HomeMy WebLinkAbout09.06.05 Council Packet
City of Farmington
325 Oak Street i
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingjUture.
AGENDA
PRE-CITY COUNCIL MEETING
September 6, 2005
6:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. CITIZEN COMMENTS
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
SEPTEMBER 6, 2005
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Swearing-In Ceremony - Police Officer
b) Introduce New Employee - Community Development
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Mr. Bill Fitch - Response
7. CONSENT AGENDA
a) Approve Council Minutes (8/15/05 Regular)
b) Capital Outlay Park Improvements - Parks and Recreation
c) Capital Outlay - Police
d) July 2005 Financial Report - Finance
e) Schedule Workshop - Cataract Fire Relief Pension - Administration
f) Accept Resignation and Approve Separation Agreement - Administration
g) Remove Special Assessment 195th Street Assessment Roll - Finance
h) Approve Beer License - Administration
i) Adopt Resolutions - Accept Donations - Parks and Recreation
j) Approve Pre-Paint Inspection Trip - Fire Department
k) School and Conference - Fire Department
1) Approve Soil Testing Proposal- Parks and Recreation
m) Customer Service Response Report - Administration
n) Approve CLG Scholarship Grant - Administration
0) Accept Quote Sidewalk Replacement - Engineering (Supplemental)
p) Approve Bills
q) Adopt Joint Resolution - Farmington business Park Parcels in Castle Rock
Township - Community Development
Action Taken
Sworn-In
Introduced
Information Received
Approved
Information Received
Authorized
Information Received
Sept. 13, 2005
Approved
Approved
Approved
R105-05; R106-05
Approved
Approved
Approved
Information Received
Approved
Authorized
Approved
R107-05
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - LED (Lighted) Signs - Community Development
b) Discussion of High School Site
11. UNFINISHED BUSINESS
a) Adopt Resolution - Joint Dispatch Joint Powers Agreement - Police
12. NEW BUSINESS
a) Adopt Resolution - 2006 Preliminary Tax Levy and Budget - Finance
b) Consider Options City Administrator Position
1) Interim
2) Regular Full Time
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION -Labor Negotiations
15. ADJOURN
Ord 005-542
Motion Stands
RI08-05
RI09-05
Appoint Outside
Interim
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
SEPTEMBER 6, 2005
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Swearing-In Ceremony - Police Officer
b) Introduce New Employee - Community Development
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Mr. Bill Fitch - Response
7. CONSENT AGENDA
a) Approve Council Minutes (8/15/05 Regular)
b) Capital Outlay Park Improvements - Parks and Recreation
c) Capital Outlay - Police
d) July 2005 Financial Report - Finance
e) Schedule Workshop - Cataract Fire Relief Pension - Administration
f) Accept Resignation and Approve Separation Agreement - Administration
g) Remove Special Assessment 195th Street Assessment Roll - Finance
h) Approve Beer License - Administration
i) Adopt Resolutions - Accept Donations - Parks and Recreation
j) Approve Pre-Paint Inspection Trip - Fire Department
k) School and Conference - Fire Department
I) Approve Soil Testing Proposal- Parks and Recreation
m) Customer Service Response Report - Administration
n) Approve CLG Scholarship Grant - Administration
0) Accept Quote Sidewalk Replacement - Engineering (Supplemental)
p) Approve Bills
8. PUBLIC HEARINGS
Action Taken
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - LED (Lighted) Signs - Community Development
b) Discussion of High School Site
11. UNFINISHED BUSINESS
a) Adopt Resolution - Joint Dispatch Joint Powers Agreement - Police
12. NEW BUSINESS
a) Adopt Resolution - 2006 Preliminary Tax Levy and Budget - Finance
b) Consider Options City Administrator Position
1) Interim
2) Regular Full Time
13. COUNCIL ROUNDTABLE
14. EXECUTIVE SESSION -Labor Negotiations
15. ADJOURN
Page 18
Page 19
Page 20
&~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members
FROM:
Robin Roland, Finance Director
SUBJECT:
Citizen Comments - Bill Fitch
DATE:
August 24, 2005
INTRODUCTION
On May 2,2005, Bill Fitch appeared at the council meeting and made some comments with regard to
the 2004 financial situation and his calculations of a $950,000 shortfall from the budget. (A copy of
the minutes is attached to this memo). His comments were deemed rebuttal to previous newspaper
articles and the staff memo response on April 18, and therefore a response memo was not done. Staff
believed that the presentation of the audit results would ultimately answer any lingering questions
about the shortfall.
DISCUSSION
In response to the first issue identified in the minutes, I am including my worksheet from the original
workshop in June 2004 with a copy of the comparison (Budget to Actual) after the final audit was
completed. It appears that Mr. Fitch's $950,000 shortfall was arrived at by adding the February
preliminary loss number to the additional $275,000 resulting from $100,000 in additional franchise
fees allocated to the general fund and the shift of 75% of all interest income to the general fund. I
don't believe his to be an accurate analysis. The two major reasons for the final shortfall were the
building permit revenues even farther short than originally expected ($406,427 vs. $211,676) and
expenditures significantly more than originally thought ($308,642 more).
As for the second issue raised, the General fund reserve balance is at 24% of annual expenditures at
the end of 2004, significantly short of the 35% to 40% identified by the Council. Mr. Fitch was
correct about this.
Mr. Fitch further commented that we must do a better job of forecasting. For the last nine years, staff
has taken a conservative approach and has used the same forecasting methods each year. Staff uses
all accepted financial and budgeting practices recommended by GASB (Government Accounting
Standards Board), GFOA (Government Finance Officers Association) and compliant with State
Statute.
With regard to financial reporting, it is staffs goal to give the most accurate, timely information
possible, so that if adjustments to strategy need to take place they can happen as soon as possible.
ACTION REQUIRED
For Council's information.
~;;2i
Robin Roland
Finance Director
Cc: Bill Fitch
Council Minutes (Regular)
May 2, 2005
Page 2
d) Card for Benno Klotz
Council presented a card and certificate to Benno Klotz, Solid Waste Supervisor.
6. CITIZEN COMMENTS
Ms. Bev Preece, Spruce Place, stated the Heritage Preservation Commission will sponsor
a walking tour of downtown Farmington as part of the community's observation of
National Historic Preservation Month. The walk is planned for May 24, 2005 from 6:30
p.m. - 8:30 p.m. beginning at City Hall and ending at the Exchange Bank Building. The
entire community is invited to participate. She also invited everyone to the Rambling
River Center Open House May 9,2005, from 3:30 p.m. - 5:30 p.m.
Mr. Bill Fitch, 5816 Upper 183rd Street, wanted to clarify some things as the newspaper
article stated people were wondering how he obtained his numbers. Regarding the 2004
budget difference, he obtained those numbers from the $657,000 that was requested at the
February 22 meeting plus the transfers Council had approved before which was in the
area of $300,000 which was approved in a budget workshop in June 2004. Adding those
together, it comes close to $950,000. Ifhe is off on those numbers, he looked forward to
exactly how those numbers came out. The second item in question was regarding the
City's general fund reserve. At $1.1 million that fund is not fully funded according to the
35% - 40% we should have against the budget in that fund. Ifhe is wrong, he would like
to have someone point it out. Last, the newspaper made an assumption he was criticizing
City staff. He was criticizing the process and the government's inability to be able to do
a better job forecasting the future and the future dollars ofthe years that we are currently
in. His big concern was there are a lot ofprojects this year Council will be asked to
spend money on. Ifwe cannot get closer on our financial estimates, it is also at the state
level and other levels of government, there seems to be a lot of discrepancies with dollars
towards the end of the year. We have to figure out how to do a better job forecasting.
Going into 2005 he raised some concerns with where we are going based on what
happened in 2004. That took up a good part of a budget increase in order to do some
very fine things in 2005. He is still concerned half of those things will not be able to
come through due to budgetary concerns late in the third quarter. He wanted the
government to be able to react in a timely manner. If Council has any direction that his
numbers are way off, he would be glad to hear it. Otherwise it would be acceptable for
staff to reply in a month and thanked staff for their quick response last time.
Ms. Michelle Leonard, 727 Tamarack Trail, also with the Farmington Independent spoke
regarding item 7n) Approve Employment Agreement. She read a letter for the Council
inquiring whether a written summary of City Administrator Urbia's performance review
has been completed and if so when it will be provided to the public. The open meeting
does permit governing bodies to close meetings for labor negotiations and for
performance reviews. The law also requires a detailed summary of the negotiations be
provided in writing at the next public meeting. City Administrator Urbia's review was
held on April 4, 2005 and continued to April 18, 2005. As such, she would like to see
this summary as soon as possible. City Attorney Jamnik will follow-up.
City of Farmington
2004 Budget vs. Projected Revenues & Expenditures
Adopted 2004 Revenues before transfers in:
Less: Building permits @ 303 instead of 440
Less Investment income reduction
Add: Increased Recreation fees revenue
Budgeted Transfers from Enterprise funds
Budgeted Transfer from Private Capital Project fund
Total anticipated revenues per revision
Adopted 2004 Expenditures before transfer out
Transfer out to special revenue funds
Budget shortfall
Proposed reductions to budget by division:
Administration
Council 1005
Boards & commissions 1006
Administration 1010
Elections 1013
Communications 1014
HR/IS
Human Resources 1011
MIS 1012
Finance
Finance 1021
Risk Management 1022
Community Development
Planning & Zoning 1030
Building Inspections 1031
Community Development 1035
Police
Administration 1050
Patrol 1051
Investigations 1052
Emergency Management 1054
Fire
Fire 1060
Rescue 1061
Public Works
Engineering 1070
GIS 1071
Streets 1072
Snowplowing 1073
Signal Maintenance 1074
Parks & Recreation
Park Maintenance 1090
Forestry 1091
Building Maintenance 1092
Recreation 1095
Outdoor Ice 1096
$ 5,847,238.00
(211,676.00)
(175,000.00)
20,000.00
5,480,562.00
210,000.00
100,000.00
5,790,562.00
(5,984,238.00)
(173,000.00)
(6,157,238.00)
(366,676.00)
Identified
370.00
(6,000.00)
1,500.00
3,100.00
3,000.00
700.00
3,100.00
3,200.00
2,300.00
6,750.00
1,000.00
2,000.00
15,500.00
2,100.00
1,700.00
3,324.00
.Could assign all cable franchise fees to general fund
for one year. Resulting in $100,000 additional revenue.
"Could assign all investment income to general fund
for one year. Resulting in no reduction.
Potential
1 ,000.00 Training & conferences
4,000.00 Equipmnt supplies, training, outside printing
20,500.00 Professional services (Inspectron)
2,500.00 Professional services
1,000.00 Electrical utilities
1,600.00 Professional services
3,000.00 Supplies, Repairs
3,000.00 Supplies, Repairs
2,000.00 Supplies, Repairs
25,000.00 Rental of Equipment, no summer staff(PT saIl
3,000.00 Supplies, Repairs
Recreation operating (reduction of transfer out)
Senior Center
Swimming pool
43,644.00
2,800.00
750.00
66,600.00
Budget Shortfall as revised
47,194.00
(319,482.00)
66,600.00
(252,882.00)
en
CI)
...
~
-
:s
c:
CI)
Q,
><
w
ol!S
en
c: CI)
o ~
- c:
C)CI)
c: >
'E CI)
...~
ca"
LL CI)
.... -
o u
>..!.
:'!:: 0
(J~
en
>
-
CI)
C)
"
~
m
~
o
o
N
.5
~
'*
c:
~
a>
....
.E
a>
.0
III
a>
:;,
c:
a>
>
a>
0:::
'0
a>
as
Cl
'0
:;,
CD
~
o
o
C\I
'0
2
c..
o
~
~
ro
E
a>
E
c:
....
a>
>
o
e>
~......1Il a>
'0......
'E 5 c: c:
~~.2rJi
c..u eo a>
~g~~
~2as13
1Il~(!).
~~.9~
c: E '0 .5
a> .- a> u..
[>.8ro;;
~ a> U a>
'E- :;, .Q :;,
'OroC:
~ a> ~
c.. E ro a>
g'8~-=
:E .5 ~ ~
's ro a> .Q
::.......~~~
eo ~ eo
:;,'5Cii......
~~u:~
o
o
cO
M
C"!.
I"'-
~
ex>
LCi
co
00
~~
C\I 0
~. LO.
co M
o
~
f;J7
o
q
ex>
M
C"!.
I"'-
~
ex>
LCi
00
qq
coo
1"'-0
coo
~LCi
......1"'-
~~
f;J7
.5
~
~
III
c:
~
......
a>
....
.E
a>
.0
III
a>
:;,
c:
a>
>
a>
0:::
~
o
o
C\I
'0
a>
a
o
'0
<(
o
~
~
-
o
'0
eo
a> c:
lii .Q
.5 t5
M :;,
0'0
M~
@)a>
III E
:t::: 8
E .5
a>......
c..c:
Cla>
c: E
'5lii
'5 ~
CD.!:
en III
III III
a> a>
...J ...J
000
000
cO~o
I"'-C\IC\I
O......LO
N"r-:ri
Ol"'-C\I
...... co
LCi
a>
:;,
c:
a>
>
a>
....
III
a>
~
c:
o
~
~
U
a>
0:::
'0
a>
III
eo
~
U
c:
'0
~
'0
c:
:;,
-
ti
a>
'e
~c..
5S
~'a
.~ <3
2-a>
215
c: >
w';::
Ec..
o E
J:: e
1Il-
.... ....
~~
III III
c: c:
eo eo
.... ....
1-1-
'0 '0
a> a>
...... ......
a> a>
Cl Cl
'0 '0
:;, :;,
CD CD
00
qq
00
00
00
00
......0
C\I......
00
qq
OC\l
OCO
OLO
00
C\leX>
~
LCi
00
00
00
00
00
00
......0
C\I......
'0
c:
:;,
-
ti
a>
"e
~c..
~S
a> .~
.~ ()
2-a>
215
c: >
w';::
Ec..
o E
J:: e
1Il-
.... ....
~~
III III
c: c:
eo eo
.=.=
'0 '0
a> a>
Q)Qj
Cl Cl
'0 '0
:;, :;,
CD CD
III
'0
c:
.2
a>
:;,
c:
a>
>
a>
....
ro
'(3
III a>
~ 1F
.3.9
'g-S
a> 0
~~
W a>
-
~ III
oc:
oeo
C\I~
roro
~n
<(<(
o
o
o
C\I
LO.
M
M
0>
LCi
sss
000
000
ex> 0 ex>
ex> 0 ex>
N"riLCi
O>I"'-CO
C\I......~
~---~
o
o
C\i
co
~
o
0>
I"'-
LCi
000
000
cOOcO
MOM
C\lOC\l
-=irir-:
eX>I"'-LO
0>............
!::i-~
c:
o
'00
'S;
~
....
a>
c..
III
a>
:;,
c:
a>
>
a>
....
'0
2
eo
c..
'(3
:;::;
c:
eo
ro
o
I-
-s
o
....
~
III
c:
~ en
'0
~ 5
.E-
a> a>
.0 :;,
III as
~ >
.3 ~
'g .!!1
~~
x c..
Will
~.9
0......
0:;'
C\I 0
'0 ....
2,*
c..c:
.g ~
<(I-
as
Cl
'0
:;,
CD
~
o
o
C\I
'0
a>
......
c..
o
~
ro
c:
'0,
.;::
o
E
.g
~
o
..c.
(j)
o
o
o
co
M.
C\I
M
LO
~
o
..c.
III
as
Cl
'0
:;,
CD
LO
o
o
~
C\I
~
ex>
/a-
COUNCIL MINUTES
PRE-MEETING
August 15, 2005
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, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; David Urbia, City Administrator;
Robin Roland, Finance Director; Kevin Carroll, Community
Development Director; Dan Siebenaler, Police Chief; Randy
Distad, Parks and Recreation Director; Lisa Shadick,
Administrative Services Director; Brenda Wendlandt, Human
Resources Director; Cynthia Muller, Executive Assistant
2. APPROVE AGENDA
MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
Councilmember Fogarty asked if the Cataract Relief Association was asking for
additional funds for 2005 or 2006. City Administrator Urbia replied 2006. After
speaking with the Cataract Relief members they would like to meet with the Council at a
workshop to present additional information. Councilmember Fogarty agreed as their
request is for a 9% increase which is a big increase. Council had discussed 3%. Mayor
Soderberg asked if action needed to be taken on the $60,000 contribution so it remains in
the budget. City Administrator Urbia replied that is included in the budget so it would
not have to be separate. The $60,000 is part ofthe past agreement. City Attorney Jamnik
stated it is part of the budget so it does not have to be approved tonight.
Councilmember McKnight asked about the Joint Dispatch Joint Powers Agreement and
noted the first year's funding is 4.83% and asked what it is based on. City Administrator
Urbia stated it is the call percentage. Councilmember McKnight noted the agreement
states what it will be based on in the future and asked if staff was comfortable with that.
City Administrator Urbia replied we are comfortable and the group has the ability in the
future to review it.
5. STAFF COMMENTS
City Administrator Urbia advised Council that Executive Assistant Muller will contact
Council to set up the workshop for the Cataract Relief Pension for sometime in
September.
Council Minutes (Pre-Meeting)
August 15, 2005
Page 2
6. ADJOURN
MOTION by Pritzlaff, second by McKnight to adjourn at 6:36 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
/) ~-:> ~?--v7 4~
7'--"l7-.e..~ ~
Cynthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
August 15, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 7:00 p.m.
Mayor Soderberg called for a moment of silence for former Mayor Pat Akin who passed
away on August 14,2005.
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, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; David Urbia, City Administrator;
Robin Roland, Finance Director; Kevin Carroll, Community
Development Director; Dan Siebenaler, Police Chief; Randy
Distad, Parks and Recreation Director; Lisa Shadick,
Administrative Services Director; Brenda Wendlandt, Human
Resources Director; Cynthia Muller, Executive Assistant
Monica Kittock-Sargent, Cheryl Haan, Jay & Pat Christensen,
Kevin Littman, Bill Toninato, Doug Bonar, Theresa Wolfe, Kris
Akin, Mike & Laura Pierce, Kari Doffing, Tom Ford, Terry
Donnelly, Brad Meeks, Griff Davenport, Gary Johnson, Brian &
Barbara Bollon, Todd Arey, Fred Last, John Gilbertson, Mark
Hinks, Karen Bergman, Karen Neal, Terrie Pearson
4. APPROVE AGENDA
Councilmember Fogarty pulled item lib) Cataract Fire Relief Association 2006 Pension
Request for a future workshop.
MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows:
a) Approved Council Minutes (8/1/05 Regular) (8/8/05 Special)
b) Approved Temporary On-Sale Liquor License - Administration
c) Authorized Disposal of City Property - Police
Council Minutes (Regular)
August 15, 2005
Page 2
d) Authorized School and Conference - Police
e) Authorized School and Conference - Police
f) Approved School and Conference - Parks and Recreation
g) Approved Appointment Recommendation - Human Resources
h) Approved Solid Waste Exemptions - Parks and Recreation
i) Received Information Capital Outlay - Parks and Recreation
j) Approved Extension of Time for Approval of Final Plat - Executive Estates-
Community Development
k) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Adopt Resolution - Transfer of HRA to EDA - Community Development
In 2004 the HRA began discussing changing the format ofthe board. A number
of people felt the HRA should change its focus and deal less with redevelopment
and housing and more with the broader topic of economic development. The
HRA members were provided information on the difference between HRA' s and
EDA's. The HRA recommended to the Council that they consider converting the
HRA to an EDA. The main difference is in the state statutes HRA's are defined
as organizations responsible for determining blighted land areas for preventing the
spread of blight including substandard building structures. The HRA may provide
for improvements ofthese areas through a redevelopment plan. The HRA's main
area of operation is housing program development, etc. The primary purpose of
an EDA is defined as promoting economic development within a district. The
EDA will have the same authority, powers, and duties of an HRA, but the
emphasis will be on broader economic development issues and not so much on
redevelopment of blighted areas and housing-type programs. The change requires
approval of an ordinance and a resolution.
Councilmember Fogarty noted there is a change in the appointments. The terms
will be 6 years instead of 5 years. There will be two Councilmembers on the
board and terms will run concurrent with their term. Community Development
Director Carroll added this will also change the composition of the HRA.
Currently there is one elected official and four residents. The HRA recommends
there be seven members on the board, which would involve two Councilmembers
and five residents.
Mayor Soderberg had some questions regarding the ordinance for Attorney
Jamnik. City Attorney Jamnik stated the enabling resolution specifies the powers
and duties. The EDA has the authority to set their own compensation, as did the
HRA. Council can change the enabling resolution following a public hearing and
Council sees the annual budget and approves it. There are also provisions in the
resolution for additional limitations on the EDA's authority. As with the HRA,
the EDA still remains a separate governmental body with powers to contract and
buy and sell property.
Council Minutes (Regular)
August 15,2005
Page 3
MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF,
MOTION CARRIED. MOTION by McKnight, second by Pritzlaff adopting
ORDINANCE 005-541 establishing an Economic Development Authority, and
RESOLUTION R104-05 enabling the creation of an Economic Development
Authority. APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Distribute Draft 2006 Budget Document - Finance
Finance Director Roland provided Council with the proposed 2006 Budget. A
budget document must be provided to Council one month before the preliminary
levy is certified to the County. The levy will be certified on or before September
15. Staffwill provide a presentation on the preliminary levy at the next Council
meeting. A truth-in-taxation hearing will be set and also a budget workshop.
b) Update Joint Dispatch Joint Powers Agreement -Administration
City Administrator Urbia presented a draft Joint Powers Agreement for the 800
MHz issue. A final document and resolution will be brought to Council at the
next meeting.
c) Request for Authorization to Update System Plans - Community
Development
For the Engineering Department there are system plans that provide guidance
with regard to when and how various City infrastructure services will be
extended. There are three different system plans. There is a Surface Water
Management Plan adopted in September 1997, a Sewer Policy Plan adopted in
May 1996, and a Water Supply and Distribution Plan adopted in July 1996 and
updated in March 1997. The plans need to be updated to include areas proposed
for development. The plans will be updated citywide in phases. Staffwanted to
make sure Council was in support of initiating this process. Specifics will be
provided at a later time. MOTION by Pritzlaff, second by Wilson to authorize
City staffto initiate the updating ofthe three system plans referred to above.
APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and
Rezoning Christensen Property - Community Development
On May 20, 2005 staff received an application from ISD 192 to amend the Comp
Plan for the Christensen property. The Comp Plan currently shows that property
and nearby properties as urban reserve. The plan does not envision development
until 2020 or later. In order to build anything in the urban reserve area it would
be necessary to amend the Comp Plan from urban reserve to another designation.
The school has requested the Comp Plan be changed to public/semi-public which
would allow the construction of a school. There was also a request to rezone the
Council Minutes (Regular)
August 15,2005
Page 4
property from agricultural to R-l (low density residential). If that were done, the
school would need to apply for a conditional use permit to construct a school.
Since the July 18, 2005 Council meeting there have been a number of meetings
between the school and the City. It was hoped that a mutual agreement could
have been reached, but that has not happened. Council can either approve the
Comp Plan amendment and rezoning, deny it, or table it. Cities have 60 days to
make decisions on land use applications and that can be extended for 120 days.
The 120 days would end around the second meeting in December. The school has
requested that the Council take action tonight.
Mayor Soderberg noted there has been a public hearing and there was public
comment at the last two meetings. He did not think any new information could be
provided, therefore, the discussion will remain at the Council table.
Councilmember Fogarty stated she spent hours and hours in meetings. On
November 15, 2004 Council approved MUSA for this site. On November 18,
2004 she and Mayor Soderberg met with Terry Donnelly, Dan Privette, and Dr.
Meeks to express concerns they had with the site. The school has known for the
better part of 9 months her concerns with this site. This is not a surprise or a
secret to them. She has been trying to work out the issues with the school district
and to make them understand the gravity of the decision they are asking Council
to make. She sat through two full days at the end of July looking at different
options with the school district. When she received the letter from Dr. Meeks
which he presented to the school board she was devastated. She felt they had
made great progress and that there were some sites that showed promise. Some of
the things in his letter are confusing to her. He talks about how the Fountain
Valley property is a narrowly defined area. They do not know that for sure,
because the school district will not authorize soil borings out there to see what
kind of soil there is. The narrowly defined area is nearly 100 acres. He talks
about traffic and how it could flow and how hwy 50 and 3 are big concerns. In
that same meeting the Police Chief said of the three sites it was the best traffic
flow he had seen. She was not sure how she was supposed to take the opinion of
a Superintendent on traffic over a Police Chief who has more knowledge in the
area. This has been very frustrating for her. Of all the elected officials, both
Council and school board, she has sat through more joint meetings and hours than
anyone else. She has been through hours and hours of meetings. This is the
wrong place to start developing. She cannot support it on the Christensen
property. There are other options that can be even better.
Councilmember McKnight stated everyone has heard his comments over the last
8 months. It is time to act tonight to approve this site.
Mayor Soderberg stated the question is whether to approve the Comp Plan
amendment. The state prescribes that it takes 4 of 5 Councilmembers to change
it. It is a very serious document and it sets the tone and direction for development
Council Minutes (Regular)
August 15,2005
Page 5
in the City. Once that is set it takes a super majority to change it. It is a very
serious decision. Had this request for development come from anyone else, it
would never have made it as far as it did. It would have been turned down flatly
at the beginning. All due consideration has been given to the school district to
consider this as well as look at alternatives. It was presented that there were no
other alternatives. After going through two days of charrettes and looking at
possibilities there are other alternatives that exist. Those alternatives have the
potential of saving the district and taxpayers a significant amount of money as
well. It would be his intention to vote in the negative on the amendment.
MOTION by Pritzlaff, second by Fogarty to deny the Comprehensive Plan
Amendment and rezoning. City Attorney Jamnik stated he has prepared Findings
of Fact and Decision supporting the denial. The Findings of Fact should be
reviewed and adopted with the motion. He asked Council to review them and see
if there are any changes needed and incorporate these Findings into the motion.
The Findings are based on materials and statements made at previous Council
meetings, Planning Commission meetings and staff reports regarding the
application, the nature of the Comp Plan in the affected areas and the basis and
rationale for the decision to deny. The motion and second should be for the Comp
Plan and rezone at the same time. Council agreed with the Findings of Fact and
Councilmember Pritzlaff amended his motion to include adopting the Findings of
Fact and Decision, second by Fogarty.
Councilmember McKnight stated it is disappointing that the first negative vote
from the Council comes in August 2005. We have moved this along to this point.
Councilmember Wilson stated he has been as frustrated as anyone. The
placement of the school is not consistent with the Comp Plan or with the planned
development towards the east. When he evaluated what has happened with this
issue, it is disappointing we have gotten to August before making the first no vote.
Looking back to November 3, 2004 when the MUSA Review Committee was
making recommendations it did not seem that there was any necessity to identify
the Christensen property on the MUSA phasing plan for 2005 and beyond, but it
was. On November 15, 2004 the Council unanimously approved the MUSA
Committee's recommendations which included the high school only upon
removal of ag preserve which was accomplished on February 28,2005. When
you are a City and you are providing direction to a developer, which in this case is
the school district, to now change course is quite shocking. Ifwe are not going to
adhere to the recommendations of our own MUSA Review Committee at a future
meeting it would be wise to disband that process. It was clearly identified as a
property that would be used as a high school site upon removal from ag preserve
status and that occurred. It is probably not the best location, but it is the site the
City has been moving along up until today. He has received hundreds of e-mails
with comments as to whose responsibility it is. It is the residents that are planning
for development. Weare the responsible unit to work with housing development,
etc. The school district is in charge of educating kids. The one lesson that is
Council Minutes (Regular)
August 15, 2005
Page 6
productive is that when we have a building project with the school district, there
has to be immediate discussion from the beginning with the City. We have a City
Planner and Community Development Director that are extremely talented, that
study the Comp Plan day in and day out and talk with developers. He did not
think the discussion occurred frequently enough or early enough. Here we are
after approvals have been granted, in the middle of August turning this down. He
would vote to approve the amendment.
Councilmember Pritzlaff said he stated his position a long time ago. There are
rumors in the community that because he does not have kids that he is against
this. He voted for this, to pay taxes out of his pocket. He will benefit zero from
it. For anyone that wants to think this is not important to him, they are dead
wrong. He knows we need a school. He talked with Dr. Meeks in January and
ever since. On February 28,2005 there was a joint Council/Planning
Commission/School Board meeting regarding the ag preserve issue. At that time
he said he did not support the Comp Plan amendment. With three new
Councilmembers a red flag should have gone off and we should see how everyone
feels about this. The school district did not. They went down a dead end road
and spent half a million dollars of taxpayer's money and then come to Council on
May 22, 2005 with an application for a Comp Plan amendment. He finds that to
be ludicrous to wait that long. He has stated before that he thought it was
premature to close on the property until the school knew exactly what they had in
place and what they could do with it. In the charrettes he received updates from
Council and staff and he also thought there was progress made, but to no avail.
Faces and bodies may have shown up just to say they did it, but in the end it is the
same answer. It is all assumptions. There are no concrete facts that alternative
sites will not be the same or better than the Christensen site. He talked to
someone this morning and said it comes down to timelines. He has heard this
over and over again from the school district. If this were to pass tonight the
school wanted to dig in October of this year. He told that person to call the school
and ask them if it was approved could they dig in October. The answer is no.
There are a lot ofthings the school should have started a lot earlier than to throw
this back in his face that the timelines are his issue. They are not. He does not
believe this is the first school that was built by this school district and things
should have gone differently. He asked that the school district in the future come
to the City before they even get close to going down this road again and not to
deceive the public and make it more open and not just have 14% ofthe people
involved in this. The 2360 people that voted yes for this, there are a lot more
people than that paying for it. He asked the school district to work with the City
in the future before we get to this stage.
Mayor Soderberg stated we have a motion to deny the Comprehensive Plan and
rezoning and include Findings of Fact. Voting for: Soderberg, Fogarty, Pritzlaff.
Voting against: McKnight, Wilson. MOTION CARRIED.
12. NEW BUSINESS
Council Minutes (Regular)
August 15,2005
Page 7
13. COUNCIL ROUNDTABLE
a) City Administrator Update
Coffee with Council is Thursday. Councilmembers Fogarty and Wilson will
attend. Ehlers and Associates will have a 50th Anniversary Open House on
August 25,2005. At the last meeting it was discussed to start the September 19
meeting at 6:00 p.m. to receive an update regarding transit from Dakota County.
Instead the county would like to hold an open house. The Northern Dakota
County Chambers of Commerce will hold their annual meeting on September 30,
2005. A date needs to be set for the Vermillion River Crossings groundbreaking.
Council suggested Monday, August 22, 2005. City Administrator Urbia will
contact the developer.
Councilmember Fogarty: Noted the Fair went very well.
Councilmember PritzIaff: He also participated in National Night Out and thanked the
residents for the organized parties in their neighborhoods. He attended the Cedar Group
Transit meetings and provided a copy of the action plan to Council. He worked at the
Village Hall at the Fair. He also attended the AMM transportation meeting.
Councilmember Wilson: National Night Out was a phenomenal night. He could not
give enough credit to the Police and Fire Departments for their dedication. He
appreciated the patience of the Ash Street residents with the Fair.
Community Development
Director Carroll: Mr. Chris Motes, the Sector Representative for the Met
Council has done an excellent job, however he has resigned his position. When a new
person is appointed he will set up a workshop with Council.
Police Chief Siebenaler: He appreciated Council's participation in National Night
Out. It sends a terrific message to the residents that those types of activities are important
to Council. Two months ago Council approved a Joint Powers Agreement authorizing a
Traffic Safety Group. The first saturation campaign ofthat program occurred in
Farmington Saturday night. It was hugely successful. He will provide an update with
actual numbers and statistics in the near future.
Parks and Recreation
Director Distad: The second public input Open House will be held for the
Park Master Plan on Wednesday. They will be reviewing the first draft of the Meadow
Creek Park 3rd Addition, the Depot Way Arts Park, and Evergreen Knoll Park plans.
There will also be a meeting for the Community Center Study Committee on Thursday.
They will begin looking at sites and partnerships for a Community Center.
Mayor Soderberg: He also participated in National Night Out by sitting on a
dunk tank. They raised $75 for the cub scouts. He also attended a number of block
Council Minutes (Regular)
August 15,2005
Page 8
parties with Police Chief Siebenaler and he had a blast. He would do that again anytime.
He received an e-mail stating Diane Nitti has received the Girl Scout Gold Award which
is the highest award in Girl Scouting.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 8:01 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~rr7~
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO: Mayor, Councilmembers and Acting City Administrator ~
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Capital Outlay Park Improvements
DATE: September 6, 2005
INTRODUCTION
There are three capital outlay projects that staff will be completing this fall.
DISCUSSION
The first capital outlay project is the installation of a concrete curb product around park signs
that have been landscaped. Nine new park signs have been installed over the past two years and
have recently been landscaped with plant material. These landscaped areas around the park signs
need to have edging constructed around them in order to contain the mulch that will be placed
around the plants. Kwik Kerb from Farmington, Minnesota submitted the low quote of
$2,275.00 to complete the work. Kwik Kerb is a concrete product that is used to contain the
mulch in a landscaped area. It also is much more durable and has a longer life expectancy than
other forms of landscape edging. The City has used this product in the past in other landscaped
areas.
The second project to be completed is the installation of a fence in Silver Springs Park. The park
master plan for Silver Springs Park identified an ornamental fence to be installed in order to
create a barrier for kids from adjacent street traffic on English A venue. The fence to be installed
is an ornamental aluminum fence 54 inches high. Premier Fence from St. Paul, Minnesota
submitted the low quote for the fence and its installation in the amount of$6,718.00.
The third capital project is a bituminous trail that is to be constructed in Vermillion Grove Park.
The project consists of constructing two trail sections. The first section will be constructed to
connect an existing trail on the north side of the park to the south part of the park where it will
connect to a future boardwalk. The second section of trail will be constructed in a direction
north from an existing trail on the north side of203rd Street West to the edge ofthe wetland
where it will connect to the other end of the boardwalk in order to complete the trail from the
park to the trail on the north side of203rd Street West. These two bituminous trail sections were
identified and approved as part of the Vermillion Grove Park Master Plan. Northwest
Bituminous, Inc from Burnsville, Minnesota submitted the low quote in the amount of
$48,500.00 to complete the project.
BUDGET IMPACT
The Park Improvement Fund budget has funds available to cover the cost of all three capital
projects.
The Silver Springs Park Master Plan projected that the fence would cost an estimated
$24,420.00. The low quote received for the fence and its installation was $17,702 less than was
estimated.
The Vermillion Grove Park Master Plan estimated that the two trail sections combined would
cost $46,280.00 to construct. The low quote received for the project is $2,220.00 over the
estimated amount.
ACTION REQUESTED
No action is requested. This is for informational purposes only.
~:;'I1JJ;p
~~ DIstad,
Parks and Recreation Director
FORM OF AGREEMENT
THIS AGREEMENT, made and signed this 6th day of September, 2005, by and between the City of
Farmington hereinafter called the "Owner" and Northwest Bituminous, Inc. hereinafter called the
"Contractor" .
THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter
stated, agree as follows:
ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of
the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 325
Oak Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner
for:
2005 Vermillion Grove Park Trail Construction Project
and to complete everything required by this Agreement.
ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and
satisfactorily completed on or before Friday, October 28,2005.
ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the
Owner as "additional insured" and having at least $1,000,000 per occurrence liability coverage.
ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in
accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted
Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which
prices, based on the approximate schedule of quantities, is estimated at $48,500.00.
ARTICLE V The Contract Documents shall consist of the following component parts:
1. The Proposal Form submitted by the Contractor.
2. Contractor's Certificate ofInsurance listing the City of Farmington as "additional insured".
3. Special Provisions (if any)
4. Specifications (General and Specific Requirements)
5. This Agreement
IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the date first
above written.
CONTRACTOR:
OWNER:
BY:
BY:
ITS MAYOR
ITS
BY:
ITS CITY ADMINISTRATOR (Acting)
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7e..
TO:
Mayor and Councilmember,_xJ
Acting City Administrator W
Daniel M. Siebenaler,
Police Chief
FROM:
SUBJECT:
Capital Outlay Purchase
DATE:
September 6, 2005
INTRODUCTION
Many years ago the Emergency Management Division of the Police Department developed a plan for
the deployment of Emergency Outdoor Warning Sirens in the City. Until two years ago that plan
was closely followed and a total of five sirens have been deployed. Over the past two years budget
cuts brought on by Levy Limits and loss of Local Government Aid restricted the ability of the City to
add new sirens to the system. This has reduced effective coverage in heavily populated areas of the
City. An additional Outdoor Warning Siren is in the 2006 Proposed Budget. Staff has been
informed by a representative of Federal Signal Corporation that two slightly used outdoor warning
sirens have become available at a substantially reduced price.
DISCUSSIONIBUDGET IMPACT
Mr. Steve Nelson ofNelcom, the local distributor of Federal Signal Sirens has informed staffthat he
has taken possession of two Federal Signal 2001DC sirens from the Prairie Island Nuclear Power
Plant near Red Wing. The Plant has switched to a new warning system. While these units are used
they are relatively new. One still has three years remaining on the warranty. These units are
extremely reliable and have a long useful life. Many warning sirens are still in use after 30-40 years.
Mr. Nelson is very familiar with the recent media publicity surrounding Outdoor Warning Sirens and
has given Farmington the first rights to purchase these units. The 2006 Proposed Budget includes
$23,000 for the purchase and installation of one Outdoor Warning Siren. These units are being made
available for $14,000 each installed, representing a savings of $9,000 in 2006 and an additional
$9,000 in 2007.
Staff has discussed funding options for one or more of these sirens with the Finance Department.
The Finance Director has identified $24,000 in the 2005 approved budget that was designated for a
radio communications feasibility study. This funding was originally split 50/50 with the Fire
Department. The feasibility study has not been done and will not be, as the Joint Dispatch agreement
has been reached instead. The Fire Department has used their portion of the funding ($12,000) as the
10% required City match on the FEMA grant they recently received.
Staff suggests that $5,000 of the Police amount be used to pay for the 2005 expenses associated with
the new Dakota Communications Center Joint Powers Agreement. Staff further suggests that the
remaining funds be used toward the purchase of siren equipment. According to the Finance Director,
the Capital Acquisition Fund has sufficient fund balance to cover the balance of the purchase payable
2006.
The purchase and installation of these two Outdoor Warning Sirens now would bring the City back
on track with the original Siren System Plan in time for the 2006 storm season. The first siren would
be installed along Pilot Knob Road between 203rd St and 208th St (as a power supply permits) and
provide coverage to a large area including Meadow Creek and the Industrial Park as well as a portion
of Charleswood. The second unit would be installed on the north end of the City in the area of the
Meadowview Park and would cover the Dakota County Estates, Meadowview and Autumn Glenn
Developments as well as a large portion of the Parkview Ponds Development. The placement at this
location would also provide infill coverage created by high ridge topography in the area. A coverage
map has been included for your review.
ACTION REQUESTED
Authorize the purchase and installation of two Federal Signal2001DC Emergency Outdoor Warning
Sirens as described.
Respectfully submitted,
~1__
Daniel M. Siebenaler
Chief of Police
Current and Proposed Outdoor Warning Siren Coverage
~B
~ '\'\Jil .'
~. L
I .~.~
~T ~": ~ . ~~ / ":'
~ ~~~~
f~~~ y ~~~ .
~~ ~~~
5~t ~~~
~"~ ~~~
- c~ ~~/~//I "
L;~ ~. ~~ ":
;~~ ~~ \.. r>v/--
rr - '" I ~",,:'\ J
:~", ~r'~'~
~ % . ~~ ~~
1= ~~~~~ / / >r ~~" .~~
~~, ;.t? ~:%~~ % ~"""" , ~,,~~
::: ..~~~ ._-,~~ '~~K~
- ~~" ~.~ o~~WZ0 >? ~.~ . ~~W
I~_~ ~W~j~~~~ ~~v
- ~ , ~.~ ,,~~ rN
lJ' ~~ '.' ~~W''''
~ ~ ~0"~' G,
- ~. h:=:, ~ ~o h n ~ ~ ~~, ~
~ ~ t ~~ .:.~~~ ,.~~ ~l
-= ~/ i;- ~~
tJ 1/
/,
I
""
.......
----;-;-
".
.",~ -
~
~1J.11;- ^~!:
.:'.: ~. '~I~
. =:Jr. 1-:1-
'1" ',)-i .
-:ow~'~.,/i.'f-
~r-"/V.^~'
.')Plt.'.". .lr--
I'
',: ~
0,'. \
@ Current outdoor siren coverage
@ Proposed outdoor siren coverage
o 2,250 4,500
I I I I I I
9,000 Feet
I I
Map Created August 17, 200
N
A
7e1
CITY OF FARMINGTON
SUMMARY OF REVENUES
July 31, 2005
58.38 % Year Complete
:::~:'l.l:i.I'if~~...::.:l':l:.:I..iil!.ll.:::l.ill'll,!llil,.I!'!i!..li! ::::::::::::::::::::::::::::::::::::::: :a"Q$::::::::':::::::::::::::::::::::::::::: :!mcl~~ . :U::::::20M::::::':: i:i~~R~r::
. .............
UUlSOOGEt:/ :CUMENT: ((Uno:(::::: :}}ynHUH //:20(4)/
. .... .... ... . ... . . .. ..... . . . .. . .... .... .. . .
$ $ $ % $ %
GENERAL FUND
Property Taxes 4,750,293 866,713 2,210,096 46.53 1,607,753 45.36
Licenses 28,655 4,393 19,861 69.31 15,807 71.69
Permits 1,096,250 70,234 338,546 30.88 545,318 58.28
Fines 78,100 5,374 29,733 38.07 37,208 47.10
Intergovemment Revenue 310,000 88,190 170,651 55.05 163,239 50.85
Charges for Service 386,000 32,852 173,981 45.07 100,794 20.77
Investment Interest 225,000 18,750 131,250 58.33 140,000 43.75
Miscellaneous 10,000 191 14,528 145.28 49,078 138.25
Transfers 236 000 19.667 137 667 58.33 180 833 58.33
Total General Fund 7120298 1 106 364 3226313 45.31 2 840 030 46.92
SPECIAL REVENUE
HRA Operating Fund 20,500 318 203,758 993.94 302,703 96.04
Police Forfeitures Fund 8,050 - 1,511 18.77 6,913 85.88
Park Improvement Fund 292,000 100,625 349,919 119.84 162,793 107.31
Recreation Operating Fund 301,500 22,460 178,007 59.04 157,156 58.71
Ice Arena 247,500 6,875 139,989 56.56 0.00
ENTERPRISE FUNDS
Ice Arena - - 0.00 122,206 42.91
Liquor Operations 3,715,746 340,525 1,867,662 50.26 1,673,613 53.86
Sewer 1,533,857 59,043 663,994 43.29 718,918 52.74
Solid Waste 1,748,077 91,628 880,333 50.36 817,594 54.63
Storm Water 235,000 25,953 214,251 91.17 156,434 60.27
Water 1 695 000 143 697 904,487 53.36 758956 47.81
Total Revenues 16.917528 1 897 488 8 630 224 51.01 7717316 51.81
...,....~
CITY OF FARMINGTON
SUMMARY OF EXPENDITURES
July 31, 2005
58.38 % Year Comolete
i,:,:,':~:"'i+~~::::':i~:'j::.lj:::::"..~llli ::,'~~~~~..-1i~~i= 11m :l:~~:~~~m:l u:)~~// :P:~~~tft:
. ,".YJ1)::=:-' :: ':"2004-).
GENERAL FUND $ $ $ % $ %
Legislative 67,162 16,942 57,224 85.20 32,150 50.03
Administration 455,528 51,351 274,258 60.21 235,351 54.64
Elections 10,875 - - 0.00 6 0.00
Communications 70,882 4,092 36,422 51.38 35,230 50.28
Human Resources 195,206 21,557 108,509 55.59 103,415 56.59
Information Technology 107,783 15,401 73,498 68.19 25,902 47.21
Finance 413,638 46,096 260,529 62.98 237,167 60.64
Planning 174,080 24,890 104,029 59.76 98,542 57.91
Building Inspection 406,738 43,992 222,445 54.69 209,434 59.81
Community Development 158,997 12,785 55,094 34.65 49,207 52.70
Police Administration 603,905 71,803 356,865 59.09 327,533 62.59
Patrol Services 1,518,203 190,228 882,437 58.12 722,222 62.56
Investigation Services 277,602 43,839 193,955 69.87 139,112 53.79
Emergency Management 5,200 39,026 84,979 1634.21 1,995 124.69
Fire 425,849 55,468 182,243 42.80 143,525 36.55
Rescue 43,110 749 22,489 52.17 20,821 53.34
Engineering 284,465 47,599 195,775 68.82 175,936 65.24
G.I.S. 9,798 20 137 1.40 4,254 45.58
Streets 472,632 54,086 278,527 58.93 288,372 68.87
Snow Removal 102,935 209 73,932 71.82 51,144 52.26
Signal Maint 105,600 9,217 52,581 49.79 51,049 52.09
Natural Resources 56,285 1,981 18,381 32.66 - 0.00
Park Maint 407,186 66,410 247,331 60.74 194,778 74.63
Forestry 0 - - 0.00 37,484 36.41
Building Maint 157,995 9,112 65,929 41.73 47,982 39.18
Recreation Programs 375,644 58,628 235,385 62.66 216,767 70.40
Outdoor Ice 0 - 0.00 3,263 84.75
Transfers Out 213000 - 106 500 50.00 86 500 50.00
Total General Fund 7120298 885 481 4189454 58.84 3539141 58.47
SPECIAL REVENUE
HRA Operating 42,100 3,489 14,649 34.80 273,333 94.52
Police Forfeitures Fund 8,050 432 4,221 52.43 8,473 75.30
Park Improvement Fund 528,000 7,937 111,035 21.03 102,728 46.78
Senior Center 148,444 19,521 85,954 57.90 78,475 61.96
Swimming Pool 142,533 41 ,366 101,406 71.15 65,597 48.89
Ice Arena 247159 30,679 158 175 64.00 0 0.00
ENTERPRISE FUNDS
Ice Arena 0 - 0 0.00 155,600 59.27
Liquor Operations 3,561,633 408,988 1,906,340 53.52 1,542,462 49.90
Sewer 1,541,497 93,410 648,845 42.09 765,275 21.34
Solid Waste 1,770,599 145,980 945,805 53.42 833,453 55.11
Storm Water 400,884 28,907 161,557 40.30 175,560 46.38
Water Utility 1 140558 80 939 368 936 32.35 445 041 18.09
Total Exoenditures 16,651,755 1,747,129 8,696,377 52.22 7,985,138 44.06
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
)e
TO: Mayor and Councilmembers
FROM: Robin Roland, Acting City Administrator
SUBJECT: Council Workshop
DATE: September 6,2005
INTRODUCTION
At previous Council meetings, a discussion and background was given regarding the City
contribution, benefit level, and funding ratio for the Cataract Fire Relief Pension.
DISCUSSION
The Cataract Fire Relief Association has requested a benefit level increase from $3,200 to $3,500
which represents a 9.375% increase. Staffhas recommended a 5% increase in the benefit level
and for the City contribution to remain at $60,000. At the August 15,2005 Council Meeting,
Council requested staff to set a workshop to further discuss this issue.
ACTION REQUESTED
Set a Council Workshop for Wednesday, September 13, 2005 at 5:00 p.m. in the Council
Chambers.
A4U
Robin Roland
Acting City Administrator
7-t
SEPARATION AGREEMENT
BETWEEN
CITY OF FARMINGTON, MINNESOTA
AND
DAVID M. URBIA
THIS AGREEMENT, made and entered into this 6th day of September,
2005, by and between the CITY OF FARMINGTON, a Minnesota municipal
corporation (hereinafter the "City"), and David M. Urbia, an individual
(hereinafter "Employee").
WITNESSETH:
WHEREAS, the City and the Employee entered into an Employment
Agreement by which Employee was hired as the City Administrator effective
January 26, 2004, and most recently amended the Employment Agreement dated
June 6, 2005, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, both the City and the Employee have concluded that it is in
the best interests of both parties that the employment of Employee by the City be
terminated in accordance with the terms and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
and agreements as set forth herein the sufficiency of which is hereby
acknowledged by both parties, the City and the Employee agree as follows:
1. RESIGNATION. The Employee hereby submits Employee's
resignation as City Administrator effective September 6,2005.
2. PAYMENT. That pursuant to paragraph 15 of the Employment
Agreement, City shall forthwith make a lump sum salary payment to Employee of
the equivalent of six (6) months pay promptly following the end of the rescission
period (September 23, 2005), provided Employee does not exercise the right to
rescind.
Employee will also be paid for accrued vacation and sick leave in accordance with
the City's current personnel policies and paragraphs 4 and 5 of the Employment
Agreement, including any accrued vacation leave currently in excess of the City's
maximum accumulation limit. Employee will not be obligated to repay nor will
the City set-off from any payments due herein any overdraw from the City's flex
and/or cafeteria style employee benefit plans.
The City shall make a payment of $5,000 concurrent with the lump sum payment
specified above for transition expenses including job search services,
outplacement services, resume preparation, and other employment and recruitment
agency servIces.
The City shall reimburse Employee's actual legal expenses, up to $500.00,
incurred in negotiating and preparing this Agreement.
3. PENSION OR DEFERRED COMPENSATION PLANS. The
City will discontinue making contributions to Employee's plans selected under
paragraph 2 of the Employment Agreement effective September 6, 2005.
4. BENEFITS. The City shall continue in full force and effect and
will continue to provide and pay the employer contribution for the general
insurance benefits specified in paragraph 8 of the Employment Agreement for a
period of twelve (12) months ending September 6, 2006, and thereafter employee
may continue coverage to the extent and under the terms provided by federal and
state law.
The City's obligation to pay these benefits shall earlier cease upon the effective
date of Employee becoming covered under similar insurance coverage or benefits
through new employment and no additional payment to employee in lieu of these
contributions will be due.
The City's obligations under paragraphs 9 through 13 of the Employment
Agreement for other compensation and benefits will end September 6,2005.
5. RELEASE. Contemporaneously with the signing of this
Agreement, Employee shall sign a Release, a copy of which is attached hereto as
Exhibit "B". The City will defend and indemnify Employee to the extent required
by state law (M.S. 466.07) for any claims arising during the course of his
employment with the City.
6. REFERENCES. The City shall retain and place the reference
letter, attached hereto as Exhibit "C", in the Employee's file. Any requests for
references shall be given a copy of Exhibit "C".
7. REEMPLOYMENT INSURANCE. The City agrees that the
Employee is not disqualified from receiving reemployment insurance as a result of
a voluntary leave, discharge for misconduct, or discharge for gross misconduct as
those terms are defined in Minn. Stat. 9 268.09.
8. RESTRAINT. The termination of an employment relationship can
be difficult for both parties. Both parties agree to end this relationship in a
mutually respectful manner.
9. COUNTERPARTS. This Agreement may be executed in
counterparts, and each such duly executed counterpart shall be of the same
validity, force and effect as the original. Facsimile copies of signatures shall
constitute valid and binding obligations of the signing party once delivered by
facsimile to the other party.
IN WITNESS WHEREOF, the City and the Employee have approved and
executed this Separation Agreement on the day and year first above written, after
approval thereof by the City Council of the City of Farmington, Minnesota.
ITY OF FARMINGTON, MINNESOTA
. uf: Admimstrat r
1<( , 2005.
Kevan A. Soderberg, Mayor
Dated: ,2005.
Attest:
Deputy City Clerk
Dated:
,2005.
Attachment A-Copy of Employment Agreement
EMPLOYMENT AGREEMENT
AGREEMENT made this 6th day of June, 2005, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation ("Employer"), and David Urbia
("Employee").
The parties agree as follows:
1. POSITION. Employer previously contracted Employee as its City Administrator
with an employment start date of January 26, 2004. Employee agrees to serve as
City Administrator in accordance with state statutes and City ordinances and to
perform such other legally permissible and proper duties and functions as the City
Council shall from time to time assign.
2. PENSION PLAN. Employer shall contribute to PERA as required by State law
for Employee, as authorized by State law, an alternate pension plan if selected by
Employee in an equivalent amount based on the PERA employer contribution
amount
3. SALARY. Employer shall pay Employee a salary of $90,780 per year effective
January 1, 2005. Employee shall be given a performance review at the first
council meeting in September 2005 and annually thereafter. Any subsequent
adjustment to any compensation or benefits under this Agreement shall be made
only upon express action of the City Council.
4. SENIORITY. For purposes of employment benefits such as sick leave, vacation
leave, and the like, Employee will be credited with having completed five years of
employment with the City upon his first day of employment.
5. SICK LEAVE. Effective upon Employee's first day of employment, Employee
shall be credited with twenty days of accrued sick leave. In addition, Employee
shall accrue and use sick leave in accordance with the City's then current
personnel policies. Employee shall be subject to any maximum accrual (currently
1040 hours) and payment upon separation limits (currently, one-fourth of accrued
leave after 5 years and one-half of accrued leave after 10 years) established in the
City's personnel policies.
6. VACATIONS. Effective upon Employee's first day of employment, Employee
shall be credited with ten days of accrued vacation leave. In addition, Employee
1
shall accrue vacation leave beginning with fifteen days annually and thereafter in
any greater amounts in accordance with the City's personnel policies. Employee
will be subject to the annual maximums as established in the City's personnel
policies.
7. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by
other non-union employees.
8. GENERAL INSURANCE. Employer shall provide Employee the same group
hospital, medical, dental, life and disability insurance benefits as provided to all
other non-union employees. The Employee shall be responsible for insurance
coverage costs pending any waiting period or eligibility limitation for enrollment
in the City plan.
9. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the
professional dues and subscriptions for Employee which are necessary for
Employee's continued participation in national, regional, state and local
associations (ICMA, MCMA) necessary and desirable for Employee's continued
professional participation, growth and advancement.
10. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay the
travel and subsistence expenses of Employee for professional and official travel,
meetings and occasions adequate to continue the professional development of
Employee and to adequately pursue necessary official and other committees
thereof which Employee serves as a member. Employee shall seek prior Council
approval for any professional development activity that necessitates out of state
travel or registration and/or expenses in excess of$500. Employee shall use good
judgment in his outside activities so he will not neglect his primary duties to the
Employer.
11. CMC CLUB MEMBERSHIP. Employer recognizes the desirability of
representation in and before civic and other organizations. Employee is
authorized to become a member of such civic clubs or organizations as approved
by the Council at Employer's expense.
2
12. AUTOMOBILE. Employee shall be paid a monthly allowance of $300 effective
April 1, 2005 for use of his personal automobile for Employer business, and shall
comply with all applicable rules and regulations regarding automobile allowances.
13. GENERAL EXPENSES. Employer shall reimburse Employee miscellaneous
job related expenses which it is anticipated Employee will incur from time to time
when provided appropriate documentation.
14. HOURS OF WORK. It is understood that the position of City Administrator
requires attendance at evening meetings and occasionally at weekend meetings. It
is understood by Employee that additional compensation and compensatory time
shall not be allowed for such additional expenditures of time. It is further
understood that Employee may absent himself from the office to a reasonable
extent in consideration of extraordinary time expenditures for evening and
weekend meetings at other than normal working hours.
15. TERMINATION BENEFITS. In the event that Employee is terminated by the
Employer during such time that Employee is willing and able to perform the
duties of City Administrator, then in that event, Employer agrees to pay Employee
at the time of receipt of his last pay check a lump sum cash payment equal to six
(6) months aggregate salary and to continue to provide and pay the employer
contribution for the benefits set forth in paragraph 8 for a period of twelve (12)
months following termination. Any payment of accrued vacation and sick leave
shall be limited to that amount payable to other City employees as provided in the
City's personnel policies. However, in the event Employee is terminated because
of his conviction for an illegal act of employee, then Employer shall have no
obligation to pay the termination benefits. .
If Employer at any time during the employment term reduces the salary or
other financial benefits of Employee in a greater percentage than across-the-board
reduction for all non-union employees, or if Employee resigns following a formal
suggestion by Employer that he resign, then Employee may, at his option, be
deemed to be "terminated" on the effective date of Employee's resignation and
the Employee shall also be entitled to receive the termination benefits set forth
above.
3
If Employee voluntarily resigns his position with Employer, Employee agrees to
give the Employer thirty (30) days advance notice. If Employee voluntarily
resigns his position with Employer, there shall be no termination pay due to
Employee other than payment for accrued vacation and sick leave consistent with
the City's personnel policies.
16. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of Employer to terminate
the services of Employee at any time, for any reason, subject only to the
provisions of this Agreement and statutory requirements. Furthermore, nothing in
this Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign at any time from his position with Employer, subject only to
the provisions of this Agreement.
IN WITNESS WHEREOF, Employer has caused this Agreement to be signed
and executed on its behalfby its Mayor and City Attorney, and Employee has
signed this Agreement, in duplicate, the day and year first written above.
EMPLOYER:
CITY OF ,,:FARMING ON
B :/ ./. (/ ~ --
r Kevan A. Soderberg~
<2f32L
Its City Attorney
4
Attachment B-- Release
RELEASE
1. DEFINITIONS. I intend all words used in this Release to have
their plain meaning in ordinary English. Technical legal words are not needed to
describe what I mean. Specific terms I use in this Release have the following
meamngs:
A. 1 me. and my include both me and anyone who has or obtains
any legal rights or claims through me.
B. City as used herein, shall at all times mean the City of
Farmington, a Minnesota municipal corporation, the present or former elected
officials, city manager, administrators, employees, and agents of any of them,
whether in their individual or official capacities, any pension or other benefit plan
applicable to the employees or former employees of City in their official and
individual capacities.
C. My Claims mean all of the rights I now have to any relief of
any kind from City, whether or not I now know about those rights, arising out of
my employment with City and my termination of employment, including but not
limited to claims for violation of the Minnesota Human Rights Act, the Age
Discrimination in Employment Act, or other federal, state, or local civil rights
laws based on age or other protected class status; veteran's preference rights;
breach of contract; fraud or misrepresentation; defamation; intentional or negligent
infliction of emotional distress; breach of the covenant of good faith and fair
dealing; promissory estoppel; negligence or other breach of duty; wrongful
termination of employment; retaliation; harassment; breach of public policy; my
conduct as a "whistleblower"; failure to pay wages or benefits; and any other
claims for unlawful employment practices whether legal or equitable. My Claims
also means any claims I could bring in any forum or court or pursuant to any
grievance procedure. However, this Release shall not affect any claims which
could be made under any welfare benefit plan or any pension or retirement plan
through City.
2. AGREEMENT TO RELEASE MY CLAIMS. I am receiving a
substantial amount of money paid by City. In exchange for these payments, I agree
to give up all My Claims against City. I will not bring any lawsuits, file any
charges, complaints, or notices, or make any other demands against City based on
My Claims. The money I am receiving is a full and fair payment for the release of
all My Claims. I acknowledge that City does not owe me anything, directly or
indirectly, in addition to what I will be receiving.
3. ADDITIONAL AGREEMENTS AND UNDERSTANDINGS. I
understand that I may rescind (that is, cancel) this Release and the Separation
Agreement to which it is attached within seven (7) calendar days of signing it to
reinstate federal claims under the Age Discrimination in Employment Act and
within fifteen (15) calendar days of signing it to reinstate state claims under the
Minnesota Human Rights Act and Minnesota Statutes 465.722, Subd. 4. To be
effective, my rescission must be in writing and delivered to City in care of Joel
Jamnik, City Attorney, at the following address; Campbell, Knutson, Professional
Association, 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121,
either by hand or by mail within the relevant rescission period. If sent by mail, the
rescission must be:
(1) postmarked within the 7-day or IS-day period;
(2) properly addressed to City; and
(3) sent by certified or registered mail, return receipt requested.
I have read this Release carefully and understand all its terms. I have had an
opportunity to discuss this Release and the Separation Agreement to which it is
attached with my own attorney and have fully negotiated this Release and the
Separation Agreement with City. In agreeing to sign this Release, I have not relied
on any statements or explanations made by City, its representatives or attorneys.
I understand and agree that this Release and the Separation Agreement to
which it is attached contain all the agreements between City and me. We have no
other written or oral agreements.
Dated: q/I<<t
,2005.
Subscribed and sworn to before me
this /'6"+4day of ~~, 2005.
e,,~.;a, ~er~
N6TARYPUBLIC
CYNTHIA A. MULLER
NOTARY PUBLIC - MINNESOTA
My Commission Expires 01.31-2010
Attachment C- Text of Reference letter to be printed on City letterhead and signed
by the Mayor.
DATE
To Whom It May Concern:
I am writing to recommend David Urbia, former Administrator of the City of
Farmington, Minnesota for the position for which he is being considered in your
organization.
David was City Administrator for about 2 years. He is very dedicated with the
highest ethical standards. He has a high degree of integrity and is respected by the
community.
Dave has worked in a challenging environment for these past two years, dealing
with the demands of a council in transition and significant substantive issues
including large-scale residential and commercial developments and a complicated
high school siting issue.
During his tenure in Farmington, Dave oversaw a total annual budget in excess of
$20 million dollars; managed several million dollars worth of infrastructure
improvements to address the ever increasing growth of the community;
coordinated strategic planning efforts among staff and the City Council; provided
direction to staff without micromanaging, and worked to improve communication
between administrative staff and Council. His education, work experience and
management accomplishments are exemplary.
Dave has been very active in the community and has demonstrated a commitment
to the City. He belongs to a number of organizations and has volu~teered time to
assist with tax preparation for certain qualified residents and also serves our
country as a member of the Navy Reserve.
His service to the Community and City of Farmington is much appreciated.
Sincerely,
Mayor Kevan A. Soderberg
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members
FROM:
Robin Roland, Finance Director
SUBJECT:
Removal of amount assessed and deferred against incorrect parcel
DATE:
September 6, 2005
INTRODUCTION
A 1992 assessment for Project 92-8, 195th Street Improvements, was assessed using an
incorrect parcel identification number (Pill). The incorrectly assessed parcel is in the
process of being subdivided and sold. This assessment needs to be removed before'lthe
subdivision and subsequent sale can take place.
DISCUSSION
The deferred assessment for one parcel for Project 92-8 was incorrectly assessed against
Pill 14-02500-010-57. This Pill did not match the legal description of the parcel that
should have been assessed (W Yz ofNE ~, Sec 23, Twn 114, Rge 20). The correct Pill
for this legal description is 14-02300-010-12. This parcel has since been subdivided into
what is currently the Troyhills development.
Parcel 14-02500-010-57 is a Green Acres parcel that is currently in the process of being
subdivided and sold. The assessment for this project, in the amount of$3,195.81, should
not have been assessed against this parcel, and therefore the assessement should be
removed and forgiven
BUDGET IMPACT
The bonds for Project 92-8 have been satisfied, so there is no impact to the current
budget.
ACTION REQUESTED
Remove the assessment from parcel 14-02500-010-57 and forgive the assessment in lieu
of reassessing against the Troyhills development parcels.
Finance Director
~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
/h
TO:
Mayor, Councilmembers and Acting City Administrator ~
FROM:
Lisa Shadick, Administrative Services Director
SUBJECT:
Approve On-Sale Beer License - Farmington Billiards
DATE:
September 6, 2005
INTRODUCTION
City Ordinances 3-2-5 states that the Council has the authority to approve an On-Sale Beer
license.
DISCUSSION
Farmington Billiards, 933 8th Street, has submitted an application for an On-Sale 3.2 beer
license. The appropriate forms, fees and insurance information have been submitted with the
application. The Police Department has reviewed the forms and approved the application for
Issuance.
BUDGET IMPACT
The fees collected are included in the revenue estimates of the budget.
ACTION REQUESTED
Approve an On-Sale Beer license for Farmington Billiards.
Respectfully submitted,
~/!4A.adL.
Lisa Shadick
Administrative Services Director
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111 . (651) 463-2359
www.ci.farmington.mn.us
//'
TO:
Mayor, Councilmembers and Acting City Administrator~
Lena Larson ~""
Public Works Administrative Assistant ]:::::.J-'"
FROM:
SUBJECT:
Adopt Resolution Accepting Donations for Pollution Prevention Day - Parks and
Recreation Department
DATE:
September 6, 2005
INTRODUCTION
Donations for Pollution Prevention Day have been received from Dakota Electric Association and
Aquila.
DISCUSSION
Dakota Electric Association has once again agreed to sponsor Pollution Prevention Day with a
generous donation of $1000. In addition to the donation, they will be participating by providing a
presenter. Aquila has also generously donated $100 in support of the 9th annual Pollution Prevention
Day.
The event will be held in Rambling River Park on Friday, September 16,2005. Pollution Prevention
Day has been held for Farmington students since 1997. For 2005, staff is anticipating more than 500
4th grade participants.
Staff will communicate the City's appreciation on behalf of the Council to Dakota Electric
Association and Aquila for their support of Pollution Prevention Day.
ACTION REQUESTED
Approve the attached resolution accepting the donations from Dakota Electric Association and
Aquila.
Respectfully Submitted,
~~
~
Lena Larson
Public Works Administrative Assistant
RESOLUTION No. R -05
ACCEPTING DONATION OF $1000 FROM DAKOTA ELECTRIC
ASSOCIATION FOR POLLUTION PREVENTION DAY
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 6th day
of September, 2005 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Dakota Electric Association has donated $1000 towards Pollution
Prevention Day; and
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
the generous donations of $1 000 from Dakota Electric Association to be used for
Pollution Prevention Day.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 6th day of September 2005.
Mayor
Attested to the
day of September 2005.
City Administrator
SEAL
RESOLUTION No. R -05
ACCEPTING DONATION OF $100 FROM AQUILA
FOR POLLUTION PREVENTION DAY
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day
of September, 2005 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, Aquila has donated $100 towards Pollution Prevention Day; and
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
the generous donation of $1 00 from Aquila to be used for Pollution Prevention Day.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 6th day of September 2005.
Mayor
Attested to the
day of September 2005.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Mayor, Councilmembers \(\)
Acting City Administrator ~
Ken Kuchera, Fire Chief
FROM:
SUBJECT:
New Fire Department Rescue Truck Pre-Paint Inspection
DATE:
September 6, 2005
INTRODUCTION
The Fire Department Rescue Truck Committee has been notified by the manufacturer to
make arrangements to view / inspect the new rescue truck at their facility per their
schedule on September 28,29 and 30, 2005.
DISCUSSION
On September 20, 2004, Council awarded the bid to manufacture the new budgeted
rescue truck to E-ONE Manufacturing, Orlando, Florida. The Fire Department Rescue
Truck Committee extended in excess of one year in time to research, review and compile
the bid document that was provided to potential bidders. The bid opening took place on
August 9, 2004. Four (4) manufacturers bid this vehicle. The bid document includes
language identifying the need for the committee to make one visit at the cost of the City
to view / inspect the vehicle labeled as the pre-paint inspection. At that time, the entire
bid specification will be reviewed and compared to the vehicle with needed corrections /
changes addressed prior to the vehicle being sent forward to be painted. This will be the
only visit made to the manufacturers location prior to delivery ofthe unit to us scheduled
in late October of this year. The complexity ofthis vehicle required the committee to
assign specific assignments to committee members to research. The end result was the
completion of a very thorough point specific bid document. I am requesting approval to
allow four (4) members ofthe committee to travel to the manufacturers' location to
complete the inspection. This unit will serve the needs of our community and our
contracted areas for a minimum of 20 years.
BUDGET IMPACT
This is included in the budgeted purchase amount and in the Fire Department budget.
ACTION REQUIRED
Approve the request as presented.
~,
;J
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
)*
TO:
Mayor, Councilmembers ~ \
Acting City Administrator ~
Ken Kuchera, Fire Chief
FROM:
SUBJECT:
School and Conference - Fire Department
DATE:
September 6, 2005
INTRODUCTION
The Fire Department is planning attendance at the Minnesota State Fire Chiefs' Conference.
DISCUSSION
Mr. Ken Kuchera and Mr. Tim Pietsch will be attending the conference in St. Cloud from
October 19 - October 22,2005. The conference provides the leadership of the department an
opportunity to attend workshops and view the latest in technology from the vendors. They will
be attending courses on chiefs' issues, emergency development, and professional development.
BUDGET IMPACT
Approved in the 2005 budget.
ACTION REQUESTED
Approve attendance at the Minnesota State Fire Chiefs' Conference.
Respectfully submitted,
;(~~~~
~
Ken Kuchera
Fire Chief
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/1
TO:
Mayor, Councilmembers and Acting City Administrator ~
Randy Distad, Parks and Recreation Director
FROM:
SUBJECT:
Approve Soil Testing Proposal
DATE:
September 6, 2005
INTRODUCTION
The master plans for Meadowview, Vermillion Grove and Middle Creek Parks identify boardwalks to
be constructed through wetlands that will provide trail connections to these parks for residents to
~
access.
DISCUSSION
Staff has been working with Bonestroo to develop plans and specifications for the future construction
of three boardwalks identified previously. Before the plans and specifications can be developed
however, soil testing needs to be completed in order to determine what kind of soils exist and how this
may impact the design of the boardwalk foundation support and other boardwalk constructability
issues. American Engineering Testing, Inc. (AET) has submitted a geotechnical services proposal for
this work and a copy of their proposal has been attached for your review. AET is proposing to take a
total of eight samples at a planned depth of 21 feet each in the three wetlands. These samples will be
taken as close as possible to where the boardwalks have been conceptually identified to be constructed
in the wetlands.
As noted in the proposal, the City has a previous contract agreement with AET for professional
services dated June 27,2000 and has performed soil testing for many City projects including the 195th
Street Feasibility Study, Spruce Street Bridge Crossing Study and the Flagstaff Avenue Feasibility
Study. The proposal from AET for these services is in an amount not to exceed $6,700.00.
BUDGET IMPACT
Funding is available in the Park Improvement Fund budget to cover the cost of the geotechnical
services proposed by AET.
ACTION REQUESTED
Approve the proposal submitted by AET regarding geotechnical services that they will provide to the
City for future boardwalk construction locations in wetlands.
~~
Randy Distad,
Parks and Recreation Director
A AMERICAN
ENGINEERING
TESTING, INC.
CONSULTANTS
. GEOTECHNICAL
. MATERIALS
. ENVIRONMENTAL
August 26, 2005
City of Farmington
325 Oak Street
Farmington, MN 55024
Attn: Randy Distad
RE: Proposal for Geotechnical Services
BoardwalklWetland Areas, Farmington Trail System, Farmington, Minnesota
Dear Mr. Distad:
Per our August 23 meeting and visits to the sites, we are submitting this cost proposal for the
following scope:
Scope
Fieldwork
· Drill eight standard penetration test (SPT) borings in potential boardwalk areas within
the three subject parks to planned depths of 21 ' .
· An all-terrain vehicle will be used for the work, although we understand clearing and
trail grading leading up to these areas will be conducted this fall (prior to or in
conjunction with our work).
· The proposed boring locations appear on Figures 1, 2 and 3.
· Clear underground public utilities through the Gopher State One-Call System.
· Determine boring locations using GPS.
· No measuring of surface elevations is planned by AET.
Laboratory
· Conduct geotechnical soil index testing ($200 budget).
This document shall not be reproduced, except in full, without written approval of American Engineering Testing, Inc.
550 Cleveland Avenue North. St. Paul, MN 55114 .651-659-9001 . Fax 651-659-1379
Duluth . Mankato . Marshall . Rochester. Wausau . Rapid City. Pierre. Sioux Falls
AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER
City of Farmington
August 26, 2005
Page 2 of3
Report
· Logs of test borings, along with drilling methods and classification procedures.
· Review of soil conditions and engineering properties.
· Recommendations/opinions regarding boardwalk foundation support, alternate trail
options, if a boardwalk is not considered necessary, grading needs, and comments on
constructability issues.
The scope of work defined in this proposal is intended for geotechnical purposes only, and not
to explore for the presence or extent of environmental contamination at the site. However, we
will note obvious contamination encountered.
Fee
Our services will be performed on a time and materials basis in accordance with our current
fee schedule, a short-form copy of which is attached. We will establish $6,700 as a not-to-
exceed fee for the scope described. We will gain your prior approval if increased costs are
needed for an expanded scope, such as if significantly deeper borings are needed.
Schedule
Based on our current backlog, we anticipate drilling can be performed within about two to
three weeks after receiving authorization to proceed. However, it will be necessary to perform
the work after trails have been cleared in some areas. Verbal results can be provided shortly
after drilling. The report should typically follow the fieldwork by about two to three weeks.
Terms/Conditions
Our services will be performed per the "Contrac t Agreement Between The City of Farmington
and American Engineering Testing, Inc. For Professional Services" dated June 27, 2000.
Acceptance
Please indicate your acceptance of this proposal by endorsing one of the enclosed copies and
returning it to us.
City of Farmington
August 26, 2005
Page 3 of 3
Remarks
If you have questions or need additional information, please do not hesitate to contact me.
Sincerely,
K. ti;~
effery K. V oyen, PE
Vice President, Geotechnical Division
Phone #651-659-1305
Fax #651-659-1347
jvoyen@amengtest.com
Attachments:
Figure 1 - Proposed Boring Locations- Middle Creek Park
Figure 2 - Proposed Boring Locations- Vermillion Grove Park
Figure 3 - Proposed Boring Locations- Meadowview Park
2005 Geotechnical Fee Schedule
cc: Bonestroo, Rosene, Anderlik & Associates, Inc.
Attn: Gary Morien
City of Farmington
Attn: Lee Mann
PROPOSAL ACCEPTANCE BY:
Signature:
Printed Name:
Date:
--
AMERICAN
ENGINEERING
TESTING, INC.
I
o
NORT~
I
300ft
PROJECT
Farmington Trails- Boardwalk Areas
Fannin ton, Minnesota
SUBJECT
Pro osed Borin Locations- Middle Creek Park
SCALE
shown
DRAWN BY
JKV
CHECKED BY
AET JOB NO.
N/A
DATE
August 26,2005
Figure 1
AMERICAN
ENGINEERING
TESTING, INC.
ROUQ
PROJECT
,
400ft
Farmington Trails- Boardwalk Areas
Fannin on, Minnesota
AET JOB NO.
N/A
SUBJECT
Pro osed Borin Locations- Vermillion Grove Park
SCALE
shown
DATE
August 26, 2005
DRAWN BY
JKV
CHECKED BY
Figure 2
~
,
o
.
250ft
I
500ft
If 0 R 'lQ
, .
.
.
.
.
.
I
.
I
I
.
.
I
.
I
.
I .
I
.
I.
I
.
.
.. .
s: .
r ·
.. .
. .
,:
=
FUTURE
DEVELOPMENT
PROJECT
Farmington Trails- Boardwalk Areas
Farmin n, Minnesota
AET JOB NO.
N/A
AMERICAN
ENGINEERING
TESTING, INC.
SUBJECT
Pro osed Borin Locations- Meadowview Park
DATE
August 26, 2005
SCALE
shown
DRAWN BY
JKV
CHECKED BY
Figure 3
- ------ --------------
..
2005 GEOTECHNICAL FEE SCHEDULE
4
I. Enl!ineerinl!lTeclmica1 Personnel Rates 2. Diamond Bit - Metamorphic & Igneous
A. Word Processing Specialist SO.OO/hr a) B,NQ 17.00/foot
B. Drill Technician/Lab Technician 72.00/hr b) HQ 20.00/foot
C. Senior Engineering Technician 77 .OO/hr
D. Engineering Assistant 86.00/hr IV. Laboraton Tests of Soil
E. Engineer I1Geologist I 92.00/hr .Tests subcontraaed to SEI'
F. Engineer llIGeologist IT 10S.001hr A. Water Content 13.oo/test
G. Senior Engineer/Geologist 117.oolhr B. Dry Density (includes water content) 4S.oo/test
H. Principal Engineer/Geologist 141.oolhr C. Atterberg Limits (ASTM:D4318)
1. Plasticity Index 96.oo/test
ll. Vehicle MDe&2e 2. Liquid Limit or Plastic Limit 7O.oo/test
A. Personal AutomobilelTruck O.SO/mile Separately
B. Auxiliary Truck O.68/mile D. Shrinkage Limit (ASTM:D427) .
C. I-ton Truck with Drill Rig 0.88/mile E. Sieve Analysis (includes -#2(0) SO.oo/test
D. llh-ton to 21h-ton Truck with Drill Rig 1.03/mile F. Hydrometer Analysis (sieve included) 220.oo/test
E. CPT Truck Rig (2O-ton push capacity) 1.14/mile G. Specific Gravity (ASTM:D8S4) .
F. Tractor/Lowboy Trailer 1.3S/mile H. Hand penetrometerrrorvane 10.oo/test
I. Unconfined Compression 67.00/tcst
m. Site ExoloratiOD Eauioment Rental J. Consolidation - Primary Consolidation .
A. Drill Rig Rental Curve up to 32 tsf (ASTM:D243S)
1. Rotary Drill on 4WD I-ton Truck S4.00/hr K. Direct Shear Test .
2. Rotary Drill on 2WD llh to 21h-ton Truck 63.001hr L. Triaxial Compression Test .
3. Rotary Drill on All-Terrain Vehicle 93.oolhr M. Penneability Tests .
4. Portable, Non-rotary Rig 63.001hr N. TestS of Expansive Soils .
B. Auxiliary Vehicle Rental l3.SOIhr O. Electric Resistivity 7S.oo/test
C. Cone (CP'l) RiglEquipment Rental P. Organic Content of Soil 68.oo/test
1. CPT Truck Rig (20-ton push capacity) l14.oo/hr Q Topsoil Borrow Test (MnIOOT 3877) 3OO.00/test
2. All-Terrain Rig (lO-ton push capacity) 93.00/hr R. R-value (Hveem Stabilometer) 320.00/test
3. Electronic Cone or Piczocone w/Computer 33.001hr S. California Bearing Ratio
4. Soil Sampler 3.00/hr 1. Granular SSO.OO/test
S. Water Sampler 20.oo/hr 2. Cohesive 620.00/test
D. Geotechnical Equipment Rental T Miscellaneous
1. Field Vane Shear 260.00/day 1. Thin-wall Samples (extrusion only) 2S.00/tube
2. Inclinometer Reading Equipment 270.00/day
3. Pneumatic Transducer Reading l3S.oo/day V. ExPenses
Equipment (pore pressure, settlement A. Direct Project Expenses: includes out-of- Cost + 15%
or earth pressure) town per diem; plowing & towing; special
4. Bore Hole Permeability materials & supplies; special travel,
a. Open End Casing Method 95.00/day transportation & freight; subcontracted
b. HQ Wireline Packer 260.00/day services, and miscellaneous costS
5. Borehole Pressuremeter 4S.001hr B. Equipment Replacement (when abandonment Cost
6. Iowa Borehole Shear Tester 29S.00/day is more feasible than recovery)
7. Double Ring Infiltrometer 20S.oo/day C. Equipment Recovery (when required by Cost + lS%
8. OPS Mapping System Equipment l2.00lhr regulatory agencies or project specifications)
9. Pile Driving Analyzer (PDA) 620.00/day
10. Auxiliary PDA Equipment VI. Exoert Witness Service Rates
a. Generator 37.00/day A. Litigation Preparation l83.oolhr
b. Calibrated SPT Rod l5S.00/day B. Deposition or Court Time 226.001hr
E. Geotechnical Software Rental (4-hour minimum)
1. Finite Element (seepage or deformation) 55.001hr
2. CAPWAP 30.001hr The rates presented are portal-to-portal with vehicle mileage, expenses and
3. Wave Equation 15.00/hr equipment rentals being additional.
4. L-Pile IS .OOIhr
5. Slope Stability l5.001hr Ovenime for personnel charged at above cost plus 2S % for over 8 hours per
6. Stabilized Earth Slopes & Walls l5.001hr day or Saturday; and at above cost plus 50% for Sundays or Holidays.
F. Bit Wear Hazardous work charged at an additional 2S %. Night time shift work will
1. Diamond Bit - Sedimentary Rock include a premium charge of $30.00 per person per shift.
a) B,NQ lO.OO/foot
b) HQ 12.00/foot
o lDPM021(O1I0S)
AMERICAN ENGINEERING TESTING, INC.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO: Mayor, Council Members, Acting City Administrator ~
FROM: Lisa Shadick, Administrative Services Director
SUBJECT: Customer Service Response Report
DATE: September 6,2005
INTRODUCTION
~
The customer service satisfaction program is designed to evaluate and measure the level of
customer satisfaction during service-related interactions. Citizen service requests are
documented in terms of complaint type, referring department, priority and service outcomes.
Survey responses are typically anonymous to ensure that citizens with negative experiences are
just as likely to respond as those with positive service experiences. It is the City's intent to use
this information as a customer service tool to improve and promote excellence in customer
servIce.
DISCUSSION
The table below reflects summary statistics generated by Customer Action Request forms for the
first six months of2005. Summary response percentages are generated through the analysis of
monthly reports and include response data from all operating City departments.
# of # of Surveys Prompt Personally Courteous
Month Service Returned Service Satisfied & Helpful
Requests (actual responses) (actual responses) (actual responses)
January 138 12 100% 91% 100%
February 86 11 81% 63% 100%
March 82 10 90% 90% 100%
1 stQuarter
Summary 306 33 91% 81% 100%
April 75 20 100% 100% 100%
May 70 18 94% 100% 100%
June 111 15 85% 80% 100%
2DdQuarter
Summary 256 53 93% 93% 100%
# of # of Surveys Prompt Personally Courteous
Month Service Returned Service Satisfied & Helpful
Requests (actual responses) (actual responses) (actual responses)
Semi Annual
Summary
562
86
92%
87%
100%
The percentages above reflect the number of actual surveys that indicated a response in any
given category. Calculations are based on the actual numbers of responses received, which may
differ from the number of surveys received. Some respondents did not indicate answers to all
survey questions.
In terms of how personally satisfied a resident is with a specific service outcome, staff responses
are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or
service priorities. In some cases, responses are a function of a third party who must respond to a
given situation.
On average, ninety six percent (96%) of citizen requests for service are handled and addressed
within a 1-3 day period for the first quarter, 94% for the second quarter and 95% for the first six
months.
BUDGET IMPACT
None.
ACTION REQUESTED
Acknowledge the Customer Service Satisfaction report data from January through June 2005.
Staff will continue to present customer service satisfaction data to Council as it becomes
available. Monthly report data with department breakdowns are available for Council review
upon request.
Respectfully submitted, I
~~/tAq~
Lisa Shadick
Administrative Services Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
~
TO:
Mayor, Councilmembers, Acting City Administrato~
FROM:
Lisa Shadick, Administrative Services Director
SUBJECT:
Certified Local Government Scholarship Grant -Preservation Conference
DATE:
September 6, 2005
INTRODUCTION
Members of the Heritage Preservation Commission (HPC) respectfully request Council's
approval of a Certified Local Government Scholarship Grant for the 26th Annual Statewide
Preservation Conference in Duluth, Minnesota on September 14-16,2005.
DISCUSSION
The City of Farmington has been designated a Certified Local Government (CLG) by the Federal
government and therefore has been given the responsibility of implementing historic
preservation in Farmington. As a requirement of maintaining Certified Local Government status,
the City is required to attend the annual Preservation Conference. This year the conference is to
be held in Duluth from September 14th through September 16th, 2005 and will feature
presentations, workshops and field trip that promote preservation at the local level.
Minnesota Preservation Conference scholarships are available through the Federal government
and the Minnesota Historical Society. The HPC Chairperson, Ms. Beverly Preece, has applied
for a Scholarship Grant to offset the costs associated with the conference. However, Ms. Preece
is unable to attend the conference and HPC member Danielle Stuckle will attend on behalf ofthe
HPC.
Attached is a copy of the proposed scholarship grant agreement from the Minnesota Historical
Society.
BUDGET IMPACT
The scholarship grants are based On a 50/50 matching ratio. Matching funds can come from the
CLG as city funds, in-kind match, or costs borne by the attendee.
In the past, the City of Farmington has sent an HPC member to the Statewide Preservation
Conference and has paid only the registration fee. Per the budget outlined in the grant agreement,
the Grant awarded would be $361.00 and the City's portion will consist of a cash match of
$31.00 and in-kind services of$330.00.
ACTION REQUESTED
Approval of the Certified Local Government Scholarship Grant for HPC Member Stuckle to
offset costs associated with the Statewide Preservation Conference in Duluth September 14-16,
2005.
Respectfully submitted,
~tl~~
Lisa Shadick
Administrative Services Director
MINNESOTA HISTORICAL SOCIETY
CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT
ACCOUNT
NUMBER
0284
FISCAL
YEAR
2005
OBJECT
CODE
5720
FEDERAL PROJECT DOLLAR AMOUNT
NUMBER
27-05-20425.019 $361 HPF grant funds
This Agreement is made by and between the Minnesota Historical Society hereinafter called the
Society), and the City of Farmington (hereinafter called the City), pursuant to authority granted by
the National Historic Preservation Act of 1966, as amended.
WHEREAS, pursuant to the Act, the Society has been allocated funds by the United States
Department of the Interior for use by Certified Local Governments for qualifying historic
preservation activities; and
WHEREAS, the City has applied for and been granted Certified Local Government Status and has
made application for Certified Local Government funds to be utilized in carrying out the project
described below,
NOW, THEREFORE, in consideration of and in reliance upon the mutual covenants and
agreements contained herein, the parties hereto do covenant and agree, each for themselves and their
respective successors and assigns, to carry out the project under the following provisions.
I. PROJECT DESCRIPTION
A. Beverly Preece, the chair of the city's heritage preservation commission, will attend the
Preserve Minnesota Annual Statewide Historic Preservation Conference in Duluth
September 14 and 16, 2005.
B. The project period is September 13 to September 17, 2005.
C. The Society will reimburse the City for the costs identified in budget outlined below,
following submittal of materials as described in Section ill of this Agreement.
D. The budget is as follows:
UDGET ITEM
Cost/rate per
erson
$75
354 miles $.31
$89/night x 2 nights
$15/da for 2 days
$15/hr x 22 hr
Number of
eo Ie
1
1
1
1
1
Grant
Award
$75
$109
$177
Match
$1
$30
$330
$361 $361
CLG Grant Agreement
II. ASSURANCES
A. The City assures that this project will be administered and conducted in accordance
with the following:
1. OMB Circular A-87 "Cost Principles Applicable to Grants and Contracts with
State and Local Government" and OMB Circular A-102 (revised) "Uniform
Requirements for Assistance to State and Local Governments."
2. Department of the Interior regulations 43 CFR Part 12, Subpart C - "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments."
3. The "Single Audit Act of 1984."
4. Historic Preservation Fund (HPF) Grants Manual (previously known as National
Register Programs Guideline NPS-49).
B. The City acknowledges that this project is being supported, in part, with funds from
the United States Department of the Interior. As a condition of receiving such funds,
the City assures compliance with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.
The violation of this section is a misdemeanor pursuant to Minnesota Statutes.
This Agreement may be canceled or terminated by the Society, and all money due, or
to become due hereunder may be forfeited for a second or any subsequent violation
of the terms of this section.
C. The City will indemnify and save and hold the Society and the Department of the
Interior harmless from any and all claims or causes of action arising from the
performance of this project by the City.
D. The City agrees to make repayment of grant funds to the Society ifterms and
conditions of this Agreement are not followed or costs claimed are subsequently
disallowed.
E. The City, in accordance with provisions of 18 USC 1913 regarding lobbying, assures
that no part of grant budget will be used directly or indirectly or to pay for any
personal service, advertisement, telegram, telephone, letter, printed or written matter,
or other device intended or designed to influence in any manner a member of
Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation
by Congress, whether before or after the introduction of any bill or resolution
proposing such legislation or appropriation. This shall not prevent communicating to
members of Congress on the request of any member or to Congress, through the
proper official channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Page 2
eLG Grant Agreement
Once this Agreement is signed, it controls all activities during the project time period.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the
date(s) indicated below intending to be bound thereby.
Minnesota Historical Society
345 Kellogg Boulevard West
Saint Paul, Minnesota 55102
City of Farmington
Nina M. Archabal, Director
Minnesota Historical Society and
State Historic Preservation Officer
(date)
signature (authorized official)
(date)
(print name and title)
Britta L. Bloomberg (date)
Deputy State Historic Preservation Officer
(signature- project director)
(date)
(print name)
(date)
Kathryn Ludwig
MHS Contract Officer
Page 4
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO: Mayor and Councilmembers
FROM: Robin Roland
Acting City Administrator
SUBJECT: Supplemental Agenda
DATE: September 6, 2005
It is requested the September 6, 2005 agenda be amended as follows:
CONSENT AGENDA .
70)
Accept Quote Sidewalk Replacement - Engineering
Award the contract for the 2005 Sidewalk and Curb Replacement Project to Garvey
Construction Inc. in the amount of$12,766.80.
ADD7q)
Adopt Joint Resolution - Farmington Business Park Parcels in Castle Rock
Township - Community Development .
Two parcels in Canton Court were inadvertently omitted from the legal description
when the Farmington Business Park was annexed into the City. This joint resolution
adds those two parcels to the legal description.
Respectfully submitted,
~~-/
Acting City Administrator
70
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
FROM:
Mayor, Councilmembers, City Administrator ~
Lee M. Mann, P.E., Director of Public Works/City Engineer
TO:
SUBJECT:
Award Contract - 2005 Sidewalk and Curb Replacement Project
DATE:
September 6, 2005
INTRODUCTION
Two complete bids and one partial bid were received for the 2005 Sidewalk and Curb Replacement
Proj ect.
DISCUSSION
Of the two complete bids, Garvey Construction Inc. has submitted the lowest bid for the 2005
Sidewalk and Curb Replacement Project in the amount of $12,766.80 (See attached tabulation of
bids). The budgeted amount for the sidewalk and curb replacement in 2005 is $17,000.00.
BUDGET IMPACT
The project will be funded through the City's Street Maintenance budget.
ACTION REQUESTED
Authorize by motion the award of contract for the 2005 Sidewalk and Curb Replacement Project to
Garvey Construction Inc. in the amount of$12,766.80.
Sincerely,
~ Yvtfv1~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
\,
~
~
~1l
.~ .~
.::::l ~
~ ~ ~
.... ~ . ~
1 ~~ ~ i
t: :;:: 5 :;::
<ll .0 c"i 0
<:.) tl I . ''::;:
-S-S. ~~
~ 0 ~ .::::l
~~ ~~
.....
CJ
~
.- In
0=
--=
~M
'd'tS
~ --
El ~
~,.Q
~ El
- ~
~Q.
~~
,.Q =
-- 0
:= fI}
U"CS
"CS ...-l
= =
~~
~ 0
- =
~ 0
~~
~ ~
"CS-
...-l :=
OO,.Q
In ~
=~
=
M
0 0 0 0 =
~ 0 or: 00 on 00
<.) 0 ("I -0 -0 iii
..s on 00 0'\ 0 ~
...... \0 0 ~ \0
Q) 00 0 M N \IS
~ ~ - ....
<.)
!:i
0
U ~
f {A {A {A {A (,A
;3 0 on 0 0
0
U 0 ("I - -
'€ E-< 0 0\ ..,; 0
...... on - ~
0 5 \0
Z
{A {A {A {A
0 0 0 0 =
0 0 00 ~ go
~ 0 0\ N on ...c
u M on r-- \0
...... r-- r-- ("I r--
..s 00 r--. ("I. N M
!:i ~ ....
0
'13
~ ~
!:i {A {A {A {A (,A
0
U 0 0 0 0
~ 0 - '"": ~
E-< 0 r.: - on
...... - M
c:l 5
{A {A {A {A
- 0 00 on
\0
~ ~ 0'\ ~
o. ("I
CI) -
~ CI
E-<
...... 00 ~ ~ ~
5 ...:l 00 00
~ ~
-a -a
~ ~
"0
i:n "0
Q) i:n
~ ~ ~
....
!:i <.)
:;E 0 !:i U
U --- 0 ---
~ gj U gj Q)
~ ~ - Q) ~
...... \0< c..
Q)
~"O 8"0 ~
- Q) tIS Q) (3
!:i 0...0 - .0 "0
0 ~~ 0...3
.~ ~ ~ =
--... '" ~ ~
~ Q) .- Q) .-
~Q ~Q 0
:E 8"0 8"0 5 Eo-<
0 Q) 0 Q) 0 0
:;E p:::~ p:::~ p::: Eo-<
It)
o
o
~
~
Z
Q)
S
Q)
!:i >
~<
!:i'E
Q)M
~~
00-
!t3~
O~
M
o
M
on
on ("I
~~
\0
~~
'" ---
~~
p:::C
~
("I
o
ton
;3 on
o
U
~8
~ ~
c:lU
.S ~
o~
U("I
U)
.0
<<J
I-
u
iii
~~
.00
8"1
bh~
!:i~
.~ ~
~~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
FROM:
Mayor, Council Members, Acting City Administrato~
Kevin Carroll, Community Development Director
TO:
SUBJECT:
Proposed Joint Resolution - Farmington Business Park Parcels (2) in Castle Rock
Township
DATE:
September 6, 2005
INTRODUCTION
It was recently discovered that there was an error in the legal description that was used in the Joint
Resolution that approved the annexation of the property that is (or will soon be) known as the
Farmington Business Park. This error resulted in the inadvertent omission of two parcels that should
have been included. Correcting this error will require adopting a new Joint Resolution regarding the
two parcels in question.
DISCUSSION
See attached letter (and attachment) from City Attorney Joel Jamnik to Castle Rock Township officials
dated September 1, 2005 for additional background information. The map that is attached [as Exhibit
B of the proposed Joint Resolution] depicts the parcels that were mistakenly omitted from the initial
legal description.
Castle Rock Township Clerk Maralee Rother advised me on September 6 that the Castle Rock Town
Board will take action on the attached Joint Resolution at its meeting on September 13,2005.
RECOMMENDATION
Motion to adopt the attached Joint Resolution.
&nv~
Community Development Director
cc: Castle Rock Township (via fax)
Mr. Colin Garvey (via fax)
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl.
John F. Kelly
Soren M. Mattick
Henry A. Schaeffer, III
Marguerite M. McCarron
Gina M. Brandt
· Also Licensed in Wisconsin
1380 Corporate Center Curve
Suite 317 · Eagan, MN 55121
651~452-5000
Fax 651-452-5550
ww law.com
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6219
E-mail Address:jjamnik@ck-law.com
September 1,2005
HL{ tnY~
Randy Becker, Chair
Castle Rock Township
2412 East 245th Street
Farmington, Minnesota 55024
Maralee Rother, Clerk
Castle Rock Township
25652 Blaine Avenue
Farmington, Minnesota 55024
RE: GARVEY ANNEXATION /FARMINGTONBUSINESS PARK
Dear Chair Becker and Clerk Rother:
Last fall when the City of Farmington and the Township processed the annexation for
Mr. Garvey's property to be developed as the Farmington Business Park the legal
description used in the Joint Resolution for Orderly Annexation for the property was
incomplete, and omitted two 5-acre parcels at the south end of Canton Court. The two
parcels were shown on the map attached to the resolution but because the legal
descriptions were incorrect, the order from the state effected the annexation of only a
30 acre portion of the property sought to be annexed rather than the full 40 acres.
Since a portion of the proposed final plat remains in the Township, Dakota County
will not allow recording of the plat until we resolve the problem.
To correct this error, I have prepared for your review and adoption by the Town Board
the enclosed Joint Resolution for the two omitted parcels. If approved by the Town
Board and Farmington City Council, it will be filed with the state. However, because
this process will take some time, and because Mr. Garvey is interested in selling some
of the lots sooner than the normal annexation process would allow, I have included a
provision granting the City land use authority over the property immediately. This
may be sufficient to allow Mr. Garvey to record the plat prior to [mal state approval of
the annexation.
..
Randy Becker, Chair
Maralee Rother, Clerk
Castle Rock Township
September 1, 2005
Page 2
We appreciate your assistance in clearing up this matter. If you have any questions,
please contact me.
Sincerely,
CAMPBELL KNUTSON
Professional Association
.. --)~2
r. ~'~ ~
~Oel J.
Farmington City Attorney
JJJ :srn
Enclosure
cc: Farmington Mayor and City Council
Robin Roland, Interim City Administrator
Kevin Carroll, Community Development Director
Colin Garvey
Terry Merritt, Castle Rock Township Attorney
TOWN OF CASTLE ROCK
CITY OF FARMINGTON
IN THE MATTER OF THE JOINT
RESOLUTION OF THE TOWN OF
CASTLE ROCK AND THE CITY
OF FARMINGTON, DESIGNATING
AN UNINCORPORATED AREA AS
IN NEED OF ORDERLY ANNEXATION
AND CONFERRING JURISDICTION
OVER SAID AREA TO THE DEPARTMENT
OF ADMINISTRATION, BOUNDARY
ADJUSTMENT OFFICE, PURSUANT TO
M.S. ~414.0325
JOINT RESOLUTION
WHEREAS, by previous joint resolution and agreement entered into between the
City and Township in August 2002, the properties legally described below were included
in the designated orderly annexation area but were not made subject to immediate
annexation, and;
WHEREAS, the owners of property legally described on the attached Exhibit A
previously petitioned the City for connection to City-provided sanitary sewer and water
services and annexation to the City and the City and Township by Joint Resolution R68-
04 agreed to and processed the annexation of the petitioned properties, and;
WHEREAS, the approved Joint Resolution (OA-II00-1) contained an accurate
map of the properties to be annexed but an inaccurate legal description which resulted in
two parcels intended by all the parties to be annexed not being included in the Order
(November 10, 2004, subsequently amended July 29, 2005), and;
WHEREAS, the City of Farmington has reviewed and approved a final plat for
the affected area, and;
WHEREAS, the owner of the subject property and the City and Township desire
to correct the previous error and provide for the immediate platting and annexation of the
properties.
NOW, THEREFORE, the Township of Castle Rock and the City of Farmington
jointly agree to the following:
1. The Township and City hereby establish an Orderly Annexation Area ("OM") as
authorized by Minnesota Statute ~414.0325, Subdivision 1, as shown on the attached
Exhibit B and legally described on Exhibit A, and have determined that the area of the
property involved in this annexation is approximately 10 acres and the population of the
area is currently zero.
113970v02
2. That the purpose of the annexation of the property involved in this annexation is
to facilitate the development of the property to urban densities and to provide urban
services, including city sewer and water services.
3. That in order to facilitate the construction and financing of the improvements
necessary for development that is urban or suburban in character and the efficient
delivery of governmental services, all of the properties should be immediately annexed to
and made part of the City of Farmington.
4. The City and Township agree that upon execution of this Joint Resolution for
Orderly Annexation all planning, official controls, and governmental services for the
annexed area shall become the responsibility of the City, and that final plat for the
Farmington Business Park approved by the City of Farmington is hereby ratified and
approved for filing and recording with Dakota County without further review and
approval by the City or Township.
5. The City and Township also agree that the provisions of Minn. Stat. 99414.035
and 414.036 authorizing differential taxation and municipal reimbursement for the
annexed property will not be applied in this proceeding. Upon approval by the respective
governing bodies of the City and the Township, this joint resolution and agreement shall
confer jurisdiction upon the Director of the Office of Strategic and Long-range Planning
(or his or her successor designee responsible for administering Minnesota Statutes
Chapter 414) so as to immediately annex the lands described in the attached Exhibit A in
accordance with the terms of this joint resolution and agreement without need for any
subsequent resolution(s) of the parties.
6. The City and the Township mutually state that no alteration by the director to the
OAA boundaries, as illustrated on Exhibit B and described in Exhibit A, is appropriate or
permitted.
7. That the annexation of the property will not result in any change of electrical
service and will not require j oint planning since upon final approval of this joint
resolution and issuance of the annexation order by the Director the property will
immediately be fully subject to the official controls and other ordinances of the City of
Farmington, including all land use controls. Further, that differential taxation under M.S.
9414.035, or reimbursement under M.S. 9414.036 is not required.
8. Having designated the area illustrated on Exhibit B and described in Exhibit A as
in need of orderly annexation, and having provided for all of the conditions of its
annexation within this document, the parties to this agreement agree that no consideration
by the director is necessary. The director may review and comment but shall within
thirty (30) days order the annexation in accordance with the terms of this Resolution.
1 1 3970v02
2
Approved and Adopted
this _ day of , 2005.
TOWN OF CASTLE ROCK
BY:
Its Town Board Chair
AND
Its Town Board Clerk
113970v02
Approved and Adopted
this _ day of ,2005.
CITY OF FARMINGTON
BY:
Its Mayor
AND
Its City Administrator
3
EXHIBIT A
Legal description of property subject to immediate annexation:
Parcell: PID 07.00500.080.35
That part of the West 453.75 feet of the East 853.75 feet of the Northeast Quarter of the
Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, lying
south of the North 825.00 feet thereof.
Parcel 2: PID 07.00500.051.35
That part of the East 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5,
Township 113, Range 19, Dakota County, Minnesota, lying South of the North 858.01 feet
thereof, except that part to Castle Rock Township for road purposes.
113970v02
4
MAR- -2005 10:41
:p
I.
E~~
m
r--
i
I
i.:"
\
~ Subject Properties
r....--...--,
: : CIty Boundary
t________~
CITY OF FARMINGTON
651 463 1611
P.06
Exhibit ItB"
EE
I "I I
r I I
n
"'Ug.
..
--
225th Street
N
A
300 0 300 600 Feet
I : --'
J OC(,.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Couocil Members \~ ~
Acting City Administrator ~.
FROM:
Kevin Carroll, Community Development Director
SUBJECT:
Text Amendment to Section 10-2-1 defining LED message signs and Sections 10-6-3(B)(1)
and 1O-6-3(C)(1) of the City Code to allow LED message signs
DATE:
September 6, 2005
INTRODUCTIONIDISCUSSION
Over the last couple of months there have been numerous inquiries about (and or requests for) the installation
of LED (Light Emitting Diode) signs. Both the Christian Life Church and the new K wik Trip on the comer of
Pilot Knob Road and Upper 182nd Street have submitted sign permit applications for signs that include an LED
element. Currently, the City's Sign Code does not address LED signs. They are therefore automatically
prohibited. I have attached to the end of this memorandum the sign permit submittals for both the Christian
Life Church sign and the Kwik Trip sign (Exhibits A and B, respectively).
Planning Commission
A public hearing was held at the July 12,2005 Planning Commission meeting to discuss a possible amendment
to the City's Sign Code to regulate LED signs within the City. At the July 12 meeting, staff presented the
Commission with three perceived issues regarding this type of signage. They were:
(A) Who should be allowed to install LED signs (civic organizations, educational institutions, non-
profit organizations, charitable organizations, commercial entities, all of the above, or none of the
above, etc.)?
(B) What should be the size limitations of such signs and lettering, if allowed?
(C) What type of design features would be allowed for these types of signs (coloring, animation,
scrolling, etc.)?
After significant discussion regarding the above-mentioned issues, the public hearing was continued to the
August 9,2005 Planning Commission meeting in order for staff to prepare a draft ordinance.
For your review and information, I have attached a copy of the memo that staff prepared for the July 12,2005
Planning Commission meeting.
With the input received from the Planning Commission on the above mentioned issues on July 12,2005, staff
drafted the following amendments to the City's Zoning and Sign Codes (all new or added text is underlined):
10-2-1: ZONING DEFINITIONS
LED Message Sign: A sign that displays information. in a stationarv or moving format. by passing electricity
through light-emitting diodes.
10-6-3(B)(I)(v)
(v) LED Message Sign: One (1) LED message sign in the form ofa pylon. monument or wall sign may be
installed on any property which is continually utilized for a civic. educational. non-profit. charitable. religious.
commercial. or industrial purpose. and shall be subiect to the sign area and height requirements for the
underlying zoning districts as specified within Section 10-6-3(B)(2-6) of the Sign Code. The installation of an
LED message sign shall be subiect to the state's electrical code. The electrical service to such sign shall be
underground.
10-6-3(C)(I)
(C) Signs Prohibited: All signs not expressly permitted under this section or exempt from regulation hereunder
in accordance with this section are prohibited. Such signs include, but are not limited to:
1. Rotating, Moving, Animated, Or Flashing Signs: Rotating, moving or flashing signs shall not be
permitted in any district. except as allowed in Section 1 0-6-3 (B)(1 )(v).
The Planning Commission at the August 9, 2005 regular meeting voted 4-1 (nay, Richter) to recommend
approval of the above-referenced text amendments.
It should be noted that staff still has some reservations concerning the amendment being proposed. The
reservations staff have are in reference to aesthetic and safety aspects that may be associated with allowing this
type of signage in our City, as the ordinance as recommended by the Planning Commission is considerably
liberal in regulating LED signs.
ACTION REOUESTED
Motion to either:
1. Adopt the attached ordinance amending Title 10, Chapters 2 and 6 of the City Code to allow LED
SignS' or
Den the ordinance amendment in question; or
Co inue thi atter for further consideration/refinement of the amendment in question.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-2-1 DEFINING LED MESSAGE SIGNS
AND SECTIONS 10-6-3(B)(1) AND 10-6-3(C)(1) ALLOWING LED MESSAGE SIGNS
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Sections 10-2-1, 1O-6-3(B)(1) and 1O-6-3(C)(1) of the Farmington City Code are
amended as follows (new text is underlined):
10-2-1: ZONING DEFINITIONS
LED Message Sign: A sign that displays information. in a stationary or moving format. bv
passing electricity through light-emitting diodes.
10-6-3(B)(1)(v)
(v) LED Message Sign: One (1 ) LED message sign in the form of a pylon. monument or wall
sign may be installed on any property which is continually utilized for a civic. educational. non-
profit. charitable. religious. commercial. or industrial purpose. and shall be subject to the sign
area and height requirements for the underlying zoning districts as specified within Section 10-6-
3(B)(2-6) of the Sign Code. The installation of an LED message sign shall be subject to the
state's electrical code. The electrical service to such sign shall be underground.
10-6-3(C)(1)
(C) Signs Prohibited: All signs not expressly permitted under this section or exempt from
regulation hereunder in accordance with this section are prohibited. Such signs include, but
are not limited to:
1. Rotating, Moving, Animated, Or Flashing Signs: Rotating, moving or flashing signs shall
not be permitted in any district. except as allowed in Section 1 0-6-3(B)(1 )(v).
Enacted and ordained on the _ day of September, 2005.
SEAL
ATTEST:
Approved as to form the _ day of
, 2005.
Published in the Farmington Independent the _ day of
CITY OF FARMINGTON
MAYOR
CITY ADMINISTRATOR
CITY ATTORNEY
,2005.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
\ JoG
Planning Commission N
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Text Amendment to Section 10-2-1 defining LED message signs and Sections 10-6-
3(B)(I) and 10-6-3(C)(I) of the City Code to allow LED message signs.
DATE:
July 12, 2005
INTRODUCTION
Over the last couple of months there have been numerous inquiries/requests for the installation of
LED signs. Both the Christian Life Church and the new K wik Trip currently being constructed on
the comer of Pilot Knob Road and Upper 182nd Street have submitted sign permit applications for
signs that include an LED element. Currently, the City's Sign Code does not address LED signs,
therefore, they are automatically prohibited.
I have attached to the end of this memorandum the sign permit submittals for both the Christian Life
Church sign and the Kwik Trip sign (Exhibits A and B, respectively).
DISCUSSION
Staff believes there are a number of issues that need to be addressed in regards to allowing LED signs
before staff can begin drafting an ordinance regulating such signage. Staff is requesting that the
Planning Commission provide direction to Staff in regards to the following issues:
1. Who should be allowed to install LED signs
a. No one - continue to not allow them at all
b. Civic, Educational, Non-profit, Charitable, Religious, Non-commercial, Commercial,
or Industrial (or any combination of these)
c. Everyone/Anyone
2. Size limitations for LED signs
a. What should be the size limit of the sign itself?
b. What should be the size limititation, if any, to the letters within the sign?
c. Do we allow LED signs as a primary sign or strictly as a secondary sign to a larger
sign?
d. Do we use the existing code provisions regarding sizes based on speed limits?
3. Display features for LED signs
a. Do we allow any or all colors of the spectrum to be displayed within an LED sign
(example: only allowing red lettering to be displayed)?
b. Do we place limitations on vertical or horizontal scrolling, flashing, rotating, or other
types of potentially distracting messages?
c. Do we place regulations on the timing of "message changes" (messages fade in and
out only, for example)?
Again, staff feels there are too many outstanding issues that need to be addressed by the Planning
Commission before staff can draft an ordinance regarding this type of signage.
ACTION REQUESTED
Provide staff with direction on the issues mentioned above and continue the public hearing to allow
LED signs to the next Planning Commission meeting.
Respectfully submitted,
~c~~
Tony Wippler, Assistant City Planner
EXH 113IT A
1 0- 12ft
8 ft
.1
.
~
. ---..----.1, ..---." - I
cXIfIL1lr f!>
8'.1
~wua (ill 1M [Srn~[Q) rn [Q) f
0 U [fl] 9 3'-
6'-11/2" ~L7~ 00 ODd]
1/2" / [Q)orn~rn[S \
a b a]g
~u(Q)[g1~~
00 Od OJ]
2'- 0" \ I ~@@[ID ~rnffiwo~rn 11
t
I..., 10'-1 " ~
n
~~rn ~~~rnTIrnrnrnOrn
[D]~~~ffirn~ [b~mTI~ill
22 LG ill ill LD llil ill TI ill 0 ill 5'.8"
I E- 35 Ei-\1ertol I 20'-
10'- 5"
NOTES:
. KWlK 'TRIP, LED P~CE SIGN, & FOOD SER\IlCE CABINETS
ARE BOLTED TOGETHER TO BE S'-111T X 1 0'-1. X 1 Z'
. CABINET DEPTH IS 6"DEEP,fACE OR 1Z' TOTAL
'KWlK 'TRIP PAN FACE;.~-1' x4'~1/2* x.171"
(1-1/2* PAN DEPTH)"."
. DAKTRONICS LED CABINET6'-11 /2* X 5'-6" X 6" 8'.0"
24. RED LED WflUORESCENT BACKLIT PRODUCT
P PNELS. UNLEMlED = WHITE copy I BLACK BACKGROUND
DIESEL = YELLOW copy I BLACK BACKGROUND
. FOOD SER\IlCE (HOT FOOD) PPN FACE IS:
1'1111T X 1 0'-1 /2* X.171" (1-1 /2* PAN DEPTH)
HOT FOOD GRAPHIC IS: 1'~. X 9'-6"
. LEO MESSAGE CENTER IS 3'.3. X T, -8. X S. PER FACE
3400 SERIES 34MM 24X64 RED DISPLAY. MESSAGE CENTERS
ARE TO BE FASTENED TO 6. STEEL CHPNNEL TOP AND BOTTOM
INSTALL AlUM. CLADDING PPNEL ON BOTH SIDES
. CARWASH PAN FACE IS: 1-111/2* XS'.{)' X.177" (Q)[p)~O@ITTI 0 ~
(1-1/2* PAN DEPTH) 0 0
I l
I""
4'- 7 1/2"
""I""
5'- 6"
e-I
0"
0"
"OCii' ~IQ) ~. ~ 1.[g1Q) wm<<:; @!n'll """\0\0.. \ ~ o~ S~'!Je
n7~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
//CL
TO:
Mayor and Councilmembers \ J
Acting City Administrator ~
Daniel M. Siebenaler,
Police Chief
FROM:
SUBJECT:
Joint Powers Agreement
Joint Dispatch
DATE:
September 6, 2005
INTRODUCTION
In May the City Council approved the development of a Joint Powers Agreement for purposes of
forming a countywide joint communications center. Over the past few months the City Council has
been given progress reports and seen draft language of the Joint Powers Agreement (JPA) supporting
the Dakota Communications Center (DCC). At the regular meeting of August 15 the final draft was
presented for Council review. At this time the JPA is ready for final City Council action.
DISCUSSION
As noted previously:
. The JP A as presented would commit the City of Farmington to membership for five years.
After that term members would be free to explore other options.
. During the first year of operation the City would be committed to funding 4.83% of the total
cost based on actual prior use. (Attachment B)
. City costs thereafter would be based on actual usage during the previous year.
. Overall direction, Oversight and Policy of the DCC would fall under the authority of the
Board of Directors comprised of an elected official from each member organization. "
. DCC would be operated under the direction of an Executive Director serving a Chie(
Operating Officer of the organization.
. The Executive Director would report to the Executive Committee comprised of City
Administrators from each member organization. This Committee would be required to meet
no less quarterly each year to ensure compliance with the policy and direction of the Board of
Directors.
. An Operational Committee, comprised of a Law Enforcement and Fire member from each
member organization will meet at least 6 times per year to assist the Executive Director on
Procedural issues.
According to the project lead, B.J. Battig, as of the date of this memo there have been no substantive
changes to the language presented and reviewed at the August 15 City council meeting. If
substantive changes are made prior to the September 6 meeting they will be presented as
supplemental information at the time of the meeting.
BUDGET IMPACT
As outlined at the August 15 City Council meeting the cost for 2005 will be $5,000. Costs
established for 2006 will be 4.83% of the total cost. That amount is anticipated at $20,000 in the
Proposed 2006 Budget. Future cost would be allocated as described in the JP A.
ACTION REQUESTED
Approve the Dakota Communications Center Joint Powers Agreement as presented.
Appoint member and alternate to the Board of Directors. (Elected Officials)
Appoint member and alternate to the Executive Committee. (Chief Administrator and alternate.)
Appoint member and alternate to Operations Committee for Law Enforcement. (Police Chief and
alternate)
Appoint member and alternate to Operations Committee for Fire. ( Fire Chief and alternate.)
Approve the Proposed Resolution including all of the above actions.
h'
Note: Police and Fire Staffwill be prepared to make recommendations for Operations Committee
Alternates for police and fire at the time of the City Council meeting.
Respectfully submitted,
L
Daniel M. Siebenaler
Chief of Police
RESOLUTION NO. R -05
Approving the Joint Powers Agreement
Establishing the Dakota Communications Center
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 6th day
of September 2005 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, The City of Farmington adopted Resolution R60-05 on Mayl6, 2005
authorizing participation in a countywide Joint Dispatch Center to be governed by ajoint
powers agreement that will give all participants a strong voice in the operations and
management of the Center; and
WHEREAS, The authorizing resolution directed that the joint powers agreement be
presented to the City Council for approval; and
WHEREAS, The High Performance Partnership (HiPP) Joint Dispatch Policy
Committee has prepared a joint powers agreement between the Cities of Apple Valley,
Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota
Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota establishing
the Dakota Communications Center; and
WHEREAS, The purpose ofthe joint powers agreement is to acquire and provide the
facilities, infrastructure, hardware, software, services and other items necessary and
appropriate for the establishment, operation and maintenance of a joint law enforcement,
fire, EMS, and other emergency communications system for the mutual benefit ofthe
Members and the people of Dakota County; and
WHEREAS, The joint powers agreement establishes a Board of Directors made up of an
elected official from each Member, an Executive Committee made up ofthe chief
administrators of each Member, and an Operations Committee made up of a
representative of each law enforcement agency and fire agency of a Member, and the
Dakota County Joint EMS Council; and
WHEREAS, The Members may also designate an alternate to the Board of Directors, the
Executive Committee, and the Operations Committee; and
WHEREAS, The HiPP Joint Dispatch Policy Committee recommends that the
participating members approve the Joint Powers Agreement and name the officials to
serve on the Board of Directors, the Executive Committee, and the Operations
Committee.
NOW, THEREFORE BE IT RESOLVED, That the City of Farmington hereby
approves the Joint Powers Agreement Establishing the Dakota Communication Center,
and
BE IT FURTHER RESOLVED, That the City of Farmington hereby names
to serve on the Board of Directors and as the
alternate; and
BE IT FURTHER RESOLVED, That the City of Farmington hereby names
to serve on the Executive Committee, and as the
alternate; and
BE IT FURTHER RESOLVED, That the City of Farmington hereby names Daniel
Siebenaler to serve on the Operations Committee representing law enforcement, Ken
Kuchera representing fire, and and John Powers as alternates representing
law enforcement and fire, respectively.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 6th day of September 2005.
Mayor
Attested to the _ day of
2005.
City Administrator
SEAL
Joint Powers Agreement
Establishing the
Dakota Communications Center
TABLE OF CONTENTS
RECITALS ......'................................ ........................................................................................... 5
PURPOSE ................................................................................................................................... 6
TERM ......................................................................................................................................... 7
POWERS .................................................................................................................................... 8
MEMBERSHIP ......................................................................................................................... 10
BOARD OF DIRECTORS........................................................................................................ 12
EXECUTIVE COMMITTEE.................................................................................................... 17
EXECUTIVE DIRECTOR ....................................................................................................... 21
OPERATIONS COMMITTEE................................................................................................. 25
BUDGET .................................................................................................................................. 29
AUDIT ...................................................................................................................................... 34
TERMINATION AND DISSOLUTION.................................................................................. 34
WITHDRAWAL OF A MEMBER........................................................................................... 36
INSURANCE AND INDEMNIFICATION............................................................................. 38
RESOLUTION OF DISPUTES................................................................................................ 40
FORCE MAJEURE ............................................................................................... ................... 41
MISCELLANEOUS PROVISIONS......................................................................................... 41
Page 2 of 33
Dakota Communications Center JPA
This Agreement is entered into between the following political subdivisions of the State of
Minnesota, by and through their respective governing bodies:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
Individually and collectively, the parties to this Agreement are referred to as the "Members" of
the Dakota Communications Center, hereinafter referred to as the "DCC".
RECITALS
WHEREAS, pursuant to Minnesota Statutes 9 471.59, the Members are empowered to provide
assistance to, and act in coordination with, other political subdivisions within the state of
Minnesota as deemed necessary to benefit the public; and
WHEREAS, pursuant to Minnesota Statutes 9 465.717, the Members are empowered to
incorporate the joint powers entity created by this Agreement as a Minnesota nonprofit
corporation if deemed necessary or beneficial to the Members; and
WHEREAS, the Members wish to cooperatively engage in the establishment, operation and
maintenance of a countywide public safety answering point and communications center for law
enforcement, fire, emergency medical services (EMS), and other public safety services for the
mutual benefit of all; and
WHEREAS, by creating the DCC the Members intend to provide a level of public safety
communications services to Dakota County communities that is commensurate with industry
standards; and
WHEREAS, each Member represents that it is duly qualified and authorized to enter into this
Agreement and will comply with its respective obligations and responsibilities as set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set
forth, the Members agree as follows:
ARTICLE I
PURPOSE
Through this Agreement and the authority provided by Minnesota Statutes 9 471.59 to act
. cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the
following purposes:
To acquire and provide the facilities, infrastructure, hardware, software, services and other
items necessary and appropriate for the establishment, operation and maintenance of a joint
Page 3 of 33
Dakota Communications Center JPA
law enforcement, fire, EMS, and other emergency communications system for the mutual
benefit of the Members and the people of Dakota County;
To provide public safety communications system services to other governmental units that are
not Members through a fee for service contract;
To define the rights and obligations of the Members with respect to the establishment,
operation and maintenance of the DCC; and
To provide a forum for discussion, study, development and implementation of recommendations
of mutual interest regarding public safety communications, information systems, and statistical
matters within Dakota County, Minnesota.
ARTICLE II
TERM
This Agreement shall be effective upon execution by all the parties hereto and shall continue
until terminated as provided in Article XI. No party may withdraw from this Agreement from
the date this Agreement is executed by all parties until five (5) years from the initial date of
operation of the DCC (the Initial Term). . The Board of Directors shall determine the initial date
of operation of the DCe.
ARTICLE III
POWERS
The DCC shall have the following powers in its own name:
A. To take actions necessary and convenient to discharge the duty to implement, maintain,
and operate a countywide public safety communications center;
B. To adopt bylaws and rules or policies consistent with this Agreement that are required to
effectively exercise the powers or accomplish the objectives of the DCC;
e. To adopt an annual operating and capital budget, including a statement of sources of
funding and allocation of costs to the Members of the DCC;
D. To enter into contracts in its own name, including contracts to provide public safety
communications services to other governmental units who are not Members;
E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of
property from a Member to the DCC;
F. To incur debt obligations that do not exceed ten (10) years, liabilities or other obligations
necessary to accomplish its purposes that are consistent with any financial and debt policies
established by the Board of Directors, or to arrange with one or more of the Members to
incur debt or issue bonds for the benefit of the DCC, as permitted by law;
G. To operate and maintain a communications system that will receive calls for law
enforcement, fire, and emergency medical services (EMS) services and dispatch field units in
response to such calls;
Page 4 of 33
Dakota Communications Center JPA
H. To hire, discipline or discharge employees required to accomplish the purposes of this
Agreement including employing an Executive Director and delegating authority to the
Executive Director as determined by the Board of Directors;
I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this
Agreement and the purposes of the DCC;
J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other
assistance as permitted by law from any person or entity, whether public or private;
K. To sue;
L. To exercise all powers necessary and incidental to carrying out the purposes set forth in
Article I of this Agreement;
M. To charge fees to Members or other governmental entities for special services or
communications system functionality that is not provided to all Members; and
N. To incorporate the DCC as a Minnesota nonprofit corporation if approved by a majority of
the Board of Directors.
ARTICLE IV
MEMBERSHIP
4.1 Definition of Members
All parties to this Agreement are Members of the DCe. No Member may withdraw from this
Agreement during the Initial Term of this Agreement.
4.2 Requirement of Good Standing
Continued Membership in the DCC shall be contingent upon the payment by each Member of an
annual assessment and any additional fees as determined by the Board of Directors consistent
with the financing procedures set forth in Article IX hereunder.
4.3 Addition of New Members
Any unit of government within Dakota County that has at least 10,000 residents and maintains
a law enforcement agency is eligible for Membership in the DCC. A new Member may be added
to the DCC if first approved by the Board of Directors and if the existing Members and the unit
of government seeking membership execute an amendment to this Agreement to add the new
Member upon the terms as agreed to by them.
Any unit of government that becomes a Member of the DCC after the execution of this
Agreement shall be subject to all existing debts and liabilities of the DCC on a proportionate
basis to the same extent as all then existing Members. In addition, any new Member shall be
solely liable for all costs of adding or modifying hardware, software or services necessary to
effectively accommodate the operational needs of the new Member, and of insuring that there
is no degradation of existing capability due to the new Member's needs, as determined by the
Board of Directors. Each new Member shall pay a proportionate share of the normal,
Page 5 of 33
Dakota Communications Center JPA
continuing operating expenses of the Dee as well as a proportionate share of any special
assessment, as approved from time to time by the Members. An entity seeking to become a
Member may be required to and shall pay one-time initiation, assessment or capital investment
fees or establish an escrow account for such fees as determined by the Board of Directors.
4.4 Withdrawal of Member
Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this
Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in
Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable
to any Member before the effective date of withdrawal. No Member is entitled to a refund of
cost-sharing assessments or other fees imposed by the Board of Directors that have been paid
to, or is owed to, the Dee on the effective date of withdrawal.
ARTICLE V
BOARD OF DIRECTORS
5.1 Membership on the Board
There is hereby established a Board of Directors of the Dee which shall consist of an elected
official from each Member. These Directors shall serve without salary, but may be reimbursed
for expenses incurred in connection with Dee business as determined by the Board of Directors.
Each Member shall designate one named elected official as a Director consistent with the term
and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may
also designate one named elected official as an Alternate Director to attend Board meetings and
vote on measures brought before the Board when a Director is absent, consistent with the
procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected
official of a Member during his or her term, such seat shall be vacant until a successor elected
official is appointed by such Member.
5.2 Powers of the Board
The Board of Directors shall have the following powers and duties:
a. provide policy leadership and approve the general policies of the Dee relating to
budget, finance, and legal matters;
b. contract with a Member or third party for auditing, financial, human resources, legal and
other services as needed for the Dee;
c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary;
d. approve changes to the membership of the Dee;
e. approve contracting and purchasing policies for the Dee;
f. approve the annual operating and capital budget, cost allocation formula, Member fees
and assessments of the Dee;
g. hire, discipline, terminate and set the compensation for the Executive Director; and
h. incur debt and approve financial obligations of the Dee that are significant in amount
and non-recurring. Board approval is not required for payment of monthly budgeted
expenditures and employee salaries and benefits.
Page 6 of 33
Dakota Communications Center JPA
i. incorporate the DCC as a Minnesota nonprofit corporation as permitted by Minnesota
Statutes 9 465.717, subdivision 2, if approved by a majority of Members at a meeting of
the Board of Directors.
5.3 Voting by Directors
Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one
vote. The Directors' votes shall be non-weighted (all votes having the same weight) when
voting on matters coming before the Board, except as provided below.
The Directors' votes shall be weighted when the Board is exercising its powers under Section
5.2 (f) and (h) of this Agreement. The comparative weight of each Director's vote on those
matters is determined by the proportionate share of the DCC annual operating and capital
budget for that calendar year that is the responsibility of the Member casting that vote.
The Board of Directors shall arrange for or contract with one or more of its Members or an
independent contractor to provide personnel/human resource, accounting and finance,
procurement/contracting, payroll administration and legal services for the DCe. The DCC shall
not create its own personnel/human resource, accounting and finance,
procurement/contracting, payroll administration or legal departments unless approved by a
four-fifths (4/5) majority of the Board of Directors by non-weighted votes.
After the first full year that the DCC is in operation, the Board of Directors may amend the cost
allocation formula and associated definitions by a 2/3 majority of the weighted vote total of
those Members present and voting at a properly noticed Board of Directors meeting.
In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote.
No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in
the Bylaws of the Board.
5.4 Board Meetings
a. The Board of Directors shall have regular meetings at least twice each calendar year at a
date, time and location included in the meeting notices. The Board may schedule more
regular meetings as it deems appropriate or as established by the Bylaws adopted by
the Board. At least 30 days prior notice shall be provided to each Member, Director and
Alternate Director of the date, time and location of such regular meetings.
b. A special meeting of the Board of Directors may be called by its Chair, or by any four
Directors of the Board consistent with the procedures set forth in the Bylaws.
5.5 Officers of the Board of Directors
a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and
Vice Chair shall be elected from among the Directors of the DCe. The officers shall hold
office for the terms and under the conditions set forth in the Bylaws adopted by the
Board of Directors.
b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign,
with the Executive Director, any instrument which the Board of Directors has authorized
to be executed, or as authorized by the Bylaws or approved DCC procedural rules of
Page 7 of 33
Dakota Communications Center JPA
operation, and perform all duties incident to the office of Chair and such other duties as
may be prescribed by the Board of Directors from time to time, provided that such
actions are consistent with this Agreement and the Bylaws.
c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or
refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair.
5.6 Secretary of the Board of Directors: The Executive Director of the DCC shall serve in the
administrative role of Secretary to the Board and shall keep the minutes of the meetings of
the Board of Directors, see that all notices are duly provided and/or published in accordance
with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or
as otherwise required by law, act as custodian of the business records of the DCC, and
perform all duties incident to the office of Secretary and such other duties as from time to
time may be assigned by the Board of Directors.
A high-level outline of the governing organizational structure of the DCC is graphically
represented in Attachment A.
ARTICLE VI
EXECUTIVE COMMITTEE
6.1 Membership on the Executive Committee
There is hereby established an Executive Committee of the DCC, the members of which shall
serve without salary and shall oversee the operations and functions of the DCC as set forth in
this Article and the Bylaws of the Committee. The Executive Committee shall consist of the
chief administrators of each Member. Each Member shall have one seat on the Executive
Committee. Each Member may also designate a second employee or staff person as an
alternate representative to attend Committee meetings and vote, on behalf of such Member, on
matters brought before the Committee when a representative is absent, consistent with the
procedures set forth in the Bylaws. Each representative and alternate representative shall serve
without salary, but each may be reimbursed for necessary expenses incurred in connection with
the DCC business, as determined by the Board of Directors. If any Committee representative
ceases to be the chief administrator of a Member, such seat may be occupied by the alternate
representative until a successor chief administrator or interim chief administrator is appointed
by such Member.
6.2 Purpose and Powers of the Committee
The Executive Committee shall have the following powers and duties:
a. provide direction and oversight of the operations of the DCC, subject to the policy
direction established by the Board of Directors, and within the limits fixed by the
operating and capital budgets, provided that no financial obligation exceeding the
amount of the approved budget shall be incurred by the Executive Committee
without the prior consent of the Board of Directors;
b. carry out the policy decisions of the Board of Directors and make recommendations
to the Board of Directors.;
Page 8 of 33
Dakota Communications Center JPA
c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems
necessary;
d. review all administrative decisions concerning personnel, development efforts,
operations, cost sharing, expenditure approval, utilization of personnel and
equipment, and operational decisions made by the Executive Director as deemed
necessary by the Committee;
e. assist the Board of Directors in the recruitment of candidates for the position of
Executive Director and the review of candidate qualifications and provide
recommendations to the Board of Directors on the hiring, termination and review of
the performance of the Executive Director;
f. conduct an annual evaluation of the Executive Director's performance and present its
findings and recommendations to the Board of Directors before the date the Board
approves the annual operating and capital budgets;
g. establish and assign tasks to advisory subcommittees as the Committee deems
necessary;
h. make recommendations to the Board of Directors on changes to the membership of
the DCC;
i. Review, modify and approve to the proposed annual operating and capital budgets
prepared by the Executive Director prior to submittal to the Board of Directors.
6.3 Voting by Committee Members
Each Member is entitled to one vote at committee meetings and each vote shall be non-
weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive
Committee shall cast a second and deciding vote. Only the chief administrator, or the
designated alternate representative of a Member in the absence of the chief administrator, shall
vote on matters coming before the Executive Committee.
No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in
the Bylaws of the Committee.
6.4 Meetings
a. Regular meetings of the Executive Committee shall be held as needed, but at least
quarterly. At least 15 days prior notice shall be provided to each committee member of
the date, time and location of such meetings.
b. Special meetings of the Executive Committee may be called by its Chair, or any four
members of the Executive Committee acting in concert, consistent with the procedures
set forth in the Bylaws or operating procedures adopted by the Committee.
6.5 Officers of the Executive Committee
Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and
Vice Chair shall be elected from among the representatives of the Members serving on the
Executive Committee. The officers shall hold office for the terms and under the conditions set
forth in the Bylaws adopted by the Executive Committee.
a. Chair. The Chair shall conduct meetings of the Executive Committee and shall serve as
the liaison between the Board of Directors and the Executive Committee. The Chair may
Page 9 of 33
Dakota Communications Center JPA
sign, with the Executive Director, any instruments which the Executive Committee,
acting as a Committee, has authorized to be executed or as authorized by the DCC
procedural rules of operation. The Chair shall also perform all duties incident to the
office of Chair and such other duties as may be prescribed by the Executive Committee
from time to time, provided that such actions are consistent with this Agreement and
the Bylaws.
b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal
to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform
such other duties as may be requested by the Chair.
ARTICLE VII
EXECUTIVE DIRECTOR
7.1 Appointment and Vacancy
a. The DCC shall have a chief operating officer of the title Executive Director. The
Executive Director shall be the administrative head of the DCC and shall report to the
Executive Committee for the administration and operation of the DCe. The Executive
Director shall be an employee of the DCC.
b. The Executive Director shall have appropriate administrative and executive qualifications
for the position and shall have actual experience in and knowledge of accepted practices
for a public safety communications system.
c. Any vacancy in the office of Executive Director shall be filled as soon as possible after
the effective date of such vacancy. In the case of absence or disability of the Executive
Director, the Board of Directors may designate any other qualified person to carry out
the duties of the Executive Director during such absence or disability.
7.2 Powers And Duties
The responsibilities and duties of the Execu~ive Director shall include the following:
a. To attend meetings of the Board of Directors, the Executive Committee and the
Operations Committee;
(1) The Executive Director shall have the right to take part in the discussion of all
matters coming before the Board of Directors, the Executive Committee and the
Operations Committee but shall have no vote thereon;
(2) The Executive Director shall be entitled to and be given notice of all meetings,
regular and special, of the Board of Directors, the Executive Committee and the
Operations Committee;
(3) When the Executive Director is unable to attend a meeting, the Executive Director
may appoint a DCC staff member to attend.
b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to
the approved DCC budget and in accord with the policies and procedures of the DCC;
Page 10 of 33
Dakota Communications Center JPA
c. To recommend to the Executive Committee for adoption such policies and procedures
as may be deemed necessary or expedient for the efficient operation of the DCC:
d. To direct and oversee the day-to-day operations of the DCC and its employees and to
expend operating and capital budgets consistent with the policies and direction of the
Board of Directors;
e. To enforce, administer, and implement the policies of the DCC as established by the
Board of Directors and Executive Committee;
f. To prepare a quarterly report of the DCC activities and provide copies to the Board of
Directors and the Executive Committee;
g. To prepare a proposed annual operating and capital budget as well as a report of
estimated revenues in order to determine the estimated funds necessary to defray
the expenses of the DCC for each fiscal year and to present the proposed operating
and capital budget to the Executive Committee in the manner set forth under Article
IX herein;
h. To serve as a staff resource to the Executive Committee and the Operations
Committee and coordinate the activities of the respective committees as required;
i. To serve as a Member of regional committees, organizations and forums related to
public safety communications and represent the collective interests of the DCC and its
Members as required;
j. To communicate regularly with the Members and other agencies utilizing the DCC
communication services about operational, policy and training issues;
k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and
Operations Committee and see that all notices of the Board and Committee are duly
provided and/or published in accordance with the provisions of this Agreement and
the Bylaws adopted by the Board, Executive Committee and Operations Committee or
as otherwise required by law;
I. To act as custodian of the business records of the DCC; and
m. To perform such other duties as may be delegated from time to time by the Board of
Directors or by the Executive Committee.
ARTICLE VIII
OPERATIONS COMMITTEE
8.1 Membership on the Operations Committee
Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County
Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement
agency, fire agency and the Dakota County EMS Council shall designate a primary member and
an alternate member to the Committee. Each law enforcement agency and fire agency of a
community that is served by the DCC but is not a Member of the DCC may participate in the
Operations Committee as a non-voting, ad-hoc member. The Executive Director shall provide
staff support to the Operations Committee and its subcommittees and shall provide information
and guidance to the Committee and subcommittees as needed.
Page 11 of 33
Dakota Communications Center JPA
8.2 Purpose and Powers of the Committee
There is hereby established an Operations Committee of the DCe. The Operations Committee
may establish and abolish advisory subcommittees, as it deems necessary. Initially, the
Committee will have two subcommittees - the Law Enforcement Subcommittee and the
Fire/EMS Subcommittee. The Members of the Operations Committee and its subcommittees
shall serve without compensation and shall be available to the DCC Executive Director and
Executive Committee to assist in the coordination of:
. Unified radio procedures;
. DCC procedural changes that affect one or more Members of the DCC;
. Field training and back up exercises;
. DCC and Members' records management functions;
. The orderly transmittal of inquiries regarding the handling of specific matters by the
DCe.
. Obtaining and preparing recommendations concerning operational input from the
Executive Director of the DCC and the Members' public safety departments
The Operations Committee shall have the following powers and duties:
a. Be the personal contact at each Member's law enforcement or fire/EMS department for
the Executive Director for daily procedural and operational issues;
b. Provide liaison to the DCC Executive Director in the coordination and preparation of
unified procedures and policies;
c. Be a resource for the Executive Committee in researching special topics of interest;
d. Forward comments and inquiries on the operation of the DCC from their respective
agencies to the Executive Director after initial local review and screening;
f. Coordinate field training and back-up exercises;
g. Perform any other duties as required by the Executive Committee.
8.3 Voting by Committee Members
It is expected that decisions and recommendations of the Operations Committee shall be made
by consensus, but where consensus does not exist, the following procedure shall apply:
a. Each Member of the DCC shall have a maximum of two votes on the Operations
Committee - one from the law enforcement agency and one from the fire agency of
that Member. A Member that operates a joint law enforcement or fire agency with
another Member shall continue to have a voting seat on the Operations Committee
for each joint agency. A Member that has only a law enforcement agency or fire
agency is entitled to one vote. The Dakota County EMS Council shall have one vote
on the Operations Committee. Votes shall be cast by the representative of each
agency (or by his/her designated alternate, if such representative is absent) as the
official representative to the Operations Committee.
b. No proxy votes or absentee voting shall be permitted except as otherwise provided
in the Bylaws of the Executive Committee.
Page 12 of 33
Dakota Communications Center JPA
c. Membership and voting on subcommittees established by the Operations Committee
shall be as required by the Bylaws of the Committee or the resolution of the
Committee that establishes the subcommittee. Each Member that maintains a law
enforcement agency individually or jointly with another Member shall have one
representative and one vote on the Law Enforcement Subcommittee. Each Member
that maintains a fire agency individually or jointly with another Member shall have
one representative and one vote on the fire agency Subcommittee.
8.4 Meetings and Actions
The Operations Committee shall meet at least six times each year and may schedule additional
meetings as deemed necessary and appropriate by the Membership. The meetings will be
conducted in compliance with any direction provided to the Committee by the Executive
Committee, subject to the policies established by the Board of Directors and the Executive
Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee
or its subcommittees shall be in effect until approved or ratified by the Executive Committee or,
if deemed necessary by the Executive Committee, until approved or ratified by the Board of
Directors.
Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may
appear before the Operations Committee or its subcommittees to discuss concerns, complaints
or other operational issues concerning the DCe. If the agency is not satisfied with the action or
lack of action taken by the Operations Committee, that agency may appear before the
Executive Committee to discuss the actions or policies of concern. Prior to appearing before the
Executive Committee, the agency shall meet and confer with the Executive Director about the
issues to be discussed with the Executive Committee.
ARTICLE IX
BUDGET
9.1 Recommended Annual Budget
The Executive Director shall prepare a proposed annual operating and capital budget for the
Executive Committee no later than May 1st of each year to allow the Executive Committee
members to consult with their respective governing bodies,and prepare a recommended annual
operating and capital budget for consideration by the Board of Directors. An annual operating
and capital budget shall be adopted by the Board of Directors at a regular meeting before
September 1st each year. If the Board fails to adopt a budget by September 1st, the budget
from the current year shall be deemed approved for the next year. This requirement to adopt a
budget at a regular meeting of the Board by September 1st does not apply to the calendar year
in which this Agreement is first executed.
9.2 Distribution of Recommended Budget
No later than May 1st, copies of the proposed operating and capital budget as recommended by
the Executive Director shall be delivered to each Executive Committee Member.
9.3. Review by Executive Committee
Not later than August 1st of each year, the Executive Committee shall review the annual
operating and capital budget as proposed by the Executive Director and make such
Page 13 of 33
Dakota Communications Center JPA
modifications, as it deems proper. Following approval by the Executive Committee, the
proposed operating and capital budget shall be submitted to the Board of Directors for final
approval.
9.4 Allocation of Costs to Members
The cost of the operations and maintenance, and capital projects of the DCC will be shared by
the Members. At the time of approval of the annual operating and capital budget, the Board of
Directors shall fix the cost-sharing charges for all Members and any other participants in the
DCC in amounts sufficient to provide the funds required by the approved annual operating and
capital budget for the following year. Each Member shall take all required actions to authorize
the funds necessary to meet its obligations under the approved annual operating and capital
budget.
From the effective date of this Agreement as defined in Article II until the completion of the first
full calendar year that the DCC is in operation, the allocation of annual operating and capital
budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of
Attachment B, which is incorporated into and made a part of this Agreement. When the Board
adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost
allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from
the effective date of this Agreement to December 31, 2005.
After the first full calendar year that the DCC is in operation, the allocation of annual operating
and capital budget costs to Members shall be based on the percentage of the total number of
events processed by the Dee in the previous twelve months that are attributable to that
Member. An event is defined as a computer aided dispatching system (CAD) event (transaction
as logged), a 911 telephone call processed, a ten-digit telephone call for service processed,
and, when the DCC is able to capture this information, the number of data system inquiries
processed by DCC employees. The calculation of the annual operating and capital cost
allocation after commencing operations will be based on the formula in Attachment B, Table 3,
which is incorporated into and made a part of this Agreement.
During the first five (5) years that the DCC is in operation, the County of Dakota will provide a
cash subsidy toward the operational budget in the amount of $62,500.00 per month based
upon the Allocation of County Subsidy contained in Table 2 of Attachment B. The amount of
the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The
County of Dakota is not obligated to provide an operational budget subsidy after the initial five
(5) years of Dee operations.
9.5 Billing and Delinquent Payments
Invoices for the cost-sharing charges shall be provided to Members monthly. Any Member
whose charges have not been paid within thirty (30) days after billing shall be assessed interest
on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the
maximum authorized by law at the time the payment becomes delinquent. The Directors and
representatives of a Member that is delinquent on such payment shall not be entitled to vote on
any matters coming before the Board of Directors or the Executive Committee until all
delinquent payments and interest have been paid.
Page 14 of 33
Dakota Communications Center JPA
9.6 Expenditure of the Annual Budget.
The Board of Directors and/or the Executive Committee may establish procedures and
limitations as may be necessary to preserve the integrity and purpose of the approved
operating and capital budget. After adoption of the annual operating and capital budget by the
Board of Directors, the Executive Director and the Executive Committee shall make all
expenditures in accordance with such budget. Purchases and/or letting contracts shall be done
in accordance with procedural guidelines established by resolution of the Board of Directors,
consistent with Minnesota law.
The Executive Director shall have the power to transfer funds within the total annual operating
budget in order to meet unanticipated needs or changed situations. The Executive Director
shall not transfer funds within the total annual capital budget or between the operating budget
and capital budget. The Executive Director shall report any transfer of funds within the annual
operating budget to the Board of Directors and the Executive Committee in the Director's next
quarterly report.
9.7 Credit or Payment to Members for Services
The Board of Directors may approve contract payments or cost-allocation credits to any
Member that provides services, resources or property to the DCe.
ARTICLE X
AUDIT
The Board of Directors shall call for an annual audit of the financial affairs of the DCC, to be
performed by an independent Certified Public Accountant retained by the Board in accordance
with generally accepted auditing principles. A copy of the annual audit report shall be provided
to each Member.
ARTICLE XI
TERMINATION AND DISSOLUTION
11.1 Termination.
This Agreement shall terminate upon the occurrence of anyone of the following events:
a. When 4jsthS of the Members agree by non-weighted voting, pursuant to a resolution of
their governing bodies, to terminate the Agreement.
b. When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction.
11.2 Effect of Termination.
Upon the occurrence of one or more of the events in Section 11.1, the DCC shall be terminated
and dissolved in accord with the provisions hereof.
a. Termination shall not discharge any liability incurred by the Board or by the Members
during the term of this Agreement.
Page 15 of 33
Dakota Communications Center JPA
b. Each Member shall be liable for its own acts and for the acts of the Board to the extent
provided by law and this Agreement.
c. Property that is owned by the DCC at the time of termination, including any surplus
money, shall be divided among the units of government that are Members of the DCC at
the time of termination, in proportion to their average respective regular and special
assessment payments toward the operating and capital budgets for the preceding three
(3) fiscal years. If liabilities exceed all assets, the difference shall be made up by
contributions from all Members on a proportionate basis according to the then prevailing
annual budget assessment formula.
d. The Board shall approve a final report of its activities and affairs prior to dissolution of
the DCe.
e. Upon such termination and dissolution, and after payment of all debts, all files and
documentation shall be distributed to the Member community that has jurisdiction of the
subject matter of the file or documentation without charge or offset. Records of the
DCC shall be retained by the County of Dakota consistent with its current document
retention schedules.
f. Equipment and property that is owned by an individual Member or Members that is
being used by the DCC at the time of termination shall be returned to the owner(s) upon
termination and dissolution of the DCe.
ARTICLE XII
WITHDRAWAL OF A MEMBER
At any time after the Initial Term of this Agreement, any Member may withdraw from the DCC
subject to the provisions of this Article.
a. Such withdrawing Member shall give written notice before July 1st of any year and at
least 18 months prior to the intended date of withdrawal, in the form of a certified copy
of a resolution passed by its governing body, a copy of which must be mailed or
delivered to the Executive Director of the DCC and the Chairs of the Executive
Committee and Board of Directors.
b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to
any Member of its nonpayment of cost allocation fees as set forth herein, and/or the
refusal or declination of any Member to be bound by any obligation of the DCC, shall
also constitute notice of withdrawal of such Member, and if the Member fails to cure
nonpayment or refuses to comply with an obligation within the Sixty days (60),
withdrawal of that Member from the DCC shall become effective on the Sixty First day
after mailing of said notice. The Force Majeure provisions of Article XV apply to a non-
payment of charges and fees and the refusal or declination of a Member to act.
c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the
Board of Directors, the Executive Committee and the Operations Committee and
subcommittees.
d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property
and assets of any type whatsoever.
Page 16 of 33
Dakota Communications Center JPA
e. The withdrawing Member shall be liable for all costs incurred by the Dee as a result of
the Member's separation and withdrawal. This may include, but is not necessarily limited
to, legal fees, court costs and interest-on late payment of obligations.
f. The withdrawing Member shall continue to be responsible for:
1. One hundred (100%) percent of that Member's pro rata share of the operating costs
of the Dee that are incurred up to the date of withdrawal, and One hundred (100%)
percent of that Member's pro rata share of any capital debts, liabilities or obligations
of the Dee that were incurred prior to the date of providing notice of intent to
withdraw and are due and payable before the effective date of withdrawal.
2. For any contractual obligations it has separately entered into with the Dee.
ARTICLE XIII
INSURANCE AND INDEMNIFICATION
13.1 Insurance and Limitations on Liability
The Dee shall purchase insurance for the operation, equipment and facilities of the Dee and
workers compensation insurance for Dee employees, as the Board of Directors or Executive
Committee deems necessary. Such insurance shall name each Member as an additional
insured, and may name other entities that purchase communications services from the Dee as
additional insureds if deemed appropriate. By purchasing insurance the Members do not intend
to waive, and shall not be interpreted to constitute a waiver by any Member of limitations on
liability or immunities provided by any applicable Minnesota law, including Minnesota Statutes,
Chapter 466.
If the Dce incurs a legal liability that is not covered by insurance, is within its statutory liability
limitations and to which no liability exemption or immunity applies, that liability shall be paid by
contributions from all Members on a proportionate basis according to the then prevailing annual
operating budget assessment formula. If the Board of Directors incorporates the Dee as a
nonprofit corporation, the Members shall collectively be responsible for any liability not covered
by insurance only to the extent required by law.
13.2 Third Party Action Against a Member
Each Member that is subject to a claim of any nature commenced by a person or entity that is
not a Member of the Dee, which arises as a consequence of the acts or omissions of such
Member's personnel in responding to, or providing emergency services pursuant to a dispatch
by the Dee shall, at such Member's sole expense, indemnify and save free and harmless any
other Member, and its officers, employees and agents from any cost, expense, attorney fees,
judgment or liability of any nature when any other Member is subject to the same claim solely
as a consequence of such other Member being a Member of the DCe.
13.3 Third Party Action Against the Dee
In the event the Dee and/or its Directors, officers, employees and agents are subject to a claim
of any nature which arises as a consequence of the acts or omissions of Member's personnel in
responding to or providing emergency services pursuant to a dispatch by the Dee, such
Page 17 of 33
Dakota Communications Center JPA
Member shall at its sole expense, indemnify and save free and harmless from any cost,
expense, attorney fees, judgments or liability of any nature the Dee and/or its officers,
Directors employees and agents unless it is determined that the officers, Directors, employees
and/or agents of the Dee acted in a negligent or intentionally wrongful manner in connection
with dispatching the personnel of the Member.
13.4 Member Action Against the Dee
In the event that any Member should file suit or an action against the Dee, all representatives
of that Member shall be prohibited from attending any meetings or discussions or having access
to the results of such meetings related to the defense of the suit or action. The Member's
representatives shall have no direct access to any written communication concerning the matter
except by legal process, and no representative of the Member shall be allowed to vote on any
issue related to the suit or action.
ARTICLE XIV
RESOLUTION OF DISPUTES
The Members agree to engage in good faith efforts to resolve any disputes that arise over the
establishment, operation or maintenance of the Dee. Members that have concerns about the
operations of the Dee may appear at meetings of the Operations Committee, Executive
Committee and Board of Directors to discuss issues of concern.
ARTICLE XV
FORCE MAJEURE
A Member shall not be liable to the Dee or another Member for the failure to perform an
obligation under this Agreement due to unforeseeable acts or events outside the defaulting
party's reasonable control, providing the defaulting Member gives notice to the Board of
Directors and Executive Committee as soon as possible. Acts and events may include acts of
God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
16.1 Entire Agreement This Agreement shall supersede all prior oral or written statements,
agreements and understandings between or among the parties hereto with respect to
the establishment and operation of a county-wide public safety communications center.
16.2 Attorneys' Fees. In the event of litigation relating to the Agreement, the prevailing party
(e.g. the party whose position is substantially upheld) shall be entitled to recover from
the losing party any costs or reasonable attorney's fees incurred by the prevailing party
in connection with such litigation.
16.3 Severability. If any provision of this Agreement shall be held to be invalid by a court of
competent jurisdiction, the remaining terms of this Agreement to the extent not
Page 18 of 33
Dakota Communications Center jPA
inconsistent with any such holding, shall not be affected thereby if such remaining terms
would then continue to conform with the requirements of applicable laws.
16.4 Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together shall be deemed to
constitute one and the same agreement.
16.5 Waiver: Any right or remedy that a party may have under this Agreement may be
waived in writing by such party without the execution of a new or supplementary
agreement, but any such waiver shall not affect the future exercise of the rights of such
party hereunder (to the extent not previously waived in writing) or any other rights of
the parties not specifically waived. No waiver of any right or remedy by any party at
anyone time shall be deemed to be a waiver of any such right or remedy in the future.
16.6 Amendments, Modifications. This Agreement may be amended or modified only by a
written document, duly executed by all parties that are Members of the Dee on the date
the amendment is executed.
16.7 Section Headings. The descriptive headings of the articles, sections and subsections of
this Agreement are for convenience only and shall not affect the meaning or
construction of any of the provisions hereof.
16.8 Governing Law. The respective rights, obligations and remedies of the parties under
this Agreement and the interpretation thereof shall be governed by the laws of the State
of Minnesota which pertain to agreements made and to be performed in the State of
Minnesota.
16.9 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto.
16.10 Further Assurances. Each party hereto shall from time to time execute, acknowledge
and deliver such further instruments and perform such additional acts at no cost to such
party as the other party may reasonably request to further effectuate or confirm the
intent of this Agreement.
16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party
shall act in good faith. Each party acknowledges that this Agreement contemplates
cooperation between and among the parties.
Page 19 of 33
Dakota Communications Center JPA
Approved by the City Council
Date
CITY OF FARMINGTON
By
Date of Signature
Attest
Date of Signature
Page 23 of 33
Dakota Communications Center JPA
.......
c::
(])
E
(])
@
0)
q:
~
~
&
.......
c::
'-
o
-.,@
~ =:3
~.......
c:: 0
1) 2
)05
CI)_
c:: ctl
.52 c::
.....0
ctl.-
0.......
'_ ctl
c::.~
=:3 c::
E ctl
Ee>
00
()
~
~
ctl
a
. .
q:
.......
c::
(])
E
"5
~
.......
q:
en
>.'0
+JC
.- :J
00
o
c::
.Q
......
(,)
(I)
CI)
l....
(I)
0..
~ C/,)
o m
-0,
(J c::
(1).-
~......
c~~
"-:SlO
o'~
'E.!!2
ns.~
o (,)
allE
o
"0
.@
(,)
..92
~
l....(V)
(I) .
-C::l(()
E g
(1).-
~o
(I)
CI)'QCI)
CI) l....
=~(I)
.- (I) 0.
E.S:2 C/,)
Etf:m
000:
o (I).S:
::::>,......
CI)._ Q
> ...... :s-
.- ~
'5......:6
U.~.~
CI).S
>< ~ C/,)
w-eg
c::(:.;::
.... . S:2
.92 '\j
6'~
-:J
-,
t/) ~
c:.;::
.2 2 ~
a..~(I) (I)
.s .2 Lb ~
uC(I) E
e~:s E
.- s;; "0 0
CE.8c::(,)
~o(l)mC/,)
~Oe g
:S~:J :.;::
U g ~ ~
CI) CI) (I) (I)
>< C) a::: Q
w;tt:: 0
E.E!
w~
"0
c::
c:: ..c:: ....... m:-::::
(I)(,)O'C/,) (,)1::'-
~ ~ C::.Q2 ~ ~
s &~ 0 m
~ ~~ E c::( ~ (,) ~
=--e....ECI)-C::l
.- :9 l1.. c:: ~ ~ .92
EC/,) (l)l.;;<i--=:
EC/,)~EolUC/,)
o & .!2 (I) (,) .0 c::(
O -Ol....C::l....
c:: ~ a (I) :J'-
t/)(I) ~-C::lom
S~c6ilj~(,)6
~C/,)(I)s:~.E!(I)
f.'!:JCI)m~~~
Cl)C/,)~-Ja..:m
C.a5 ~o<':S-'a:s
OC/,)g>!J)(I)(I):S
c::._ s;;:.,...,... s
o ...... '- i=: .....
(,).!2l1.. ......
-- ....
o
t:
S
(/)
Q.
<(
(/)
Q.
<(
ll.
...,
...
Q)
+'
r::
Q)
(,)
(W) III
(W)r::
o
'0..
C'II~
(W) 'c
Q) :::II
'Ql)E
~E
o
(,)
co
+'
o
~
co
C
&:Q
....
c
cu
E
.c
u
~
... ... -
~.S! = 2;
~~~IO
..=...-.......
... == ='-
= .... ~ 00
o ~ .... Irl
r.I:lr.l:l-
...
==
=
o
5
Q.l
<Il
~
~ <Il
~...
"O~
== ....
Q.l Q.l
~=
~
o
.....
~
[)
Q.l
-
-
....
~
Q.l
,.:;c
~
~
... Q.l ~
Q.l ~ ~r 0'1
~ e .::: ('<")
.sC=1O
<Il
~
==
....
...
<Il
~
=
CI)
S
.....
-
-
ca
o
-
00
CI)
.....
-
==
o
...
~
==
'5
...
~
~
==
~
~
~
~
00
Q
"E
.....
o
.....
~
c.8
.:s.e-
o ==
,.:;c =
~ 0
QU
-
CI)
'"d
o
:E
~
o
.....
~
C)
o
-
<
-
00
o
U
'a)
Q.l
-
-
....
~
<Il
==
...
=
=
Q.l >.
- Q.l
l:l.-
l:l.-
<>
~
c
:s
E
E
o
u
'"d
::s
o:l
-
Q.l
:E
~
E--
0'1
00
'<:t
'<:t
t-:
-
00
~
-
-
00
~
'<:t
('<")
00
'<:t
o
~
00
-
r-
0;
10
0'1
o
r-
-
o
10
N
-
-
t'd
-
o ;>.
E-4.~
'0 '.;:J
C)
~-<
-
00
o
..dS
C)
~ 5
~'fi
..-4 ~
Cl CI)
_0..
.S 0
O..d
..... C)
p..~
p..o..
1:E .;!3
Cl)Cl
o:S"E
bJ) '0
~.....
'1: CI)
::S'"d
'"d .....
'"d ~
CI) _
~ ~
- ::s
::s 0
.9u
~ t'd
CI) ~
~ .....
CI) ~
~ .g
rI.l~
CI) 0..
bJ) .....
t'd C)
"E .....
CI)~
8 0..
CI) ~
l:l...8
CI)
00 00
CI) ~
..d 0
- .....
. ~ "Ei
'<:t_
o 0
o 00
N ~
~ ;>.
..8-
~ 3
t'd 0
oU
-'"d
.f' ~
.::: ;>.
- -
~u
~ CI)
CI)..d
;>.-
,-.8
o t'd
'"d~
5'"d
~ g-
o I
'"d~
CI)~-..
~,olrl
.0000
'"dt'd'<:t
CI)'"d~
~20
- ~ ~
::s CI) 0
.9 00.....
t'd CI) 00
C) (5..' :;
00 '"d CI)
~~~
~ N
~t)-
CI) CI) CI)
C) .= '"d
[) 8 .g
p..p..~
>
"C
'C;;
.Cl
:s
(/)
~
c
:s
o
U
c
o
:i:i
ra
u
.2
:c
I
N
Q)
.0
~
CI)
.0 0
::::;>. -
.s:,o 00 13
;>'"d5r1.l
.0 2..... ::s
v 00 ~ CI)
'{jj .g, ~ .0
.g ~ l:l. 0
00 CI)-
CI) ..d 00
.;!3 .0 - .....
..d_~CI)
~ ;,:: ,9 '"
>-~
;>.;>--
_ - ::s 00 ~
'.;:J ~ t'd..... ~
~::sp..o:St'd
CI) 0 _ ~
dCZ) .~o
..d 5 , ..d .....
C)WrI.l--
~ ;>.~ ~ S
o..'"d 0 g CI)
00..... 0.. !:< 0..
:.:::l ~ t'd ~ 0
v _ CI) CI)::
"E a E 00...;!3
..... ;>...... ..d
.2., - :E 0 C)
~ Irl_
CI) ::s ~ N t'd
o:SO..8IO~
~ U 00 EA.....
..8C1)~,-'"d
..dCl)o-
~ - ~ CI)'S
o ~ 3 _ 0
'.;:J ~ 00 t'd.~
t'd 0 ~ ~ _
~'.;:J 0 ~ t'd
8.elU 2o:S
~ 8. ~ t'd]
o 0 -e ~ '1::
]~ ~..s 8.
- ~ ::::..... ~
5 ~-< ~ CI)
s..... I ~ ;>.
OCl~CI)~
IO"ECI)..d'"d
'-'..... ];::: 5
rI.l0~0_
~ ..... t'd
CI)'-8"E~
;>. 0'1:: ::s 00
CI)~p..o~
~ CI) F: r.;::
r.;::;>'[)@CI)
tj~S2o:S
~~::St'd~
r.;:: _ ~ bJ)..8
CI) ~ 0 ~ 00
o:Sr.;::U 01).....
~CI)rI.lbJ)~
c.8 ..d.~ ~,o
-tj..d'"d
;>. ~ ..... _ CI)
'"dCl)~ ~
'{jj ct:: U5 ~ 7-
.g-<~~o
00 . 0 .b ~
t'drl.l,orl.lo..
o:St'd.Et'd
~~...:l;'::~
.:; S '0 ~ 0
8 CI) ::s...sa ~
o..~t'dCl)o
.8Q)~~~
'"d Z o:l ..0 ;>.
~tj~~'"d
bh ~ 0 CI).....
t'dr.;::.g..d~
00 ~...:l ~ ::s
t'd ..... 00
..d-..... 'CI)
;>. cB fr ~ o:S
"EoCl ;>'CI)
::s 0 . ~ ~
o CZ) t'd.....
uo~ .'"d E
o~~CI)
~~]~'a)
L"EA_C)'"d
0
0
N 0
.--< o~
Irl
r-
EA
0
0
Irl
- r-~
.--<
00
10
EA
0
0
0 o~
- Irl
N
10
EA
0
0
Irl
0'1 N~
10
lI")
EA
0
0
0
00 o~
0
Irl
EA
0
0
Irl
r- r-~
('<")
'<:t
EA
0
0
10 o~
lI")
r-
('<")
0
0
lI")
Irl N~
-
('<")
EA
0
0
0
'<:t o~
lI")
N
EA
0
0
lI")
('<") ~
00
.--<
EA
0
0
N o~
lI")
N
-
EA
0
0
lI")
- N~
10
EA
~
00 0 ~ ;>.;>.
- .....
t'do:S ~ _'"d
~ .....
J~ ~ 0 ::s 00
CI) ~'o o.g
'- 0..
00 UCZ)
;>.
-
.~
~
0
u
~
c.8
;>.
-
.....
~
.....
ra -
C)
c -<
0 .--<
:i:i t'd
-
I! 0
~
cu '-
Q. 0
0 5
.!!! 8
.c CI)
~ p..
~
ra .---.
Q. ~
'"
Q '"d
.....
00
.... .g ~
c
'0 CZ) -.
;>. ...
Q)
.., ~ ....
t:
a.. Q)
~ 0 ()
u ~ en
ra '"d ....
C CI) o'
0 ~ ('I)"
- ('I) .-
:i:i ::s Q) t:
C) 'll.O:::I
ra ca ca E
u
oS! U ll. E
'-' 0
:c I ()
00 ca
1;; - ....
00 0
0 ~
0 u ca
U Q
bJ)
C' ~
.....
c ~
:i:i [)
I! 8-
cu
Q. -
t'd
0 -
0
- ~
ra '--'
:s II
c 00
c -
rI.l
< 0
\I- U
0 bJ)
c ~
.....
0 ~
:i:i [)
.!!! 0..
:s 0
~ '-
0
ra CI)
U ~
I ..d
CZ)
M ca
Q) !
:c
~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Jda-
TO:
Mayor, City Council
FROM:
Robin Roland, Finance Director
SUBJECT:
Adopt Resolution - Preliminary 2006 Tax Levy
DATE:
September 6, 2005
INTRODUCTION
State statute requires a preliminary 2006 tax levy to be certified to the County by
September 15, 2005. Once the proposed tax levy is adopted, the City Council may lower
the levy, but cannot increase it.
DISCUSSION AND BUDGET IMPACT
The City Council was presented a copy of the Preliminary 2006 Budget on August 15,
2005. The preliminary tax levy is part ofthat proposed budget.
The Tax Levy proposed as part of the budget is $6,668,204 and includes $1,195,003for
debt service, $175,000 for Capital Acquisition and $60,000 for the Fire levy. The State
has not imposed levy limits for 2006.
As mentioned before, the preliminary levy is the maximum levy which Council could
adopt for 2006. The final levy, which will be adopted in December, may be less than the
preliminary but it may not be more. Council should schedule a budget workshop to
discuss the proposed 2006 budget in detail. The final levy and budget will be discussed at
the Truth in Taxation hearing.
ACTION REQUIRED
(1) Adopt the attached resolution, certifying the 2006 Preliminary Tax Levy to
Dakota County and establishing December 5, 2005 at 7:00 P.M. as the City of
Farmington's Truth in Taxation hearing for Tax Levy collectible 2006.
(2) Schedule a budget workshop for Wednesday September 28th with the possibility
of an additional workshop on a date to be determined later.
Respectfully submitted,
~?!(J
Finance Director
RESOLUTION NO. R -05
APPROVING PROPOSED 2005 TAX LEVY COLLECTIBLE IN 2006
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota was held in the Civic Center of said City on the 6th day of
September 2005 at 7:00 P.M.
Members Present:
Members Absent:
Member introduced and Member seconded the following:
WHEREAS, Minnesota Statutes currently in force require certification of the proposed
tax levy to the Dakota County Auditor on or before September 15, 2005; and
WHEREAS, the City Council of the City of Farmington, Minnesota, is in receipt of the
proposed 2006 revenue and expenditure budget;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of Farmington, that the following sums of money be levied in 2005, collectible in 2006,
upon the taxable property in said City of Farmington for the following purposes:
General Fund
Debt Service (see.attached schedule)
Capital Acquisition
Fire Levy
Gross Levy
Less: Fiscal Disparities
Net Levy
$ 5,238,201
1,195,003
175,000
60,000
$6,668,204
(794,764)
$5,873,440
BE IT FURTHER RESOLVED that a Truth in Taxation public hearing will be held on
Monday, December 5, 2005 at 7:00 P.M.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 6th day of September 2005.
Mayor
City Administrator
2005 BUDGET
Summary of Debt Service Levy to be Attached and Become part of Resolution
Number -05
Total
$ 236,658
24,607
60,000
455,438
418,300
$1,195,003
Improvement Bonds of 2003A
GO Refunding Bonds of 2004A
Wastewater Treatment bonds of 1995
Public Project Revenue Bonds of2001A
Certificates of Indebtedness 2004
2006 PRELIMINARY
LEVY & BUDGET
City of Farmington
City Council presentation
9/6/2005
2006 BUDGET
HIGHLIGHTS
· Expenditures are proposed to
increase by 10.8% over 2005
adopted budget.
· Due to operational cost increases,
significant fuel & utility cost
increases, existing contractual
obligations and additional staffing.
· The City's tax base increased by
14% for pay 2006.
2006 BUDGET
HIGHLIGHTS
. Proposed preliminary levy for all
purposes is $6,668,204;
$818,902 or 14% over the 2005
levy of $5,849,302.
. General fund revenues are
estimated at $7,888,457 with
67% from property taxes.
· No levy limit in 2006.
2006 BUDGET
HIGHLIGHTS
. Capital outlay for 2006 will be
funded by $175,000 capital
acquisition levy.
· Additional staffing proposed includes
two new patrol officers, a promotion
to administrative sergeant, an
accounting technician, a
maintenance worker / mechanic for
Public Works/Fleet and an
administrative support specialist for
Parks & Rec. at mid year.
1
REVENUES
2005 Adopted vs. 2006
-
2005 Adopted 2006 Proposed % change
Taxes $4,750,293 $ 5,298,201 11.5%
Permits/Licenses 1,124,905 1,131,756 0.6%
Intergovernmental 310,000 350,000 12.9%
Charges 386,000 439,000 11.4%
Fines 78,100 83,100 6.4%
Interest 225,000 225,000 0.0%
Other 10,000 13,500 35.0%
Transfers In 236,000 347,900 47.4%
Total $1,120,298 $7,888,457 10.8%
Summary
. Tax levy increase
14% over 2005;
General Fund 11 % .
. Revenues overall
increase is 10.8%.
. Expenditures up
10.8%; necessary
adjustments to
reflect actual costs.
. Proposed tax levy
results in a flat tax
capacity rate: 2005 =
43.767,2006 =
43.767.
8
7
6
5
4
3
2
o
2003 2004 2005 2006
EXPENDITURES
2005 Adopted vs. 2006
Proposed
2005 Adopted 2008 Proposed % change
Administration $604,447 $661,460 9.4%
HR/IT 302,989 338,744 11.8%
Finance 413,638 468,152 13.2%
Comm. Devlp. 739,815 809,021 9.4%
Police 2,404,910 2,721,958 13.2%
Fire/Rescue 468,959 540,008 15.1%
Public Works 1,031,715 1,094,409 6.0%
Parks & Rec. 940,825 1,047,179 11.3%
Transfers out 213,000 207,530 (2.5%)
Total $7,120,298 7,888,457 10.8%
SUMMARY (con't.)
· Market value of median value
home: 2005 = $196,700, 2006 =
$211,500
· Market value increase 7.52%
· City portion of taxes payable
median value home: 2005 =
$861,2006 = $925
2
Values Statement
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality
services in a highly professional and cost-effective manner.
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.