proximity of workers must be maintained at all times. In addition,any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin 612/330-2875). Adequate advanced notice must be provided in order to schedule a line outage, if an outage is available. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (5) Landscaping within the easement. No landscaping plans were submitted. Detailed plans for landscaping must be submitted to Xcel Energy in advance of construction for review and approval prior to construction start. (6) Building on easements. • There shall be no permanent or temporary building allowed within the easement area. (7) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (8) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non-building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start. Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph (4) also applies, for equipment used to erect and install light standards, sign boards, Page 3 of 4 6/29/2016 etc. Any metallic structure, pole, wire or item placed in the vicinity of a high-voltage transmission line will have the potential to become electrically charged due to electrical induction. The development of an electric charge results in a potential difference between the metal installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic installation should take into consideration the shock potential during the; construction, intended use AND future maintenance activities. Items which become charged must be connected to a grounding rod or grounding system to prevent shocks. (9) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases,curbing will provide adequate protection (10) Maintenance within the easement. The sanitary sewer and water main should be designed and installed in such a way as to allow truck traffic.Xcel Energy reserves the right to access its structures and facilities at all times. Any damages to the approved encroachment contained within this agreement shall be at the sole expense of the requestor. It is the express condition of this consent that all other terms and conditions of that certain easement granted on August 6th, 1980,and recorded as Document No. 565812 shall remain in full force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel Energy representatives,until all construction and site restoration has been completed. To acknowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me. Fax signatures are accepted to expedite this process. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered null and void, the file will be closed, your request will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall be null and void unless initialed by both parties. Thank you for your courtesy and cooperation. Sincerely, -7 Chad Peterson ACCEPTED: Senior Land Rights Agent Siting and Land Rights Dept. 612-330-7825 By chad.t.peterson @xcelenergy.com City of Farmington Its Page 4 of 4 6/29/2016 By Legacy Partners of Farmington, LLC Its cc: Dave Hageman (0703.-NH-33629-26,27) (0703: Str. 134-137)