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Home My WebLink About05.19.08 Council Packet City of Farmington 325 Oak Street ""~rmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING May 19, 2008 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT unci! workshops are conducted as an informal work session, all discussions shall be consideredfact-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 aformal 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 MAY 19,2008 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/5/08 Regular) (5/12/08 Special) b) Adopt Resolution - 2008 Budget Revision - Finance c) April 2008 Financial Report - Finance d) Adopt Resolution - Providing for Sale of GO Improvement Bonds 2008A - Finance e) School and Conference - Parks and Recreation f) Approve Temporary 3.2 Beer Licenses - Administration g) Adopt Resolution - Approve Gambling Event Permit - Administration h) School and Conference - Administration i) Adopt Resolution - Approve MnDOT Cooperative Agreement - TH3 Roundabout Project - Engineering j) Adopt Resolution - Approve Dakota County Agreement - TH3 Roundabout Project - Engineering k) Acknowledge Resignation Liquor Operations - Human Resources 1) School and Conference - Human Resources m) Approve Bills n) Reject CCTV Bids - Human Resources 8. PUBLIC HEARINGS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids- Spruce Street/2nd Street Project - Engineering 9. AWARD OF CONTRACT a) Towing Contract - Police Department Action Taken R34-08 Approved Approved R35-08 Approved R37 -08 Acknowledged Approved Approved Rejected Approved 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids - TH3 Roundabout Project - Engineering b) Reconsider Park Regulations Ordinance Prohibiting Golf - Parks and Recreation 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street ~ rmington, 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 MAY 19,2008 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) ,. CONSENT AGENDA a) Approve Council Minutes (5/5/08 Regular) (5/12/08 Special) b) Adopt Resolution - 2008 Budget Revision - Finance c) April 2008 Financial Report - Finance d) Adopt Resolution - Providing for Sale of GO Improvement Bonds 2008A - Finance e) School and Conference - Parks and Recreation f) Approve Temporary 3.2 Beer Licenses -Administration g) Adopt Resolution - Approve Gambling Event Permit - Administration h) School and Conference - Administration i) Adopt Resolution - Approve MnDOT Cooperative Agreement - TH3 Roundabout Project - Engineering j) Adopt Resolution - Approve Dakota County Agreement - TH3 Roundabout Project - Engineering k) Acknowledge Resignation Liquor Operations - Human Resources 1) School and Conference - Human Resources m) Approve Bills 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 8. PUBLIC HEARINGS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids - Spruce Street/2nd Street Project - Engineering Page 14 9. AWARDOFCONTRACT a) Towing Contract - Police Department b) Reject CCTV Bids - Human Resources Page 15 Page 16 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids - TH3 Roundabout Project - Engineering b) Reconsider Park Regulations Ordinance Prohibiting Golf - Parks and Recreation 12. NEW BUSINESS 13. COUNCILROUNDTABLE 14. ADJOURN 7~ COUNCIL MINUTES PRE-MEETING May 5, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Ken Lewis, Building Official; Cynthia Muller, Executive Assistant 2. APPROYEAGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty had a concern with the ordinance amendment for park regulations. She asked if a specific park could be designated for practicing golf or designate a specific place in the City. City Administrator Herlofsky noted the issue is people getting hit with golf balls. Parks and Recreation Director Distad noted there are two golf courses less than a mile from the City. Staff has received calls that golf balls have come close to hitting kids in backyards. The ordinance would be enforced on a complaint basis. Councilmember McKnight commented on summer hours stating he will support them as long as there is flexibility for those with issues or those who do not want to do longer days. Human Resources Director Wendlandt stated a survey was sent out with 46 responses and 7 had issues with summer hours. Most had issues with the 5:30 time and a couple had issues with the 7:30 start time. Those have been addressed. Councilmember Wilson noted the normal hours at City Hall are 8:00 - 4:30. Ifhe worked at City Hall he may want to work 8 hour days and take time off on Fridays. If City Hall closes at noon on Fridays, that is not an option. Human Resources Director Wendlandt noted there are a couple employees who work night meetings and earn enough hours to cover that afternoon. Councilmember Wilson noted we are a City of 21,000. Even though we may not have the building permit traffic, the average resident 1-1 Council Minutes (Pre-Meeting) May 5, 2008 Page 2 would expect us to be here. If someone would want to take a half day off, they would plan for that with their vacation time. He was not supportive of summer hours. Councilmember Wilson commented on the ordinance amendment for park regulations. There have been various complaints where residents feel codes are not enforced properly. If golf balls go into someone's backyard, what can we do? Is there any enforcement attached to the ordinance? Is there a penalty? City Administrator Herlofsky stated if children are playing in the backyard and golf balls are coming close by, a parent would be concerned. If they see the person, they would call the police department, and they will come out and tell the person to leave. Parks and Recreation Director Distad stated he has received six calls this spring. Residents do not feel safe in the parks with golf balls. City Administrator Herlofsky stated if done properly, it will eliminate hassles. If the police are called and there is no ordinance, what can the police do? With the ordinance, it can be a misdemeanor. Regarding the ordinance amendment for park regulations, Councilmember Pritzlaff asked how many times people will be warned? Can it be posted on the website? If there is a problem, we need to stop it. Parks and Recreation Director Distad stated it can be posted to the website and signs could be placed in the parks. Councilmember Pritzlaff asked if a fine could be generated. City Attorney Jamnik stated it could be structured that way, but it is easier to integrate it into an ordinance. There could be an administrative fine. It was decided to pull this item from the Consent Agenda for discussion. Councilmember Pritzlaff asked about the card reader quote and the audio visual contract for the new City Hall. He asked why we are doing all these extra items and not the contractor and how much time are we spending getting all these bids. Human Resources Director Wendlandt explained as far as the card reader system, this is enhancing the system we currently have in other buildings and extending it to City Hall. Doing it ourselves is more cost effective. City Administrator Herlofsky stated if it is part of the project, the architect gets a percentage. It is easier for us to manage. Human Resources Director Wendlandt noted the contractor made sure the doors are ready for the card readers. Councilmember Pritzlaff stated as far as summer hours, he would like to know what surrounding communities do. He was not in favor of summer hours. If there are one or two people who cannot do summer hours, it would not be safe for them to work alone if they have to work five days. Mayor Soderberg pulled the adoption of the building code chapter 1306 from the Consent Agenda for discussion. 5. STAFF COMMENTS City Attorney Jamnik noted there should be a change in the action requested for the Schmitz litigation. The recommendation should read an amount not to exceed $72,500. The City has asked LMCIT to review the allocation between LMCIT and the City. They 1-2 Council Minutes (Pre-Meeting) May 5,2008 Page 3 have agreed to the review and there is a tentative agreement for are-apportionment. There may also be further revisions, but the amount will not be $72,500. City Administrator Herlofsky noted the Yellow Ribbon event has been changed to May 28, 2008. The new City Hall will be turned over to the City on July 14, 2008, with some punch list items. Between July 14 and August 1, we will be installing card readers and furniture. City Hall will close August 1, and the new City Hall will open August 4, 2008. At the last EDA meeting, it was mentioned to have a discussion regarding the old City Hall at the July workshop. City Administrator Herlofsky suggested switching it to the August workshop to hold it in the new City Hall. City Administrator Herlofsky provided Council with evaluation forms for his performance review. Council will complete the forms and return them to City Attorney Jamnik by the May 19 Council meeting. City Attorney Jamnik will provide a summary at the June 2 Council meeting. There was an article in a newspaper regarding the liquor store having a deficit in 2006. City Administrator Herlofsky noted there were 44 other cities in the state who had similar Issues. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:52 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~)7?~ ~nthia Muller Executive Assistant 1-3 COUNCIL MINUTES REGULAR May 5, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: - Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Ken Lewis, Building Official; Cynthia Muller, Executive Assistant 4. APPROVEAGENDA Councilmember Wilson pulled item 7e) Summer Hours for separate vote and discussion. Councilmember Pritzlaff pulled item 7b) Amend Park Regulations Ordinance for discussion. City Administrator Herlofsky added item 7k) Approve Temporary On-Sale Liquor License. Mayor Soderberg pulled item 7h) Re-Adopt Building Code Chapter 1306 for discussion and separate vote, and 7a) Council Minutes to abstain. MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Historic Preservation Month - Administration MOTION by Pritzlaff, second by Wilson to proclaim May 2008 as National Historic Preservation Month. APIF, MOTION CARRIED. b) Heritage Preservation Award - Administration Mr. John Franceschelli, member of the Heritage Preservation Commission, presented the Heritage Preservation Award to Progress Land Company for the property located at 18556 Pilot Knob Road, known as Prairie Centre. Mr. John Steinbrook, Manager of the Prairie Centre property received the award. He noted Mr. Warren Israelson, owner of Progress Land Company, preserved that property from the beginning of the development. Mr. Franceschelli noted the HPC also has a display in the library noting the past 14 Heritage Preservation Award WInners. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: 1-5 Council Minutes (Regular) May 5, 2008 Page 2 c) Received Information Card Reader Quote - Human Resources d) Acknowledged Retirement Municipal Services - Human Resources f) Approved Settlement Schmitz Litigation - Finance g) Approved Audio Visual Contract - Administration i) Approved Capital Outlay - Parks and Recreation j) Approved Bills k) Approved Temporary On-Sale Liquor License - Administration APIF, MOTION CARRIED. a) Approve Council Minutes (4/21/08 Regular) -Administration MOTION by Pritzlaff, second by Fogarty to approve Council Minutes (4/21/08 Regular). Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. b) Amend Ordinance - Parks Regulations - Parks and Recreation Councilmember Pritzlaff suggested having an administrative fine, rather than giving out a certain number of warnings. Councilmember Wilson asked if the administrative fine could be added later. City Attorney J amnik replied yes, it could also be brought in for other misdemeanor type violations listed in the code that would provide an alternate means of enforcement, or this one could be singled out for an administrative fine. Councilmember Wilson asked about the water restrictions fine. City Attorney Jamnik stated they are not in the code, but are listed on a fee schedule established by the Water Board. Councilmember Fogarty felt there would be other ordinances a fine could be attached to rather than this one. If Council wants to consider this one, then dozens of ordinances should be reviewed. The current version gives the Police the authority to stop people. Now, it is not against the law. City Attorney Jamnik noted items a-f in the code are also violations. This would be item g. Councilmember McKnight did not support the ordinance. Councilmember Pritzlaff stated the Water Board does not give warnings, they give a citation when they see it. City Attorney Jamnik stated the Police Department does set an enforcement protocol such as winter towing with a uniform methodology of warnings for a specified period of time. He suggested the Parks and Recreation Commission and Police Department figure out an enforcement strategy. Mayor Soderberg asked if it becomes an administrative fine, does that give the Police the same authority, or would it not be a Police issue. City Attorney Jamnik replied it depends on how it is structured. If Council allows an administrative fine, the Police would have the discretion to issue either an administrative citation or a criminal citation. If the draft was changed to de-criminalize it, so that only an administrative fine could be issued, that could be done. Mayor Soderberg noted these items are brought to government bodies because people do not respect the rights of others. If someone is in the park driving golf balls into neighboring 1-6 Council Minutes (Regular) May 5, 2008 Page 3 yards, it generates complaints, and the only way to respond is to pass a law to prohibit it. The person who is chipping or putting, does not do any harm. It is the person out there driving golf balls to see how much distance he can get and hooks it into someone's window. Staff has made a recommendation to make it a part of the ordinance which would make it a misdemeanor, enforceable by the Police Department. He would prefer to leave it like that. MOTION by Pritzlaffto send the ordinance back to staff to add an administrative fine. Motion failed for lack of second. MOTION by Fogarty, second by Soderberg to approve the ordinance as is. Voting for: Fogarty, Soderberg. Voting against: McKnight, Wilson, Pritzlaff. MOTION FAILED. e) Approve Summer Hours - Human Resources Councilmember Wilson stated he would not support summer hours. If staff wants to exercise their opportunity to use vacation time, that would be the appropriate course of action. Councilmember Pritzlaff stated he has been asked by residents why there are summer hours. In the past, Council was told this was for people who wanted to come in early to pick up building permits, etc. With the current building permit issue, this will not help contractors, etc. It will not be helping the residents. He had concerns with employees with daycare issues, etc. He felt there was some force for people to say yes to doing this rather than looking at the issues. If it is made flexible, do we have someone working by themselves and being put in jeopardy. Councilmember Fogarty asked about the Maintenance Facility. The office hours are 8:00 - 12:00. She did not have a problem with summer hours, as long as management is being flexible and accommodating people who need it. Councilmember McKnight stated he would support it as long as management is being flexible with staff. MOTION by McKnight, second by Fogarty to approve summer hours. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. h) Re-Adopt Building Code Chapter 1306 - Building Inspections Mayor Soderberg noted this item was approved on July 7, 2003. It was repealed soon after by the Council because it became burdensome to the property owners. The change made addressed R-3 occupancies. The issue that became burdensome was commercial buildings that wanted to expand and it required the entire building to be sprinkled. Councilmember Fogarty understood that this is not an optional state law and we have to adopt it. 1-7 Council Minutes (Regular) May 5, 2008 Page 4 Ken Lewis, Building Official, stated it is an optional chapter. Mayor Soderberg stated he would not oppose sprinkling in new construction, but with remodeling it is burdensome. Building Official Lewis stated you are only required to sprinkle a building with an occupancy change if it is more restrictive such as a daycare or assembly as more people are involved in the building. Councilmember Wilson asked if a particular situation has come up where Council needs to address this now. Staff replied no, when the code was adopted on July 10, 2007, Chapter 1306 needs to be re-adopted as soon as possible, otherwise it goes away. Staff had six months to have it re-adopted. City Attorney Jamnik stated the State changed the building code rules and their references. The City could take the position that we are grandfathered in and do not need to make the changes, but the State took the position that because they changed the rules, we have to re-adopt even if we do not want to change the substantive provisions. We have to re-adopt their new rules rather than operating by an automatic enactment. The new state code says you have two options on sprinklers; old and new, or new only. The City previously adopted new only. This draft is new only. We are not changing the rules for the City. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 008-581 amending Sections 4-1-1 and 4-1-2 of the Farmington City Code to adopt recent revisions and future amendments to the Minnesota State Building Code. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Budget Adjustments - Finance Given the current situation with building permits, revenues in the 2008 budget need to be reduced by $250,000 and also expenses. Staff recommended four areas to save $250,000. - Not filling the 2008 budgeted position shared by Human Resources and Fire. Salary and benefits total $53,456. - Not filling the vacant Assistant City Engineer position. Salary and benefits total $90,828. - Reducing the Building Inspections staff by one person. Salary and benefits total $67,300. - Shifting 33% of the Community Development salary and benefits to the EDA special revenue fund at a cost of $48,000. This amount was set aside for a consultant for the EDA which will not be needed. Staff and Council will be discussing carrying these reductions over into the 2009 budget. A formal resolution revising the 2008 budget will be brought to the May 19, 2008 Council meeting. 1-8 Council Minutes (Regular) May 5, 2008 Page 5 Mayor Soderberg asked if the reduction in building inspections will result in a layoff. City Administrator Herlofsky replied yes and no. There is currently an individual looking to retire, but would prefer to have the status of layoff in case he needs to be called back, but basically the individual is retiring. Councilmember Pritzlaff asked about shifting 33% of the Community Development salary and asked if the consultant was going to be for Community Development or the EDA. He felt the 33% was being taken from Community Development and put on the EDA side. Finance Director Roland replied in the EDA 2008 budget there is money set aside for consulting fees that will not be used at the level budgeted. City Administrator Herlofsky noted part of the reasoning is besides the consultant amount, with the staff being provided for the EDA, it would seem to be an appropriate cost and expense for the EDA. Councilmember Pritzlaff asked about not filling the Human Resources and Fire position and if there was a way that current staff can help. City Administrator Herlofsky stated we have a low amount of staff and the reception desk helps out when there is time. When Council approved the position last year, it was on the basis that there would be enough permit revenue to cover it. We are now looking at $250,000 in revenue for building permits, rather than the $500,000 budgeted. As some of these positions are not filled, now is the time to do it. Councilmember Wilson asked with 33% of the Community Development salary corning from the EDA, would that have the effect of the EDA having a staff person? City Administrator Herlofsky stated the EDA would be sharing the cost for the two employees. The EDA is allowed to have an employee according to the by-laws. Councilmember McKnight had a concern with not filling the Assistant City Engineer position, but was comfortable with the level of engineering we have with City employees. He was comfortable with all four recommendations and appreciated starting early on this for next year. Councilmember Fogarty also appreciated doing this now rather than at the end of the year. As a Councilmember she was comfortable with the EDA paying 33% of the positions. On the flip side, she is concerned about the budget for the EDA, and wants the budget addressed at the next meeting because of this. 11. UNFINISHED BUSINESS a) Approve Flagstaff Project Change Order - Engineering This is the second change order for the Flagstaff Avenue project. The first item on the change order was added to place a valve at the end of a water line for testing and hydrant flushing. The second item was drain tile installed at the north end of the project because there was a spring encountered in the roadway and they needed a way to discharge the water into the ditch. Items three and four deal with signage changes made and some striping. Items five and six were added to compensate the contractor for additional work they are doing on the project now to meet a deadline to get utilities to the school in the time frame the school needs them. Item seven will be compensation when they move north 1-9 Council Minutes (Regular) May 5, 2008 Page 6 of the school, there is a gas line running down the west side of Flagstaff Avenue that feeds the school and the gas line will have to be supported as they stub out from the main line going up the road. Item eight is a price reduction for aggregate on the north end of the project underneath the pavement. The total change order amount is $81,714.28. It is within the project budget. Mayor Soderberg noted many ofthe change orders are driven by the school district's requirement to get access from the south to the school. City Engineer Schorzman stated the school district agrees with the changes. Councilmember Wilson asked how the reduction on item eight was identified. Staff replied based on an analysis of the rock. Councilmember Wilson asked if the less than proposed rock would have any impact on the life span of the road. City Engineer Schorzman replied staff does not believe it will. The issue with the rock was that it contained a few more small particles, but it is crushed limestone and those help glue the road together. Staff does not think it will have an impact on the life cycle of the road, however the specifications were clear on the gradation wanted and we did not get that. Therefore, we exercised that part of the contract to get the price reduction. Councilmember Pritzlaff asked if there was a target date for access to the south side of the high school. Staff felt by doing what they have done, they accelerated the arrival at the south entrance by 4-6 weeks. Councilmember Pritzlaff asked if the gas line on the west side of Flagstaff was added afterwards or was it always there to serve the current properties. Staff replied the gas line being supported is a new line that was installed for a larger capacity to serve the school district. It was installed last fall so the school could have heat over the winter. Councilmember Pritzlaff asked if it was known that it was going to be needed when the project went out for bid. City Engineer Schorzman replied the City did not make the contractor aware of that nor did we know for sure when it was going to go in. This may not have been an issue had they gotten further along in the project before the cold weather. MOTION by Wilson, second by Fogarty to approve change order 2 in the amount of$81,714.28. APIF, MOTION CARRIED. b) City Hall Budget Update -Administration Staff provided Council with an updated budget for the City Hall project. The building will be turned over to the City around July 14,2008. The building will be open the first week in August. Councilmember Pritzlaff noted at the last EDA meeting it was mentioned to discuss the current City Hall at the July Council workshop. City Administrator Herlofsky proposed to change it to the August workshop so it could be held in the new City Hall. Councilmember Pritzlaff was concerned with moving it out that far. He would prefer to have it at the June or July workshop. Councilmember Fogarty felt there would be more room in the new building. The majority of Council was fine with either date and it will be brought back at a later time. 1-10 Council Minutes (Regular) May 5, 2008 Page 7 c) Amend Ordinance - Boulevard Trees - Planning This item was discussed at the February 4, 2008 Council meeting. On June 4, 2007, Council approved a policy for boulevard trees. The policy was to no longer place trees in the boulevard, but on the private property. Since February 4,2008, staff has discussed this issue with the utility companies and they are in favor of staff s proposal. There will continue to be a front yard drainage and utility easement at lOft. Lot frontage trees will be planted at 8 ft. back from the front property line. Utilities will be placed at 6 ft. from the property, under the sidewalk, and into the boulevard. Nothing will go beyond the 8 ft. on a new lot. So trees will be allowed within the utility easement as that remains at 10ft. Boulevard trees will continue to be planted by developers and/or the City on boulevard tree routes. The Natural Resources division will inspect and trim boulevard trees, including existing trees. If the tree dies, they will remove it. The City will replace boulevard trees on boulevard tree routes. The owner of any lot of record existing on the adoption date of this ordinance may at their own risk replace a dead boulevard tree with a new tree to be planted on the boulevard, provided the new location is not within 10 ft. ofthe water or sewer line or 2 ft. from underground utilities. The owner will be responsible for trimming lot frontage trees. No trees will be allowed within the 5 ft. side easements. As long as there is a Natural Resources staff, there is no need for a Reforestation Advisory Commission. Staff will bring this back at a later time to repeal that ordinance. City Engineer Schorzman stated the gas company will locate more towards the street. The phone, electric, and cable will use a joint trench which will be 5-6 ft. into the easement. This should improve the accuracy and consistency of locations. MOTION by Wilson, second by Pritzlaffto amend ORDINANCE 008-582, sections 10-2-1, 10-6-10(F), 10-6-10(0), and 8-1-5(A) concerning replacement trees, lot frontage trees and boulevard trees and direct staff concerning the continuation or deletion of the Reforestation Advisory Commission. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Amend Ordinance - Drainage and Utility Easements - Planning This ordinance amendment would pertain to new lots with drainage problems and reduce the opportunity for anyone to put anything in the drainage and utility easements unless it is sod or a fence. The easement would be 10ft. in the front and the rear, and 5 ft. on each side of the property line. No structures, landscape material, impervious surfaces are allowed in the easements except for sod and fences. MOTION by McKnight, second by Fogarty to amend ORDINANCE 008-583 amending Section 10-2-1 concerning definitions, and Section s 11-4-4 (A) & (D) concerning drainage and utility easements. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 13. COUNCIL ROUNDTABLE 1-11 Council Minutes (Regular) May 5, 2008 Page 8 Councilmember Wilson: of Prayer event. Thanked Mark and Justine Jacobson for the National Day Saturday he participated in the pond clean-up at the Earth and Arbor Day celebration. There were 450 people participating in the park and pond clean-up. He thanked Parks and Recreation staff for their work at the arena during the event. Councilmember Pritzlaf/: He and Parks staff, along with 5th and 6th graders planted trees for Arbor Day. Mayor Soderberg: He displayed a plaque received from the Humphrey Institute for staffs work on Pollution Prevention Day and congratulated staff on this award. Rambling River Days is fast approaching. There are a lot of events added and all will be button events. Alexis Johnson, a 5th grader, drew the winning design for the buttons. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:18 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~,-zY~ /'/l~ v Cynthia Muller Executive Assistant 1-12 CITY COUNCIL I PARKS AND RECREATION COMMISSION WORKSHOP MINUTES May 12, 2008 Acting Mayor Pritzlaff called the meeting to order at 6:30 p.m. Present: Acting Mayor Pritzlaff, Councilmembers Fogarty, McKnight Parks and Recreation Commission members Charlie Weber, Aaron Fitzloff, Tim White, Karen Neal Also Present: Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Cynthia Muller, Executive Assistant MOTION by McKnight, second by Fogarty to approve the agenda. APIF, MOTION CARRIED. 2009 Bud2et Discussion Councilmember Fogarty asked for an update on the levy limit. Finance Director Roland stated it has not been set yet. Councilmember Fogarty stated she is looking for minimal growth in the 2009 budget. She realized there are contractual obligations and increases in the levy, but other than that she is looking for a standstill. Councilmember McKnight asked if City Hall was in the 2008 budget. Finance Director Roland stated half of it was in the 2008 budget. Councilmember McKnight stated he could see a 0-5% increase on the levy and felt that would be below any levy limit. Finance Director Roland stated she made the comment at the Council meeting that if we are talking about that level of standstill, there will come a time when it will affect services. Council needs to understand that is possible. Councilmember McKnight replied that is for services. Finance Director Roland stated staff would need to hear what services are acceptable to cut. Acting Mayor Pritzlaff asked if the new City Hall is being paid for through taxes. Finance Director Roland replied yes. Acting Mayor Pritzlaff felt an increase of 0-2% would be possible and stay close to where we are now. He understood having to make up for wage increases and understood services would have to be cut. In the businesses that he works with, a lot of people are being let go. You hate to see it in any market, but he does not want to come off to the taxpayers that we are exempt from doing that. The numbers are low enough and we need to look at services and personnel. Weare not exempt from that and need to hold it tight. Acting Mayor Pritzlaffasked staff to bring back preliminary numbers showing what 0-2-5% would mean in changes. Finance Director Roland replied she can do it in general terms, not specifically. Acting Mayor Pritzlaff agreed. Finance Director Roland stated last year we showed what the contractual obligations are, what the mandated changes to benefits such as PERA, insurance, etc., that we have no control over, what a 0% or 5% levy would cover in general terms. It will also depend on levy limits. Levy limits have historically exempted debt service which is why we sold bonds to buy equipment. Staffs intent is to come back to the June workshop with that discussion. There is an expected growth of2% according to the county. This includes everything. If it weren't for new construction, we would take a 4% hit; a decline in the tax base. 1-13 City Council Workshop May 12,2008 Page 2 Parks and Recreation Commission Parks and Recreation Director Distad presented a spreadsheet showing deferred park improvements. The estimated cost to complete remaining improvements is $11,412,172. There are six parks that make up the majority of this cost. The larger parks are Fairhill with a youth basebalVsoccer complex, Mystic Meadows 2nd Addition park which has an adult softball complex, and Rambling River Park which will be master planned this year. The fourth park is Evergreen Knoll Park. He also presented a S-year Capital Improvement Plan for 2008-2012. This included neighborhood parks and larger parks which would be paid for through bond referendums. Council was also provided with information on sources of dedicated funding. Sources include: 1. Cash in lieu and park development fees - This depends on the amount of development and whether the City takes land or cash for land. 2. Liquor store profit transfer - There were a couple years where the liquor store did not make enough money to put money into the park improvement fund, and also in the arena fund. 3. Beverage vending contract - There was a five-year contract with the vendor where they dedicated $300/month for park improvements. That contract will end in June 2008. 4. Recycling profit sharing - This started in 2007. It was negotiated in the one-year extension agreement with the hauler to split the proceeds SO/SO. This was renewed for 2008. The curbside clean-up is not included; this is for the weekly recycling collected. Councilmember Pritzlaff asked about the cardboard. Staff replied that goes into the solid waste fund. S. Interest - This depends on the fund balance. 6. General fund transfer - There is no general fund money transferred into the park improvement fund. The current balance is $S48,897. There is $369,000 earmarked for improvements at Vermillion Grove Park, North Creek Park, Farmington Preserve Park, and Hill Dee Park. The Parks and Recreation Commission wanted to discuss where to find financing in the future. Do we identify other sources such recycling profit, or cardboard recycling? Acting Mayor Pritzlaff suggested looking at any money that we do not count on on a day by day basis, such as the cardboard recycling and have the revenue go to parks. He also suggested curbside clean-up money, special licenses issued throughout the year; whatever we do not budget for. Councilmember Fogarty stated that is an accounting shift. We would have to fill in the gap in the solid waste budget. She stated the only reason for the City to own liquor stores is to help fund things. She did not like the accounting shift to put the money into the general fund and then move it out. She would rather have the money go straight to the park fund. Councilmember McKnight asked if the commission was looking for solutions to the smaller neighborhood parks, the three larger parks, or both. Parks and Recreation Director Distad stated Councilmember Wilson suggested continuing chipping away at the neighborhood parks through the current funding sources. He felt the larger projects, such as ball fields and athletic complexes 1-14 City Council Workshop May 12,2008 Page 3 should go to a referendum. When discussing funding from recycling, it encourages people to participate because they know the money is going back into the community. Councilmember McKnight agreed with that approach. The only issue with the referendum is when and how to ask. This is not the year to ask. Mystic Meadows and Fairhill parks are needed. He felt the City needs to meet with the school district to determine when they are asking and when the City will be asking. Councilmember Fogarty agreed this is not the year. She felt the year to ask is 2010. The City will have the land in our possession. It also gives us time to work with interested groups. Soccer and baseball have put aside money. She wants our number lower because she wants the invested groups participating. She would like to see everyone at the table so when we go out for a referendum there are a lot of people who have a vested interest in helping it pass and they have helped bring down the price for the taxpayer who will not use it. Commissioner Fitzloff stated this needs to be communicated to the user groups so they can raise more money. Councilmember Fogarty agreed and suggested the City needs to set the benchmark. Acting Mayor Pritzlaff asked what happens with Mystic Meadows Park if they do not develop. Parks and Recreation Director Distad stated the City has a Letter of Credit for Mystic Meadows for a value of 9 acres. The City could cash it in and buy 9 acres of land south of that development. The Seed family is saying to build the Fairhill Park to jump start the development. There may be an opportunity to work with the developer to put some money into it to help get it started, which would bring in home buyers wanting to live close to a nice park. Mystic Meadows has a large pond, but no park. Parkview Ponds has a park that will be built this year which could cause homes to be built. Acting Mayor Pritzlaff asked if it was worth taking the money for the 9 acres and using it to fund a park or does it have to be used for the actual facility. Parks and Recreation Director Distad stated if we did that, we would buy land south of the development for the adult complex. By that time, maybe the price of land will come down and we can purchase more than 9 acres. Acting Mayor Pritzlaff asked ifthere was money left over, if that could be used for something else. Staff replied you could, but for example 7 acres would not allow for much room. Councilmember Fogarty felt it was wiser to be patient. Staff replied the City has always obtained land through park dedication rather than spending the money. Commissioner White stated he has seen where the Parks and Recreation received donated land and the groups would install the ball fields and run it, but the Parks and Recreation still owns the property. He has worked on a referendum which took 4 years. The City floated the bonds through the state and the Parks and Recreation had to repay it. The businesses bought advertising signs for the fencing and that money was used to pay for the lighting. The Rambling River Center, outdoor pool and arena are aging. With the 2010 referendum, Council was asked if the referendum would also include facility needs besides athletic fields. Councilmember Fogarty stated she needs to know what it will take to keep the ice arena up and running for another 30 years, or if it is not worth the investment. If it is not worth it, she would rather use that money for a new facility. Parks and Recreation Director Distad stated if we invest $1-2 million in the arena, we could get another 30 years out of it. The building is well maintained and structurally very sound. The mechanical system's useful life is ending. We need a new concrete floor with the piping, new compressors, we just got a new cooling condenser, we need a new dehumidification system, new dasher board system, and address ADA issues. The 1-15 City Council Workshop May 12, 2008 Page 4 problem is people want two sheets of ice. Councilmember Fogarty felt it was worth the investment. It is a fantastic location and she likes the arena. If the school district needs something bigger for their home ice, then they need to come to the table with the hockey association. The arena meets the basic hockey needs, except for one or two big games. Councilmember Pritzlaff asked if it has been totally explored to build another sheet of ice in that location. Councilmember Fogarty stated she understood we could not even rebuild if the current arena was tom down. Parks and Recreation Director Distad stated the issue is the flood plain. There is also the issue of not having enough parking. Commissioner Fitzloff asked if there was money earmarked for this. Staff replied it has been identified in the facilities study. Councilmember McKnight asked where the money for the concession stand goes. Staff replied there is an agreement with Youth Hockey because they built the warming house for the outdoor rink. They keep the concession sales as part of paying them back for the warming house. The agreement expires in 2011. In looking at a referendum, Acting Mayor Pritzlaff suggested putting down everything they need, not what they want. When going to the public, keep it to what we need and ask them once, giving them the amounts for each item. Councilmember McKnight stated you have to throw everything on the table to start, and then see what groups are comfortable with. Staff suggested the commission rank the items, bring them to Council, and then take it back to the commission. When it goes to the vote, it is something everyone can live with. Commissioner Fitzloff noted Apple Valley passed a referendum and they had everyone covered. They had something for seniors, a water park, youth complex, and playground. He suggested because of having Lifetime Fitness, rather than going for a community center, we should upgrade the current facilities. It was. suggested that a member of the Park and Recreation Commission attend a meeting of the various user groups and ask them to step up so they can begin fund raising. Commissioner White noted everyone has to make sure they are saying the same thing and be upfront with them about the expectations and you cannot change them once you start. Council has mentioned in the past they want to do a referendum with an election. The year for the referendum would be 2010, but it will take a lot of work. The Parks and Recreation Commission will determine the needs and one member will meet with each user group to discuss the referendum. Council will meet with the school district to determine their plans for recreational facilities and referendums. The next discussion was regarding trails. There is no funding source available to overlay trails. Staffhas discussed doing them on a cycle, but you cannot seal coat trails, you can only crack seal them. Trails will last 12-15 years if maintained. Staff has rated the trails as to how they are cracking. There are 42 miles of paved trails. Councilmember Fogarty agreed this could come from the road and bridge fund. The existing City Hall was discussed and what the public process will be to obtain input. Acting Mayor Pritzlaff stated the Council will do a workshop in August when the new City Hall opens. Council has not determined what the process will be. They do want everyone who has an opinion to be at the workshop for public comment. Acting Mayor Pritzlaff felt the old City Hall would be a good location for the senior center. He suggested bringing them over for a tour. The current Rambling River Center would be tom down for parking spaces for downtown. 1-16 City Council Workshop May 12,2008 Page 5 Councilmember McKnight stated having this for the Senior Center is his first choice. Councilmember Fogarty felt she did not have enough information. She was not interested in tearing the building down and felt it was too valuable to do that. She wanted to know what everyone in the community was thinking. The original plan was to sell this property and pay down the bonds. There will be people who want to know what happened to that plan. She wanted to make sure there was good reason to deviate from the original plan. The City owns a lot of property downtown. Maybe it is time to let some of it go and let it develop. Her inclination was to not tear it down and turn it into a park. Acting Mayor Pritzlaff noted the City has to maintain 50 ft. around the well site, so the City cannot sell the building because of the well site. The Parks and Recreation Commission members all felt it would be a good site for the senior center. It does not make sense to tear down the building. Councilmember Fogarty suggested part of it could be the senior center and lease out the rest for businesses. It was also suggested to have a senior center by day and a teen center by night. Councilmember McKnight felt there are plenty of places for a veteran's memorial. Acting Mayor Pritzlaff stated the new City Hall will be ready August 1, 2008, and the Council Workshop would be held August 11,2008. It was decided to hold the park tour on October 13,2008. The Parks and Recreation Commission will discuss how to approach user groups regarding the referendum at their meeting on Wednesday, May 14,2008. MOTION by Fogarty, second by McKnight to adjourn at 7:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/Y7~ (Cynthia Muller Executive Assistant 1-17 7' City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us ///....) /" .... .,..'t Mayor, Councilmembers and City Administratdr if;; '"._,r' TO: FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution 2008 Budget revision - Finance DATE: May 19,2008 INTRODUCTION The 2008 budgeted revenues and expenditures require revision as discussed with Council at the May 5, 2008 meeting. DISCUSSION & BUDGET IMPACT The following chart shows the 2008 adopted budget and proposed adjustments. Also reflected are two budget adjustments approved by Council prior to May 5th; the Commercial Vehicle project and High School Security project in the Police department. 2008 Adopted Adjustment 2008 Revised Budget Budget Revenues: Licenses & Permits 532,450 (250,000) 282,450 Charges for Services 506,000 3,200 509,200 Fines & Forfeitures 85,000 24,000 109,000 Transfers In 305.000 48.000 353.000 Net revenue adjustments (174,800) Expenditures: Human Resources/Info Tech 276,482 (26,728) 249,754 Police 3,361,495 28,711 3,390,206 Fire 740,723 (26,728) 713,995 Public Works 1.623.751 (158.128) 1.465.623 Net expenditure adjustments (182,873) Total budgeted revenues after revision would be $8,887,809. Total budgeted expenditures would be $8,879,736. 2-1 ACTION REQUESTED Adopt the attached budget revision resolution. 2-2 RESOLUTION NO. R -08 RESOLUTION REVISING GENERAL FUND BUDGET FOR YEAR ENDED DECEMBER 31,2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of May 2008 at 7 :00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Code provides for the increase of the amounts in the budget only if, and to the extent that actual receipts exceed the estimated revenues, and; WHEREAS, the City Council may at any time reduce the sums appropriated for any purpose in the original budget resolution, and; WHEREAS, the City Council adopted the 2008 budget on Resolution R94-07 on December 17, 2007. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the following revisions to the general fund budget for the year ended December 31, 2008 are authorized: Adopted per R94-07 Revised per this resolution General Fund Revenues: Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Other Revenues Transfers In Total $6,969,159 532,450 385,000 506,000 85,000 280,000 305,000 $9.062.609 $6,969,159 282,450 385,000 o 280,000 35J,OOO $8.887.809 2-3 Expenditures: Administration Human Resources/Information Tech Finance Community Development Police Fire Public Works Parks & Recreation Transfers Out Total 796,387 276,482 498,982 411 ,515 3,361,495 740,723 1,623,751 1,253,274 100,000 $9.062.609 498,982 411,515 1,253,274 100,000 $8.879.736 This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May 2008. Mayor Kevan A. Soderberg day of May, 2008. Attested to the Peter J. 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Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City Administrator ~ Robin Roland, Finance Director ~ TO: SUBJECT: Adopt Resolution providing for sale of GO Improvement Bonds - Finance DATE: May 19,2008 INTRODUCTION Funding is necessary for the Elm Street and 195th Street East Extension projects. DISCUSSION & BUDGET IMPACT The total budgeted cost for the Elm Street project is $4,721,000; $2,022,000 is funded by Dakota County, $1,428,000 is funded from cash contributions from the City's Sewer, Storm Water and Water funds and the balance from bonds. These bonds will be repaid by special assessments against the properties in the Elm Street assessment area. The total estimated cost for the 195th Street East Extension project per the feasibility study is $12,133,000. Bonds to cover the total project cost are proposed with repayment coming from Dakota County, the developer, City MSA and Storm Water Trunk funds. Dakota County will contribute approximately $4.5 million to the project over the next three years and the developer's commitment to the special assessments is outlined in the Fairhill PUD agreement. Staff desires to keep the total amount of bonds issued in 2008 under the $10 million bank qualification limit to avoid adverse conditions in the current bond market. If additional funding is required to complete the 195th Street East Extension project, additional bond funding could occur in 2009. Copies of the preliminary Bond Sale reports are attached with the memo. Each of the bonds has a fifteen year repayment structure. Payments on the 195th Street bonds for the fIrst five years will be covered by the City's trunk fund contributions, MSA and the County repayments. Subsequent years are covered by special assessments against properties in the Fairhill development. 4-1 ACTION REQUESTED . Adopt the attached resolution calling for the sale of $1,355,000 GO Improvement Bonds, Series 2008A on June 9, 2008. . Adopt the attached resolution calling for the sale of $8,545,000 GO Improvement Bonds, Series 2008B on June 9, 2008. Respectfully submitted, /t1?~ / Robin Roland Finance Director 4-2 MAY, 15.2008 1:49PM Proposed Issue: Purpose: Authority and Rating: Bank Qualification: Term/Call Feature: Funding Sources: EHLERS & ASSOCIATES NO. 6452 p, 2 BOND ISSUE PRE-SALE REPORT I May 19, 20~8 I I $1,355,000 General Obligation Improvement Bonds, Series 2008A to be secured by the full faith arid credit of the taxpayers of the City of Farmington. The bonds will reimburse the City for the costs ofthe 2007 Elm Street Improvement Project and th~ first interest payment due in February 2009. The Bonds are being issued pursuant to Minnesota Statues, Chapter 429. Because the City asses~ing at least 20% of the project costs, the Bonds can be a G.O. (genex1al obligation), without a referendum and will not count against the Ci 's debt limit. The Bonds are anticipated t be rated by Moody's and Standard and Poor's. The City's G.O. Bo currently have been assig11ed an "A2" level by Moody's. Because the City is issuing 1,5s than $10,000,000 in the calendar year, the City will be able to desighate the Bonds as "bank qualified" obligations. Bank qualified ~tatus broadens the market for the Bonds, which reduces interest rates. Today the spread between bank qualified and non-bank quali ed rates is significant. The Bonds are being issued or a IS-year period. Principal on the Bonds will be due on Febroa 1 in the years 2010 through 2024. Bonds maturing February 1, 018, and thereafter will be subject to prepayment at the discretion~fthe City on Febmary 1,2017 i It is the intent of the City to ~evy special assessments in the amount of $627,171 against benefiting Property owners in the years 2008 through 2022) for collection in the years 2009 through 2023 at a rate of 1.5% per annum over the ~verage rate of the Bonds, estimated to be between 5.75% and 6.1 %. Property owners have the right to prepay special assessments. The balance of the debt service payments not covered by special assessme*ts or other city revenues will be paid from a tax levy. : 4-3 MAY, 15. 2008 1: 49PM EHLERS & ASSOCIATES NO, 6452 P. 3 Discussion Issues: We have reviewed all outstanding indebtedness for the City and find that there are currently no opportunities to refund any issues. We will continue to monitor the market and the call dates for the City and alert you to any future opportunities. Risk Factors: If significant prepayments of assessments are received before the call date, the tax levy may need to be increased. However, the City has the authority to reduce or cancel the tax levy on an annual basis and/or pay debt service with any other available money duly appropriated by the City Council for such purpose. Arbitrage: Because the City expects to issue more than $5,000,000 in tax-exempt obligations in 2008, the Bonds will be subject to arbitrage rebate. If the City spends the bond proceeds within 18 months according to specific percentages each six months, interest earned on the bond proceeds above the bond interest rate does not need to be rebated or repaid interest (the excess interest earnings are known as arbitrage). The City will also need to keep its debt service funds within IRS parameters to avoid penalties on carrying too high of a balance during the life of the issue. This will need to be monitored if a significant amount of prepaid special assessments are received. Schedule: Pre-Sale Review by Council: Distribute Official Statement: Conference with Rating Agencies: Bond Sale and City Council meeting to award: Estimated Closing Date: May 19,2008 Week of May 26, 2008 Week ofJune 2, 2008 June 9, 2008 Week ofJune 30, 2008 Attachments: Sources and Uses and Debt ~ervice Estimates Resolution Calling for the S~le of Bonds Ehlers Contacts: Financial Advisors: Shelly Eldridge Ion North (651) 697-8504 (651) 697-8545 Bond Analysts: Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 I Bond Sale Coordinator Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the home of each Council Member at their home addre~~ for review prior to the sale date. 4-4 g-v "'ll iil ~ III iil c. cr '< m :;r (i" iiI Qo ~ <II 8. III Ii S' !'l ~ ~ o @ . 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OJ o ::J ~ en <II ~. ~ .... o o ): )>- ~ III g: 3 III a ;;0 <II .0: <II ::J l: ~ ~$ ::lI 0 o _ :E "T1 Ul III ~ 3 a. - E. =' III ~ m 0 ~:? 3' ~ ; z a. m 3" U) ~ II !. 'tl ... o I -u .. !.. 3' ::J III '< ." o ... Cl (ii' o c: (II (II o' ::J -u t: ... "0 o CII CD (II o ::J -< S3HIJOSSV ~ S~31H3__Wd6v: l _BOOl '~l 'AVW ;- S' i ;' fDO ii~ ... 'tIz IlOIlI -.. + po" gllO ;j!- .... i:..> N t.JI -..J<.:>c.:>.... (J1t.l...c.>00l .~ 'CJl '0 .Col "0 iD lCO.....O'" OOColOa. ~ ::I o i S' ;; a III .. ~-1 <II 0 ~~ a m .0 r:: !!!.. R5 "'ll 01-..1 J>.ll" NO:" CJ)-....8~-..J ;fl. /JIlOaa.... " CD -I ~ ~ c:- CD ~ en o c: ~ III ... iN iN (J1 lJ'\ lJ'\ lJ'\ -0 t I . b g g rren mm"Cl CiI '" t'Il !'l ~ !l 01 N ."-.1 , I ... ..., .... Resolution No. Resolution Providing for the Sale of $1,355,000 G.O. Improvement Bonds, Series 2008A Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Farmington, Minnesota, was duly called and held at the City Hall in Farmington, Minnesota on Monday the 19th day of May, 2007 at 7:00 PM. The following members were present: The following were absent: Member introduced and Member seconded the following resolution and moved its adoption: and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: the following voted against the same: WHEREAS, the City Council ofthe City of Farmington, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,355,000 G.O. Improvement Bonds, Series 2008A (the "Bonds"), to finance certain improvements within in the City; and; and; WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on June 9, 2008, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th of May, 2008. Mayor City Administrator 4-6 MAY, 15,2008- 1: 50PM Proposed Issue: Purpose: Authority and Rating: Bank Qualification: Term/Call Feature: Funding Sources: EHLERS & ASSOCIATES NO, 6452 p, 6 BOND ISSUE PRE-SALE REPORT , May 19, 2008 $8,545,000 General Obligation Improvement Bonds, Series 2008B to be secured by the full faith a.qd credit of the taxpayers of the City of Fannington. The bonds will finance a portion of the costs of the 195m Street Improvement Project. i The Bonds are being issued! pursuant to Minnesota Statues, Chapter 429. Because the City assesking at least 20% of the project costs, the Bonds can be a G.O. (gene: 1 obligation), without a referendum and will not count against the Ci 's debt limit The Bonds are anticipated t be rated by Moody's and Standard and Poor's. The City's G.O. Bo ds currently have been assigned an "A2" level by Moody's. The bonds are being sold in two issues, one in 2008 and the balance I in 2009. Because the projec~ combined with the other bonds being sold in 2008 would total mo than $10,000,000, a smaller issue will be sold in 2009 to complete e financing. In the cunent market, the spread between bank qualifi d and non-bank qualified rates is significant and would more an offset the additional costs that will be incurred to sell the seeo bond. Therefore, the City is issuing less than $10,000,000 in the cal dar year 2008 and will be able to designate the Bonds as "banlf qualified" obligations. Bank qualified status broadens the market for the Bonds, which reduces interest rates. ! The Bonds are being issued for a IS-year period. Principal on the Bonds will be due on FebruaJIY 1 in the years 2009 through 2023. Bonds maturing February 1, ,2018, and thereafter will be subject to prepayment at the discretion 'of the City on February 1,2017 , The County will be reimbursing the City for and estimated $4,500.000 for its portion ofJthe project costs. It is estimated that the reimbursement will be made!over a period of three years. It is the intent of the City to enter into a Developer Agreement which provides for the ability to levy an esti~ated $5,000.000 of special assessments against benefiting property ~'wners in the years 2012 through 2021 for 4-7 MAY. 15.2008 1:50PM EHLERS & ASSOCIATES NO. 6452 P. 7 collection in the years 2013 through 2022, at a rate of .5% per annum over the average rate of the Bonds. As development property is sold, the special assessments will be required to be paid. Special Assessments outstanding as of 2012 will be levied and collected on the tax rolls. A portion of the project is the City's responsibility and will need to be paid by other city revenues or from a tax levy, Risk Factors: If significant prepayments of:assessments are received before the call date, the tax levy may need to be increased. However, the City has the authority to reduce or cancel the tax levy on an annual basis and/or pay debt service with any other available money duly appropriated by the City Council for such purpose. Arbitrage: Because the City expects to issue more than $5,000,000 in tax-exempt obligations in 2008, the Bon~ will be subject to arbitrage rebate. Ifthe City spends the bond proceeds within 18 months according to specific I percentages each six months, interest earned on the bond proceeds above the bond interest rate does not need to be rebated. or repaid interest (the excess interest earnings are mown as arbitrage). The City will also need to :keep its debt service funds within IRS parameters to avoid penalties on carrying too high of a balance during the life of the issue. This Will need to be monitored if a significant amount of prepaid special assessments are received. Schedule: Pre-Sale Review by CouncilJ I Distribute Official Statement: Conference with Rating Agencies: Bond Sale and City Council meeting to award: Estimated Closing Date: May 19, 2008 Week of May 26, 2008 Week of June 2, 2008 June 9, 2008 Week of June 30, 2008 Attachments: Sources and Uses and Debt Service Estimates Resolution Calling for the Sale of Bonds Ehlers Contacts: Financial Advisors: Shelly Eldridge Jon North (651) 697-8504 (651) 697-8545 Bond Analysts: Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Bond Sale Coordinator COIUlie Kuck (651) 697-8527 The Official Statement for this financing will be mail~ to the home of each Council Member at their home address for review prior to the sale date. 4-8 7./7. [Ug~~.u~n ~ ~!~5~ ~I~ ~ J- ~....:: ~~ .a g ![ ~ i I i " e i tl: ;; J i 8l ::l , :: ", ~ ~ ~ a Qg'j i .s:gj .. !~" i. ~.!: 'iii E j p: e ': 1i i j' "~u ~ . . . &t:55 e;!==;: iU~s eHB! -=!2!2l!w :OQUt- o I!i i &. !! 0. U~8.~ ~~~;;"'t C8 ~ ~ .. " " .. " .. 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".. 04;. ~- ~. ~o. :! ~ ~ R I 5 ~ e !~Il!!.~; -I ...~ ~1~~99"m_-mmDloo~ ~..~~__.v m ~~_ ~ ~.SiX.: ~S35~~! ~Sd. ~~5~~~:.~ ~ ~~.~ ~~=~~3=~E~~ ~0~;~~..;n~_~ ~ ! ~ .. ~ ~ ~ ~ S rJ ! ~ .. is :i IR '" ID III ~ ~:o 0-1>. ! ~ ~ i!! " .; r; ~ ... "l ... ... ~ ~ .. ~ ~ ~ ~ ! 5 ~ g g 8 g ~ ~ E i ~ ~ ~ i ;; R ~ ~ i ~ ! ~ ! g g g g ~ ~ i ~ i i ;; " " .. ~ 88300--~~M~.~~~~c~~~.m~~O-_~Q~ ;~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ EO ~~~~~~~~i ~~~~.~~~~~~~~~~~~~~~ j 15 l> ~8S00~-~~~~.~~~~~~~~.&O~~~-R" ~R~a~iiRa~~~~~~~~~~~~~~~~~~~l'I~ ~.I~roo__NN__V_.__.""""I_.~.~~__ ~R' X--bb---------------- ~s ~<< ~R~~N~~~~~~2~&~RR~~~& NN ~ . ... 'SJOSS~ ~ S~31H3 ~d EE : l U)~ 0:: ILI~ ...; ::c: &d~ " g ~ iii ; .. li ~ ~ .. ~ E w 1; I Ii: 4-9 BOO l '~l 'A ~w RESOLUTION NUMBER R- 08 Resolution Providing for the Sale of $8,545,000 G.O. Improvement Bonds, Series 2008B Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was duly called and held at the City Hall in Farmington, Minnesota on Monday the 19th day of May, 2008 at 7:00 PM. The following members were present: The following were absent: Member introduced and Member seconded the following resolution and moved its adoption: and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: the following voted against the same: WHEREAS, the City Council of the City of Farmington, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $8,545,000 G.O. Improvement Bonds, Series 2008B (the "Bonds"), to finance certain improvements within in the City; and; WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at City Hall on June 9, 2008, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf ofthe City upon its completion. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May, 2008. . \ Mayor City Administrator 4-10 7f' City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ciJarmington.mn.us TO: Mayor, Councilmembers, City AdministratorO FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary 3.2 Beer License -Rambling River Days DATE: May 19,2008 INTRODUCTIONIDISCUSSION The Farmington American Legion and the Farmington Lions are planning to host a beer garden from June 19 - 22,2008, during the Rambling River Days Celebration. A Temporary 3.2 Beer License must first be approved by the City Council. The beer garden will be located on the east side of the Schmitz-Maki Arena. The Farmington American Legion will host the beer garden on June 19 and June 22, 2008, and the Farmington Lions will host on June 20-21,2008. BUDGET IMPACT None. ACTION REQUESTED Approve the attached applications for Temporary 3.2 Beer Licenses for the Farmington American Legion and the Farmington Lions to host a beer garden during Rambling River Days, June 19-22, 2008. Respectfully submitted, ~d,sIAa~ Lisa Shadick Administrative Services Director 6-1 APPLICATION TEMPORARY 3.2 ON SALE LICENSE NAME OF ORGANIZATION APPLYING Farmi nqton "Liane TYPE OF ORGANIZATION: (FORMAL) (BENEVOLENT) (NON-PROFIT) (PERMANENT). EFFECTIVE DATES: FROM June 20 TO June71 LOCATION OF LICENSE East side Farmincton Ice Arena TYPE OF EVENT "Ramblinq River Days, ~~usic PURPOSE OF EVENT Fund raiser for CEEF and Farmington Lions NAME OF APPLICANT: Jeff lisen 7 J~ SIGNATU . - 616 Lower Heritage Way Farmington, MN. 55024 ADDRESS OF APPLICANT 4":'23-08 DATE I HEREBY 5-?~ DATE IS THE EVENT TO BE IF SO, RECREATION DIRECTOR WILL THE EVENT REQUIRE A STREET TO BE CLOSED? IF SO, E)I.GNATUR~ O~ !If.1H':ICIPAL SERVICES DIRECTOR THE ABOVE APPLICATION WAS APPROVED BY THE CITY COUNCIL AT "THEIR MEETING OF SIGNATURE OF CITY ADMINISTRATOR 6-2 APPLICATION TEMPORARY 3.2 ON SALE LICENSE NAME OF ORGANIZATION APPLYING t:/I1/ n' J J fltJ Iff/le/TII Ie TYPE OF ORGANIZATION: (FORMAL) (BENEVOLENT)tNQN=ERBFIT) (PERMANENT). EFFECTIVE DATES: FROM c6- /1 - 0 '! A~O (. -;L d - 0 ;Y LOCATION OF LICENSE (1ft; 0 ~ /eer,)! flu/for? SC/~/'" I fz. '/ () f? /tl ti-ll I-!tC:C/1Q TYPE OF EVENT ,r?a. f'H bl, n' r /(~ Ii fL r j)a../ J I PURPOSE OF EVENT ~.,.., C.e Ie.. b/-t2-ff;");1-' NAME OF APPLICANT: '])a f.</ /1 A 4d 0\ . ... ) / j (ltuL H- /C-t r StGNATURE J 3 7/3 (j I"p.e /"" ;2 () L/ .t!' S fr ~ ~ f tJ ADDRESS OF 'APPLICANT 5=5- 0 f DATE filM I HEREBY RECOMMEND (APPROVED) (DENIED). s-~ p~cr~ DATE IS THE EVENT TO BE HELD IN A CIT,Y PARK? hE: AYe~Q.... IF SO, S~~CREATION DIRECTOR WILL THE EVENT REQUIRE A STREET TO BE CLOSED? IF SO, SI.GNATUR~ OF' Mln':ICIPAr:; SERVICES DIRECTOR THE ABOVE APPLICATION WAS APPROVED BY THE CITY COUNCIL AT THEIR MEETING OF SIGNATURE OF CITY ADMINISTRATOR 6-3 73 City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administratorc? FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Farmington American Legion Post # 189 DATE: May 19,2008 INTRODUCTIONIDISCUSSION The Farmington American Legion Club is requesting a Gambling Event Permit to conduct bingo on June 19,2008 and sell pull-tabs from June 19-22, 2008, at the Schmitz-Maki Arena during Rambling River Days. Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. BUDGET IMP ACT Staff is recommending the $50.00 gambling permit fee be waived, as this event is part of the Rambling River Days celebration. ACTION REQUESTED Approve the attached resolution granting a Gambling Event Permit to the American Legion Club, from June 19-22, 2008. Respectfully submitted, ~~ t1. Jz<<a0:L Lisa Shadick Administrative Services Director 7-1 RESOLUTION NO. R -08 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON AMERICAN LEGION POST #189 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of May 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the American Legion has submitted an application for a Gambling, Event Permit to be conducted at the Schmitz-Maki Arena, 114 W Spruce Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the American Legion Post #189 to be conducted at 114 W Spruce Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May 2008. Mayor day of May 2008. Attested to the City Administrator SEAL 7-2 /~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administr.O FROM: Lisa Shadick, Administrative Services Director SUBJECT: School and Conference - Administration DATE: May 19,2008 INTRODUCTION The Minnesota Clerks and Finance Officers Association, (MCFOA), the League of Minnesota Cities and the Center for Continuing Studies at St. Cloud State University are sponsors of the Minnesota Municipal Clerks Institute, (MMCI) in Minneapolis. DISCUSSION The MMCI is a three-year continuing education program leading to professional accreditation. Individuals successfully completing the three-year certification program are awarded educational points toward the designation of Certified Municipal Clerk (CMC), by the International Institute of Municipal Clerks (IIMC). The program emphasizes professional development in the areas of public administration. The Administrative Services Director is a member ofthe MCFOA and will be attending the Minnesota Municipal Clerks Institute to complete year three of the program. BUDGET IMPACT The 2008 Budget includes $450.00 for the Minnesota Municipal Clerks Institute. ACTION REQUESTED Approve attendance for Lisa Shadick, Administrative Services Director, at the Minnesota Municipal Clerks Institute from July 7-11, 2008. Respectfully submitted, ;4:,~t? &d~ Lisa Shadick Administrative Services Director 8-1 //' City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City AdministratO(j1' Kevin Schorzman, P.E., City Engineer FROM: SUBJECT: Adopt Resolution - TH-3 and Future CR- 64 Roundabout Project - MnDOT Cooperative Agreement DATE: May 19,2008 INTRODUCTION Forwarded herewith is the Cooperative Agreement between the City and the Minnesota Department of Transportation (MnDOT) for the TH-3 and Future CR-64 Roundabout Project. DISCUSSION The agreement details the maintenance responsibilities, as well as the project cost participation by MnDOT. The Cooperative Agreement has been drafted in accordance with MnDOT policy and has been reviewed and found to be in order by the City Attorney. The agreement stipulates that MnDOT will contribute $550,000 to the project. It also defines maintenance responsibility for the project. MnDOT will maintain the roundabout itself as well as the north and south approaches on TH-3. The City will be responsible for maintenance on the west leg, the landscaping in the center of the roundabout and lighting. Empire Township will be responsible for maintenance of the east leg of the roundabout as well as 50% of the landscaping and lighting costs per the joint powers agreement executed between the City and Township in April. BUDGET IMPACT MnDOT will be contributing $550,000 towards the project costs. The City's participation in the project will be similar to costs that have been discussed with Council in the past. A breakdown ofthe project participation is included in this week's agenda item requesting Council approval of the plans for this project. 9-1 TH-3/CR-64 Roundabout MnDOT Cooperative Agreement May 19, 2008 Page 2 of2 ACTION REQUESTED Adopt the attached resolution approving the agreement with MnDOT and authorizing the execution ofthe Cooperative Agreement for the TH-3 and Future CR-64 Project. Respectfully Submitted, /?:~- Kevin Schorzman, P .E., City Engineer 9-2 RESOLUTION NO. R-08 APPROVING COOPERATIVE AGREEMENT WITH MnDOT FOR THE CONSTRUCTION OF A ROUNDABOUT ON TRUNK HIGHWAY 3 Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of May, 2008 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, The City's Capital Improvement Plan has indicated funding for the TH-3 Roundabout Project, and the Minnesota Department of Transportation (MnDOT) has selected this project to receive funding during its 2008 fiscal year, and, WHEREAS, it is considered mutually desirable to construct a roundabout at the future intersection of I 90th Street and Trunk Highway 3; and, WHEREAS, the City of Farmington and MnDOT will share project responsibilities and jointly participate in the project costs associated with engineering and construction ofthe project. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into Agreement No. 92592 with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide for payment by the State to the City of the State's share of the costs of the Roundabout construction which includes grading, bituminous and concrete surfacing, storm sewer, bituminous trail, highway lighting and landscaping construction to be performed upon, along and adjacent to Trunk Highway No.3 from 561 feet south of the Roundabout at Co. Rd. 64 to 650 feet north of the Roundabout at Co. Rd. 64 within the corporate City limits under State Project No. 1921-79 (T.H.3=001) and State Aid Project No.'s 212-010-003 and 212-102-003. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May, 2008. Mayor Attested to the day of May, 2008. City Administrator SEAL 9-3 PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 92592 S.P. 1921-79 (T.H. 3=001) S.A.P. 212-010-003 and 212-102-003 State Funds The State of Minnesota Department of Transportation, and The City of Far.mington Re: State lump sum payment for roadway construction by the City on T.H. 3 adjacent to Co. Rd. 64 AMOUNT ENCUMBERED $550,000.00 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the IIStatell and the City of Farmington, Minnesota, acting by and through its City Council, hereinafter referred to as the IICityll. 1 9-4 92592 WHEREAS, the City is about to perform Roundabout construction which includes grading, bituminous and concrete surfacing, storm sewer, bituminous trail, highway lighting and landscaping and other associated construction upon, along and adjacent to Trunk Highway No. 3 at Dakota County Road No. 64 within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the State as State Project No. 1921-79 (T.H. 3=001) and State Aid Project No.'s 212-010-003 and 212-102-003; and WHEREAS, the City has requested participation by the State in the costs of the roadway construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 from 561 feet south of the Roundabout at County Road No. 64 to 650 feet north of the Roundabout at County Road No. 64 under State Project No. 1921-79 (T.H. 3=001) and State Aid Project No. 212-010-003; and WHEREAS, the State is willing to participate in the costs of the roadway construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 561 feet south of the Roundabout at County Road No. 64 to 650 feet north of the Roundabout at County Road No. 64 in an amount equal to $550,000.00 ($506,000.00- construction costs, $44,000.00- construction engineering) as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 2 9-5 92592 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the State as State Project No. 1921-79 (T.H. 3=001). The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such 3 9-6 92592 request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the contract construction shall be open to inspection by the State District Engineer's authorized representatives. The City shall give the District Engineer at Roseville five days notice of its intention to start the contract construction. Responsibility for the control of materials for the contract construction shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current IIStandard Specifications for Constructionll. Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays ,encountered in the performance thereof. Section F. Plan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental agreements entered into by the City and its contractor 4 9-7 92592 for contract construction must be approved in writing by the State District Engineer's authorized representative. Section G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract, construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and Per.mits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. The City shall submit to the State's Utility Engineer an original permit application for the City-owned utilities (irrigation system) to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . The City shall apply for a Limited Use Permit covering the City's liability and maintenance responsibilities, including repair and replacement, of the bikeway and pedestrian trails to be constructed within the State right-of-way. 5 9-8 92592 The City is responsible for complying with and following Minnesota Statues 216D.04, Subdivision la, for identification, notification, design meetings and depiction of utilities affected by the contract construction. The City shall be responsible for detour signing and detour maintenance while the detour is inplace. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the" City, as the State's full and complete share of the costs of the roadway construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 561 feet south of the Roundabout at County Road No. 64 to 650 feet north of the Roundabout at County Road No. 64 within the corporate City limits under State Project No. 1921-79 (T.H. 3=001), a lump sum in the amount of $550,000.00 or the total cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, whichever amount is smaller. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. 6 9-9 92592 C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that all necessary parties have executed the construction contract. ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 7 9-10 92592 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. 2. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". 3. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the State's District Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City Upon completion of the County Road No. 64 roadway construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction 8 9-11 92592 contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon completion of the landscape material construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those landscape materials, without cost and expense to the State. Maintenance includes, but not limited to, maintaining all landscape features (grass, flowers, shrubs, trees, etc.) and removal of dead or diseased plantings installed within the central island and in other unpaved areas within the Trunk Highway No. 3 right-of way. Upon satisfactory completion of the irrigation system construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of that system (including repair and replacement due to any unintentional damage sustained during mowing and/or snow and ice removal operations), without cost and expense to the State. Upon completion of the bikeways and multi-use trails construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the bikeways and multi-use trails, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, mowing, trimming, signing, pavement 9 9-12 92592 marking, and any other maintenance activities necessary to perpetuate the bikeways and multi-use trails in a safe and usable condition. Upon completion of the lighting facilities construction to be performed within the corporate City limits under the construction contract, the City will provide for the proper maintenance of those facilities. Maintenance includes but is not limited to; replacing faulty luminaires and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and relamping the luminaires; and painting the lighting facilities. The City will pay all monthly electrical service expenses necessary to operate the lighting facility. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole. Section B. Pond Responsibilities Upon completion of the storm water treatment pond 1 and pond 2 construction to be performed within the corporate City limits under the construction contract, the City shall provide for prop~r maintenance of the pond(s) without cost or expense to the State. Maintenance shall include, but not limited to, litter, debris and silt removal, mowing, erosion repairs and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The City shall be responsible, to the extent provided by law, for its own acts and omissions in connection with maintaining the storm water treatment pond(s) . The City shall share in the cost of future major maintenance at a rate based on the ratio(s) of contributing water volume entering into 10 9-13 92592 the pond(s) at the time that the major maintenance is required. The City's contributing water volume entering into the pond(s) at the time the pond(s) were designed is 89 percent for #/ Pond, 87 percent for f/2 Pond and /vIA- percent for AI/II Pond. Major maintenance includes, but is not limited to, removal of sediment, repair of major erosion problems, major structure and entrance pipe repair and any other major maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The State and the City may enter into a separate agreement to define additional responsibilities for maintenance of the pond(s) . The City shall share in all responsibilities, obligations and liabilities arising out of or by reason of the drainage collecting into and being discharged from the pond(s). The City shall share such responsibilities, obligations and liabilities at a rate based on the ratio(s) of contributing water volume entering into the pond(s) as referenced in the previous paragraph, however, contributing water volume ratios may change based on development and alteration of land use in the vicinity. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's 11 9-14 92592 District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Ter.mination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. 12 9-15 92592 Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section H. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. The City's Authorized Agent for the purpose of the administration of this Agreement is Kevin Schorzman, Interim City Engineer, or his successor. His current address and phone number are 325 Oak Street, Farmington, MN 55024, (651) 463-1607. 13 9-16 92592 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ~~ l6A.15 and 16C.05. DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer By Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF FARMINGTON Approved as to form and execution: By By Mayor Contract Management ate Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Ti tle By Date Date 14 9-17 7. ..j City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City AdministratorO'. Kevin Schorzman, P .E., City Engineer TO: SUBJECT: Adopt Resolution - TH-3 and Future CR- 64 Roundabout Project Joint Powers Agreement DATE: May 19,2008 INTRODUCTION Forwarded herewith is the Joint Powers Agreement between the City and Dakota County for the TH-3 and Future CR-64 Roundabout Project. DISCUSSION This agreement details the project participation by Dakota County. The Joint Powers Agreement has been drafted in accordance with County policy and has been reviewed and found to be in order by the City Attorney. BUDGET IMPACT Dakota County will be contributing $400,000 towards the project costs. The City's participation in the project will be similar to costs that have been discussed with Council in the past. A breakdown of the project participation is included in this week's agenda item requesting Council approval of the plans for this project. ACTION REQUESTED Adopt the attached resolution approving the agreement with Dakota County and authorizing the execution ofthe Joint Powers Agreement for the TH-3 and Future CR-64 Project. Respectfully Submitted, /itp Kevin Schorzman, P .E., City Engineer 10-1 RESOLUTION NO. R-08 APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR THE CONSTRUCTION OF A ROUNDABOUT ON TRUNK HIGHWAY 3 AT ITS INTERSECTION WITH 190TH STREET (FUTURE CR-64) Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of May, 2008 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, The City's and Dakota County's Capital Improvement Plans have indicated funding for the TH-3 Roundabout Project, County project 64-20; and, WHEREAS, it is considered mutually desirable to construct a roundabout on Trunk Highway 3 at its intersection with 1 90th Street (future CR-64) in Dakota County; and, WHEREAS, the City of Farmington and Dakota County will share project responsibilities and jointly participate in the project costs associated with engineering and construction ofthe project. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement with Dakota County for the following purposes, to wit: To share project responsibilities and jointly participate in the project costs to construct and maintain a roundabout on TH-3 at its intersection with 190th Street (future CR-64) in Dakota County as described in the agreement. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May, 2008. Mayor Attested to the day of May, 2008. City Administrator SEAL 10-2 JOINT POWERS AGREEMENT DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION AGREEMENT FOR ENGINEERING AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 64-20 CITY PROJECT NO. 08-03 FOR THE Construction of a single lane roundabout at the intersection of Trunk Highway 3 and future County Road 64 (190th Street) approximately 1900 feet north of 194th Street in accordance with the plans and specifications for the above referenced project in Farmington, Dakota County. 10-3 County Project No 64-20, May 05, 2008 THIS AGREEMENT, is entered into by and between the County of Dakota, referred to in this agreement as the "County" and the City of Farmington, referred to in this Agreement as the "City", and witnesses the following: WHEREAS, under Minnesota Statutes Section 162,17, subdivision 1 and 471.59, subdivision 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the adopted preservation corridor alignment C west of Trunk Highway (TH) 3 follows the proposed transition between 195th Street alignment and 190th Street alignment; and WHEREAS, County Project (CP) 64-18 will complete the connection of County State Aid Highway 31 with TH 3 as a future County Minor Arterial on a new alignment; and WHEREAS, CP 64-20 is the future intersection of TH 3 and the proposed County Road (CR) 64 extension in City of Farmington; and WHEREAS, the County concurs with the recommendation from Minnesota Department Of Transportation, City of Farmington, and Empire Township that a roundabout is the appropriate long-term traffic control for the intersection of proposed CR 64 extension and TH 3 at 190th Street; and WHEREAS, the City and Minnesota Department Of Transportation (Mn/DOT) have entered into cooperative construction agreement number 92592 for construction of a roundabout; and 10-4 2 County Project No 64-20, May 05, 2008 WHEREAS, the City desires to construct CP 64-20 improvements in 2008 in anticipation of County reimbursement; and WHEREAS, the County approved 2008-2012 Transportation Capital Improvement Program includes funding for CP 64-20; and WHEREAS, the County will reimburse the City for the County's share of the project costs for segment two and segment three, in an amount not to exceed $400,000, to the extent funds are budgeted by the County Board; and WHEREAS, the City is the lead agency for CP 64-20 and anticipates construction to begin in 2008; and WHEREAS, the County and the City will share project responsibilities; and jointly participate in project costs associated with engineering, trail construction, and related activities as set forth in this agreement. NOW, THEREFORE, IT IS AGREED AS FOllOWS, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with engineering, highway construction, and related activities as described in the following sections: 1. Enaineerina. The City shall prepare the necessary plan sheets, specifications, and proposals, consistent with State Aid design standards and the Dakota County Transportation Plan; and shall perform the engineering and inspection required to complete the items of work specified in this agreement. The work described in this paragraph shall constitute "Engineering and Inspection" and shall be referred to as such in this agreement. 3 10-5 County Project No 64-20. May 05, 2008 The costs for new sanitary sewer, water main and services, lighting and other municipal facilities shall be the responsibility of the City, Construction engineering (contract administration) costs for the roadway construction shall be split based on the County's and City's share of the final construction costs. 2. Roadwav Construction Items, CP 64-20 consists of three segments, Segment 1 Trunk Highway 3 including the roundabout Segment 2 County Road 64 (190th Street) west of the roundabout and Segment 3 County Road 64 (190th Street) east of the roundabout. The construction cost for Segment 1 shall be the responsibility of the City. For Segment 2 and 3 the construction costs of the following items shall be shared in the amount of 55% by the County and 45% by the City: a) Clearing and grubbing; b) Removal, salvage, and reinstallation; c) Grading, base, and surfacing; d) Curb and gutter; e) Medians f) Retaining walls; g) Turf establishment; h) Pavement markings and signing; i) Mobilization, field office and laboratory, and traffic control; j) Sidewalks and bikeways; k) Storm sewer and other drainage facilities eligible for County State Aid funding based on contributing flows; I) Mitigation required by state and federal permits; m) Centerline drainage culverts; 10-6 4 County Project No 64-20. May 05, 2008 n) Reconstructing or adjusting sanitary sewer, storm sewer and stormwater ponds, watermains and appurtenances due to roadway construction; 0) Relocating or adjusting privately owned utilities when not performed at the expense of the utility; p) The County's share of water pollution control best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; and q) Incidental items related to construction that are not specifically listed above. 3, Aesthetic Elements. Aesthetic elements for the project include landscaping, plantings, decorative pavements, or surface treatments. The County will participate up to 50% of the cost of aesthetic elements up to a maximum amount of three percent of the County's share of highway construction costs (excluding bridges, ponds, and storm sewers). The County's share of aesthetic participation may not exceed the local cost share for aesthetics. The City shall be responsible for 50% of the costs of all aesthetic elements and 100% of the costs that exceed the County's maximum participation for aesthetic elements, Aesthetic elements are subject to clear zone and sight line requirements and may not hinder normal maintenance operations or degrade safety or operation of the highway. The City is responsible for maintenance of all aesthetic elements. The County reserves the right to remove non-maintained aesthetic elements and recover County aesthetic investment and removal costs from the City, 4, City Utilities. Except as stated in Sections 1, 2, & 3 of this agreement, the City shall pay all other costs for new storm sewer, storm water ponding and other drainage facilities, sanitary sewer, watermains and appurtenances, and roadway lighting constructed as part of this 5 10-7 County Project No 64-20. May 05, 2008 project. Further, the City shall be responsible for maintenance of all such facilities after the completion of the project. 5. Rioht-of-Wav. The City in a manner consistent with applicable state laws and rules will acquire all permanent and temporary highway right of way, and will acquire all right of way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, water pollution control best management practices for the project, new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements. Upon completion of the project, the ownership of the permanent highway right of way needed for the operation and maintenance of future CR 64 shall remain in the name of the City until such time as the County shall take over jurisdiction and maintenance responsibility. Upon completion of the project, the ownership of the drainage and ponding easements shall remain in the name of the City, 6. Construction Standards. All such construction, including traffic control, shall be accomplished in accordance with applicable State Aid and County standards, specifications, and policies to the satisfaction of the County Engineer. The County reserves the right to inspect construction materials and methods as needed, 7, Plans and Specifications. The City will prepare complete grading, paving, storm sewer, wetland mitigation, traffic control, and other municipal utility plans and specifications consistent with County design practices, State-Aid design standards, the Dakota County Transportation Plan, and the City's utility standards and specifications, County concurrence with the plans and specifications is required prior to advertising for bids. The 10-8 6 County Project No 64-20. May 05, 2008 City Council will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law, 8, Payment. The City will administer the contract and act as the paying agent for the costs of acquiring all required rights of way, and for all payments to the Contractor. The City will act as the paying agent for all project payments, The City, in turn, will invoice the County for the County's share of the eligible project costs not to exceed $400,000. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question, Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 9. Chanqe Orders and Supplemental Aqreements, Any change orders or supplemental agreements that affect the project cost participation must be approved by both parties prior to execution of work. 10. Final completion. Final completion of the construction project must be approved by both the County and the City. 11, Storm Sewer Maintenance. Upon acceptance of the project, the City shall be responsible for storm sewer maintenance and all other City utilities within the County right of way. 7 10-9 County Project No 64-20, May 05, 2008 12. Sidewalks and Bike Trails, Upon acceptance of the project, the City shall be responsible for sidewalk and trail maintenance. 13. Pavement Maintenance. Upon acceptance of the project by the City and County, the City shall be responsible for all pavement maintenance within CR 64 highway right of way until such time as the County determines it is appropriate to incorporate this segment of road into the County highway system, At the time the County assumes jurisdiction and pavement maintenance of proposed future CR 64 the County shall be responsible for all pavement maintenance within County right of way. 14. Subsequent Excavation. After completion of the project, after expiration of the warranty period regarding repair, and after the County has incorporated this segment of road into the County highway system, if excavation within the highway right of way is necessary to repair or install water, sewer, or other city utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to its original condition at the time of disturbance. The City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work, If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 30 days following receipt of a written claim by the County. 15, Rules and Requlations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures for the project, unless amended by the contract specifications. 10-10 8 County Project No 64-20, May 05, 2008 16. Indemnification, The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents, The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 17. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that mayor might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. 9 10-11 County Project No 64-20. May 05, 2008 18. Audits, Pursuant to Minnesota Statutes Sec 16 C. 05, Subd, 5, any books, records, documents, and accounting procedures and practices of the City and the County relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The City and County agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 19, InteQration and ContinuinQ Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the roadway provided for in this Agreement. 20. Proiect TiminQ, It is understood that if the City's funding partners for the City's portion of the project costs withdraw their commitment to fund their portion of the project costs, that neither party will be compelled to complete the project until such time that the funding issues are resolved. 10-12 10 County Project No 64-20. May 05, 2008 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: By Peter J. Herlofsky, Jr., City Administrator Kevan A Soderberg, Mayor APPROVED AS TO FORM: (SEAL) City Attorney By City clerk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney By: Physical Development Director COUNTY BOARD RESOLUTION: No: 08-158 Date: April 15, 2008 Date: 11 10-13 County Project No 64-20. May 05,2008 Attachment A II 180th ST ~R~ o ro EMPIRE COUNTY PROJECT 64-20 190th 5T 190th ST 195th 5T i! 8 ~ '" G '" ~ i ! ~ 197th 5T ~ !l o <J .s ] a '" .. ... I FARMING TO N , . , . , , ~ - . - . - I . , r - - \ \ \ 210th 5T 1.\\ II II . t COUNTY PROJECT 64-20 10-14 12 +~ ! . ell'( O!- FAR.MINGTON m ~. :c:... i! ~ Ii '" & ~ i 2 ~ ,Aar.. ';.TR; P.("': mf,l,;;,'q FAlRHlU.OE\lElDPMENT~ ptIFI'hI&:MYJ ;; ~ ! "~"1 ;;{f <of"" "n<;;lf"':'S' ,:a.~tDn\l<.\. " County Project No 64-20, May 05, 2008 Attachment B EMf'IRE TOWN 51 liP mr""'Wf>I:~:Xi (fI.<'~'" ~s:r:l: ;:~T.fC,h:.~4 {ror:.<;S:.~ ....... ........... _..n. ,",m ......_ _.. ....... ....... --.-.---------------. :~~.~~~:m ~~::~ ~ ~{ftr:&3 I I ~m.. _... I !l!l-. I ;1F.% *' I .S " ~..., ;- i PROIIII>B'ICE ss:oND AOIlmON PlAT / L /.'N' , / ; :".1... ; 1 I 1- . I:" j .., -t.- I .'!< ~ !i o <> ] ~ I'l ... '" 'd ~ '" ~ eo ~r.:.rnt COUNTY PROJECT 64-20 13 10-15 10-16 ./ /'" , \ ---- // \ \ 'city of F\1rrnington \ \ , \ /r i ! 1 I I I ___J I ---~ Fairhill Development Plat 1 8 ~ '" c!l ~ a 1: 8. ! ~ ~ 9 o '" .s .fl a ~ ... ,D I ~ L:.s.J:;';~~ lliJ.".,., ' ,',.,,- ''-'. '.','-...'-.-,' (j) MNOOT I CiTY {SAP 212.010-00'J o MNDOT / -rwt;SHP f".F.""'.<.'''.J _/<:::.:'-):K," G> COUNTI I em {SAP 21Z.01o.cm) @ COLlt-JT'( i 1W1\lSHP 1///1 // /'/'-"-" County Project No 64-20. May 05, 2008 Attachment C Empire Township / , I i I .r' Southern Hills Golf Course \ { \"'--- \ \ \ i <. ----- -..--------' ! .----/ ........~ I I~ \ \ ,.,..../ \ \..--~ \ .---- \ /"'( {-- '\ ') r I i //1 /ji ,..,/ ~' }.-- _/v-;;::/\ ~ __" \/' V \\ ./.,y \\ /~/ \'" < "-.., ..... '~../ .'" ',-. Providence Plat 2nd AM ~.. ~ @ TWNSHP ~ $e,noo ".. COUNTY PROJECT 64-20 14 7/( City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrato(ff FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation -Liquor Operations DATE: May 19,2008 INTRODUCTION The City received notice that Mr. Dean Kockelman has resigned from his position as a part-time liquor clerk. DISCUSSION The Human Resources Office received notification that Mr. Dean Kockelman resigned from his position as a part-time liquor clerk. Mr. Kockelman began his employment on August 23,2006. The City wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the resignation of Mr. Dean Kockelman effective May 3, 2008. Respectfully Submitted, d 1/ ---//JI/ /l/-- ~'rl(.',{,d!~flzA//I:2/,-,I{/ Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 11-1 )!.. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminsrton.mn.us TO: Mayor, Councilmembers, and City Administrator~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: School and Conference - Human Resources DATE: May 19,2008 INTRODUCTION The annual Upper Midwest Employment Law Institute for Human Resource Professionals and Attorneys in Saint Paul, MN is planned on being attended by human resources staff, Brenda Wendlandt and Georgia Larson on Thursday and Friday, May 29 and 30, 2008. DISCUSSION The Employment Law Institute provides Human Resource professionals the opportunity to attend seminars on the latest developments in employment law. The conference is designed to increase the skills and knowledge of the participants by offering continuing education credits to maintain various professional certifications. It is also an opportunity for attendees to participate in peer discussions about the challenges public employers face when dealing with a wide range of complex employment law issues. A copy of the curriculum is attached. BUDGET IMPACT The cost of this conference is $645.00 per person and is provided for in the 2008 budget. ACTION REQUESTED Approve attendance at the Upper Midwest Employment Law Institute for Brenda Wendlandt and Georgia Larson. Respectfully submitted, I!:// /j; /Jdt- . ,/". ,.." - .-:(/ -~:/~~ .'., . .'.:Y_C_'{cf~.<~~/((/.,jL'/'./~' .~ Brenda Wendlandt, SPHR Human Resources Director cc: file 12-1 8.oQ 9.50 a.m. ,p.LEN.AEnLS~SSj9NS .' " -:.,.,.~__'\i;--_~-=-~,-"'",:::""",,,,""~f'l""''''-~",~''''-~~ _ u~ ...... <' -~--r'!.. 7:30 - 8:00 a,m. CONTINENTAL BREAKFAST 8:00 - 8:10 a,m. WELCOME & INTRODUCTION 1. The Minnesota Update - New Minnesota Legislation, Regulation and Cases Ellen G. Sampson 2. New Issues in Title VII Discrimination - New Cases and More Katherine L. Butler (Houston, Texas) 3. An FLSA Wage and Hour Update - The New Cases and Department of Labor Initiatives Christopher A. Parlo (New York, New York) 4. Other Important New Developments in Federal Employment Law Steven A. Smith Application of Basic Employment Law II: Employee Documentation, Reductions in Force, Discipline, Discharge, Separation Agreements, and More Robert C. Boisvert, Jr. & Judith Bevis Langevin COLOR KEY: I Basics ("Rookie League") Advisors 1:.Ir1{H()US~"couH~el Updates II Litigators I General Interest .E2blic Sector ... Fthics & Elimination of Bias \ BREAKOUT SESSION F :;;';;--'I":.';J~~]f.~B':': ~_' "- ~~ ~ ,"-C -''-1i'f'-;- ;1~".2 >';:"'-. ,~ _' -~: 501 10 Basic Level FMLA Questions 502 Workplace Dysfunction and the Problem Employee 503 Religion in the Workplace: Multi-Faceted Issues Repeated at #903 \.1 Wage and Hour Exemptions - Classifying Employees Correctly 506 FMLA Update 2008 '..507 iAdvanced Trial Practice: .'.Bringingand Defending the iA~e Discrimination Case 508 Advanced Trial practice: : Successfully Defending the .. Retaliation Case i~9.~', ........ ~epeat~d~t~710 FlnSlcletheD()L Wage ancl Hour . Division . 1510 . Representing a Party Under · High Profile Investigation: .' Defamation, the Data Practices Act and the Press 1"~~li~!~~~f.:: BREAKOUT SESSION (l:- . \.,~ ":~;- _ ); ..;;:_~~ -"k~_1; ~~<{",,:<::,__"'- ~;r;:-,:;c""JHr~~::'.i"I :;:::~~,~""~ 601 Repeated at #901 i How to Prepare Your Witne (Or How to Be a Good Witness) for Deposition and Trial 602 15 Tough Termination Questions and Their Answers 603 Intermittent Leave - Focus on the Medical Certification and Recertification Process 604 Investigation Preparedness - The Policies, Practices and Structur Every Organization Should Have in Place Before the Crisis Hits 606 Title VII - An In-Depth Update 6.~r:.... Advanced Trial Practice: How to Bring and Defend the FLSA Case ~Q8: Waivers and Releases of bi~cril1lination C1a.i1'1S with special Emphasis on OWBPA Releases in Age Cases \.1 ~o,~'. ............................ .,.. .T~~EJliSicsof 40'9A - How to . AvoidTax Traps in Employment andSeparation Agreements 610 Repeat of #409 Data Privacy Problems in the Public Sector o ~11 '..1.0etl1iCSCreaitapPlied for Satisfying YoUr Clients Professionally and Ethically .+~o ~':7..~O p.JTI. , ~!l~~at,!T~~~~~L9Jt,~ ':", ",-. 201 The Basics of Non-Competition, Confidentiality and Trade Secret Law 202 High Risk Terminations 203 Repeated at #904 ~ 20 Bothersome Employment Questions - From New Law to Tough Everyday Issues 204 Repeated at #905 ~ New Developments in Immigration Recordkeeping -Including the New 1-9 Form 207 Religion Issues and the EEOC: An In-Depth Session with Peggy Mastroianni 208 Selecting and Valuing Cases - The Key to a Successful Plaintiff's Practice 209 U.S. District Court Judges Speak - Summary Judgment, Injunctions, Trial Practice and More! 210 Off-Duty Conduct of Public Employees 211 1.0 ethics credit applied for 0 Multi.Jurisdiction Practice: Ethics Issues for In-House Counsel -~~...,,~~ 2.45 3 45 P , BREAKOUT SESSION 0 : :r-f;;'.._".:~:~~.t;..~ oi_ '<-,..-~~?~ =-~~::1fP-..<~~~::"~~' ~ <"0-M~ 301 Retaliation and Whistleblower Law Basics 302 Disabilities and Serious Health Conditions - How to Coordinate Employee FMLA, ADA and State Disability Rights 303 Filing and Responding to Charges: Agency Insights and Hot Topics, Including the Holowecki Case 304 What's Work Got to Do With It?: Wage and Hour Issues for the Non-Exempt Employee 307 Repeated at #808 8th Circuit and Federal District Court Update 308 '..' Act~~I'Ic:~dTrial Practice: Deposition Meth()~Strategies and Questions 309 U.S. Magistrate Judges Speak - Settlement Conferences, Motion Practice, Discovery and More! 310 When Free Speech Becomes Costly: The Ever-Evolving Limits on Public Employee Speech and Public Employer Curbs on Speech ...... "-";-3'Sf~~~<"";:::I""'~""'-<:~---~"'r:l.O ~~~?i 2<'" ?..rr-~ "l.c ~;~::9b ::"~5:C!O'9'~~"'~' ./', . BREAKOUT SESSIQN E , '. ,.:; ~,""{,,;,~,~r~'ii~:::1<$,"~<itZf.;'..:.; ~~~~~~~~~;~~/:"i -x,~~ -"~-.::: ,>_':i~ 401 Effectively Executing the Termination Process: A Step-by-Step Guide 402 Military Leave: An Employer's Guide to USERRA and the New FMLA Regulations 403 Worksite Enforcement of Immigration Law: Proactive Immigration Compliance 404 A Guide to Employment Records: Management, Access and Retention ~ 406 Age Discrimination Update (Including the New Cases Before the U.S. Supreme Court) 407 Exit Frying Pan, Enter Fire: .. When a Release Can Make a Bad,Problem Worse 408 Proving Discrimination Like Any Other Tort Claim: The Actual Import of Desert Palace 409 Repeated at #610 Data Privacy Problems in the Public Sector ~ 311. '2-fio'or "Mini-Semiriar" '.0 .. 2.0 elimination of bias credits applied for Elimin;;ltiorlof Bias: Religious Diversity and Distinct Religious Communities in Minnesota ..' 1.2-3;:....::... ... ~ . . .... e. .....;,. J:.~nn n.m. Ql=rl=PTION ....~ "0 1.3.0 - 2.30 R..~. ; BREAKOUT S~SSIO!':-J H. ~.>;~" ~ ;""':'--~-:':" ~ ",~""-!.,,,,~'\(j''; .:: -" ~ ~: ~~ ~ ~ 701 The Basics of Harassment law 702 Back by Popular Demand Y Psychology Behind a Discrimination Complaint 703 New Rules, New Technologies, New Headaches: How to Manage the Evolving Demands of the Electronic Workplace and Privacy Concerns 704 Business Immigration Update - An Advanced level Session on the Hottest Current Topics 706 Whistleblower and Retaliation Claim Update and Strategy 707 Advanced Trial Practice: Plaintiff's Panel for Winning FlSA Cases 708 Advanced Trial Practice: Sexual Harassment Claims, Investigations and litigation . 709 Repeat of #109 " Presentation Skills for Professionals - Strategies for Successful Speaking in Any Situation 710 Repeat of #509 " Inside the DOL Wage and Hour Division 711 1.0 ethics creditapplied for 0 Ethi~allssues in Employment Litigation: Pleading, Discovery and Settlement ~ "',~ . 2.~5 3.45 p.m. . . , BREAKOUT SESSION I . .- :?;;-{,%~,~4.,~ ""~,-,"-':;-:-;'T:o>c ;"'-".";.?l:"tJ:~.,..,:",~~--'-" ;- '" :-~ 801 Affirmative Action 101 802 The Injured Worker's Return to Work: The Interplay of Workers' Compensation, ADA and FMlA 803 Back by Popular Demand Y Rules of Disciplinary Documentation 804 Hiring an Employee with a Non-Compete, Confidentiality and Non-Solicitation Agreement 806 2008 FlSA Update - In-Depth .80.7 .. Mectiationof Employment Cases: What Works.and What Doesn't 1308.... Repeat of ~307 8th Circuit and Federal District Court Update 809 12ThingsEveryEmployment lawyer Should Know About labor law \"rn&;LJII ~ -:,'8;1i /~1t$f~~~'~~~~~<<:~.,~~7",- .... .. ~:-C!j)~:;' $:~Q f;!;f1J..: '.:" .' . - -. BREAKOUI"SESSION J . >. _ ': "t~;-r..~~i~;;::'-it~~~;1:t~~1~~;?" ~~"";;~"':~ .~~,.._"l(.C'- -' .<~-;.;'J.l<)~ 901 Repeat of #601 ~ How to Prepare Your Witnesses.- (Or How to Be a Good Witness) for Deposition and Trial 902 Repeat of #103 ~ How to Effectively Structure and Execute Your Investigative Interview - An In-Depth Analysis 903 Repeat of #504 Wage and Hour Exemptions - Classifying Employees Correctly ~ 904 Repeat of #203 " 20 Bothersome Employment Questions - From New law to Tough Everyday Issues " 906. Repeat of #109 " Presentation Skills for Professionals - Strategies for Successful Speaking in AllY Situation . o 810 2-hour aMini-Seminar" 2.0 elimination of bias credits applied for Elimination of Bias: Understanding Diverse Cultures and Working with Diverse lawyers, Clients and Employees 201 The Basics of Non-Competition, Confidentiality and Trade Secret Law 202 High Risk Terminations 203 Repeated at #904 ~ 20 Bothersome Employment Questions - From New Law to Tough Everyday Issues 204 Repeated at #905 ~ New Developments in Immigration Recordkeeping - Including the New 1-9 Form 207 Religion Issues and the EEOC: An In-Depth Session with Peggy Mastroianni 208 Selecting and Valuing Cases - The Key toa Successful Plaintiff's Practice 209 U.S. District Court Judges Speak - Summary Judgment, Injunctions, Trial Practice and More! 210 Off-Duty Conduct of Public Employees 211 1.0 ethics credit applied for 0 Multi-Jurisdiction Practice: Ethics Issues for In-House Counsel - ,>-- ~ - 2.45 3 45 P, . - ~ _ BREAKOUT SESSION D '",....~:{..'::'''~ '"; ,''t--:.<;-;o '"-;l~1 ~'t" >::.~.. -r~~.::,!~~,,;~1..~H ~ ~ ~ - . . 301 Retaliation and Whistleblower Law Basics 302 Disabilities and Serious Health Conditions - How to Coordinate Employee FMLA, ADA and State Disability Rights 303 Filing and Responding to Charges: Agency Insights and Hot Topics, Including the Holowecki Case 304 What's Work Got to Do With It?: Wage and Hour Issues for the Non-Exempt Employee 307 Repeated at #808 8th Circuit and Federal District Court Update ~98,<, ......... ...,.,..... .. . Advanced Trial Practice: Deposition Methoc;lStrategies and Ouestions 309 U.S. Magistrate Judges Speak - Settlement Conferences, Motion Practice, Discovery and More! 310 When Free Speech Becomes Costly: The Ever-Evolving Limits on Public Employee Speech and Public Employer Curbs on Speech ~ ". -~".~ ~,!.c,,:~~~~~~~::':~~~~;.~'i = ";,~",,-"- ~ 4.0<<;) -; 5'-QP. R-I1)~ , - ;: - BREAKOUT$~SSIPN ~~'^". _-_-~~ of~7':. ~\~_, ':.,.~.~,J~~:JEn' ~ ~-":,"":.f~~~~J~-.~":-~~~...l, '~h "~7..1..:,", 401 Effectively Executing the Termination Process: A Step-by-Step Guide 402 Military Leave: An Employer's Guide to USERRA and the New FMLA Regulations 403 Worksite Enforcement of Immigration Law: Proactive Immigration Compliance 404 A Guide to Employment Records: Management, Access and Retention ~ 406 Age Discrimination Update (Including the New Cases Before the U.S. Supreme Court) 407 E~itFrying Pan, Enter Fire: When a Release Can Make a Bad. Problem Worse 408 Proving Discrimination Like Any Other Tort Claim: The Actual Import of Desert Palace 409 Repeated at #610 Data Privacy Problems in the Public Sector ~ o ,.--............,......" 311' . 2-f1ollr HMini~Seminar" 2.0 elimination of bias credits applied for Eliminatiol1of Bias: Religious Diversity and Distinct Religious Communities in Minnesota .-' . ' e.. -. ".. ". '. c: .nn n .,., 12.-::-:.5:".. or:rr:DTlnl\l 7~ t") N cO ~ 15 , 0 N i); CI) i); 0> '" 0 a.. II 0 0 0 0 0 0 0 N m U; 0 0 0 0 to m to r:: N N Ci m 0 m m 0 0 .o .o .o .o 0 0 to t") m m .o 0 0 .o .o to t") to .... .... 0 "! ~ ~ 0 0 .o .o ,-.: ,-.: ci ci '" ~ cD m ,-.: ,-.: ci ci '" '" '" m M .0 oj oj ~ m ;0 N ~ N N ~ ~ m m .o .o U; N to co .o 0 0 ~ M .... 0 to t") t") to m N m m t") t") .o, .o. 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Z ::J ~ Z 0 0 z ::;;; a:: --' ;;: UJ <( UJ I- It: () 0:: It: f- W 0:: ::;;; OIl a:: ~ f- W ~ f- W en w It: c :(( W 'w () 0 0 0:: W Z 0:: ::> W 0 --' 0:: W --' f- 0:: W <( CD a:: 0 c: ::c en c: en u:: (!) a. 0 () w >- () z z <( <( () a. z ?; ::;;; w 0 f- en 0 z It: () > ;;: 0:: W 0 en ~ () (!) 0 :;: z 0 f- 5> '"' 0:: en :;: a:: 0: '" 0 f- ::J ::c w ::J (!) a. z w w en en f- 0 en <( >- It: ::J () --' --' --' 0 ::c (!) ::;;; 0 0:: <( <( () a:: al u. ::;;; 0 0:: W ~ a:: () ::J ::J ~ f- ::c 15 w z en w f- Z ~ il ::;;; w 0:: a. 0 w <( () w --' <( ~ z :;: ::;;; '" en z w (!) ::c 0:: w a. w '" s: ~ () ~ ~ ~ w W 0:: >< N N 13-15 '7{CL City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator@ FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Approve Plans and Specifications/Authorize Advertisement for Bids - Spruce Street/2nd Street Reconstruction Project DATE: May 19,2008 INTRODUCTION! DISCUSSION The plans and specifications for the Spruce Street/2nd Street Reconstruction Project were ordered by the City Council at the March 17, 2008 City Council meeting. The plans for the project are substantially complete. The proposed bid date is June 26, 2008, with the potential award of the project to occur at the July 7, 2008 City Council meeting. The project is anticipated to start as soon as possible after the award of the contract. BUDGET IMPACT The project costs, currently estimated at $1,248,000 will be funded through a combination of assessments to the benefiting properties, enterprise funds, and the road and bridge fund. The proposed funding would be as follows: Funding Source Amount Proposed Assessments $ 88,500 Sanitary Sewer Trunk $ 168,000 Fund Water Trunk Fund $ 91,000 Storm Water Trunk Fund $ 209,500 Road and Bridqe Fund $ 691,000 Total: $ 1,248,000 After the receipt of bids, an updated financial analysis will be provided. 14-1 Approve Plans/Authorize Bids-Spruce/2nd Street May 19,2008 Page 2 of2 ACTION REQUESTED Adopt the attached resolution approving the plans and specifications and authorizing the advertisement for bids for the Spruce Street/2nd Street Reconstruction Project. Respec!fully Submitted, ~_W~---- {::n Schorzman, P .E., City Engineer cc: file 14-2 RESOLUTION NO. R-08 APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR BIDS FOR PROJECT 08-02 SPRUCE STREET/2nd STREET RECONSTRUCTION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of May, 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to the City Council's adoption of resolution RI8-08, plans and specifications have been prepared with reference to the following improvements: Proi. No. 08-02 Description Spruce Street/2nd Street - Street & Utility Reconstruction Location Spruce Street from 4th Street to the Railroad Tracks and 2nd Street from Spruce to Oak Street NOW THEREFORE, BE IT RESOLVED that: 1. The plans and specifications for the Spruce Street/2nd Street reconstruction project are approved. 2. The City Engineer is authorized to insert in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published at least once in the Farmington Independent and in the Construction Bulletin no less than three weeks before the last day for submission of bids. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 10:00 a.m. on the 26th day of June, 2008 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May, 2008. Mayor Attested to the day of May, 2008. City Administrator SEAL 14-3 ~CL City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Co~cilmembers filld() CIty AdmInIstrator V FROM: Brian A. Lindquist Chief of Police SUBJECT: Towing Agreement, Rate increase DATE: May 19,2008 INTRODUCTION For the past several years, The City of Farmington has enjoyed a good working relationship with Starr Automotive. In March of 2008, Starr Auto advised the city they were ceasing their towing operations and would no longer be able to provide those services. DISCUSSION The City advertised for bid proposals for the towing services and received bids from two interested parties, Dick's Towing, Apple Valley and Undercover Auto Recovery, Farmington. In order to fairly assess the abilities of each bidder, they were each given a trial period; both performed well responding to calls for service quickly and efficiently. BUDGET IMPACT It is anticipated that the effect on the Police Department Budget will be minimal. Most fees are directly charged to the registered owners and not the City. ACTION REQUESTED Approve the awarding of the towing contract with Undercover Auto Recovery. Respectfully submitted, /;{ ~ // JJ~J y__-c.,~?.J::,.....J Uf? ~ c/. ~ Brian A. Lindquist e. Chief of Police 15-1 CITY OF FARMINGTON VEHICLE TOWING AND IMPOUNDING CONTRACT AGREEMENT made as of May 19, 2008, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and Undercover Auto Recovery, a Licensed and Bonded corporation ("Contractor"). The City and the Contractor agree as follows: 1. WORK TO BE PERFORMED The Contractor agrees to perform the following services upon receipt of a specific request from the City: To remove, impound and transport, or tow to storage facilities, all stolen, abandoned, damaged, illegally parked or other vehicles upon proper police request found in the public streets or elsewhere in the City of Farmington. The Contractor also agrees to care for and store all such cars when requested by the City and to preserve and deliver them to the owners or persons entitled to the possession of them upon payment of towing and storage fees, all in accordance with the provisions of the State and City statutes and ordinances and these Contract documents. The Contractor represents that the Contractor has a commitment for and agrees to maintain storage facilities large enough to accommodate at least two hundred (50) automobiles, at the following location: 22068 Canton Court, Farmington, which is within or not farther than five (5) miles from the corporate limits of the City of Farmington, Minnesota. 2. TERM This Contract will be for a term of five (5) years commencing January 1, 2008 and ending December 31,2013, unless terminated earlier pursuant to Paragraph 12 of this Contract. 3. DUTIES OF THE CONTRACTOR 3.1 The Contractor further agrees to pay all persons furnishing labor, supplies, equipment, space, or material to the Contractor in and about the performance of this Contract, these persons to be paid first, out of the amount due the Contractor, its agents or assigns. 3.2 The Contractor shall take immediate possession of any vehicle duly ordered impounded by the City and shall tow, not drive, such vehicle to the impounding storage facility. All vehicles being held for evidential or investigative reasons by the Police Department may not be released without authorization by the City Administrator, Chief of Police or other designee. Other vehicles may be released as provided herein without formal authorization from the City Administrator or Chief of Police. 137350vOl 15-3 3.3 The Contractor shall be responsible to check the theft status of any impounded vehicle in the Contractor's possession at least once every week. 3.4 The Contractor also agrees to establish the identity of the registered owners and lien holders, if any, of impounded vehicles through the Department of Public Safety automobile titles, insurance papers, and dealer bills of sale. 3.5 It shall be the responsibility of the Contractor, immediately upon the deposit of a towed vehicle in the storage lot, to send the registered owner and lien holder of record a notice by certified mail specifying the date and place of the taking, the year, make, model, and serial number of the vehicle towed and the right to reclaim. Said notice shall include the procedure for reclaiming the impounded vehicle. The notice shall comply with Minn. Stat. 1688.06 and any other applicable law. A record of this notice shall be retained by the Contractor during the term of this Contract, and for an additional two (2) years after the expiration of this Contract. The cost of this notice shall not exceed Fifteen and no/100 Dollars ($15.00) each and shall be borne by the registered owner of the vehicle. If the owner of the impounded vehicle subject to a lien fails to reclaim the vehicle, the Contractor shall provide notice to the lien holder, if any, prior to disposition of the vehicle. Exception: When the vehicle is an abandoned vehicle (as defined by Minnesota law) more than seven model years of age, is not currently licensed, and is missing vital component parts, the Contractor may, with the approval of the Chief of Police, immediately dispose of such vehicle pursuant to Minn. Stat. 1688.01 et. seq. and any other applicable law. 3.6 The Contractor shall be solely responsible for all matters relating to the operation of the storage facility as provided for in the City Code. Said storage facility shall be fenced in a secure manner. 3.7 The Contractor agrees to keep safely all impounded vehicles, equipment and accessories contained therein, and personal property, and, notwithstanding the foregoing, to retain possession of same until all charges against the impounded vehicle have been satisfied, and to reimburse the City and the owners for any and all losses relating thereto. All personal property valued at One Hundred and no/100 Dollars ($100.00) or more shall be removed from the vehicle and stored in a secured place until returned to the owner at the time said vehicle is released. Personal property that, in the judgment of the Police Department is necessary for health and safety purposes, shall be released upon order of the Police Department. 3.8 The Contractor shall be required to keep, in a manner acceptable to the City, a monthly report of all vehicles towed, released, and still held. The report shall be forwarded to the Police Department no later than the tenth day of the following month. The report shall also include the reason why vehicles, if any, towed in the preceding month have not been released. All clerical, administrative, and 1 5U~50vOl 2 late fees due the City shall be paid no later than the tenth of the month following that in which the charges accrued. 3.9 To promote the general welfare and safety, in all cases where the Contractor shall fail to respond to any call for tow trucks within thirty (30) minutes, the City shall be paid Fifty and no/100 Dollars ($50.00) by the Contractor. If the Contractor fails to respond within sixty (60) minutes, another vendor may be contacted to provide services, and the Contractor shall be responsible for the cost of the tow. 3.10 Contractor shall insure that all employees dress in appropriate attire that is clean and well maintained. Clothing should display the name of the contractor displayed in a contrasting color visible on the front of the employee's shirt. 4. TOWING CHARGES Towing charges for service provided by the Contractor under this Contract shall be $125.00 per tow. The Contractor will not charge additional fees for specific services provided nor particular circumstances relating to any individual tow, including, but not limited to the following: Show up but not hoisted; show up hoisted and dropped; use of one dolly; waiting time, regardless of the amount; unusual labor required (e.g., more than fifty feet off the roadway, in a lake, etc,); and winching more than fifty feet. No additional administrative fees or charges of any kind, other than those specifically listed in this Contract, shall be charged. Vehicles which are snowed in and require shoveling by tow truck operator prior to towing shall be charged a $25.00 labor charge in addition to the standard towing fee. Towed vehicles exceeding one ton capacity shall be charged the standard tow fee plus an additional labor charge pro-rated per hour or part thereof at $50.00 per hour, plus material costs. The fee charged for storage of towed cars by Contractor will be the sum of Indoor, $30.001 Outdoor $25.00 per day, calculated from midnight to midnight. The Contractor's towing charges shall include Fifteen and no/100 dollars per vehicle towed to be paid to the City monthly, within ten (10) days of the end of each month, by the Contractor for clerical and administrative expenses of the City. City vehicles that require towing shall be towed without charge to the City. Contractor must possess equipment to tow oversized/overweight vehicles (ie: Fire Trucks, Street Sweepers) or provide service from another provider without charge to the City. Vehicles towed and stored pursuant to seizure under state law, at the request of the City, shall be charged a storage fee by Contractor of $3.00 per day to the City. Contractor's storage fee and tow fee for vehicles held pursuant to seizure under state law shall not exceed $540.00 per vehicle. Any private cars towed and/or stored in error at the request of the City shall be returned to the registered owner at no charge to the registered owner or the City. 137350vOI 3 15-5 All tow prices shall include the clean-up of the street or highway by the Contractor. 5. STORAGE AND RELEASE OF IMPOUNDED VEHICLES Any vehicle directed to be impounded, from the time it is taken possession of by the Contractor and during the time it is impounded, and until it is reclaimed, shall be considered to be in the custody of the law, and no work shall be done on it by the Contractor, nor shall the Contractor permit anyone to do any work on it until the vehicle has been reclaimed. All vehicles, when ordered released by the City Administrator or Police Department, shall be released to the registered owner without other charges other than the impounding and storage fees. During the time the vehicle is impounded, the Contractor shall not permit the owner or other persons to take or remove the vehicle or any parts or change or repair any parts. All vehicles which have been involved in criminal proceedings and which are designated by the Police Department as being held for that reason shall be held and stored in inside garages. Vehicles impounded for other reasons may be stored in inside garages or in fenced designated parking lots with a minimum fenced height of six (6) feet. The Contractor's hours of operation for release of impounded vehicles shall be as follows: Monday through Friday Saturday Sunday and holidays 7:30 a.m. to 6:00 p.m. 8:00 a.m. to 12:00 Noon 9:00 a.m. to 11 :00 a.m. 6. RELEASE FORM No vehicles shall be released by the Contractor without authorization from the City. No vehicle shall be released without proper proof of ownership and proof of current automobile insurance. Vehicles ordered held by the Police Department shall not be released without written authorization from the Police Department. At the time of the return of the vehicle, the Contractor shall give a release in writing which shall state the date of such release together with the charges enumerated thereon and the purpose for which the charges were made. The release shall be made in one original and two copies, all of which shall be signed by the Contractor and the person to whom the release is made. The Contractor shall retain the original of the release and shall deliver one copy to the owner of the vehicle and one copy to the Police Department. 7. CHARGES FOR OPERATIONS To the extent allowed by law, all charges for towing and storage shall be secured by a lien against the vehicle and its contents impounded and carried on account until the sale or other proper disposition of such vehicle is authorized by the City. 15U6350vOI 4 8. COMMUNICATIONS The Contractor shall provide a constant telephone answering service 24 hours a day, seven days per week, for the purpose of receiving requests for service pursuant to this Contract. 9. INSURANCE During the term of this Contract, the Contractor shall secure and maintain all bonds and insurance policies as will protect them from claims arising out of or as a result of Contractor's operations under this Contract whether such operations be by Contractor or by a Subcontractor or Sub-subcontractor or anyone directly or indirectly employed by anyone of them, or by anyone for whose acts any of them may be held liable. Approval of the insurance by the City shall not in any way relieve or decrease the liability of Contractor hereunder, and it is expressly understood that the City does not in any way represent that the required insurance or liability limits hereunder are sufficient or adequate to protect Contractor's liabilities, obligations or interests. Exhibit D cites the minimum insurance requirements of the Contractor. Contractor shall furnish City an Insurance Certificate in the form attached as Exhibit D or as approved by the City's Risk Assessment Manager and/or City Clerk. Any insurance agent for coverage required by this Contract shall have in force and effect errors and omissions coverage in limits of not less than $500,000 per occurrence and $500,000 aggregate. Contractor shall not begin any work until the City has reviewed and approved the Insurance Certificates and has so notified Contractor directly in writing. Notice to proceed shall be subject to such approval of the City. Certificate of Insurance shall show that the required insurance is currently in force, and providing that said coverage shall not be terminated or changed by the Insurer except upon sixty (60) days prior written notice to the City. Failure to comply with the provisions of this section shall automatically suspend this Contract until said insurance provisions have been satisfied. A notice of insurance renewal shall be provided to the City (30) days prior to the renewal date of this insurance or the annual anniversary date of this Contract. Failure to provide the City with evidence of renewal shall automatically suspend this Contract until satisfactory evidence of renewal is provided the City. No policy shall contain any provisions for exclusion from liability other than the provisions for exclusions from liability forming part of the standard, basic, unamended and unendorsed form or policy, except no exclusion will be permitted if it conflicts with the coverage expressly required by this Contract or which would conflict with or in any way impair coverage under the Contractual coverage applying to this Contract. Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve Contractor from liability assumed under any provision of this Contract. 10. LIABILITY The Contractor will be liable for the loss of or damage to any impounded vehicle, including equipment thereon, and any personal property or other contents, which loss 137350vO I 5 15-7 or damage is caused by the Contractor, its employees, agents or subcontractors. This liability would take effect from the time the Contractor or the Contractor's agent signs the receipt for the vehicle provided by the Police Department or takes custody of the vehicle by hooking or hoisting, whichever occurs first. The Contractor shall take all precautions necessary to protect the public against injury, and will defend and hold the City harmless from all damages and claims of damage that may arise by reasons of the towing and storage of vehicles pursuant to this Contract. 11. INDEMNIFICATION The Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses including attorneys' fees, which may be asserted against or incurred by the City or for which the City may be held liable because of bodily injury including death at any time resulting therefrom, property damage including loss of use thereof, economic loss of, or any other type of damage arising out of the performance of this Contract by the Contractor, its employees, agents or subcontractors. 12. TERMINATION The City shall have the right to terminate this Contract in the event of breach thereof by the Contractor, and a continuing breach shall not be deemed to be waived because it was not followed by prompt termination. Upon breach of this Contract, neither party shall be entitled to any administrative hearing to establish the fact of default or a party's right to terminate. Rather, all parties retain any and all rights at common law to obtain redress for breach of this Contract. This Contract shall terminate, and neither party nor officer of the City shall be liable for further performance after such termination if it shall become invalid by reason of any present or future law other than an ordinance of the City. 13. EXCUSE FOR PERFORMANCE The work shall be done with resources which are adequate to insure the satisfactory towing of vehicles under all adverse conditions. Weather, breakdown, and similar hindrance which on other work might be regarded as "acts of providence" shall not apply to relieve the Contractor of the responsibility for carrying out the work. 14. PERFORMANCE BOND This Contract shall not be in effect until the Contractor shall have executed and delivered to the City Clerk a letter of credit or a performance bond executed by a corporate surety company authorized to do business in the State of Minnesota in the sum of Twenty-Five Thousand and no/100 Dollars ($25,000.00) to secure the faithful performance of this Contract by said Contractor conditioned upon that the Contractor shall well and truly perform and carry out the covenants, terms and conditions of this Contract in strict accordance with its provisions. The Contractor shall use the Bond form attached as Exhibit E. This Contract shall be subject to termination by the City at any time if said bond shall be canceled or if the surety thereon is relieved from liability 1 5UY50vOl 6 because of the Contractor's failure to pay the premium or upon the occurrence of the expiration of the period of the bond without renewal thereof. 15. SUCCESSORS AND ASSIGNS The Contractor, its successors, executors, administrators, and assigns are bound jointly and severally to the City in respect to all covenants of this Contract. The Contractor shall not assign or transfer any part of the Contractor's interest in this Contract, or sublet as a whole, nor shall the Contractor assign any moneys due, or to become due, without the City's prior written consent. 16. SALE AND/OR DISPOSAL OF VEHICLES When the total of all charges for towing, storage and necessary additional charges equals or exceeds the value of the vehicle impounded, the Contractor shall sell at sheriffs sale or dispose of by any other legal means the said vehicle. In disposing of impounded vehicles, the Contractor shall comply with the provisions of Minnesota Statute 1688.09, Subd. (1) and (2) and any other applicable law. The Contractor shall report all transactions of sale or disposal, and the proceeds received therefrom, to the Office of the City Administrator within two business days. The Contractor shall keep a record of all losses and profits from the sale or disposal of said vehicles and report annually. 17. INDEPENDENT CONTRACTOR At all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so to find the Contractor an employee of the City. 18. NON-DISCRIMINATORY PRACTICE During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment or other individual because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, age, sexual preference, or any other basis prohibited by federal, state or local law. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontractors for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontractors for program work. 19. AFFIRMATIVE ACTION The Contractor recognizes that the City is an equal opportunity employer and agrees during the life of this Contract to take affirmative action to provide equal employment opportunity without regard to race, creed, color, national origin, age, sex, marital 137350vOl 7 15-9 status, sexual preference, physical or mental disability, membership or activity in a local committee or status with respect to public assistance. 20. COMPLIANCE In providing services pursuant to this Contract, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Contract. Failure of the Contractor to comply with any of the obligations of this Contract shall constitute a breach of the Contractor's obligations and shall entitle the City to terminate the Contract and collect all damages, including the arrearages and all costs of collection including reasonable attorneys' fees. 21. RECORDS AVAILABILITY AND RETENTION Pursuant to Minn. Stat. 168.06, Subd. 4, Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Contractor and involve transactions relating to this Contract. 22. DATA PRACTICES All data collected, created, received, maintained or disseminated or used for any purposes in the course of this Contract by any party is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. 23. NOTICES All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to City: City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 With Copy to: Farmington City Attorney Campbell Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 1 5 DftlOvo 1 8 If to Contractor: Undercover Auto Recovery 22068 Canton Court Farmington, MN 55024 24. WHOLE AGREEMENT This Contract embodies the entire agreement between the parties including all prior understandings and agreements and may not be modified except in writing signed by both parties. EXECUTED as of the day and year first written above CITY OF FARMINGTON CONTRACTOR: By: Kevan Soderberg, Mayor BY: Its By: Peter J. Herlofsky, Jr., City Administrator 137350vOl 9 15-11 Exhibit A TOWING AND IMPOUNDING OF VEHICLES BIDS CLOSE ,20 Farmington, Minnesota, 55024 ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN that sealed bids will be received at the City Clerk's Office at _ Farmington City Hall, 325 Oak Street, Farmington, Minnesota, until 10:00 a.m. on the day of , 20_, at which time they will be publicly opened in the City Hall Council Chambers on the following: TOWING AND IMPOUNDING OF VEHICLES (Five Year Contract) Bidding information, specifications and proposal forms are available at the Farmington Police Department, 19500 Municipal Drive, Farmington, Minnesota. All bids must be submitted on proposal forms provided and in accordance with specifications prepared by the City of Farmington. No bid will be considered unless sealed and filed with the City Clerk's Office at 325 Oak Street in Farmington by the specified time and date and accompanied by a cash deposit, money order, certified check, cashier's check, or bid bond payable to the City of Farmington, and in the amount of $1,500.00, to be forfeited as liquidated damages in the event that the bid is accepted and the bidder fails to enter promptly into a contract. No bids may be withdrawn for a period of thirty (30) days atter the opening of bids. The City Council reserves the right to reject any or all bids and to waive informalities and minor irregularities. BY ORDER OF THE CITY COUNCIL 1 5~132ovOl A-I Exhibit B CITY OF FARMINGTON, MINNESOTA INFORMATION AND INSTRUCTIONS TO BIDDERS FOR TOWING AND IMPOUNDING OF VEHICLES INSTRUCTIONS TO BIDDERS 1. Explanation to Bidders: The City requires vehicle towing and storage services. A description of the services and the City's requirements are set forth fully in the Vehicle Towing and Impounding Contract attached hereto and made a part of this Advertisement for Bids. Any explanation regarding the meaning or interpretation of contract, specifications, or other contract documents must be requested in writing, with sufficient allowance of time for receipt of reply before the time of bid opening. Any such explanations or interpretations shall be made in the form of addenda to the documents and shall be furnished to all bidders, who shall submit all addenda with their bids. Oral explanations and interpretations made prior to the bid opening shall not be binding. 2. Bid Reauirements: No bid will be considered unless sealed and filed with the City Clerk's Office at 325 Oak Street in Farmington and accompanied by a cash deposit, money order, certified check, cashier's check, or bid bond payable to the City of Farmington, and in the amount of $1,500.00, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder shall fail to enter promptly into a contract. No bids may be withdrawn for a period of thirty (30) days after the opening of bids. 3. Preparation of Bids: Bids shall be submitted on the forms provided or copies thereof, must be completed manually in ink or typewritten, and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. 4. Submission of Bids: Bids must be submitted as directed in the Advertisement of Bids. 5. Receipt and Openinq of Bids: Bids shall be submitted prior to the time fixed in the invitation for bids. Bids received after the time indicated shall be returned unopened. 6. Withdrawal of Bids: Bids may be withdrawn at any time prior to the opening upon written or telegraphic request of the bidder. Negligence on the part of the bidder in preparing its bids shall not constitute a right to withdraw bid subsequent to bid opening. 137350vOl B-1 15-13 7. Presence of Bidders at Openinq: At the time and place fixed for opening bids, the contents of all bids will be made public for the information of all bidders and other interested parties. 8. Award of Contract: a) The contract shall be awarded to the lowest responsible bidder as soon as practicable after the bid opening, subject to the reservation of paragraph 9 hereinafter. b) In case of error in the extension of prices, the unit bid prices shall govern. c) Past experience of the City with any bidder shall be considered in determining the bidder's fitness to perform. Proximity of storage lot to the City of Farmington will also be considered. 9. Reiection of Bids: The City reserves the right to reject any and all bids. 10. Irreqularities: The City reserves the right for the City Council to waive minor irregularities or informalities in bids, so long as no bidder is materially prejudiced. 11. Contract. Bonds and Insurance a) The bidder to whom the award is made shall enter into the City's written contract within the time specified in the proposal. A copy of the City contract is part of the bid package. b) Performance bond on forms to be supplied by the City shall be furnished at the time of signing the formal agreement. c) The contractor shall secure and maintain such insurance policies as are required. 12. Interpretation. Clarification: Bidder should direct questions regarding specifications to Chief Brian Lindquist, Farmington Police Department, Monday through Friday, a.m. to p.m., 651-463-3333, providing sufficient time before bid opening (three days), to allow the City time for written notification to all bidders. 1 5 Up40vo 1 B-2 Exhibit C CITY OF FARMINGTON, MINNESOTA 325 OAK STREET AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS AFFIDAVIT OF NON-COLLUSION: I hereby swear (or affirm) under the penalty for perjury: (1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation); (2) That the attached bid or bids have been arrived as by the bidder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition; (3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed First Name Subscribed and sworn to before me this day of , 20_. 137350vOI C-I 15-15 Bidder's E.1. Number (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941): Respectfully submitted, First Name By Title First Address State if bidder is: Individual Partnership Name of Partners: Corporation State in which incorporated If split bid, name of responsible bidder If split bid, name of sub-contractors: 1 5 !JH3ovo I C-2 Exhibit 0 INSURANCE The Contractor shall obtain insurance coverage which includes: a) Garage Liability insurance covering ownership, maintenance and use of locations for the Garage business with limits of insurance of not less than $1,000,000 combined single limit, or if provided via split limit, of $1,000,000 Bodily Injury and $500,000 Property Damage. Such insurance will include, with the same limits of liability, Contractual Liability insurance covering the Indemnification Agreement, item 10 of this Contract. b) Garage Keepers Legal Liability coverage for Comprehensive and Collision coverages with limits to cover all vehicles Contractor is responsible for. c) Comprehensive Automobile Liability insurance of not less than $1,000,000 combined single limit, or if provided via split limit, $1,000,000 Bodily Injury and $500,000 Property Damage. Such Auto coverage shall include coverage for all Owned, Hired, and Non-Owned vehicles. d) Hazardous Load insurance as required by federal or state laws. e) Comprehensive General Liability insurance of not less than $1,000,000 Bodily Injury/Property Damage. f) Statutory Minnesota Workers Compensation insurance required by law or any other similar employee benefit act and Employers Liability insurance with minimum limits of $100,000 each occurrence. g) All above insurance shall be provided by an insurance company authorized to do business in the State of Minnesota. h) Contractor may provide coverage limits as set out above by a combination of the above described policy forms and an Umbrella liability policy. i) Contractor is responsible for any policy deductibles, corridors or self insured amounts. Contractor's Insurance Agent's Responsibility a) Contractor's Insurance Agent shall certify that Contractors insurance policies comply with all insurance requirements set forth in this Contract. 137350vOl D-I 15-17 1 5!]f~OvOl b) Contractor's Insurance Agent shall have in force Insurance Agent's Errors and Omissions insurance with liability limits of not less than $1,000,000 per occurrence and $1,000,000 Annual Aggregate. c) Insurance Agent shall submit to City a Certificate of Insurance evidencing Insurance Agent's Errors and Omissions coverage in a form acceptable to the City's Risk Assessment Manager and/or City Clerk. Certificate shall provide for 30 days advance written notice of cancellation or material change of policy to the City. D-2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 9b TO: /l /'/.--J Mayor, Councilmembers, and City Administrator'....".-.!.., ! vi 'Y' Brenda Wendlandt, Human Resources Director ' FROM: SUBJECT: Award of Contract -Citywide IP Video Surveillance System DATE: May 19,2008 INTRODUCTION On April 21, 2008, the Council authorized staff to advertise for bids for the Citywide IP Video Surveillance System. DISCUSSION The City advertised for bids and the sealed bids were officially opened at 10:00 a.m. on May 14,2008 and are as follows: Bidder Base Bid VTI Bid with Deduct $193,966.38 $163,480.38 Pro- T ec $119,416.84 After a thorough review by staff, it is recommended that the City reject all bids as they are higher than the anticipated amount of $80,000 to $100,000. City staff is evaluating all information to determine the next steps that need to be taken in order to obtain an IP video surveillance system that meets the City's security needs. ACTION REQUESTED Reject all bids for the Citywide IP Video Surveillance System. Respectfully Submitted, /,;( AI1 /</'1-; ;;Jl 1/./, - . / ",,"". . -, / _,". .. /I~/ /1 .(//'. . /;'1 . ...... ?ctt",,- ~_':../Jt/l'd-",--. "(./eiC? (/ .' Brenda Wendlandt, SPHR Human Resources Director cc: file 16-1 //CL City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.fannington.mn.us TO: Mayor, Councilmembers, City Administrato@ Kevin Schorzman, P.E., City Engineer FROM: SUBJECT: Approve Plans and Specifications/Authorize Advertisement for Bids - TH-3 Roundabout Project DATE: May 19,2008 INTRODUCTION/ DISCUSSION The plans and specifications for the TH-3 Roundabout Project were ordered by the City Council at the December 3, 2007 City Council meeting. This project is being made possible by financial contributions from several project partners. The developer of the Seed property has agreed to contribute financial support to the project. Their contribution will be memorialized in the PUD agreement for the Fairhill development prior to award of the contract. Empire Township has supported the project through both a financial contribution as well as a cost sharing agreement for ongoing maintenance which was approved in April by both the Council and the Town Board. Dakota County is committed to financial support of the project through the joint powers agreement included in this agenda. The Minnesota Department of Transportation (MnDOT) is funding this project with cooperative agreement funding during the 2008 fiscal year (July 2007- June 2008). MnDOT has agreed to allow a short extension to allow the project to be awarded at the July 7, 2008 Council meeting. The plans for the project are substantially complete. The proposed bid date is June 23, 2008, with the potential award of the project to occur at the July 7, 2008 City Council meeting. The project is anticipated to start as soon as possible after the project is awarded. BUDGET IMPACT The most recent project cost estimate indicates a total project cost of $2,179,000. The proposed cost split between the project partners is as follows: 17-1 Approve Plans/Authorize Bids-TH-3 Roundabout May 19, 2008 Page 2 of2 Funding Type of Source Amount Commitment Date Executed Cooperative MnDOT $ 550,000 Aoreement 5/19 Aaenda Joint Powers Dakota County $ 400,000 Aoreement 5/19 Aoenda Empire Joint Powers Township $ 380,000 Aoreement 4/21/2008 Developer $ 310,000 PUD Contract Pendino City $ 539,000 Total: $ 2,179,000 After the receipt of bids, an updated financial analysis will be provided. ACTION REQUESTED Adopt the attached resolution approving the plans and specifications and authorizing the advertisement for bids for the TH-3 Roundabout Project. Respectf;ull~ ~bmitted, ~ pA-------- Kevin Schorzrnan, P .E., City Engineer cc: file 17-2 RESOLUTION NO. R-08 APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR BIDS FOR PROJECT 08-03 TRUNK HIGHWAY 3 ROUNDABOUT CONSTRUCTION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of May, 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to the City Council's direction at the December 3, 2007 City Council meeting, plans and specifications have been prepared with reference to the following improvements: Proi. No. 08-03 Description Roundabout construction on TH-3 at 190th Street Location TH-3 and 190th Street (Future County Road 64) NOW THEREFORE, BE IT RESOLVED that: 1. The plans and specifications for the TH-3 Roundabout project are approved. 2. The City Engineer is authorized to insert in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published at least once in the Farmington Independent and in the Construction Bulletin no less than three weeks before the last day for submission of bids. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 10:00 a.m. on the 23rd day of June, 2008 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of May, 2008. Mayor Attested to the day of May, 2008. City Administrator SEAL 17-3 Jib City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor and Councilmembers ~ Peter 1. Herlofsky, Jr. \g City Administrator TO: SUBJECT: Reconsider Park Regulations Ordinance on Golfing DATE: May 15,2008 INTRODUCTION Councilmember Wilson has requested Council reconsider the parks ordinance to regulate golfing in City parks. DISCUSSION The following information is attached for your further review: 1. Councilmember Wilson's request to reconsider this item. 2. E-mail from a concerned resident. 3. Parks and Recreation Director Distad's May 5, 2008 Council memo and proposed ordinance amendment. 4. Park regulation ordinances from Apple Valley, Burnsville, Rosemount, Eagan, Hibbing, Fridley, Lakeville ACTION REQUESTED Reconsider amending ordinance 6-9-6 prohibiting golf in City parks. Respectfully submitted, Peter J. Herlofsky, Jr. City Administrator CmullerlHerlofsky/Council MemosIProhibit Golfin Parks 18-1 Page 1 of 1 )eter Herlofsky From: Steve Wilson Sent: Tuesday, May 13,20089:47 PM fo: Peter Herlofsky; Randy Distad :c: FA Council Members Subject: RE: Item 7b from May 5 Council meeting ter and All, Ie additional request of possible. I would also like to request that City staff do so some research regarding the language of any li1ar ordinance within our neighboring cities such as Apple Valley, Eagan, Lakeville, Burnsville and Rosemount. ank you again. ~ve Wilson lm: Steve Wilson nt: Tue 5/13/2008 9:46 PM : Peter Herlofsky; Randy Distad : FA Council Members bject: Item 7b from May 5 Council meeting ter and or Randy, ould like item 7b from the May 5,2008 Council meeting put on the agenda for next Monday May 19th for reconsideration. fen that I was on the majority side of this item, I believe this gives me the ability to request this reconsideration. len the item was presented to us last week there was not a lot of specific details to work with and although I had some lcerns about the golf balls being errantly hit in our parks I was lacking specific information from residents and also any erence to other cities and how they treat golfers in our parks. For that reason I didn't find any compelling reason to support the lposal to amend 6-9-6 within the park regulations. er reading and contacting a resident who wrote to Council, I believe that we didn't give this measure fair consideration on May ~ase let me know if you have any questions. :Ink you. !ve Wilson i1) 463-3627 l4/203e-2 Page 1 of2 Peter Herlofsky m: Mike & Erin Krause [krauses1@charter.net] nt: Wednesday, May 07, 20084:47 PM To: Kevan Soderberg (Council); Christy Fogarty; David McKnight; David Pritzlaff; Steve Wilson; Peter Herlofsky Subject: Golf Ordinance Dear City Council Members, I am extremely disappointed in the vote to deny our city an ordinance which prohibits people from playing golf in our city parks. I am in favor of such an ordinance, as are ALL of our neighboring communities. I have been in contact with Apple Valley, Burnsville, Eagan, Lakeville, Rosemount, Bloomington, Inver Grove Heights, and more, today and I have to say that I was embarrassed to say why I needed their ordinance numbers and documentation. I could go on with the list of cities if you would like, but the fact that these SEVEN neighboring communities all find it in their best interest to protect their children and residents from errant golf balls, and their city workers from balls left in the grass which become high speed projectiles when picked up by the large commercial mowers used to groom our parks, lead me to believe that if you are in the position to keep our community safe, and had had this information before the vote, that you would reconsider. I live backing up to the Meadowview Park. We were thrilled to move into a growing community that was working to establish a beautiful park and trail system. Since the park has become more traveled and the developments surrounding the park have been completed, as well as the paths connecting the park and field to the community, the park has seen an increase in use. This has included golf. We find countless golf balls in our back yard and near our fence facing the park. Our two, four and six year old children are not safe in their own back yard when people are hitting golf balls that stray. Last Saturday night we had a group of 5, 10-12 year old boys who were hitting golf balls as hard as they could across the field without supervision. Walkers were turning around on the paths and heading the other direction to avoid being hit. We had to bring our children inside. My husband yelled to them to be careful because they were not being safe. They responded that they could do whatever they wanted because their .aid that they could hit balls here. Later when they were leaving the park they drove their bikes over and threw _ ails at our fence. With no ordinance in place there is nothing that we can do to stop this behavior. The police would have no backing to stop their play without a city ordinance, and that was a situation that should have been handled by our police force, not the neighbors being affected. No one would go for a picnic or send their children to play on a driving range. Please don't let our parks become driving ranges. Even Tiger Woods hits an occasional errant ball. How many do you suppose those 10 yr olds hit? If our park is to be a driving range, please provide us with the proper netting system to keep my children and the people trying to enjoy our beautiful parks and trails safe. Would you want your neighbors to hit golf balls toward your houses?? If your neighbor is your city, there are many more considerations. Please consider reopening this issue. Sincerely, Erin Krause 651-463-8995 Lakeville: It shall be unlawful for any person to play golf or hit golf balls in a City park. (Ord. 419, sec. 1, 7-2-90) Thanks --- Dan Brettschneider Dan Brettschneider Lakeville Parks and Recreation 20195 Holyoke Avenue (952) 985-4615, fax (952) 985-4499 Apple Valley - Ordinance 14.5-3 n City Ordinance 10.23 Burnsville City Website: Golf Balls 18-3 5/14/2008 Page 2 of2 ting of regular golf balls is prohibited in all parks (except Birnamwood Golf Course). Hitting of whiffle-style golf balls is allowed, but only off of a piece of carpet to protect turf damage, and proper caution of others. emount: Why can I not hit golf balls in a park, especially if no one is there? balls left behind in the grass can also easily be picked up by the large mowers used by City maintenance s and become dangerous high speed projectiles that may cause serious damage or injury. n a person is hitting a golf ball the ball travels over a great deal of space and anyone who happens to be n that space is at danger of being hit. Even the most skilled golfers will occasionally hit an errant shot and :an be very dangerous to anyone in that path. If people feel unsafe in a park because a golfer is trying to there, the park is less likely to be used for its intended purpose. ty of Bloomington - www.cLbloomington.mn.us/code/code52.html#b5 21 14/20bU-4 //6 City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator (it Randy Distad, Parks and Recreation Director FROM: SUBJECT: Ordinance Amending Ordinance 6-9-6 Park Regulations DATE: May 5, 2008 INTRODUCTION City staff, Parks and Recreation Advisory Commission (the Commission) and the City Attorney have reviewed Ordinance 6-9-6 Park Regulations Prohibited Activities in Parks. DISCUSSION Complaints and concerns have been received about the practicing of golf in City parks. These complaints stem from golf balls being hit errantly and causing damage to abutting property owner's cars and homes. A concern was also reported about a situation in one park where golf balls that were being hit came close to hitting parents and their children while they were playing in the park. Staff brought this issue to the Commission at its April 9, 2008 meeting. The Commission voted unanimously to recommend to the City Council that a text amendment be made to Ordinance 6-9-6 concerning park regulations that would add a provision prohibiting golf in City parks. The attached Ordinance contains the recommended text amendment language in Ordinance 6-9-6. ACTION REQUESTED Adopt the attached Ordinance that amends Ordinance 6-9-6 and prohibits golf in City parks. _~es ctfully SUb~ .~~ Ran y Distad Parks and Recreation Director 18-5 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER 9 OF THE FARMINGTON CITY CODE CONCERNING PARK REGULATIONS, ADDING GOLFING TO PROHIBITED ACTIVITIES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-9-6 of the Farmington City Code is amended by adding a paragraph (G) to read as follows: (G) It shall be unlawful for any person to play golf or hit golf balls in a City park. SECTION 2. Effective Date. This ordinance shall take effect immediately upon its passage and publication. ADOPTED this the City of Farmington. day of , 2008, by the City Council of CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor ATTEST: Peter J. Herlofsky, Jr., City Administrator Approved as to form the day of ,2008. City Attorney Published in the Fannington Independent the day of ,2008. 18-6 ALP Page 4 of7 Aj7{?/e ~//~ (N) Erection of structures and public service utilities. No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across any lands except on special written permission from the City Council. (0) Throwing stones and other missiles; golf (I) No person shall throw or cast any stone or other missile carelessly or heedlessly in disregard of the rights or safety of others, or in any manner so as to endanger or be likely to endanger any person or property. > (2) Except as permitted at the Valleywood Municipal Golf Course and no person shall hit or strike a golf ball or swing a golf club. (P) Hockey. No person shall play hockey, except in designated areas. No hockey sticks or pucks shall be permitted in general skating areas. (Q) Nudity; committing nuisances; obscene language and behavior. No person shall appear nude, commit any nuisance or use threatening, abusing, insulting, obscene or indecent language or act in any indecent, lascivious or improper manner or do any act which constitutes a breach of the public peace. (R) Operation of minibikes, motor bikes, other recreational vehicles. No person shall operate minibikes, motor bikes, snowmobiles or any motorized recreational vehicle in parks other than at sites designated by the City Council. (8) Aircraft, hot air balloons, parachutes. No person shall use any for a starting or landing field for any aircraft, hot air balloons or parachutes, except by permit from the City Council. (T) Peddling and selling. No person shall sell, solicit or carry on any business or commercial enterprise or service in any except in connection with an activity for which a use permit has been issued by the Director or lease or contract granted by the City Council. (D) Exemptions. City agents, employees and police officers acting in their official capacity shall be exempt from the provisions of this section. (' 81 Code, S 14.5-3) (Ord. 242, passed 6-9-80; Am. Drd. 278, passed 11-9-82; Am. Drd. 308, passed 10-27-83; Am. Drd. 414, passed 4-28- 88) 18-7 http://www.amlegal.comlnxt/ gateway .dll/Minnesota/ applevalley Ititleixgeneralregulationsl c... 5/14/2008 8-6-11: GOLF: L3urnsvl / Ie... Page 1 of 1 8-6-11: GOLF: (A) Hitting Of Golf Balls Prohibited: No person shall hit, drive, stroke or otherwise propel a golf ball upon, in, over, across or into a park except within areas that have been designated for such activity. (B) Hitting Of Practice Golf Balls: Unless specifically prohibited, practice golf balls may be hit in parks provided: 1. The practice golf ball is a thin hollow sphere of plastic or other similar lightweight material; and 2. The practice golf ball is hit only off a pad of sufficient thickness to protect the natural turf from divits. (Ord. 276, 6-17-1985) 18-8 http://66.113.195.234/MN/Burnsville/090060000000 11 OOO.htm 5/14/2008 4-3-12: GOLF: Page 1 of 1 kose"..,..., CDq.~-(- 4-3-12: GOLF: No person shall play the game of golf or engage in putting, practice swinging or the striking of any golf balls in any city park. (Ord. XV1.27, 2-1-1994) http://66.113.195.234/MN/Rosemount/05003000000012000.htm 18-9 5/1412008 Chapter 10 PUBLIC PROTECTION, CRIMES AND OFFENSES* Page 23 of 41 6' ayo.-i1 responsibility described in subdivisions 2, 4 or 5 of this section and, after notice given, has not complied within the allowed time, the city may cause such work to be done, and the expenses thus incurred shall be a lien upon such real estate. The city clerk-treasurer shall certify to the county auditor of the county a statement of the amount of the cost incurred by the city. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. (Code 1983, 910.21, eff. 1-1-83; Ord. No. 107, 2nd series, eff. 7-27-90; Ord. No. 185, 2nd series, eft. 9-1-94; Ord. No. 296, 2nd series, 93,7-27-00; Ord. No. 340, 2nd series, 9 1, eft. 4-25-02) Sec. 10.22. Reserved. (Code 1983, 9 10.22, eff. 1-1-83; Ord. No. 119, 2nd series, eff. 6-4-91) Sec. 10.23. Rules and regulations governing public parks and recreation areas. Subd. 1. Unlawful acts (general rules). It is unlawful for any person, in any park or recreation area, to: A. Deface, destroy, tamper with, injure, or remove any city property, including, but not limited to, furniture, structures, vegetation, signs or soils. B. Scatter or litter the grounds or any lake, pond, or watercourse within or draining into a park with any form of trash, but shall place such material in the proper receptacles where these are provided; where receptacles are not provided, all such trash shall be carried away from the area by the person responsible for its presence. C. Start a fire, except a small fire for cooking purposes in a designated area, and then only in a fire ring, grill or portable stove, or fail to fully extinguish such a fire. D. Use any land or body of water for a launching or landing operation for flying apparatus except by permit from the councilor park director. Powered model aircraft may only be flown in areas which will not interfere with sport games or any other park activities. E. Sell, solicit or conduct any commercial enterprise unless authorized by written permit from the councilor park director. F. Play games which interfere with appropriate use of the rinks, sledding or tobogganing areas or use hockey sticks or pucks in areas not designated for hockey play or loiter on the ice or in park buildings. G. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars or announcements of any kind for a commercial purpose. Subd. 2. Unlawful acts (hours and conduct). It is unlawful for any person, in any park or recreation area, to: A. Remain between 11 :00 p.m. and 5:00 a.m. without a written permit from the council or park director. No privately owned vehicle shall remain during these same hours without a written permit. Any vehicle remaining after 11 :00 p.m. without authorization shall be towed at the owner's expense. B. Be under the influence of an alcoholic beverage or controlled substance. C. Bring wine or liquor, as those terms are defined in chapter 5 of the City Code, or bring beer, as that term is defined in said chapter, in kegs, barrels or case lot quantities except where authorized by written permit from the councilor park director. 18-10 http://1ibrary3 .municode.comldefault/Doc View/13 070/1/13 5/14/2008 Chapter 10 PUBLIC PROTECTION, CRIMES AND OFFENSES* Page 24 of 41 D. Use, possess or sell any controlled substance. E. Appear nude, seminude, commit any nuisance or use threatening, abusing, insulting, obscene or indecent language or act in an indecent, lascivious, or improper manner or do any act which constitutes a breach of the public peace. F. Harass any visitor or behave in a reckless manner which would endanger any visitor or visitor's property. G. Swim or wade except in designated areas. H. Park a bike, except at a bicycle rack if provided, and, if not provided, in such a manner as to create a hazard or interfere with other visitors or activities. I. Engage in any form of gambling. J. Strike or otherwise propel a regulation golf ball. K. Disobey any reasonable order or direction of any city employee, law enforcement officer, or other person designated by the councilor park director to give such orders or directions. Subd. 3. Unlawful acts (animals in the park). It is unlawful for any person, in any park or recreation area, to: A. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wildlife, except that fishing is permitted. B. Bring any dog, cat or other creature unless caged or kept on a leash not more than six feet in length. C. Permit a creature to disturb, harass, or interfere with or endanger any visitor or visitor's property, or tether any creature to a tree, plant, building or park equipment. D. Ride, lead or permit a horse, except in designated riding areas. E. Permit a creature to enter unauthorized areas. Unauthorized areas are active play areas, picnic areas and park buildings. F. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the area. Subd. 4. Unlawful acts (weapons and fireworks). It is unlawful for any person, in any park or recreation area, to: A. Possess, carry, fire or discharge any firearm within or into any park or recreation area from beyond its boundaries, except that authorized bows and arrows may be permitted in designated archery areas. B. Discharge any fireworks without a permit from the councilor park director. Subd. 5. Unlawful acts (equipment). It is unlawful for any person, in any park or recreation area, to: A. Operate a motor boat or other self-propelled watercraft. Nonmotorized watercraft are permitted. B. Drive or park any vehicle, except an authorized or emergency vehicle on any turf or other area not designated for parking or travel; wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere in a park or recreation area. C. Operate a motorized recreational vehicle, except on marked trails and at times designated by the council and/or park director. Subd. 6. Rules and regulations. The council, park and recreation board or park director shall http://library3.municode.com/defaultlDoc View/13070/1/13 18-11 5/14/2008 Message Page 1 of2 Cindy Muller From: Joel Jamnik [JJamnik@ck-law.com] Sent: Wednesday, May 14,20081 :52 PM To: Cindy Muller Subject: Other code provisions regarding golfing in parks From Hibbing: No person shall cut, break, move, take or otherwise injure, destroy or deface any trees, shrubs, plants, turf, rock or any building, fence, bridge, sign or other structure; of foul any stream, or dump any earth rubbish or other substance or material in or upon any park without written permission of the Hibbing Parks and Recreation Board. Practicing, playing or using park areas for golf and archery is prohibited, except on facilities expressly designated or provided for such purposes. From Fridley: No person shall play ball, golf, tennis or such other games which cause annoyance or inconvenience to other users of the park upon or within any park except upon ball, tennis or appropriate athletic grounds or golf links established by the Commission for such purpose. And finally, Lakeville, which I prefer for its simplicity and scope: 7-1-4-9: Golf: It shall be unlawful for any person to play golf or hit golf balls in a City park. Joel J. Jamnik Campbell Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Direct Dial: 651- 234-6219 Fax: 651-452-5550 Email: llamnik@ck-Iaw.com CONFIDENTIALITY NOTICE: !~4/~308 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.