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HomeMy WebLinkAbout02.19.08 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING February 19, 2008 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 7:00 P.M. CITY COUNCIL CHAMBERS 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 (Open for Audience Comments) a) Response to Ms. Shannon Walsh - Administration Information Received 7. CONSENT AGENDA a) Approve Council Minutes (2/4/08 Regular) (2/11/08 Special) Approved b) Adopt Resolution - Accept Donation Youth Scholarship Program - Parks and Recreation R13-08 c) Adopt Resolution - Accept January 2008 Donations Rambling River Center - Parks and Recreation R14-08 d) Approve Mowing Agreement with Toro Company - Parks and Recreation Approved e) Authorize Park Planning Services Proposal- Parks and Recreation Authorized f) School and Conference - Police Department Approved g) School and Conference - Police Department Approved h) School and Conference - Fire Department Approved i) January 2008 Financial Report - Finance Information Received j) Authorize Professional Services Audio Visual Equipment - Administration Authorized k) Approve Bills Approved 8. PUBLIC HEARINGS a) Adopt Resolution - Amending Economic Development Authority Ord 008-578 Membership - Administration R15-08 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Budget Adjustment Commercial Vehicle Enforcement - Police Department Approved b) Approve Agreement with Southwest Area YMCA - Parks and Recreation 11. UNFINISHED BUSINESS a) Schedule Joint Meeting with Empire Township - Planning 12. NEW BUSINESS a) Council Salaries - Administration 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved March 19, 2008 Ord 008-579 City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2008 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Ms. Shannon Walsh - Administration Page 1 7. CONSENT AGENDA a) Approve Council Minutes (2/4/08 Regular) (2/11/08 Special) b) Adopt Resolution - Accept Donation Youth Scholarship Program - Parks and Recreation c) Adopt Resolution - Accept January 2008 Donations Rambling River Center - Parks and Recreation d) Approve Mowing Agreement with Toro Company - Parks and Recreation e) Authorize Park Planning Services Proposal - Parks and Recreation f) School and Conference - Police Department g) School and Conference - Police Department h) School and Conference - Fire Department i) January 2008 Financial Report - Finance j) Authorize Professional Services Audio Visual Equipment - Administration k) Approve Bills Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 8. PUBLIC HEARINGS a) Adopt Resolution - Amending Economic Development Authority Membership - Administration Page 13 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Budget Adjustment Commercial Vehicle Enforcement - Police Department Page 14 b) Approve Agreement with Southwest Area YMCA - Parks and Recreation Page 15 11. UNFINISHED BUSINESS a) Schedule Joint Meeting with Empire Township - Planning Page 16 12. NEW BUSINESS a) Council Salaries - Administration Page 17 13. COUNCILROUNDTABLE 14. ADJOURN ~CL City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us SUBJECT: Mayor, Councilmembers Peter J. Herlofsky, ~. City Administrator W Response to Ms. Shannon Walsh Comments TO: FROM: DATE: February 19, 2008 INTRODUCTION Ms. Walsh brought several concerns to Council at the February 4,2008 Council meeting. Listed below are her comments and staff s response. DISCUSSION Ms. Walsh Comments City Response I am here tonight to follow up on my email to the City Council dated January 15, 2008 regarding the property at 808 Second Street. This property is a nonconforming triplex as The triplex is a permitted non- triplexes are not permitted in R-2 zoning per city conforming use. code. I initially contacted the city to find out what if Yes. any permits had been issued for the reconstruction work underway. After contacting both the building inspector and the city planner I learned that the owner's intent was interior remodeling, expansion and continued triplex usage. I contacted the city ~lanner on January 7, 2008 The zoning official determined that and again on the 14t to communicate to her the there were issues that allow the use to fact this property was in violation ofthe five continue. The repairs are within the requirements of nonconforming use as defined ordinance requirement. by 10-4-2. Reason #4 (10-4-2 (B) 4) that the nonconforming use at this property ceased as of January 1, 2008 as one of the triplex units has been vacant since December 2006. I also identified number #5 (10-4-2 (B) 5), the repairs to the structure which exceed the code threshold of normal and incidental maintenance and I reported a number of code violations at the property. On January 15th the city planner responded that The City Planner made the decision the Development Review Committee and the after consultation with the City city attorney had decided to allow the triplex Attorney and Development Review usage citing as the reason the plat review Committee. process for this property. This despite the fact that city code (10-4-2 (B) 4) states, "In the event that any nonconforming use ceases for whatever reason for a period of one year such nonconforming use shall not be resumed. Nonconforming use, the rental of three triplex units ceased on January 1, 2008 when one unit began its 13th month of vacancy. A second unit will hit the 13 month vacancy mark in March 2008 and both units are currently uninhabitable. Other code violations identified in my January The issues have and are being 7,2008 email to the city planner such as parking addressed. on the lawn, debris everywhere on the property and the outdoor storage of a refrigerator with the doors still on it, all violation of city code remain unaddressed and unabated. It is our contention that the property at 808 The City has not issued any zoning Second Street has been illegal and certificates. nonconforming use since the law changed in February 2002 outlawing multi-family units in R-2 zoning. Code 10-4-2 (B) 2 states, "A zoning certificate must be obtained within one year by the owner of any non-conforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming." On August 27, 2003, eighteen months after The Zoning Officer has concluded that multi-family (triplex or more) uses were it is a lawful non-conforming use. outlawed in R-2 zoning Mr. Kevin Carroll responded to our request for said zoning certificate that no such certificate existed. As such, there is no evidence that this property has ever been a lawful nonconforming use as required by code and the city's assertion that this property is a legal nonconforming use is without the code required evidence. 2 In our January 15, 2008 email to council we questioned whether or not repairs to this nonconforming structure would remain under the 50% of fair market value as required per city code (10-4-2 (B) 3) #3 if replaced, shall conform to the requirements of this title. Again, title does not allow triplexes in R-2. The property owner indicated on his building permit that he was planning an interior remodel, new roof, new siding and new windows. The permit did not address the necessary plumbing and electrical work nor did it give a cost estimate. Our sense of this project is that it exceeds 50% of value. The two units to be rebuilt have been gutted down to bare stud and will need of new flooring as the old flooring has been removed, wallboard, bathroom and kitchen fixtures, cabinets and countertops and interior doors. This plus the remodel, roof, siding and windows. It's a big project. 10-4-2 (B) 5 states "Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. The complete gutting and proposed remodeling of 2/3 of the nonconforming structure clearly exceeds nonstructural repair and incidental maintenance. City Code 10-1-4 which states, "no structure shall be located, constructed, reconstructed, moved, converted or enlarged; nor shall any structure or land be used or designated to be used except in full compliance with all provisions of this title and after the lawful issuance of all required permits and certificates." The nonconforming use of this property has expired because it lacks the required zoning certificate, it ceased nonconforming use, work done exceeds nonstructural and incidental maintenance and we suspect cost to repair the units exceeds 50% of the properties value. In addition to following code we would also like to cite the need to follow precedence. Since 2004 five properties on Second Street has been extensively reconstructed and brought up to current city code with the addition of such Our assessment has determined the project does not exceed 50%. All documents are in order. 3 things as expanded or newly constructed garages, paved parking surfaces, ten foot property line easements without any impermeable surfaces which meet the ten foot property line drainage. (These properties are 513 Second Street which was built in 1875, 704 also built in 1875; 709 Second Street built in 1925; 713 Second Street and built in 1920 and currently under reconstruction is 913 Second Street which was built in 1942.) All ofthese properties are compliant with R-2 zoning and have been completely rebuilt, not just partially reconstructed unlike what is being proposed at 808 Second Street. We fail to see the reason why this property and owner is being given special consideration and is allowed to circumvent code when other similar projects on our street have not been given the same opportunity. This past Friday, February 1, 2008 we received a notice for a public hearing for the property at 808 Second Street for a proposed expansion which requires a variance. Code 10-4-2 (B) 1. states: "A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use... As you know, triplexes are not allowed under provisions ofthis title in R-2 but if that is overlooked that fact is that other changes would need to occur in order to bring this property in line the provision oftitle including changes to the current parking situation. If this property were to be used as a single or two family structure code require a garages and paved access to the garage per code while a triplex would require 8 parking spaces and a screened lot. Code 10-4-2 (B) states: "A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the board of adjustment in accordance with the provisions of this title." As you recall, the email I received from the city planner stated that the Development Review committee and the city attorney had decided to continue, to extend, the This owner has not received any special considerations. All decisions have been made by the Zoning Officer and she sought advice and counsel from the City Attorney and Development Review Committee. 4 nonconforming use. Code only allows for action to be taken by the board of adjustment, in this case the planning commission or by the zoning officer (city planner). Per code neither the Development Review committee, or the city attorney have any authority to extend a nonconforming use. Additionally, the city administer is specifically barred from zoning decisions by city 1-7-3 (K) Powers And Duties, Limitations: The city planner not the city administrator shall act as zoning officer. I am here tonight requesting that the city council The appropriate process is taking exercise their authority as outlined in city code place. 10-3-14: Enforcement Remedies to bring this property into full code compliance as outlined under title 10 of City code. The enforcement remedies states: In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation ofthis title, the city council, in addition to other remedies, may institute in the name of the city, any appropriate action or proceeding to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. Thank you for your time. BUDGET IMPACT None. ACTION REQUESTED For your information. R~_$pecd51. y.s u bm..itt.~n( (I /". //.1'.#7'// ,/ ~ I 0:...-:--/ / Peter J. HerlQisky,'Ji. i City Administrator J., cc: Mr. Mike Bischel 5 /a., COUNCIL MINUTES PRE-MEETING FEBRUARY 4, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Cindy Kirchoff, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, llterim City Engineer; Todd Reiten, Director Municipal Services; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the appointments to the Fire Department. One of the appointments was due to a retirement, and the other two are re-appointments. Councilmember McKnight asked if the closed circuit camera system was included in the City Hall budget. This is included in the City Hall budget. Staff anticipates the cost will be over $50,000. Councilmember Wilson asked what is prompting getting a new wheel loader. The skidster is operated in the shop to pick up cardboard. The purchase of a front end loader would make this much easier. Councilmember Wilson asked if there were any issues with the garbage truck purchased in 2000. Staff explained they are following a 7-year maintenance schedule. To purchase a truck now, it would take until October to receive it. The old truck will be traded in. Councilmember Wilson noted the contract with Global Synergy, the EDA consultant, is ending. He asked for a summary of cost and achievements. They assisted with developing the Economic Development plan. Council Minutes (Pre-Meeting) February 4, 2008 Page 2 Councilmember Pritzlaff asked about the conference for the Human Resources Director. He asked staff to keep in mind to keep conferences in-state. Councilmember Pritzlaff noted the closed circuit security cameras would also be installed at the Police Station, Central Maintenance Facility, and both liquor stores and asked if they were included in the budget. The Police department has cameras in their budget. The majority ofthe cameras in the liquor store will be reused. The cameras will now be owned by the City. Regarding the wheel loader and the garbage truck, Councilmember Wilson asked if the City has to put money down. No money is put down. The truck is ordered and when received, it is paid for. Councilmember Pritzlaff asked about the payment to Hamline University in the amount of$1,250. This is the budgeted training class for the Director of Municipal Services. Halfwas paid in 2007 and the other half in 2008. This is equivalent to the leadership course other staff members have taken. Councilmember Pritzlaff also asked about a payment to LaMettry's Collision in the amount of$I,444.76. This was to repair a dented truck. 5. STAFF COMMENTS City Administrator Herlofsky had provided Council with some examples of evaluation forms for the City Attorney and City Administrator. Council decided to use the City Administrator evaluation form from last year and will leave the City Attorney evaluation up to the City Administrator. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, o ~<M~~ ~a Muller Executive Assistant COUNCIL MINUTES REGULAR FEBRUARY 4, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Cindy Kirchoff, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, Interim City Engineer; Cynthia Muller, Executive Assistant Bradley Dow, Randy Bock, Shannon Walsh, Michael Bischel 4. APPROVE AGENDA Mayor Soderberg removed item 5b) Introduce New Fire Fighters from the agenda, and moved item 5c) Congressman John Kline to the beginning of the meeting. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Congressman John Kline gave Council an update on the last legislative session. b) Introduce New Employee - Parks and Recreation Randy Bock was introduced as the new Parks and Facilities Maintenance Worker. 6. CITIZEN COMMENTS a) Response to Mr. Mike Bischel Mr. Bischel has already paid three bills, had a concern with the fourth bill, and staffhas not invoiced him for a fifth bill. Staff recommended requiring Mr. Bischel to pay the fourth bill in the amount of $989.82 and to not send the additional billing of$736.85. Councilmember Pritzlaff was concerned because after the Planning Commission denied the plat, the applicant brought it back to the City with changes. The City did not ask Mr. Bischel to make changes. At that point the plan should have been given back to Mr. Bischel and not reviewed as the Planning Commission did not ask for any changes. On the other side, the applicant took a risk by making changes and bringing it back in for review. Council Minutes (Regular) February 4, 2008 Page 2 Councilmember McKnight stated the plat was accepted to review, not to approve. Mr. Mike Bischel, regarding 808 2nd Street, stated he reviewed the invoices and his major concern is the billable rate. Lee Mann $324,000/year billable rate, Dave Sanocki $253,000/year billable rate, Emily Reisinger $ 197,000/year billable rate, Eric Rose $183,000/year billable rate. This elevates the cost. There is $13.16 for mileage to go to 808 2nd Street from City Hall. That is 5.52 miles. He cannot get 5.52 miles, much less a half mile. The government pays $.42/mile. From June 25,2007 - August 24, 2007, the preliminary plat was submitted, he attended several meetings, met with the City Attorney and all that work cost $1298 for two months of work. He came back to meet with the City Engineer and for a month the cost was $819. On the plat he moved the street 1 ft. as requested by the City Planners as a possible solution. After the street was moved, he received an invoice for almost $1,000. There was two months of work, multiple people looking at the plat for $1200. He was trying to follow the dollar amounts and it did not make sense. There is a $700 bill which the City will not invoice. . He moved the street I ft, the Planning Commission would not discuss it, it was sent to the Council and not discussed, and it cost him $1700. Where is the accountability? He was encouraged by the Planning staff that moving the street I ft. was a good solution. He attended the workshop with Council and the Planning Commission and no feedback was given. He was moving things and trying to meet every letter of the law, and no feedback. If the City cut out the $700 bill and does not think twice about it, Mr. Bischel felt there was more fat to cut. He has not received anything from Engineering telling him what they did for that amount oftime. If he works for someone and gives them an invoice, he needs to know what was done. Plats and lot splits are complex to go through. Mr. Bischel felt there should be a minimum amount charged for processing a plat. If the cost goes over that, then it should be charged. He was struggling with the $900 and the $700, and the past bills. When there are billable rates in the $300,000 range, that is not accountability. Mayor Soderberg stated Mr. Bischel's circumstance did make the City look at the process and one suggestion he made was to identify an amount up front so developers know coming in there are review charges and what they are. This is being refined. The guidance Mr. Bischel was looking for on his project, could not be given during a workshop as it would have been illegal. A workshop is to talk about policy and Council cannot talk about specifics of a single project. Council was looking at a broad picture of the types of redevelopments that might occur in the downtown. Council gave guidance to the Planning Commission as to what they are looking for and they have acted on that. The Planning Commission did deny the plat at the November 13, 2007 meeting and the charges Mr. Bischel incurred are subsequent to that denial. Once that denial occurred, the Planning Commission sent it to the Council and in the interim there was a request to have it reconsidered, and the Planning Commission chose not to. The Planning Commission's recommendation came to the Council, and Council understood there were some changes made, but the Planning Commission recommended Council Minutes (Regular) February 4, 2008 Page 3 denial and there was nothing to persuade the Council to do anything but support the Planning Commission's recommendation. " Councilmember Pritzlaff stated at the workshop there was a lot of discussion about whether it would be a public or a private street that would serve the property. He recalled the outcome of the workshop was that the City did not want to split properties in the downtown and create private streets. Once the Planning Commission denied the plat, there should not have been any more action taken. There was a risk in bringing this to the City after it was denied. Councilmember Wilson stated Mr. Bischel did bring up one good point regarding the mileage. That fact has Councilmember Wilson concerned enough to table this for further review. Councilmember McKnight supported staff s recommendation, but to also look at the mileage. MOTION by Pritzlaff, second by McKnight to send the bill to Mr. Bischel as presented, but in the future staff should stop the process after denial, and to review the mileage. APIF, MOTION CARRIED. Mr. Bischel clarified that after all his comments, staffwill be looking at the mileage, a $12 item. We are not looking at billable rates. No one seems to be concerned that a billable rate of $320,000/year is excessive. He follows a dollar closer than Council does. Because of that he has been successful at what he does, because he can give people a really good value for their money. He was not feeling the value today. He did not feel the value in what Council was bringing forward. Regarding the denial by the Planning Commission and forwarding it to Council, Mr. Bischel felt Council could have looked at it and opened it up for discussion even after the City Attorney pointed out Mr. Bischel was in attendance. Councilmember Pritzlaff stated at the pre-meeting he told Council he would be in favor if the applicant is not present, to put it on the consent agenda. However, nothing in the packet had changed his mind and he left it on consent. The Planning Commission did their work, forwarded it to the Council, and Council reviewed it in the packet. Mr. Bischel stated if the Planning Commission forwards something to Council, he felt there should be some discussion and not put on consent. If things go on consent, Council is not needed. If someone takes the time to show up wanting to discuss something, it should be discussed. Ms. Shannon Walsh, 816 2nd Street, was in attendance to follow-up on her e-mail to Council dated January 15,2008 regarding the property at 808 2nd Street. After contacting City staff, she learned it was the owner's intent to have internal remodeling and expansion and to continue triplex use. She contacted the City Planner on January 7 and 14, 2008 to communicate the property was in violation of five requirements of non- conforming use as defined by City Code 10-4-2. Starting with reason four, non- conforming use ofthis property ceased as of January 1, 2008, as a triplex unit has been Council Minutes (Regular) February 4, 2008 Page 4 vacant since December 2006. Reason five, repairs to the structure exceeded the code threshold of normal and incidental maintenance. She also reported a number of code violations at this property. On January 15, 2008 the City Planner responded that the Development Committee and the City Attorney had decided to allow the triplex usage citing the reason ofthe plat review process for this property. City code states in the event that any non-conforming use ceases for whatever reason for a period of one year, such non-conforming use shall not be resumed. The non-conforming use of the rental of three units ceased on January 1, 2008, when one unit began its 13th month of vacancy. Another unit will reach the 13th month vacancy in March 2008. Both units are currently uninhabitable. Other code violations identified in her January 7,2008 e-mail to the City Planner included parking on the lawn, debris everywhere on the property, and outdoor storage of a refrigerator with the door still on it, all violations ofthe City code and all remain unaddressed and unabated. The property at 808 2nd Street has been illegal and non-conforming use since the law changed in February 2002 outlawing multi-family units in R-2 zoning. Code states that a zoning certificate must be obtained within one year by the owner of any non-conforming use as evidence that the use lawfully existed prior to the adaptation of the provision which made the use non-conforming. On August 27,2003, 18 months after the code changed, Mr. Kevin Carroll responded to her request regarding the zoning certificate, saying no certificate existed. As there is no evidence that this property has been a lawful non-conforming use as required by code, and the City's assertion that this property is a legal non-conforming use, is without the code required evidence. In her e-mail on January 15, 2008, she questioned whether repairs to the non-conforming structure could remain under the 50% fair market value as required by code. The code requires that if replaced, it shall conform to the requirements of the title. Again, title does not allow triplexes in R-2. The property owner indicated on his building permit that he was planning an interior remodel, including new roof, new siding, new windows. The permit did not address the necessary plumbing and electrical work, nor did it give a cost estimate. She felt the scope ofthe project does exceed its 50% value. The two units that need to be rebuilt have been gutted down to bare studs, will need new flooring as the old flooring has been removed, wallboard, bathrooms, kitchen fixtures, cabinets, countertops, and interior doors. This plus the proposed remodel of roof, siding and windows. Code states that normal maintenance of a non-conforming structure is acceptable including non-structural repairs and incidental maintenance. The complete gutting and proposed remodel of 2/3 of the non-conforming structure clearly exceeds non-structural and incidental maintenance. City code 10-1-4- states no structure shall be located, constructed, reconstructed, moved, converted or enlarged, nor shall any structure or land be used or designated to be used except in full compliance with all provisions ofthis title and after the lawful issuance of all building permits and certificates. This non-conforming use of the property has expired because it lacks the required zoning certificate, it has ceased non-conforming use, work done exceeds non- structural and incidental maintenance and she suspects the cost to repair the unit exceeds 50% of its value. In addition to code, she would also like to cite precedent. Since 2004, five properties on 2nd Street have been extensively reconstructed and brought up to current City code with such things as expanded or newly constructed garages, paved parking surfaces and landscaping. All of these properties are compliant with R-2 zoning, have been completely rebuilt and not just partially reconstructed unlike what is being Council Minutes (Regular) February 4, 2008 Page 5 proposed at 808 2nd Street. She fails to see the reason why this property owner is being given special consideration and is allowed to circumvent code, when other similar projects on the street have not been given the same opportunity. On February 1, 2008, she received a notice for a public hearing on 808 2nd Street for a proposed expansion which requires a variance. Code 4-2-1 states a non-conforming use may be continued, but may not be extended, expanded or changed, unless to a conforming use in accordance with the provisions of this title. Triplexes are not allowed under this title, however, overlooking that fact, there are other changes that would need to occur at this property in order to bring it into code compliance including changes to the current parking situation. She requested the Council exercise their authority to bring the property into full compliance of code under title 10. Mr. Bischel stated there is debris around the property. There is hail damage to the building so he is replacing the roof, siding and windows. There are no structural alterations to the building. The refrigerator and debris will be removed tomorrow. The triplex has been there since 1880. The current request going to the Planning Commission is for a fire escape for the building. It is not an expansion of the square footage. It is exterior. As far as Ms. Walsh monitoring the interior ofthe building, that is trespassing, and he asked her not to trespass on his property. Mayor Soderberg noted staff will respond to Ms. Walsh's request and copy him on the response. Councilmember Pritzlaff stated Council has gone back and forth regarding a code enforcement officer. It seems violations have recently been coming to Council. He was struggling with when a complaint comes forward, why are we not dealing with that code violation. Certain complaints are coming that will force the City to have a code enforcement officer. He does not want to do that, but the resident has stated legitimate codes that are not being followed. As a City we need to look at our codes and follow them. Ifwe have to have a code enforcement officer, that individual should work for the Council, not a department in the City. He would like to think residents can take care of their properties to the extent that neighbors are not forcing the City to get involved. 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (1122/08 Regular) b) Approved Temporary On-Sale Liquor License - Administration c) Approved School and Conference - Parks and Recreation d) Approved School and Conference - Human Resources e) Approved Change Order Hunter Lift Station - Engineering f) Approved Appointment Recommendation Assistant Fire Chief - Human Resources g) Approved Appointment Recommendation Captain - Human Resources h) Approved Appointment Recommendation Lieutenant - Human Resources i) Authorized RFP Closed Circuit Security System - Finance/Human Resources j) Approved Capital Outlay - Municipal Services k) Adopted RESOLUTION R7-08 Authorized Advertisement for Bids - Municipal Services Council Minutes (Regular) February 4, 2008 Page 6 I) Adopted RESOLUTION R8-08 Approved Assessment Agreement - Engineering m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) City Hall Project Budget Update - Finance Staff presented an updated City Hall construction budget. It includes information from 2004 - 2006 which included planning and architectural fees as well as 2007 expenses. This shows what has been spent as ofthe end of 2007 on the new City Hall construction project. Expenses are within budget and there is 75% of the construction contract remaining. The proceeds from the bonds were invested in cash flow investments. The interest on those investments as been diverted back to the project. Through the end of2007, there was $200,000 in interest and mark to market adjustments. The transfer of the land purchase to the EDA also occurred this year for the Blaha building which will be the site of the parking lot. Councilmember McKnight noted in engineering expenditures, $29,000 more was spent than estimated. Staff explained Bonestroo was used to deal with some civil engineering issues with elevations which saved money in change orders. Councilmember McKnight asked when the furniture would be purchased. City Administrator Herlofsky stated they hope to move in around June. Staff is touring other City Halls and bids will be taken within the next 60-90 days. Finance Director Roland noted in the past Wold's services have been used at an additional fee to put together the furniture package. There is an internal committee of staff to put the furniture bid together. b) Preliminary December 2007 Financial Report - Finance Staffnoted $725,000 was added to the general fund balance due to under spending and exceeding revenues. A 1 % under spend amounts to $80,000. The building permit revenues exceeded budget. Charges for services are larger than the original budget due to charges for services to the surrounding townships for fire contracts. The interest income is larger due to a positive mark to market requirement. Staff requested they consider changing the revised 2007 budget for four reasons: 1. In 2007 when staff budgeted for the DCC, the operation and capital costs were combined into one number, $302,310. $244,000 was for operation costs, the remaining $58,500 was for capital items purchased for the DCC. When the capital items were purchased, the joint powers agreement provided for individual Council Minutes (Regular) February 4, 2008 Page 7 debt for each ofthe 13 cities. Staff requested to move the money already in the budget from the general fund to the debt service fund to pay for the bonds. 2. The 2007 budget reflected some personnel who did not spend their time entirely at the arena, but at the arena, the pool, and the building maintenance area. Because ofthese changes, the pool and the Rambling River Center are in a deficit of$23,000. Staff asked for an increase in the transfer from the general fund to eliminate the deficit. 3. The ice arena fund did not receive the $50,000 transfer from the liquor store in 2007 because there was no profit at the liquor store in 2006. As a result, there was not a full recovery in the arena in 2007. There was a $9,000 swing and there is still a deficit in the ice arena which a transfer would alleviate at year end. 4. As part ofthe fire contract with the townships, the City charges for depreciation on fire equipment. In 2007 the 2nd fire station came on line for depreciation amounting to $50,000 for that building. More money was billed on the fire contract than anticipated. Staff requested Council authorize a transfer from the general fund to a debt service fund of $50,000 to support the bonds that built fire station 2. This money would come from the proceeds of the township fire contracts. . The actual change to the general fund would be $105,000, so instead of adding $725,000 to the bottom line, $622,000 would be added. This would bring the fund balance as a percentage of annual expenditures from 21 % at the end of 2006, to 25.6% at the end of2007. MOTION by Wilson, second by Pritzlaffto adopt RESOLUTION R9-08 revising the general fund budget for year ended December 31,2007. APIF, MOTION CARRIED. c) Adopt Resolution - Approve Final Draft 2030 Comprehensive Plan - Planning City Planner Smick presented the final draft of the 2030 Comprehensive Plan. Parks and Recreation Director Distad presented the 2030 Parks and Recreation Master Plan. Included in the master plan are parks, trails, facilities and open spaces. There are eight planning parameters for the Comprehensive Plan: 1. By 2030 Farmington's population will be 32,700 with 12,500 homes and a net density of3.25 units per acre. 2. The Comprehensive Plan will be reviewed every 2-3 years. 3. There is currently a 3-4 year supply of vacant lots totaling 879 lots. 4. Farmington will grow into the residential MUSA of914.49 acres. 5. The City will meet its affordable housing requirement of 492 units by adding 210 acres of medium-high density. Council Minutes (Regular) February 4, 2008 Page 8 6. The City will request MUSA for 106 acres of commercial and 316 acres of industrial. 7. The City has submitted 15 Comprehensive Plans in two years. The plan will be sent to surrounding jurisdictions for comment. 8. The City will continue to consult with the Metropolitan Council sector rep. Staffis requesting MUSA for 1,053 acres for residential, commercial 106 acres and 316 acres for industrial. For residential, Council has already approved Fountain Valley, Devney and Winkler properties, Fairhill, and the Spruce Street corridor. This makes the 1,053 acres. The industrial is to the west of Pilot Knob Road and north of CR50. Commercial is along the west side of Pilot Knob and various areas along CR50. There will be an area of industrial along Fairgreen Avenue. City Planner Smick explained the Thoroughfare Plan showing the east-west corridors to Cedar Avenue. 208th Street will go through the industrial park area and turns into 202nd Street (CR50) and continues to 35W. There is a local collector on the east side of Pilot Knob which is 203rd Street. On the west side of Pilot Knob it becomes 200th Street which is the alignment of CR64. On Cedar Avenue there could be the possibility of two intersections close together. Farmington has over 500 commuters to Eagan. There are 250 commuters coming to Farmington. Staff proposed a park and ride lot at the Police Station, at 208th and Pilot Knob, at City Center, and at Fairhill on TH3. Upon Council approval, staff will be sending the Comprehensive Plan to surrounding jurisdictions for comments. They have six months for review. During this time, the Planning Commission will discuss action steps and prepare work plan processes. The deadline for comments is August 12, 2008. The final plan will then be sent to the Met Council for a 60-day review. Approval should come in December 2008. City Administrator Herlofsky noted the Comprehensive Plan was done by City Planner Smick and Assistant City Planner Wippler. The City can be very proud of this plan. Councilmember Pritzlaff thanked staff for the work they did. It saved the City a great deal of money. There was so much to read, he would have liked Council to receive the document the same time as the Planning Commission to allow for more time to read it. Regarding the park and ride system, the nearest one is 157th Street and Pilot Knob Road station and he asked that be added. Councilmember Pritzlaffhas a concern with the close proximity of 200th Street and 202nd Street on Cedar Avenue. From 140th Street to 170th Street in Apple Valley they want to eliminate several intersections which is 3 miles. If the county wants to eliminate that many intersections to a major thoroughfare, why would there be a plan Council Minutes (Regular) February 4, 2008 Page 9 showing these two intersections so close. The City wanted to open Spruce Street to TH3, but the county said it was too close to Elm Street. Councilmember Wilson thanked staff for all their work and commented on how well organized the meetings were. Internal communication, communication with the Council and public was great. Councilmember McKnight agreed with talking with Lakeville regarding the intersections of 200th Street and 202nd Street. He thanked staff and the Planning Commission for all their work. MOTION by Pritzlaff, second by Wilson to approve the final draft ofthe Farmington 2030 Comprehensive Plan 2008 Update and authorize its distribution of adjacent jurisdictions. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto approve the Final Draft of the Local Surface Water Management Plan and authorize its distribution to the Vermillion River Watershed Joint Powers Organization. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Amend Ordinance - City Boulevard Trees - Planning The boulevard tree route includes major collector streets on the City's Thoroughfare Plan that are allowed to be planted with boulevard trees. The City boulevard includes the area between property lines on either side of all streets, avenues, or ways within the City. Lot frontage trees will now identify the trees in new developments developers must propose on the landscape plan. They should be set back 10ft. into the private property. Boulevard trees will continue to include the existing trees in boulevards throughout the City as well as trees proposed by developers on the landscape plan and installed by them on the City approved boulevard tree routes. Regarding replacement of trees, the City shall be responsible for removing existing boulevard trees that have died or sustained severe damage. The City will replace trees on designated boulevard tree routes. It is at the homeowner's discretion to replace any boulevard tree on their private property. The tree cannot be replaced in the boulevard. The City will inspect and trim existing boulevard trees. The homeowners will be responsible for trimming lot frontage trees in new developments. Utilities will continue to be installed within the 10ft front yard drainage and utility easement or under the sidewalk. The City employs a Natural Resources Specialist to maintain trees, so the Reforestation Advisory Commission can be dissolved. Councilmember Wilson felt Council was taking away City liability by doing this, but there could be some frustrated residents. Mayor Soderberg suggested in replacement of trees it creates a hardship on the existing developments. If a boulevard tree is removed, he would like the wording to allow a homeowner to replace the tree in the boulevard in existing developments. This would be at the homeowner's expense. In new developments Council Minutes (Regular) February 4, 2008 Page 10 trees should be placed in the lot frontage. The City would be responsible for trimming boulevard trees. Councilmember Wilson noted with utilities going through the front yard there is not a lot of room. Staffhas discussed with utility companies reducing the 10 ft easement for utilities in the front yards and they will not change it. City Administrator Herlofsky noted if developers are aware ofthis, they may layout their plan differently. Councilmember Wilson urged staff to talk more with the utility companies. Staffwill change the wording in the ordinance and bring it back to Council. 12. NEW BUSINESS a) Municipal State Aid Designation 195th Street - Engineering The funding for the TH3 roundabout project would come from MSA funds. In order to use MSA funds the highway has to be located in the City. The City is in the process of annexing this portion of TH3. Unless the roads that tie into the roundabout are designated as state aid roads, state funding cannot be used. Staff proposed to revoke the MSA designation on Flagstaff Avenue from 208th Street south to CSAH 50. In conjunction with the balance of miles left to designate in the City, that will bring our total up to enough that 195th Street can be designated as a MSA route from Akin Road to TH3 to allow the City to use the MSA funding. MOTION by Wilson, second by McKnight to adopt RESOLUTION R12-08 revoking the Municipal State Aid designation for the portion of Flagstaff Avenue between 21ih Street and 208th Street and designating 195th Street from Akin Road to TH3 as a Municipal State Aid street. APIF, MOTION CARRIED. b) 2008/2009 Holiday Hours - Administration Staff noted December 26, 2008 and January 2, 2009 are Fridays and proposed closing City Hall those days. Employees would take vacation time or a floating holiday. Council had a concern with making employees use vacation time and felt City Hall should be open those days. 13. COUNCIL ROUNDTABLE Councilmember Wilson: night. There will be a caucus held for the major parties tomorrow Councilmember Pritzlaff: Residents have contacted him regarding the house on 7th Street and Elm Street. The siding was removed over a weekend and during the week the City stopped the work as a demolition permit was required. The owner has not applied for a permit, so Councilmember Pritzlaff asked staffto contact the City Attorney as to what the City can do. Mayor Soderberg: He attended the Metropolitan Council State ofthe Region presentation by Peter Bell. Council Minutes (Regular) February 4, 2008 Page 11 He received an e-mail from the League of Minnesota Cities regarding the House of Representatives Property Tax Relief and Local Sales Tax Division. On February 6 and 7, 2008 they will be on the road to talk to residents about property taxes. The closest meeting is at the Eagan City Hall from 5:00 - 6:30 p.m. on February 6,2008. He attended a Going Green Summit by the High Performance Partnership in Rosemount. Randy Distad and Lena Larson also attended. He felt there were some things the City could look at such as rain gardens and how we manage storm water. 14. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 9:49 p.m. APIF, MOTION CARRIED. Respectfully submitted, (? -.L//- 44 7 ,,^...-Uc:::.d., /Y7 ,:.~--<-/ Cynthia Muller Executive Assistant Council Workshop Minutes February 11, 2008 Mayor Soderberg called the meeting to order at 6:30 p.m. Present: Mayor Kevan Soderberg, Councilmember Fogarty, Councilmember McKnight, Councilmember Pritzlaff, Councilmember Wilson Peter Herlofsky, Lisa Shadick, Randy Distad, Lee Smick, Tony Wippler, Tina Hansmeier, Lisa Dargis, Cynthia Muller Ken Stewart, John Franceschelli, David McMillen, Beverly Preece, Ed Samuelson, Robert Vogel, Gil Anderson, Charles Weber, Nancy Anderson, Dawn Johnson, Aaron Fitzloff, Todd Larson, Dirk Rotty, Geoffery Stokes, Todd Arey, Erik Starkman, Chad Collignon Audience: Kris Akin, Nick Schultz, Jeff Thelen, Leon Orr, Michelle Leonard The purpose of the workshop was to delineate the proposed downtown commercial district. Staff provided a map with a proposed boundary from 2na Street to 4th Street and from the river to Walnut Street with an extension down 2nd Street. This area was chosen because of its history, streetscape, and high density commercial uses. Staff asked for feedback on these proposed boundaries from Council and Boards and Commission members. Comments included wanting the area with the creamery, bowling alley, and the flower shop included. Ifthe purpose is for redevelopment, some felt it should include Elm Street to TH3 and 1 block north and south of Elm Street. Some felt once they come over the bridge and hit Division Street they are in downtown. There are 119 acres vacant for commercial property and another 106 acres are added in the 2030 comprehensive plan. Opportunities for development include the City Hall site, old liquor store, McVicker lot, Duebers building, and Riste building site. The EDA has contracted with private developers for developing some ofthese areas and the contracts have lapsed. They entered into a contract 10 years ago for redeveloping the Exchange Bank building and that is still in process. Business owners in attendance were asked what brought their business to Farmington. It was the architecture of the buildings and the quaintness of the downtown. But they did not realize how slow business is. The Downtown Business Association delineates the area where people can park their car and walk on a sidewalk without going through a residential area as downtown. Council Workshop Minutes February 11, 2008 Page 2 Dakota County Technical College is considering leasing space in the new City Hall for evening classes. This should bring some traffic to the downtown. In the summer there could also be a farmers market, the Downtown Business Association plans activities for weekends, all these things enhance the small town feel and bring people downtown. Many people living on the north end do not know where downtown is. When events take place, there should be mailings, flyers, ads in the newspaper, etc. The best advertisement is word of mouth. Council and Boards and Commission members should talk to their neighbors about events going on, or what is available downtown and where it is located. Some were concerned with creating a definite line. Something could happen with a property just outside the line and it would not fall in the downtown category. Design standards were discussed. Design standards would include a look that fits with the rest of downtown. A consensus was reached that the downtown area should include the river to the north, Walnut Street on the south, 4th Street on the east, and 1 st Street on the west. The southern tail along 2nd Street should not be included. Staffwill bring this to the public in early March for buy in. The Heritage Preservation Commission has been working on a Neighborhood Preservation Overlay District to protect the historic area. The City would need 50% buy in from the residents in this area for the overlay district to occur. This would mean ifthere were to be demolition, new construction, or moving existing buildings, it would need to be approved by the HPC. This would not include additions, remodels, decks, porches, etc. unless it is a heritage landmark property. This designation would control massing (size and shape) of buildings rather than the architecture. It preserves the neighborhood's stability and fills a gap not satisfied in traditional zoning. This would start with the downtown area. The workshop adjourned at 7:56 p.m. Respectfully submitted, ~ vCLci- fr7~ C:::Cynthia Muller Executive Assistant 71 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Mayor, CounciImembers and City AdministraV Randy Distad, Parks and Recreation Director TO: FROM: SUBJECT: Adopt Resolution Accept Donation from Rotary Club of Farmington to the Youth Scholarship Program DATE: February 19,2008 INTRODUCTION Previously the City Council approved the Rotary Club of Farmington's proposal to provide annual sponsorship of the Rotary Club of Farmington Parks and Recreation Department Youth Scholarship Program (Youth Scholarship Program) at a not to exceed annual amount of $3,000. DISCUSSION The following comparison shows that the number of scholarships granted in 2007 has grown from what was approved in the first year of the scholarship program in 2003. Year 2003 2004 2005 2006 2007 Number of Scholarships Provided 15 24 28 67 69 Total Cost of All Scholarships $505.00 $671.00 $1,566.00 $2,523.00 $3,437.00 Thanks to the Rotary Club of Farmington's commitment to sponsor the youth scholarship program you can see many youths in the community benefited from this sponsorship in 2007. The Rotary Club of Farmington has provided a check in the amount of $3,000 to cover its sponsorship of the youth scholarship program. The remaining amount of$437 of scholarships not funded by the Rotary Club of Farmington will be covered by two other funding methods. The first method is through a donation made in 2006 by the Farmington Youth Athletic Association and approved by the City Council that provided $150 to the Youth Scholarship Program in 2006 and $150 in 2007. The second method will cover the remaining amount of$287 and will come from the recycling profits that the City shares with Dick's Sanitation, Inc. The City's recycling agreement with Dick's Sanitation, Inc. identifies that the profits from the recycling program will first go towards covering any remaining unfunded youth scholarships and then any money remaining after the youth scholarship funding will go to the Park Improvement Fund. ACTION REQUESTED Adopt the attached resolution accepting the generous donation of$3,000.00 from the Rotary Club of Farmington for the sponsorship of the 2007 Rotary Club of Farmington Parks and Recreation Youth Scholarship Program. ~y~ Randy Distad Parks and Recreation Director RESOLUTION No. ACCEPT $3,000 DONATION TO THE ROTARY CLUB OF FARMINGTON PARKS AND RECREATION YOUTH SCHOLARSHIP PROGRAM FROM THE ROTARY CLUB OF FARMINGTON 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 19th day of February, 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a donation of $3,000 has been given to the Rotary Club of Farmington Parks and Recreation Youth Scholarship Program from the Rotary Club of Farmington; and, WHEREAS, it is required by State statute and it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$3,000 from the Rotary Club of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of February 2008. Mayor Attested to this _ day of February, 2008. City Administrator SEAL City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us 7c.., TO: Mayor, Council members, City Administrator FROM: Missie Kohlbeck, Senior Center coordinator'~ Patti Norman, Recreation Program Supervisor SUBJECT: Adopt Resolution Accept January 2008 Rambling River Center Donations DATE: February 19,2008 INTRODUCTION Several donations were received at the Rambling River Center during January 2008. DISCUSSION The Rambling River Center was fortunate to receive the following donations: $523 from the VFW for the annual Steak Fry $30 from the Marschall family $5 from Maxine Justin in lieu of a steak fry ticket It is in the best interest of the Rambling River Center to accept these donations. Staff will thank the donating parties on behalf of the City of Farmington ACTION REQUESTED Adopt the attached resolution accepting the donations totaling $558. Respectfully Submitted, l: t~\ " . d> -.-....--- '--' \ ~ \\ f".. ..~ "'- c. }J \\ [l:I --',,-- \~t ~\"~,. --"'-~--.J~ '" N'-.;"'~ Missie Kohlbeck Patti Norman Senior Center Coordinator Recreation Supervisor RESOLUTION No. ACCEPTING DONATIONS TO THE RAMBLING RIVER CENTER TOTALING $558 DURING JANUARY 2008 Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of February, 2008 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, the following donations were given to the Rambling River Center during January 2008: $523 from the VFW Steak Fry, $30 from the Marschall Family and a donation of $5 from Maxine Justin in lieu of a steak fry ticket; and, WHEREAS, it is in the best interest ofthe City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donations totaling $558 from the aforementioned donors. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of February 2008. Mayor Attested to the _ day of February 2008. City Administrator SEAL 7d City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.m.n.us TO: Mayor, Councilmembers and City Administratot:r Randy Distad, Parks and Recreation Director FROM: RE: Approve Mowing Agreement with The Toro Company DATE: February 19, 2008 BACKGROUND The Toro Company (Toro) assembles new mowing equipment annually and then conducts performance tests at a variety of sites. DISCUSSION/BUDGET IMPACT Last year was the first year that Toro utilized City parks and right of ways as mowing test sites. Staff members were generally pleased with the work that was performed by Toro on the test sites. Attached is a Test Site Access Agreement (the Agreement) that identifies the parameters upon which Toro will operate in exchange for the City to grant them access to parks and right of ways to mow. The City does not have to pay Toro for this service nor does Toro pay to access the mowing sites. Toro covers all of the costs associated with the mowing of the various sites. Toro also will fix any property damage that they cause in the course of the mowing that they do for the City. As a result of the Agreement being approved, there should be savings on the cost to mow City parks due to the reduced mowing that the City will be doing. REQUESTED ACTION Approve by motion the Test Site Access Agreement with The Toro Company. fully sune The Toro Company 8111 Lyndale Avenue South Bloomington, Minnesota 55420-1196 952-888-8801 Fax 952-887-5909 www.toro.com TEST SITE ACCESS AGREEMENT TEST SITE ACCESS AGREEMENT entered into between: TEST SITE City of Farmington -Parks Business Name 1?11 (),qk ~rr~~r Test Site Address Farmington, MN 55024 City, State, Zip Code And TORO THE TaRO COMPANY 8111 Lyndale Avenue South Bloomington, MN 55420 This agreement ends 4/15/08 11/01/08 DURATION This agreement begins TaRO and TEST SITE agree to the TERMS AND CONDITIONS set forth on the back of this page. TaRO TEST SITE Signature Signature Tom Breiter Name (please Print) Name (Please Print) Manager. Test Title Title Date Date J:\personal\Test Site Access agreement.DOC TERMS AND CONDITIONS 1. TEST SITE hereby agrees to permit TORO to have ingress and egress to the TEST SITE property for the purpose of conducting a product testing program using various TORO products on such property. The maintenance of this property will provide certain benefits to TEST SITE, but no maintenance of any predetermined area or areas nor any minimum amount of maintenance is required, it being understood that TEST SITE remains fully responsible for the ongoing maintenance of such areas including in particular, those remaining areas not maintained by TORO in connection with this testing program. No compensation of any kind will be paid by either party to the other. 2. TORO will conduct its testing program at reasonable times, either during normal business hours or at such other times as the parties may from time to time agree. TORO will notify TEST SITE at least 48 hours in advance of the product testing program being conducted outside of normal business hours. 3. The equipment used in this testing program will at all times be operated by the employees of TORO, or TORO's authorized representatives who have been trained and are competent in the operation of such equipment. 4. TORO shall conduct its activities upon the premises so as not to endanger any person thereon, and shall indemnify, save and hold harmless TEST SITE and its employees and representatives, from any and all claims for loss or injury to person or property caused by the acts or omission of TORO, its employees and its representatives. TORO hereby assumes full responsibility for the character and acts of conduct of all of its employees and representatives. 5. TORO shall be solely liable for worker's compensation risks related to its employees and representatives and shall maintain at its sole expense, appropriate insurance in support of the testing program, including liability insurance for personal injury and property damage. 6. TEST SITE shall have no liability for equipment left on the premises by TORO and unattended by its representatives, it being the responsibility of TORO to assume all security risks related thereto, and to either remove or secure the equipment as TORO deems appropriate or immediately upon demand by TEST SITE. 7. This Agreement may be terminated by either party with sixty (60) days written notice to the other party . 8. TEST SITE and TORO agree to meet on an annual basis in early January to discuss an agreement for the upcoming season's product testing program. 9. TORO'S product testing program supervisor and TEST SITE'S supervisor agree to meet on a daily basis and prior to the product testing program beginning in the morning to discuss TEST SITE'S property to be accessed for the day. 7e.. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato(91 FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Park Planning Services Proposal DATE: February 19,2008 INTRODUCTION The City has completed master plans for sixteen City parks since 2003. The City has utilized the services of Hoisington Koegler Group, Inc. (HKGI) in the development of the master plans for all sixteen parks. DISCUSSION The approved 2008 Park Improvement Fund budget identified the following parks be master planned in 2008: Pine Knoll Park, Lake Julia Park and Rambling River Park. In 2007, a new master planning process for individual parks was implemented. Under the new planning process, it became the responsibility of the Parks and Recreation Department and City Planner Lee Smick to create master plans for neighborhood parks. The City hired HKGI to complete the master plan for the community park in the southwest area of the Fairhill Development. HKGI was also hired to complete the final rendering of the park plans for the two neighborhood parks after the City Council had approved them. Staff are proposing to the use the same process in 2008. This would mean that staff would develop the park master plans for Lake Julia Park and Pine Knoll Park and HKGI would complete the final rendering of these plans after the City Council has approved them. The City would hire HKGI to develop the master plan for Rambling River Park, which is a community park. Staff is proposing that a modification is made to the development of the park master plan for Rambling River Park. This modification would be to hold two public meetings. Last year there was only one public meeting held for the master plan developed for the community park in the Fairhill Development. The reason for holding two public meetings is because staff feels that Rambling River Park is a significant and recognizable park. It currently has many different types of active and passive spaces and due to the complexities of these spaces and the high visibility of the park, it is felt that the public should be given two opportunities to give input on the master plan. Attached in Exhibit A is a proposal from HKGI that identifies the cost of the park planning services that they will be providing. A park master planning schedule will be distributed after City staff and HKGI staff members have met and determined a timeline for the public input planning meetings. BUDGET IMPACT In 2007, HKGI was hired to provide its services at a cost not to exceed $13,950. This year HKGI will provide its services at a not to exceed cost of $16,250. The increase of $2,300 from the previous year is attributed to a 3% inflationary cost increase and the cost to hold a second public meeting for Rambling River Park. The current Park Improvement Fund budget estimated that the cost to develop the park master plan in 2008 was $14,000 but the estimate was based on only holding one public meeting. The $2,300 cost difference will be made up in savings that will come from the boardwalk project. In the 2008 Park Improvement Fund budget staff projected an increase this year for the per- unit price to purchase the materials for the boardwalk but have learned that the per-unit price of materials will not increase in 2008. This will result in the boardwalk for Vermillion Grove Park being constructed at a cost that will be $7,000 less than what was budgeted. This savings in the cost of the boardwalk will more than cover the additional cost of the park planning services. ACTION REQUESTED By motion approve the attached proposal submitted by HKGI for park planning services. 1<:12; 812M Randy Distad, Parks and Recreation Director February 12,2008 Mr. Randy Distad Parks and Recreation Director City of Farmington 325 Oak Street Fannington, MN 55024 Re: Proposal for Park Planning Services - 2008 Dear Mr. Distad: This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement between the City of Farmington, hereinafter referred to as the CITY, and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for professional planning services for the City of Farmington, hereinafter referred to as the PROJECT. Project: Master Planning and public input process for the Rambling River Community Park, and rendering and cost estimate services for the Lake Julia Park and Pine Knoll Park. The CITY and CONSULTANT agree as set forth below: A. WORK PROGRAM - BASIC SERVICES Task 1 - Working Meeting with City Staff The first step in the process of the park planning project will be a meeting with City parks, planning, and maintenance staff to review the project parameters, discuss specific department/staff issues relative to the Rambling River Community Park, identify all existing data, set key meeting dates, and finalize the project schedule. Task 2 - Generate Base Map and Site Analysis graphics for Rambling River Community Park Compile existing GIS and aerial data into a working base map for the Rambling River park site. Tour site, photograph features and adjacencies, and compile into a graphic plan of the park that denotes the relevant site features that will impact future planning ideas and options. Task 3 - Prepare for and Conduct Open Houses for Rambling River Community Park Conduct (2) community open houses to present both the Site Analysis data as well as an initial plan alternative for the park and take input from participants both written and verbal related to the issues and opportunities present in the preliminary design. Key participants are intended to be representatives from key area sports organizations including youth soccer, youth baseball, and adult softball leagues. Task 4 - Modify Plans and develop cost estimate for Rambling River Community Park Based on input from staff and citizens, HKGi will incorporate required changes into the draft park Master Plan for Rambling River Community Park. Additionally, a preliminary cost estimate will be developed for the site that outlines the proposed improvements by line item with related unit quantities and costs to facilitate the budgeting process for upcoming improvements in the park. Task 5 - Seek Approvals for Rambling River Community Park Master Plan The draft park Master Plan will be taken to the Park and Recreation Advisory Board for their review and approval. Following any required plan revisions, the plans will then be taken to the City Council for (I) meeting for the presentation of the process and plans. The Council will be asked for input and adoption. If the adoption is contingent upon plan changes, the plans will be again revised and forward in print and electronic versions to City staff. Upon completion and payment for any document, plan or other work product, in whatever form created, modified or maintained, ownership of such document, plan or work product shall vest in the City. Task 6 - Develop draft Master Plan renderings Based on sketches provided by City staff, HKGi will develop a draft master plan rendering for both Lake Julia Park and Pine Knoll Park. The renderings will follow the format and graphic style of park master plan drawings produced in prior years. Task 7 - Develop draft cost estimates HKGi will develop preliminary cost estimates for proposed improvements within each of the park master plans. Estimates will be in an excel spreadsheet format, and follow the layout and level of detail of estimates produced for Farmington in prior years. Task 8 - Submit to Staff for review and comment Submit the draft renderings and cost estimates for each of the (2) park sites to City staff for review and comment. Task 9 - Finalize the Park renderings and related Cost Estimates Integrate comments from City staff into the master plan renderings and cost estimates. Print final full size plan graphics and distribute to City staff. B. WORK PRODUCT All plans and documents created or modified by Consultant pursuant to this Agreement shall be the property of the City, and shall be provided in electronic and printed fonnat to the City upon termination or completion ofthis Agreement in a format specified by the City. C. SCOPE OF ADDITIONAL SERVICES The following services have not been requested by the CITY but are available, upon authorization, from the CONSULTANT. I. Meetings in addition to those specified in Basic Services. 2. Additional services not specified herein. D. FEES FOR PROFESSIONAL SERVICES The CITY agrees to pay the CONSULTANT for services rendered as follows: Park Master Planning Services City of Farmington Page 2 1. For the CONSULTANT'S Basic Services described in Paragraph A above, a fee based on the CONSUL T ANT'S current hourly rate schedule (see Attachment A) not to exceed Fifteen Thousand One Hundred Fifty Dollars ($15,150.00) plus reimbursable expenses of printing and mileage not to exceed $1, I 00. This fee is to accomplish Year 5 of the 5 year planning window and is for the work to be performed during 2008. The following is a breakdown of fees: Rambling River Community Park Renderings and Estimates for (2) parks Subtotal Expenses Total $12,250.00 $2,900.00 $15,150.00 $1.100.00 $16,250.00 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based on the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Statements will be submitted to the City on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSULTANT reserves the right to suspend services if the CITY IS delinquent III making payments in accordance with this Agreement. E. CITY'S RESPONSffiILITY The CITY shall be responsible for providing the CONSLUL T ANT with the following: 1. The assembly of background information including, but not limited to: A. Relevant existing digital base map data 2. Mailing lists, printing, postage and the mailing of invitations for public meetings. 3. Arrangements for public meetings and stakeholder meetings. F. STAFF COMMITMENT Primary HKGi personnel to be assigned to the PROJECT include the following: · Paul Paige will serve as principal-in-charge and project manager of the PROJECT and will actively participate throughout the planning process. In addition to his technical participation in the project, he will also have responsibility for overall PROJECT coordination and scheduling. · Lil Leatham will serve as a project landscape architect. As such, she will be responsible for day-to-day contact with Farmington staff and will participate in the technical aspects of the planning. · Amy Bower will serve as a project landscape architect. She will provide technical and graphic assistance in the completion of the PROJECT. G. COMPLETION SCHEDULE The services of the CONSULTANT shall begin upon execution of this agreement and, absent of causes beyond the control of the CONSULTANT, will be completed by December 31,2008. Park Master Planning Services City of Farmington Page 3 H. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. I. EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. J. TERM. TERMINATION. SUCCESSORS AND/OR ASSIGNS I. The Term of this Agreement shall be concurrent with the work authorized and shall be III accordance with the schedule to be established between the CITY and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CITY nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control ofthe CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. K. DISPUTES In the event the CITY and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). L. REVOCATION Park Master Planning Services City of Farmington Page 4 If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. M. DATA PRACTICES Data generated throughout this planning process shall be deemed public and accessible to the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data is not public, in accordance with the Minnesota Government Data Practices Act of2004. N. INSURANCE CONSULTANT shall maintain insurance as follows at all times during the term ofthis Agreement: Statutory workers compensation and employers' liability insurance coverage. Comprehensive general liability insurance coverage and automobile liability insurance coverage in the sum of not less than $1,200,000 per policy. O. AUTHORIZATION IN WITNESS WHEREOF, The CITY OF FARMINGTON and the CONSULTANT have made and executed this Agreement for Professional Services, This day of ,2008. CITY OF FARMINGTON Name Title Attest: Name Title HOISINGTON KOEGLER GROUP INC. R. Mark Koegler, President Paul Paige, Vice President Park Master Planning Services City of Farmington Page 5 ATTACHMENT A HOISINGTON KOEGLER GROUP INC. 2008 HOURLY RATES Senior Principal.............................................................$145-170/hr Principal......................................................................... $120-145/hr Senior Professional....................................................... $1 20-1 60/hr Professional II.................................................................. $90-120/hr Professional I........................................................... ......... $60-90/hr Technical..... ...................................................................... $40-60/hr Secretarial...... ........................................... ................ .............. $55/hr Testimony ............................................................................. $195/hr Strategic Finance Advisory .................................................. $195/hr Incidental Expenses: Mileage ....................................................... current federal rate/mile Photocopying BW ..............................................................15~/page Photocopying Color .........................................................$I.OO/page Outside Printing.... ..................................................... .....Actual Cost Diazo Printing....... .................................................... ..... .Actual Cost B/W Bond Plots............................................................... $5.00 each Color Bond Plots ........................................................... $20.00 each Photo Paper Color Plots................................................. $40.00 each Park Master Planning Services City of Farmington Page 6 7f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Brian A. Lindquist, Police Chief SUBJECT: School and Conference DATE: February 19,2008 INTRODUCTION The Farmington Police Department has appointed Sergeant Rutherford and Officers Scovill, Hendrickson, and Siem to the Dakota County Mutual Aid Assistance Group. It is necessary to provide training associated with this appointment. DISCUSSION Participation in the Dakota County MAAG Team requires special training and a high level of proficiency to achieve the desired goals of the team. The Special Operations Training Association of the Upper Midwest provides an opportunity for officers to receive that training. The training will be held March 9-11 in St. Cloud, Minnesota. Officers from the Farmington Police Department have attended this conference in the past and consider it an excellent source of training. The Police Department will be sending Sergeant Rutherford and Officers Scovill, Hendrickson, and Siem to the Conference. BUDGET IMPACT The cost ofthis conference is included in the 2008 budget for the Patrol Division. ACTION REQUESTED Information only. llY/~~ rian A. Lindquist Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?J TO: Mayor, Councilmembers and City Administrato~ Brian A. Lindquist, Police Chief FROM: SUBJECT: School and Conference DATE: February 19, 2008 INTRODUCTION / DISCUSSION On May 14, 1983, on the eve of the second annual National Peace Officers' Memorial Service, ten young widows gathered around a table and talked about the tragedies that had fallen on their families that year and truly shattered their lives. Each and every widow had suffered the loss of their law enforcement spouse in the line of duty. That was the birth of the concept of Concerns of Police Survivors, Inc., which was officially organized on May 14, 1984. COPS has expanded its area of concern beyond the survivor issues. Experience has taught that law enforcement agencies must be trained to handle surviving families when line-of-duty death occurs since the majority of agencies lose an officer once every 20-30 years. COPS has developed a national training program for law enforcement agencies and officers on dealing with grief, developing general orders on officer death, promoting Peer Support Critical Incident Debriefing Teams. With a reduced operational budget, COPS is offering "The Traumas of Law Enforcement" training program free to officers in a few select locations this year. Sergeant Murphy and Officer Scovill will attend this training in East Syracuse, New York, on March 5-7, 2008. I have attached a copy of the agenda for the three day training seminar. BUDGET IMPACT The costs of this seminar are flight and hotel totaling $1256. These costs are included in the 2008 budget. ACTION REQUESTED Information only. Resp~ly SUbm:tt~~ . ~4'~.. Brian A. Lindquist . Chief of Police . <'.!,.~ 'I, .. , , "., ....i~...... :,~ &. ,..' '"lI!liiiooi ..~.I~ '.' .~ ;? ;i," i I I ~i ~~ ,~ ~f: I ::~ ;..:) iJ :; SLU,90rl 'J"^UIS f 'nN l!lwOJd OIVd .J.ldOll.1 NON ,J.IVlI)l'lf1R p~~:) ."~'S ,'1I,\,qll!lIqln9~...66~f ~Q\I:;t)'J ~I!'d.:()';>) )~UI's.lQ.\~\,Il,saJJII)d JO. S~,'0.).PO:) ~~tt.~t~~.Q~: :l~!~!It'IJlaW!"pJlI .\II(.!!I.~!q.l City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7h TO: Mayor, Council and City Administrator~) Tim Pietsch, Fire Chief FROM: SUBJECT: Schools and Conference DATE: February 19,2008 INTRODUCTION Minnesota State Fire I EMS I School at Mankato MN on March 1 and 2, 2008. DISCUSSION Two members of the Fire Department have signed up to attend classes at this regional conference. Jason Greiner and Jeff Allbee have signed up for FF II review and testing. All courses run 12 hours. BUDGET IMPACT The 2008 budget provides adequate funding for this request. 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Fax 651.463.2591 www.ci.farmington.mn.us FROM: Lisa Shadick, Administrative Services Director TO: Mayor, Councilmembers, City Administra SUBJECT: Audio Visual Professional Services DATE: February 19, 2008 INTRODUCTION The City has received quotes for professional services from qualified firms to provide design review and write bid specifications as required for multi-media presentations and cable telecasting in the Council Chambers at the New City Hall. DISCUSSION Staff has requested quotes from four qualified firms for professional services to design and write bid specifications including uninstalling and installation of new and existing audio/visual equipment in the New City Hall Council Chambers. The quotations received are attached and are as follows: Alpha Video A VI Systems $13,500.00 $16,200.00 BUDGET IMPACT The cost for writing the bid specifications is included in the Council Chambers Technology portion of the City Hall budget. ACTION REQUIRED Retain the professional services of Alpha Video to design and write bid specifications for audio and visual presentation equipment in the Council Chambers of the New City Hall and, subsequently, go out for bid on the project. Respectfully submitted, &0' , .11 j/ ..-/' ~ ~~"--- /1 ' ~A a ?21.-L./c,<__ Lisa Shadick Administrative Services Director LPI-IAVIDEO Quotation c', Quote # MAQ2186 We are an equal opportunity employer 7711 Computer Ave, Edina MN 55435 Phone: 952-896-9898 - Fax 952-896-9899 - Visit us at www,alphavideo,com Lisa Shadick City of Farmington 325 Oak Street Farmington, MN 55024 U.S.A. Phone: Fax: Terms: Ship via: (651 )463-1802 ,.c/,Sa1e$Repi'iSentatiV'e; Bryan Nelson Broadcast Systems Group 952-841-3304 bryan@alphavideo.com NET 30 Best Way 10 # Item Ext. Price Spec Meetings These meetings would include time to meet with the customer and the architect, both before and after design, in order to determine system design, appropriate equipment and other installation details. Price based on 30 hours labor. $3,750.00 $3,750,00 2 Design Time Design time would entail all necessary labor to create the system design and create an AutoCAD sheet set with all equipment, interconnection diagrams, layouts and instructions to installers. Price based on 30 hours labor. $3,750,00 $3.750.00 3 Specification Writing This section would include all time to create the written specification to be included in the bid package. Price based on 16 hours labor. $2,000.00 $2,000.00 4 Post Award Follow-Up This section would include all time to verify the work of the awarded bidder. This would include verification of required pre-installation submittals and equipment lists, installation site inspections and final system walkthrough. Price based on 32 hours labor. $4,000.00 $4,000.00 Sub Total Sales Tax Shipping Total $13,500.00 $0.00 $0.00 $13,500.00 Accepted by: Date: po: All information contained within this quote is valid for the next 30 days. Thereafter, all prices and applicable charges are subject to change. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. 02106/08 CONFIDENTIAL Page 1 of 1 AVI Systems · AVI Midwest. Televldeo San Diego AVI Systems 9675 West 76th Street, Suite 200 Eden Prairie, MN 55344 Systems Engineering Agreement (SEA) I Quote Number 05-065-000079 Customer I Bill To: Project I Location: Office Infonnation: Apple ValleylFarmingtonlRosemount C1V Apple Valley/FarmingtonlRosemount C1V 7100W. 147th St 7100 W. 147th St Job # Apole Valley, MN 55124 Apple Vallev, MN 55124 Sales Rep: Patrick Hart Enalneering Man: Tenns Accepted Bv: Customer # 4335 Attn: Mark Moore ProJect Accepted By: Date: 2/1412008 Phone: 952-953-2502 Est Start Date: Customer PO: Fax: Est Completion Date: I Notes: 1.0 Soecific Proiect Scooe - AVi Systems will work with the Architect and the team from the City of Farmington to design the AV requirements for 'TV production system in the Council Chambers at City Hall, Upon completion of the services provided below A Vi Systems will provide to the City of Farmington the necessary documentation to included with the general terms/conditions from the city to create a "Bid Specification" that can be submitted to local AV systems integrators. We will work with the city and their architect to provide the necessary documentation to include with their general Bid Specifications information to solicit bids from local AV venders. AVi Systems will only provide services necessary for soliciting bids we will not be involved in the bid review process or any activity following submission of the bid. 2.0 Statement of Services To Be Provided - The services to be provided by AVI Systems under this Agreement are per the Attachment "A" - Statement of Services. 3.0 Proiect Fees - AVI Systems will provide the technical services under this Agreement on a Time and Materials basis. Based on the stated "Specific Project Scope" and "Statement of Services To Be Provided" the following estimate of engineering time is provided to complete the engineering processes. TOTAL= $16,200.00 4.0 Taxes - A VI Systems will add any applicable taxes to the amount of each invoice. 5.0 Invoicing for Engineering Services - Progress invoices will be submitted for the portion of the technical services and reimbursable expenses expended on the project on a monthly basis. Each progress billing will be due net 15 days from invoice. A finance charge computed at the rate of 1.5% per month will be charged on any balance not received within 30 days. 6.0 Remit To Address - All payments should be mailed to: Created 2/1412008 8:30 AM Page 1 of 5 www.audiovisualinc.com Audiovisual, Inc dba AVI Systems NW 8393 PO BOX 1450 Minneapolis, MN 55485-8393 7.0 Kev Proiect Personnel Sales Engineer: Pat Hart Design I Managing Engineer. TBD 8.0 Chanaes In The Scope of Work - Costs resulting from changes in the scope of this project, additional requirements or restrictions placed on AVI Systems by the Customer or its representatives will be added to or subtracted from the contract depending upon the changes being made. When A VI Systems becomes aware of the nature and impact of the change, a Contract Change Order will be submitted for review and approval before work continues. 9.0 Insurance - Commercial general liability insurance, including contractual liability, at limits of not less than $1,000,000 per occurrence, automobile liability insurance, at limits of not less than $1,000,000 per occurrence, errors and omissions insurance at limits of $1,000,000, and worker's compensation and employer's liability insurance covering all employees engaged in the performance of this order for claims arising under any applicable worker's compensation and occupational disease acts. 10.0 Compliance With Law - AVI Systems agrees and warrants that AVI Systems shall comply with all requirements of applicable laws, regulations and standards including but not limited to the provisions of (a) Executive Order 11246, as amended, of the President of the United States and the Rules and Regulations pursuant thereto pertaining to Equal Employment Opportunity; (b) the Fair Labor Standards Act of 1938 of the United States, as amended, with respect to Wages and Hours; (c) the Occupational Safety and Health Act of 1970 (OSHA), as amended; (d) the Immigration Reform and Control Act of 1986 (IRCA). 11.0 Ownership and Use of Documents. and Electronic Data - Drawings, specifications, other documents, and electronic data furnished by A VI Systems for the associated project under this Agreement are instruments of the services provided. A VI Systems shall retain all common law, statutory and other reserved rights, including any copyright in these instruments, These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings, specifications, other documents, and electronic data furnished by A VI Systems for information and reference in connection with the associated project. 12.0 Proprietary Protection of Proarams - This Agreement does not cause any transfer of title, or intellectual rights, in Control Systems Programs, or any materials produced in connection therewith, including Source Codes. The Programs are provided, and are authorized for installation, execution, and use only in machine-readable object code form. This Agreement is expressly limited to the use of the Control Systems Programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not seek to reverse-engineer any Program to obtain Source Codes, and that it will not disclose the Programs to any third party, without the consent of A VI Systems. The Control Systems Programs, and Source Codes, together with A VI Systems' know-how and installation and configuration techniques, fumished hereunder are proprietary to AVI Systems, and were developed at private expense. If Customer is a branch of the United States govemment, for purposes of this Agreement any software furnished by A VI Systems hereunder shall be deemed "restricted computer software", and any data, including installation and systems configuration information, shall be deemed "limited rights data", as those terms are defined in FAR 52,227-14 of the Code of Federal regulations. 13.0 General Business Terms - This Agreement is not assignable without the prior written consent of AVI Systems. Any attempt to assign any of the rights, duties, or obligations of this Agreement without such consent is void. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of A VI Systems, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. The term 'this Agreemenf' as used herein includes any applicable installment payment agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Unless otherwise agreed to in writing by Customer and AVI Systems, if any printed term or condition contained in any purchase order or other form used by Customer to order products Created 2/14/2008 8:30 AM Page 2 of 5 www.audiovisualinc.com or services pursuant to this Agreement, or in any acknowledgment or other form used by Customer is inconsistent with any term or condition contained herein, the provisions hereof shall apply and take precedence. A VI Systems is not responsible for failure to fulfill its obligations under this Agreement due to causes beyond its control or, except as agreed herein, to provide any services hereunder for Equipment located outside the United States or Puerto Rico. The laws of the State of Minnesota will govern this Agreement. 13.1 Remedies - Upon default as provided herein, AVI Systems shall have all the rights and remedies of a secured party under the Uniform Commercial Code and under any other applicable laws, Any requirements of reasonable notice by either party to the other guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid, to the address of the parties shown on the first page of this Agreement (or to such other mailing address as either party in writing later fumishes to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice, Customer agrees to pay all expenses of retaking, holding, preparing for sale, selling and attomeys' fees and legal expenses as may be allowed by law and incurred by A VI Systems, in enforcing its rights under this Agreement. The rights and remedies herein conferred upon A VI Systems, shall be cumulative and not altemative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws. 13.2 Limitation of Remedies - AVI Systems entire liability and the Customer's exclusive remedy shall be as follows: In all situations involving performance or nonperformance of Equipment or Services fumished under this Agreement, the Customer's remedy is the adjustment or repair of the Equipment or replacement of its parts by AVI Systems, or, at AVI Systems option, replacement of the Equipment. In no event will AVI Systems be liable for any damages caused by the Customer's failure to perform the Customer's responsibilities, or for any lost profits or other consequential damages, even if A VI Systems has been advised of the possibility of such damages, or for any claim against the Customer by any other party, or for any damages caused by performance or non-performance of Equipment located outside the United States or Puerto Rico. 14.0 Acceptance of AQreement - This agreement includes services that are required to satisfy the project scope of Section 2,0 Specific Project Scope. A VI Systems will begin work on this project upon receipt of a copy of this agreement duly signed and executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this agreement. In Witness whereof, the parties hereto by their duly authorized representatives have executed this Agreement upon the date first set forth herein, AGREED AND ACCEPTED BY: SUBMITTED BY: Apple Valley/FarmingtonlRosemount CN A VI Systems Signature: Signature: Printed: Printed: Patrick Hart Date: Date: Created 2/1412008 8:30 AM Page 3 of 5 vvww,audiovisualinc,com Statement of Services Attachment ''N' 1.0 Statement of Services To Be Provided AVI Systems will work with Apple Valley/Farmington/Rosemount CTV and any related design professionals selected (architects, engineers, etc,) to provide initial and ongoing audiovisual systems design and engineering support for TV Production System for City of Farmington, A VI Systems strongly encourages the fostering of a truly open, cooperative "design team" approach with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows: . Understand clearly the current and future AV needs of Apple Valley/Farmington/Rosemount CTV. . Provide accurate construction documents for implementation of the A V related infrastructure, . Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment. . Compile the data gathered during the engineering process into a Systems Implementation Agreement - for a turnkey installation of all A V systems, with the added value of a seamless integration process. 2.0 Desian Processes and Services The Design Process can be modified at any time per the direction of Apple Valley/Farmington/Rosemount CTV. Otherwise it shall follow this general outline: Following is a list of the services that will be provided and the deliverables that will be created. 1) AUDIONIDEO PROGRAM REVIEW /VERFICATION (30 hrs) AVi Systems will review all pertinent data gathered from meetings with the Architect and the City of Farmington staff will apply this data to the CAD drawings (provided by the Architect) to verify consistency of design and look for any areas to add value to the project. We will provide a visual representation of the AudienCe and Council members displays, the Presenters station, video and audio system and control room and will present this in the Preliminary design. 2) BUDGET VERIFICATION (20 Hrs.) AVi Systems will generate estimates for the various systems as outlined above and compare the budget estimates to cities budget. This process will help to reaffirm the exact direction that Engineering resources should target in the next phase. 3) INITIAL DESIGN (Non CAD Drawings) (30 hrs,) During this phase, A Vi will begin applying the above defined systems in detail to the various room systems. We will work with the other trades (Electrical, Construction, IT, etc...) to verify that the necessary infrastructure is in place and that the budgets for this work is provided to the city, Typical deliverables from this phase include the following drawings for all the various rooms: Preliminary Floor Plan and Elevations, detailing locations of all Audio & Video devices Preliminary Technical Power and Conduit Plans and Riser Drawings Preliminary (DigitaVAnalog) Video Flow Preliminary Analog Audio Flow Preliminary Control Flow Submittal of the above for the various rooms will be a progressive process, with most critical drawings being submitted first, etc, Created 2/14/2008 8:30 AM Page 4 of 5 www.audiovisualinc.com During this process, one can expect various modifications to the preliminary plans due to various changes - some driven by architectural/aesthetic considerations, budget reviews, etc. Electronic exchange of AutoCad drawings between AVi Systems and architect will facilitate quick exchange of updates. All changes are reviewed and approved by all parties. 4) FINAL DESIGN (40 Hrs,) The changes made in the previous phase to the preliminary designs are now updated and re-generated as "Final" Construction Documents, Final Technical Power and Conduit Plans and Riser Drawings Final (Digital/Analog) Video Flow (CAD & pdt) Final Analog Audio Flow (CAD & pdt) Final Control Flow (CAD & pdt) Final Equipment Rack Layout (CAD & pdt) Final Equipment List (Excel) Scope of Work (Word) Estimated Timeline for Work Completion (Word) The Final Equipment list will include quantities, model numbers, description and MSRP and estimated bid pricing, We will include all of the Final documentation in both electronic and hard copy formats. Created 2/14/20088:30 AM Page 5 of 5 www.audiovisualinc.com ~a.... City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor and councilmembers@ Peter J. Herlofsky, Jr. City Administrator TO: SUBJECT: Amend Economic Development Authority Membership DATE: February 19, 2008 INTRODUCTION I DISCUSSION At the January 22, 2008 Council meeting, Council agreed to change the membership of the Economic Development Authority to five Councilmembers. The City Attorney has prepared a draft ordinance and enabling resolution to facilitate this process. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached ordinance and enabling resolution changing the membership ofthe Economic Development Authority to five Councilmembers. ~~3F-ectfuU)c)bmitted, I /' ""..-........".., J :\-~.~,~~.. \y:~; '-........._ Iv ........ .... ~- r Peter J. H~fsky, Jr. City Administrator /';1 /-/ if/1 CMuller/Herlofsky/Council Memos/EDA CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance amending the membership of the Economic Development Authority THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 2, Chapter 8, Section 3 - Housing and Redevelopment Authority - shall be amended by adding (underlined) and deleting (stFaek) as follows: 2-8-3: CRITERI"A,. LID OPTED GOVERNANCE PROVISIONS: The following eritoria provisions regarding governance of the authority are hereby adopted: (A) Members; Officers: The authority shall consist of five (5) Councilmembers who shall choose from among themselves a chair, vice chair and a soerotary other officers as required by law. (B) Designated Seats: Two (2) Five (5) seats shall be held by sitting members of the city council. (C) Qualifications: Members shall be citizens of the United States and residents of the city. (D) Terms Of Office: The initia-l appoifltmonts ofthe members will bo for one (1), two (2), three (3), fol:lf (4) and fi'lo (5) YOlif'S respoetiyely, afld two mOHlbors will be appointed for six (6) year torms. The term of the Council members shall be concurrent with the Councilmembers' City Council terms and shall expire at the same time as the members' Council term of office. (E) Compensation: The authority shall establish the compensation to be paid members and the reimbursement for personal expenses within the limits prescribed in MSA 469.011. (F) Oath Of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. (Ord. 099-438, 10-18-1999) SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official publication ofthe City and shall be in effect on and after the day following such publication. CITY OF FARMINGTON Kevan A. Soderberg, Mayor Attest: SEAL Approved as to form the _ day of Peter J. Herlofsky, Jr., City Administrator , 2008. City Attorney Published in the Farmington Independent the _ day of , 2008. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AMENDING THE RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF FARMINGTON, MINNESOTA BE IT RESOLVED by the City Council of the City of Farmington, Minnesota: That RESOLUTION NO. 104-05, enabling the creation of an economic development authority in the City of Farmington and in particular Section 2.03, regarding membership of the economic development authority, shall be amended by adding (underlined) and deleting (stR:lek) as follows: 2.03 The EDA consists of a governing body of five (5) Councilmembers. Members shall be citizens of the United States and residents of the City. +we Five seats shall be held by sitting members of the City Council. The term of the Council member shall be concurrent with the Council member's City Council term and shall expire at the same time as the member's Council term of office. PASSED AND DULY ADOPTED by the City Council of the City of Farmington this day of , 2008. Kevan A. Soderberg, Mayor Attested to the day of 2008. Peter J. Herlofsky, Jr. City Administrator SEAL /Dc::L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Counci1member/~/ City Administrator ~ FROM: Brian A. Lindquist, Police Chief SUBJECT: 2008 Budget Adjustment Request, Commercial Vehicle Enforcement DATE: February 19, 2008 INTRODUCTION Over the past several years, The City of Farmington as participated in and invested in improving numerous traffic corridors. In the interest of public safety, proper road maintenance and traffic enforcement are two key components. Commercial vehicle enforcement is a major component of that goal. In 2007 the Farmington Police Department was able to dedicate an officer to receive the proper training and focus on enforcement measures to ensure commercial vehicle compliance. DISCUSSION Officer Amundson has taken the Commercial Vehicle Inspector training offered through the Minnesota State Patrol (MSP). The MSP, due to staffing issues, has suggested that local law enforcement agencies take on more responsibility enforcing commercial vehicle laws. To help ensure compliance, Officer Amundson will be making contact with local commercial carriers and addressing any questions or concerns they might have. BUDGET IMPACT Using comparison data from other local law enforcement agencies, potential fines and revenues from commercial vehicles enforcement would total approximately $24,000 annually. This would result in a neutral budget impact. The department will track this data monthly for comparison. ACTION REQUESTED In order to properly enforce commercial vehicle laws and codes, special equipment would be required. A budget adjustment of$23,811 is requested to purchase four Portable Static WL 101 Scales and upgrade the purchase of a Crown Victoria squad car to a Chevrolet Tahoe. R~~ . A 'd'~ Bnan . Lm qUlSt Chief of Police Farmington Police Department Commercial Vehicle Enforcement Budget Adjustment Request 1.0 Executive Summary One of the most damaging and eroding acts to Minnesota roads is overweight commercial vehicles. With the countless miles of roadways currently traveled by commercial vehicles, it is impossible for State Patrol Inspectors to enforce commercial traffic laws outside of several well traveled metro corridors. Based on this knowledge, the Minnesota State Patrol Commercial Vehicles Division incorporated a Commercial Vehicle Inspector program to train law enforcement officers from communities around the state in an attempt to help maintain public safety in those areas. In 2007, the Farmington Police Department closely examined commercial vehicle travel in the City of Farmington and determined that commercial vehicle code enforcement was necessary for two basic reasons. 1) To help ensure public safety by enforcing all laws applicable vehicles operating on public roadways. 2) To help maintain the current structure of roadways within the city. Based on this analysis, the Farmington Police Department has dedicated a member of the patrol division to become trained as a Commercial Vehicle Inspector and enforce those laws in the City of Farmington. Officer Jason Amundson has successfully completed the training required by the State of Minnesota and currently is recognized as a Commercial Vehicle Inspector. A special traffic detail shift has been developed to allow Officer Amundson the opportunity to inspect and enforce commercial vehicle laws. 2.0 Resources Required Scales: A major component of commercial vehicle inspection is weight regulations and enforcement. In order to properly perform this function it will be necessary to amend the 2008 budget to allow for the purchase of four "Portable Static WL 101" scales at a cost of $15,900. These scales were selected for several reasons. The Minnesota State Patrol currently uses these scales and has done so for several years without any mechanical issues. Officer Amundson was trained using these scales and is familiar with their operation. The scales fit all the requirements determined to be relevant for departmental needs. Several other local agencies endorse these scales as reliable and effective. Vehicle: In addition to the scales, it would be necessary for the department to purchase a vehicle that would contain all the equipment necessary to perform these tasks. The 2008 budget currently is approved for the purchase of three 2008 Crown Victoria squad cars at a cost of approx $26,000 per vehicle. It is suggested that budget be adjusted to reflect a purchase of (2) Crown Victoria squad cars and (l) 2008 Chevrolet Tahoe police package. Historically equipment is transferred from an outgoing squad car to the new one. Several items such as the push bumper, interior cage and computer mounts will not retrofit in the suggested 2008 Tahoe. The following spread sheet shows a necessary budget adjustment of $ 7 ,911. Ford Tahoe Base Price 23,155 29,471 Black & White 580 705 Decals 795 921 Push Bumper 284 350 Rear partitions 450 Front lights 900 Arrow stick 1,000 Truck vault 1,300 Total 24,814 35,097 Budget 26,000 26,000 Difference 1,186 (9,097) Net change (7,911) There are several other benefits from amending the purchase to include a four wheel drive utility vehicle. The police department currently has only one four wheel drive vehicle. In the past we have been able to use four wheel drive fire vehicles. Though these vehicles allow us to travel on snow impacted roads, they are not equipped to operate as police vehicles and limit there usability in a law enforcement mode. The current department 4 x 4 was seized from an intoxicated driver several years ago and has more than fulfilled its life expectancy. In the very near future it will require major work. The condition of this vehicle does not indicate this as a wise expenditure of city funds. If allowed, the new vehicle will fill several roles in addition to being assigned to commercial vehicle enforcement. The department currently has four officers assigned to the Dakota MAAG Team. They are responsible for monthly training as well as one annual training trip to Camp Ripley, Minnesota or Fort Dodge, Iowa. The MAAG Team members would utilize this vehicle for transportation to those training events. 3.0 Goals and Objectives Based on current traffic trends and information gathered from neighboring agencies, there are several benefits associated with a stronger presence in commercial vehicle enforcement. Commercial and industrial needs continue to expand outward into more rural areas placing a high strain on those resources necessary to support such activity. Several major reconstructions to include but not limited to Ash Street, Elm Street, Pilot Knob Road and Flagstaff Avenue has taken place in the recent past at a significant cost to local government agencies. Proper maintenance through commercial vehicle enforcement will help ensure these traffic arteries remain a viable route for all motor vehicle travel. U sing current traffic trends and observations of commercial traffic in Farmington and information gathered from the City of Burnsville, I estimate potential fine revenues from traffic citations in commercial vehicle enforcement to be approximately $24,000.00 annually. The estimated revenues versus the projected budget adjustment of $23,811 result in a neutral budget impact for the 2008 budget. The ultimate goal of law enforcement is the safe travel of all vehicles on Minnesota roads. It is anticipated that revenues generated through commercial vehicle enforcement would be used to support enforcement measures to ensure public safety. 4.0 Summary As the City of Farmington continues to grow, the needs of the community grow as well. The recent development surge in housing and population dictate through calls for service the needs of the community addressed by the police department. The Farmington Police Department has made a commitment by dedicating an officer to focus efforts on ensuring safe commercial vehicle travel within the City. Although this is a new area of enforcement for the department, it is one that we were aware of and planned to address when the appropriate resources were available. /06 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato<? Randy Distad, Parks and Recreation Director FROM: RE: Approve Agreement with the Southwest Area YMCA of the YMCA of Greater St. Paul DATE: February 19, 2008 BACKGROUND City staff members and the City Attorney have been working with the Southwest Area YMCA of the YMCA of Greater St. Paul (the YMCA) staff members to create a Schmitz-Maki Arena Use Agreement (Agreement) that would allow the YMCA to rent the City's Schmitz-Maki Arena (the Arena) from June 23,2008 through August 15,2008 to run two of its summer programs out of the Arena. DISCUSSION The YMCA met with City staff in January 2008 to discuss their interest in offering programs to Farmington residents. After the meeting YMCA staff members were provided a tour of Farmington and were shown a few facilities that they could potentially rent to run their summer programs out of. One of the facilities shown to them was the Arena. A few days following the tour, the YMCA contacted the City about its interest in renting the Arena and asked that an Agreement be drafted. The Agreement that is contained in your packet has been reviewed by the City Attorney and has been found to be acceptable. The YMCA has agreed to the terms and conditions set forth in the Agreement. BUDGET IMP ACT The City will receive rental income from the YMCA in exchange for the Arena's use. In addition to paying a rental fee, a fee will also be paid by the YMCA to cover the cost of seasonal staff time that is needed to cover the arena when full-time staff members are not on duty. REQUESTED ACTION Approve by motion the Agreement with the YMCA. /OCilllllY rEEp , f.n~d Parks and Recreation Director I,' SCHMITZ MAKI ARENA USE AGREEMENT r--- r.--j THIS AGREEMENT is made this --11- day of _~.e'V~ ,2008, by and between Southwest Area YMCA of the YMCA of Greater Saint Paul (the YMOOa Minnesota non-profit corporation, and the City of Farmington, a Minnesota municipal corporation (the "City") (collectively referred to as the "Parties"). WHEREAS, the City's Schmitz-Maki Arena is available for rental during the summer; and, WHEREAS, the YMCA is interested in renting the Schmitz-Maki Arena during the summer months for a Summer Power Program and a Summer Sports Program (the Programs) beginning on June 23,2008 and ending on August 15,2008; and, WHEREAS, the dates that the YMCA is requesting for the Programs do not conflict with any other rentals at the Schmitz-Maki Arena; and, WHEREAS, the YMCA shall handle all registrations and provide supervision of the children involved in the Programs at the Schmitz-Maki Arena; and, WHEREAS, the YMCA shall provide the proper insurance coverage and its own equipment and supplies in order to operate the Programs at the Schmitz-Moo Arena; and, WHEREAS, it is in the best interest of the City to generate additional revenue for the Schmitz-Maki Arena. NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby agree as follows: SECTION 1. TERMS OF AGREEMENT. I. Except as otherwise specifically provided herein, the YMCA shall be allowed to use the Schmitz-Maki Arena for the Programs. 2. This Agreement shall start on June 23, 2008 and shall end on 12:00 midnight on August 15,2008. 3. The following dates are not be available for the YMCA to rent the Schmitz-Maki Arena: . Friday, July 4, 2008 holiday . Tuesday, June 17; Thursday, June 19; and Friday, June 20,2008 due to the Rambling River Days celebration. 4. The terms of this Agreement do not bind the City and the YMCA to the rental of any other City-owned parks and/or facilities. Page 1 of5 t;. 5. The Programs shall occur Monday through Friday and will begin at 6:30 a.m. and end at 6:00 p.m. 6. The Programs at the Schmitz-Maki Arena shall be supervised by the YMCA during the dates and times identified previously in this Section under items #2 and #4. 7. The YMCA agrees to pay the City $2,829.00 ($6.00 hr xl1.5 hrs x 41 days) for use of the Schmitz-Maki Arena during the Programs. Full payment of the rental fee shall occur on or before August 1,2008. 8. The YMCA agrees to pay the City $2,066.00 for staff costs related to when no full-time staff members are on duty. The cost of additional stafftime is based on a rate of$12.00 an hour plus benefits. 9. Any equipment or supplies that the YMCA uses during the Program may be stored at the Schmitz-Maki Arena during the Program but must be removed on the last day ofthe Program, which has been identified as August 15,2008. If this Agreement is ever terminated prior to the end date of this Agreement, the YMCA shall remove its equipment and supplies within 48 hours of the date that this Agreement was terminated. If the YMCA fails to remove its equipment and supplies from City property within seven calendar days, the City reserves the right to relocate the equipment to other City property. 10. Both Parties agree that the YMCA shall have access at the Schmitz-Maki Arena to restrooms, electricity and lighting, which shall be included in the rental fee. II. The City reserves the right to perform maintenance tasks that may affect the use of certain parts of the Schmitz-Maki Arena by the YMCA for its Programs. In situations where maintenance tasks need to be performed, a one week notice shall be provided to the YMCA informing them of the maintenance task needing to be performed and the area(s) that shall not be available to the YMCA. 12. A meeting shall occur with both Parties at the conclusion of the Programs in order to review the rental of the Schmitz-Maki Arena and this Agreement. 13. Rental fees for any other City owned indoor and/or outdoor facilities the YMCA wishes to use during the Programs shall be charged according to the City's Fees and Charges Ordinance. SECTION 2. YMCA OBLIGATIONS. I. Ensure that all equipment and supplies used during the Programs are in good and usable condition. 2. Be responsible for the upkeep, maintenance and repair of its own equipment being used during the Programs. Page 2 of5 . 3. Be responsible for providing staffto supervise the participants at all times when the Programs are being held. 4. Pick up on a daily basis any trash that has accumulated in and around the areas where the programs are being held and put in the nearest waste container. 5. Cover the cost of repairs to any City property that is damaged from the YMCA's use of that property. 6. Promote and encourage its participants during the Programs to recycle materials including such things as paper, aluminum, plastic and metal. 7. Provide to the City the name( s) of staff members who can be the contacted during the Programs. 8. Provide YMCA staff with some form of easily seen identification, i.e. staff shirts and/or name tags allowing a differentiation from City staff. SECTION 3. CITY'S OBLIGATIONS. I. Provide waste and recycling containers for litter, trash and the recycling of plastic, metal and aluminum beverage containers. 2. Be responsible for disposing of the garbage, removal of the recycling material and the general cleanliness of the Schmitz-Maki Arena. 3. Provide notification at least one week in advance of when maintenance work may be performed at the Schmitz-Maki Arena, which may affect the use of certain areas by the YMCA. 4. Provide access to vending machines at the Schmitz-Maki Arena. 5. Invoice the YMCA on or before August 1,2008 for the rental of the Schmitz-Maki Arena and the rental of any other City owned facilities. SECTION 4. INSURANCE REQUIREMENTS AND INDEMNIFICATION OF THE CITY. 1. The YMCA shall provide to the City written proof of insurance protection in such amounts, and from such issuing companies, as shall fully and completely protect the interests of the City, including, at a minimum, the following: Insurance Type Any Auto Amount $1,200,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,200,000.00 CSL or equivalent Page 30[5 2. The YMCA shall name the City as additional insured on the Any Auto and Comprehensive General Liability policies described above, and shall provide the City with Certificates of Insurance for all policies required herein, which certificates shall provide and require that notice shall be given to the City by the carrier or carrier's representatives at least 30 days prior to any changes, cancellation, non-renewal, or lapse of the policies required herein. 3. The YMCA shall fully and completely defend, indemnify and hold hannless the City and its employees, officials, officers, and agents from and against any claims for personal injury, including death, and for destruction of damage to the concession and hockey equipment (equipment) on the City's property, which claims are related to the equipment on the City's property and the source of which occur while this Agreement is in effect. SECTION 5. TERMINATION OF AGREEMENT. In the event that the YMCA or the City fails to perform and carry out any ofthe terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business, this Agreement may be terminated by either Party giving written notice to the other Party. On termination, all rights of the YMCA to occupy or use the Schmitz-Maki Arena shall end on the 10th day after delivery of such notice by which time the YMCA and all of its officers, agents, and its employees shall remove its equipment and supplies, vacate the premises and surrender the same to the City quietly and peacefully. The City's termination of this Agreement hereunder shall not prevent or interfere with the recovery by the City of any damages caused by the YMCA to the Schmitz-Maki Arena or other City owned facilities. SECTION 6. OTHER TERMINATION. NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order prohibits the activities in this Agreement, then this Agreement shall be immediately terminated with both Parties owing no further compensation to each other. SECTION 7. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. Page 4 of5 SOUTHWEST AREA YMCA, OF THE YMCA OF GREATER SAINT PAUL, a ~:nesota ~O]~ofit corporation A of Greater Saint Paul Ex@cyti"e DireetQL C~C/C.lO/ Vrr o~QSo1+o~s CITY OF FARMINGTON, a Minnesota municipal corporation BY: Kevan A. Soderberg, Mayor AND Peter Herlofsky, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF ~Ml\.tf ~ f\. ) The foregoing instrument was acknowledged before me this ~ day of ~ ,2008, byGJ'u ~~6...\ , the ~Fo(~lol\J? O~I\.S of the vICA v[thc YMCA b1fGreater Saint Paul, a Minnesota 'non-pro It corporation, on its behalf. . PEGGY ANN MATTHEESI ,'~ NOTARY PUBLIC.MlNNESOTA ./ My CommisSion EtpiftlJIft. 31.2012 . .~ ~;_~..~_VtJ;_VtY_-A'VI'_j,V_..fNA". G \fI~ Not~ ' STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by Kevan A. Soderberg and by Peter Herlofsky, respectively the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Page 5 of5 / fa.., City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, City Council and City Administrato FROM: Tony Wippler, Assistant City Planner t. !IS' SUBJECT: Set Date, Time and Location for Joint Informational Meeting with Empire Township DATE: February 19, 2008 INTRODUCTION Pursuant to State Statute ~414.0333 a Joint Informational Meeting between the City Council of Farmington and the Empire Township Board must be held prior to the adoption of an Orderly Annexation Agreement [OAA]. DISCUSSION As discussed at the Council's January 22, 2008 regular meeting the Empire, Farmington Planning Advisory Committee [EFP AC] has come to an agreement on the terms of an Orderly Annexation Agreement for approximately 550 acres ofland. The next step in the process to obtain approval of the proposed OAA is to hold the Joint Informational Meeting with Empire Township. Staffis suggesting the date March 19th, 2008 for this meeting. The location of the meeting will be at Empire Town Hall and will start at 7:00 pm. It is anticipated that the Town Board and City Council will take action on the OAA on March 19th after the Joint Informational Meeting has been closed. ACTION REQUESTED Set the date, time, and location for the Joint Informational Meeting for March 19,2008 at 7:00 pm and to be located at Empire Town Hall. In addition, authorize staff to prepare and publish the required notice in the Farmington Independent. Respectfully submitted, f:; uj~L Tony Wippler, VLsis~t City Planner "'" /o?~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.cLfarmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Council Salaries DATE: February 19, 2008 INTRODUCTIONIDISCUSSION At the workshop Council requested information on Council salaries. Attached are three spreadsheets showing Mayor and Council salaries. The sample is from the metropolitan area. Sheet 1 shows the listing in alphabetical order, sheet 2 shows the listing from highest to lowest salary, and sheet 3 shows the listing from highest to lowest population. Please note at the bottom we do have the average of the sample that was taken and we are comparing it to Farmington salaries for Council. ACTION REQUESTED Based on the information, I would suggest for 2009, Council raise their salaries $250 per month. This will bring the Council very close to the average at this point in time and should make it much more comparable to communities of similar size and responsibilities. ResP./~bmitted, I' i l' (~., ) . .. , ,'... " ' \,-1 . / . '.. ," / peter~erlOfsYJt Jr,*, .'" City Administr~~ / CMuller/Herlofsky/Council memos/Salaries CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 1, CHAPTER 10 OF THE FARMINGTON CITY CODE CONCERNING SALARIES, MAYOR AND COUNCILMEMBERS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 1-10-1 of the Farmington City Code is amended by to read as follows: 1-10-1: SALARIES: The monthly gross salaries for Mayor and Council shall be as follows: Mayor.............................................. ..$42:0 670 per month Councilmember............................... .....$~ 585 per month SECTION 2. 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Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.