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HomeMy WebLinkAbout01.03.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING January 3, 2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. a) Swearing-In Ceremony - Judge Macklin 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Liquor Operations b) Introduce New Employee - Administration Introduced Introduced 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/20/04 Regular) b) Boards and Commissions Attendance - Administration c) Liquor License Name Transfer - Administration d) Approve Confidentiality Agreement with Charter Communications - Administration e) Approve Fund Raising Project for Rambling River Center - Parks and Recreation f) Capital Outlay - Parks g) Appointment Recommendation Police - Human Resources h) Approve LMCIT Excess Liability Coverage - Finance i) Set Team Building/Goal Setting Workshop - Administration j) Approve Bills Approved Information Received Approved Approved Approved Information Received Approved Approved March 11 & 12, 2005 Approved 8. PUBLIC HEARINGS a) Approve On-Sale Wine License - Administration Approved . AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Composition of Boards and Commissions - Administration Information Received b) Annual Organizational Matters - Administration c) Discuss Council By-laws and Policy Revisions - Administration Appointed Information Received 11. UNFINISHED BUSINESS a) Spruce Street Bridge Aesthetic Options - Engineering b) Set Council Workshop Wetland Buffers - Engineering Concept B5 January 19, 2005 12. NEW BUSINESS a) Declare Council Vacancy and How to Fill- Council Apptd Steve Wilson 13. COUNCIL ROUNDTABLE a) Chamber of Commerce Coffee with the Council - Administration Approved 14. ADJOURN 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 January 3, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. aJ Swearing-In Ceremony - Judge Macklin 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Liquor Operations b) Introduce New Employee - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/20/04 Regular) b) Boards and Commissions Attendance - Administration c) Liquor License Name Transfer - Administration d) Approve Confidentiality Agreement with Charter Communications - Administration e) Approve Fund Raising Project for Rambling River Center - Parks and Recreation f) Capital Outlay - Parks g) Appointment Recommendation Police - Human Resources h) Approve LMCIT Excess Liability Coverage - Finance i) Set Team Building/Goal Setting Workshop - Administration j) Approve Bills 8. PUBLIC HEARINGS a) Approve On-Sale Wine License - Administration . AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Composition of Boards and Commissions - Administration Action Taken Pages 1-8 Pages 9-10 Page 11 Pages 12-18 Pages 19-20 Pages 21-22 Page 23 Page 24 Page 25 Page 26 Page 27 Pages 28-29 b) Annual Organizational Matters - Administration c) Discuss Council By-laws and Policy Revisions - Administration Pages 30-51 Pages 52-70 11. UNFINISHED BUSINESS a) Spruce Street Bridge Aesthetic Options - Engineering b) Set Council Workshop Wetland Buffers - Engineering Page 71 Pages 72-73 12. NEW BUSINESS a) Declare Council Vacancy and How to Fill- Council 13. COUNCIL ROUNDTABLE 14. ADJOURN 7a- COUNCIL MINUTES REGULAR December 20, 2004 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Cordes, Fitch, Fogarty, Soderberg Ristow Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Douglas Bonar, David McKnight, Jeff Tilden, David Pritzlaff, Kelly Pietsch, Megan Rice, Jason McCarty, Bill Suner, Chad Hovland, Steve Wilson, John Kapustka 4. APPROVE AGENDA City Administrator Urbia added items 7n) Approve On-Sale Beer License Renewal- Administration and 70) Set Public Hearing - Approve On-Sale Wine License. Items lOa) Approve Agreement with Farmington Youth Hockey Association - Parks and Recreation and lOb) Approve 2005-2009 CIP - Finance were moved to the Consent Agenda. Regarding item 7j) Adopt Resolution - Approve 2005 Tax Levy and Budget, Finance Director Roland amended the memo to read, "There was testimony and the hearing was closed without continuation." MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Councilmembers Service - Administration City Administrator Urbia presented Councilmembers Cordes and Fitch with a plaque recognizing their years of service. Councilmember Cordes served from 1997 - 2004 and Councilmember Fitch from 2003-2004. Councilmembers Soderberg and Fogarty also acknowledged their service. b) Introduce Employee - Police Department Margie Boese was introduced as a full time clerical dispatcher for the Police Department. Council Minutes (Regular) December 20, 2004 Page 2 c) Introduce New Employee - Liquor Operations This item was moved to the January 3,2005 agenda. 6. CITIZEN COMMENTS Mr. Chad Hovland, 4975 203rd Street W, came in response to an article in the newspaper regarding installing a stop sign at the intersection of Eastview and 203rd Street. He spoke with Assistant City Engineer Gross this summer regarding his concerns with the intersection. He was told to call back when the sidewalk was complete and there were more homes along Eastview so they could do a better study in the area. There are three factors to determine if stop signs are needed. The first was the volume of traffic, so a study will need to be done as it is used as a short cut from Akin to Pilot Knob. Pedestrian safety is the second factor. There is a park across the street, Pine Knoll Park, and there is a bike path on the north side, people have to cross the street and continue on the bike path on the south side. The third factor is the sight distance. There is a slight curve, but it is difficult to see someone crossing the intersection. He would like to see a stop sign at the intersection. a) Mr. Jeff Tilden - Engineering City Engineer Mann stated the Traffic Engineer reviewed the intersection. At this time of year, counters cannot be put out due to the possibility of snow plowing. Until a further study can be done in the spring, he used data from a study done in April at Dunbar Avenue. The traffic Engineer also reviewed the sight distance issues, and they do meet the guidelines for a 30 mph roadway. The warrants as far as volumes and delays were not met based on the information. This can be checked again in the spring. The data does suggest there are some cars traveling above the speed limit, therefore staff suggested this area be targeted for speed enforcement. Police Chief Siebenaler stated these are disturbing numbers and he will ask his officers to direct more attention to the area. However, this does not mean a full time presence. For the next several months, the patrol division will be shorthanded. Mr. Jeff Tilden, 5314 203rd Street W, received the City's letter and it was not what he expected. It will be an education for him and for the City. He requested the data that was gathered regarding the speed ofthe vehicles and he asked what the speed was of the fastest car. City Engineer Mann will provide him that information from the study done in ApriL In the spring, staff will review that specific intersection. Mr. Tilden stated he has been doing some research and at the last meeting he challenged the City to go to 25 mph. According to the state statutes he felt the City could do that if they wanted. People do not like speed humps and bumps and Mr. Tilden could understand that. He stated staff is hired and paid and asked if the Council was paid for their services. No, you were brought here by the people. He realized there is a box, but asked staff to get out of the box and make this a safer place. There was another citizen that came from reading an article in the paper. There is a park and a daycare. It is common Council Minutes (Regular) December 20, 2004 Page 3 sense. The people brought the Council here. Staff did not hire the Council, the residents did. The residents want their help. We do not need to wait until spring to put up a stop sign. Councilmember Cordes stated there are warrants that we have to follow. City Engineer Mann stated the state guidelines are out of the Minnesota Uniform Manual on Traffic Control Devices. Mr. Tilden stated if you go to the MnDOT website, it talks about speed and says the City can change a speed limit if they choose to. He did not know what the tolerable amount is over the speed limit. It is common sense. He asked the City to go outside ofthe guidelines and stated he will be here until they get a stop sign. Councilmember Soderberg understood his concern. They have been over this issue a number oftimes. 30 mph is what the state indicates Cities can do. City Attorney J arnnik stated there are limited exceptions for certain zones, but generally the speed for residential areas is 30 mph. Councilmember Soderberg asked if the City was to set the speed at 25 mph what would happen to the tickets. City Attorney J arnnik replied they would be invalid, because the City is not authorized to set the lower limit. We would not be able to write any ticket. Councilmember Soderberg stated there was a resident last time that testified her child was crossing at a stopped intersection and her child was almost hit. It is a speed issue and that is identified in the report. We need to do more to look at the speed. It is taken very seriously. Mr. Tilden asked if a temporary stop sign could be installed. Councilmember Soderberg stated a stop sign could be put up at each comer, but we have to go by the professionals we hire. Mr. Tilden stated he went to school for wildlife management. Biologists have been telling people things are going to happen to the environment and this is an example. Until a lawmaker can see concrete proof that it is documented that it is happening we do not do anything about it. Until something bad happens we are not going to do anything, but common sense tells us we should do something. Mr. Tilden stated Police Chief Siebenaler is already on the record for 25 mph. He can sense he is not happy with the speeds. Mr. Tilden was here as a citizen to do whatever he can to make it better. Police Chief Siebenaler stated for the past three years he has asked the state legislators to change the law to allow for municipalities to go with a 25 mph residential speed limit and it has gotten no where because they have not gotten any support from the people. He invited Mr. Tilden to participate in the process and get laws changed at the state level that would allow the City Council to make speed laws that make sense. In residential areas it does not make sense, when we are looking at narrower streets and more housing, to drive 30 mph. He has long said the most tolerable speeds in residential areas are 25 - 26 mph and that is what reasonable drivers will do. He asked Mr. Tilden when this issue comes up to make his position known to the state legislature and ask them to change the law to allow cities to make the speed at 25 mph. The next piece is enforcement. There isn't a city in the state that has enough police officers to do the kind of speed enforcement wanted. He has also been a proponent of a system called photo cop. It takes a picture of a speeding vehicle or a stop light violator and a ticket is Council Minutes (Regular) December 20, 2004 Page 4 automatically mailed. Unfortunately, the legislature sees that as "big brother" and won't allow that to happen, and it won't until the grass roots people come forward and say this is what we want. We hired you, listen to us. We need this kind of support at the state legislature. They need to hear residents are tired of these kinds of issues. He asked Mr. Tilden to initiate this type of grass roots movement and get some action moving at the legislative level. Mr. Tilden stated he can do that and wanted to meet with Police Chief Siebenaler to see how to get started. This is the best thing he has heard all day. Councilmember Fitch stated he has driven that street a number oftimes since Mr. Tilden appeared. He noted the thoroughfare plan includes a connection to 203rd Street to the east. It makes him wonder when we discuss the curve and the calming effect towards Embers Avenue and apparently there is not much of a calming effect. He suggested for the next Council on the minor collector streets, to look at the setback policy and move the homes back further to allow more sight distance. When you drive the street, it feels like a tunnel. Councilmember Soderberg asked if the radar board has any effect on speeds. Police Chief Siebenaler stated it has a minimal effect. It is an educational tool. It does not record any speeds. In some cases it also acts as an encouragement and some drivers like to see how fast they can register. The radar board is not used in conjunction with the counters. Councilmember Soderberg stated the percentage is significant. He noted some communities have the sign with the electronic speed indicator on the sign post. He did not recall the cost and the impact, but he would like that reviewed. Staff will bring this back to Council along with the former study. 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (12/6/04 Regular) b) Approved School and Conference - Administration c) Approved School and Conference - Administration d) Adopted RESOLUTION R101-04 Accepting Donation - Parks and Recreation e) Approved Collection Agreement with National Recycling Coalition and Nike, Inc. - Solid Waste f) Approved Temporary On-Sale Liquor License - Administration g) Adopted RESOLUTION R102-04 Approving Gambling Event Permit- Administration h) Approved Appointment Recommendation Administration - Human Resources i) Adopted RESOLUTION R103-04 Approving 2005 Non-Bargaining COLA Agreement - Human Resources j) Adopted RESOLUTIONS R104-04 and R105-04 Approving 2005 Tax Levy and Budget - Finance k) Received Information November 2004 Financial Report - Finance I) Adopted RESOLUTION R106-04 Approving Charleswood Northeast Preliminary Plat - Community Development Council Minutes (Regular) December 20, 2004 Page 5 m) Approved Bills n) Approved On-Sale Beer License Renewal - Administration 0) Set January 3,2005 Public Hearing Approve On-Sale Wine License- Administration p) Approved Agreement with Farmington Youth Hockey Association - Parks and Recreation q) Approved 2005-2009 CIP - Finance APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Ordinance - Approving 2005 Fee Schedule - Administration The hearing was held to establish charges and fees for 2005. Staff presented the recommended changes for 2005. Councilmember Fogarty asked about the fees at the Rambling River Center. The program for allowing volunteer hours in place of fee payment has been eliminated. She asked if it would be possible to pre-earn hours. Parks and Recreation Director Distad replied tracking the volunteer hours was a problem. They would not be opposed to considering volunteer hours upfront. There would still be an issue with tracking as far as whether or not they have volunteered enough hours to cover the fee. Staffwill study this and bring it back at a later Council Meeting. Council had a few minor questions with other items on the fee schedule. MOTION by Soderberg, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg adopting ORDINANCE 004-522 approving the 2005 fee schedule. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS c) Spruce Street Bridge Aesthetic Options - Engineering Staffhas received comments from various groups regarding the aesthetics for the Spruce Street bridge. The budget identified for the aesthetics was $132,000. The aesthetics shown on the drawings would be approximately $120,000. Street lighting is not part of the cost. The differences in drawings were a single arch or three arches, stone treatment on the piers, and different colors of stone. Councilmembers Soderberg and Fogarty chose the three arches. Councilmember Fitch suggested asking the new Councilmembers what their choice would be. Councilmember-Elect Pritzlaff stated he had not determined a color, but he liked the three arches. He would like the residents to choose the color. Councilmember-Elect McKnight preferred option B2. Staffwill bring this back to the January 3,2005 meeting. d) Wetland Buffer Issue Update - Engineering Staff met with several agencies regarding this issue. They were very understanding of the issue facing the City and the residents. They came up with Council Minutes (Regular) December 20, 2004 Page 6 some ideas which could warrant some discussion. Therefore, staff would like to bring this to a future Council workshop. e) EQB Powerline Update - Community Development Great River Energy, Dakota Electric and Xcel have a need to construct a powerline that will pass through portions of Farmington and Empire Township. It is going from a future substation that will be built behind Northern Natural Gas and to the east of the industrial park to an existing electrical substation in Empire Township. The original route proposed by the utility companies had the powerline going from the Empire substation east to Akin Road, north on Akin Road to the river, through two parcels of private property owned by Giles Development and the Rother family, to Hwy 3, go south on Hwy 3 and cut across and connect with 21 oth Street in Empire Township. Originally they proposed to cut south of the American Legion and north of the bus garage and go across. Staff recommended they go further south and go along the old railroad right-of- way and then connect with the original route. The utility companies arranged to have an Administrative Law Judge preside at the hearings that were held. He issued an opinion which stated he thought this idea made sense and the City's modification be accepted. He also recommended the route be rejected in favor of a route that would run through downtown Farmington. The route coming from the west to Akin and go south was the same, however he proposed going along the ballfields, south and across the river and cut through the City Center development. It would go to the north ofEcono Foods, south ofPellicci Hardware to the railroad tracks and through the Eagle's Club parking lot and follow the old railroad right-of-way past Kemps and along the northern edge of Dakota Lumber to Hwy 3 where it would pick up the previous route. They are calling this route the adaptation route because it is an adapted version of an alternate route suggested by one of the property owners that would have been affected by the previous route, Mr. Jerry Rother. He was concerned that anticipated development on his parcel would be adversely affected by the powerline. The Administrative Law Judge's route is only a recommendation. The final decision will be made by the EQR There is a meeting on January 20, 2005 where it is possible a final decision on the route will be made. The utility companies will have the authority to condemn whatever right-of-way they need to install the powerline and will possibly do that this spring. Staffis unsure how much notice the property owners received. Staffwill make certain residents along the route within the City will be notified ofthe proposed route. Staffwill compile a mailing list and send this information to the affected residents. Staff will provide written comments to the EQB and appear at the hearing. Staff believes the Judge chose this route because portions of the route follow existing rights-of- way. Staffhas talked about extending 20Sth Street from Hwy 3 to Akin Road. Engineering is working on a feasibility report. Prior to the need to construct the powerline, it would be known where the road will be and the powerline could be placed in the right-of-way for that road. Staff feels the judge did not pay enough attention to that fact. City Administrator Urbia noted the proposed route could affect proposed development in the City Center. The notification in the paper Council Minutes (Regular) December 20, 2004 Page 7 showed one route, now there is an alternate. Hopefully residents will make their concerns known at the EQB hearing. Councilmember Fogarty stated this is nonsense to put this line through the middle of downtown when we have wide open spaces. She would be furious if this went by her business or on top of her home had she had a business established and built a home. Staffwill take it upon themselves to notify affected residents. Staff would like the route GRE indicated initially. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She noted under the Consent Agenda the holiday display that was on Pilot Knob Road was donated to the City. It will be refurbished and displayed. There is a new recycling program. Parks and Recreation Director Distad stated the City will have a partnership with Community Education to collect old tennis shoes. Once 5,000 pairs of shoes are collected, they will be sent to Nike who will grind them up and they will be used for court surfaces. As part ofthe program the City has an opportunity to apply for grants to help acquire those court surfaces. Councilmember Fogarty wished everyone a Merry Christmas. Councilmember Soderberg: There was an article about Dew Days coming to an end. He felt the City needs a celebration. The last issue of the Independent stated the Independent was hosting a meeting to seek volunteers to continue a City celebration. It is scheduled for January 10, 2005 at 7 p.m. at the Eagle's Club. He encouraged residents to attend the meeting. He noted the Chamber is having a meeting to discuss their future. The liquor store is a member ofthe Chamber, therefore the City has a vote. The issue is whether to join with the Northern Dakota County Chambers of Commerce. He asked Council if they wanted to offer a vote or let the rest of the members cast their vote. The meeting will be held December 28,2004. City Attorney Jamnik noted Council cannot take a vote away from the Council table, but individual members can indicate their preference. It was agreed Council should communicate their comments to City Administrator Urbia and he will cast the vote on behalf of the City. Councilmember Soderberg gave an update on the HRA. There has been some progress on the Exchange Bank building with some plans for the fire escape, the grand stairway, and sprinkling the entire building. The HRA is continuing to look at the structure of the board. The HRA looked at architectural elevations for a proposed building next to Pellicci Hardware which may hold the new downtown liquor store and office space. He noted this is a special Christmas for his family. His entire family will be home this year. After the holidays, his oldest son will be serving our country. He wished everyone a Merry Christmas and a Happy New Year. Council Minutes (Regular) December 20, 2004 Page 8 Councilmember Fitch: on the Council. He thanked everyone for the privilege and honor of serving Police Chief Siebenaler: Toys for Town served 74 families with 187 children and local charities. After that the Salvation Army needed some help and they were provided with a truckload of toys. On Saturday there were 50 volunteers wrapping and delivering toys, and preparing food packages. It means as much to the volunteers as to the recipients. He noted the high school presented a truckload oftoys and a check for $7,000 they raised in one week. If our future can be based on anything like our students in town, we are well prepared. He thanked all those who donated and volunteered. Councilmember Soderberg thanked Police Chief Siebenaler for his leadership in this program. Acting Mayor Cordes: She stated there is a special friend who watches every Council Meeting, Trent Weierke, and she wanted to say hi to him. She thanked everyone for the plaque, stating it has been a pleasure and a good experience. She thanked the citizens for giving her the opportunity and the staff. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 8:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ?v?~.d~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7b TO: Mayor, Councilmembers, City Administrator FROM: Li~a Shadick, Administrative Services Director SUBJECT: Annual Report - Boards and Commissions DATE: January 3,2005 INTRODUCTION Section IX of Council By-laws calls for the submittal of a report stating the number of meetings and the attendance records for various Board and Commission members. DISCUSSION The 2004 attendance record for all seats on City Boards and Commissions is as follows: HERITAGE PRESERVATION COMMISSION Beverly Preece Present 6 out of 6 meetings John Fortney Present 3 out of 6 meetings Patrick Garofalo Present 3 out of 6 meetings (Resigned November, 2004) Jonathan Robertson Present 4 out of6 meetings Nathan Estep Present lout of 6 meetings (Resigned October, 2004) Tim Burke Present 5 out of 6 meetings Edgar Samuelson Present 6 out of 6 meetings HOUSING AND REDEVELOPMENT AUTHORITY Kevan Soderberg Present 12 out of 12 meetings Yvonne Flaherty Present 10 out of 12 meetings Todd Arey Present 12 out of 12 meetings Paul Hardt Present 12 out of 12 meetings Tamara Witt Present 3 out of 6 meetings (Resigned June, 2004) Erik Starkman Present 5 out of 5 meetings (Appointed August, 2004) PARKS AND RECREATION ADVISORY COMMISSION Dawn Johnson ' Present 11 out of 12 meetings Randy Oswald Present 12 out of 12 meetings Mike Buringa Present 9 out of 12 meetings Paula Higgins Present 11 out of 12 meetings Debra Ruth Present January meeting only Robin Hansen Present 8 out of 11 meetings PLANNING COMMISSION Chaz Johnson Present 11 out of 13 meetings Dirk Rotty Present 13 out of 13 meetings Ben Barker Present 11 out of 13 meetings Todd Larson Present 12 out of 13 meetings Sherry Richter Present 10 out of 13 meetings WATER BOARD Robert Shirley Jeff Krueger . Tom Jensen Present 8 out of 12 meetings Present 11 out of 12 meetings Present 12 out of 12 meetings RAMBLING RIVER CENTER ADVISORY BOARD Charlie Weber Present 9 out of 11 meetings Edgar Samuelson Present 8 out of 11 meetings Ruth Reisinger Present 10 out of 11 meetings Betty Steege Present 9 out of 11 meetings Sarah Miller Present 7 out of 11 meetings Beverly Preece Present 11 out of 11 meetings Nancy Anderson Present 8 out of 11 meetings ACTION REQUESTED This report requires no action, it is for information only. Respectfully submitted, ;q:~ /l~~ Lisa Shadick Administrative Services Director Cc: Board and Commission members :t City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator flrrrv- FROM: Lisa Sp.adick, Administrative Services Director SUBJECT: Approve "On Sale" Liquor and Sunday Liquor License Transfers DATE: January 3,2005 , INTRODUCTION El Tequila Restaurant is requesting the "On Sale" Liquor and Sunday Liquor licenses name and entity originally filed, be transferred from Christian Garcia Lopez, a sole proprietor, to Christian Garcia Lopez, Inc. DISCUSSION The "On Sale" Liquor and Sunday Liquor licenses were approved by the Farmington City Council after a public hearing was held on November 15, 2004. As of December 3,2004 the entity has changed from a sole proprietorship to a corporation and is therefore requesting the license transfers to reflect this change. El Tequila Restaurant is located at 953 S. 8th Street. The appropriate forms, fees and insurance information have been submitted with the applications. The Police Department has reviewed the ,forms and approved the applications for issuance. BUDGET IMPACT The fees collected are in accordance with the fee schedule. ACTION REQUESTED Approve transfer of the "On Sale" Liquor and Sunday Liquor licenses to El Tequila Restaurant reflecting the change from Christian Garcia Lopez to Christian Garcia Lopez, Inc. Respectfully submitted, ~/l~t?~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?d TO: Mayor, Councilmembers, City AdrrJjlistra~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Approve Confidentiality Agreement - Charter Communications DATE: January 3,2005 INTRODUCTION The Apple Valley, Farmington, Rosemount Cable Commission, (AFRCC), and the City of Lakeville has retained the services of HLB Tautges Redpath, Ltd. to perform a joint audit review of franchise fee payments from Charter Communications for 2001, 2002 and 2003. DISCUSSION Charter Communications currently holds a cable franchise from the City of Farmington. According to the terms and conditions of the franchise, the City has the right to inspect, any records that relate to the franchise or system operations including and specifically Charter's accounting and financial records, subject to privacy provisions ofU.S.C. 521 et seq. In addition, Charter must provide copies of any such records upon request by the City. The AFRCC has retained the services of the consultant, HLB Tautges Redpath, Ltd., to perform the audit on behalf of the City. Charter will be providing certain information that it believes is confidential and proprietary to the City and to the consultant in connection with the Audit. Charter desires to protect the confidential and proprietary nature of such information. Therefore, a confidentiality agreement between all parties would be in order. BUDGET IMPACT The cost associated with this audit is within the AFRCC budget. ACTION REOUESTED Approve the Confidentiality Agreement between HLB Tautges Redpath, Ltd., Charter Communications and the City of Farmington. Respectfully submitted, ~t!~ Lisa Shadick Administrative Services Director CONFIDENTIALITY AGREEMENT TillS CONFIDENTIALITY AGREEMENT (this "Agreement") is entered into as of the _ day of , (the "Effective Date"), by and between the City of Farmington, (the "City") and HLB Tautges Redpath, Ltd., (the "Consultant"), on the one hand, and Marcus Cable Partners, LLC, d/b/a Charter Communications (the "Company" or "Charter"), on the other hand. RECITALS WHEREAS, Charter currently holds a cable franchise from the City of Fannington; and WHEREAS, according the terms and conditions of the franchise, the City has the right to inspect, upon reasonable notice and during normal business hours, any records maintained by grantee which relate to the franchise or system operations including specifically Charter's accounting and financial records, subject to the privacy provisions of 47 U.S.C. 521 et seq. In addition or alternatively, Charter must provide copies of any such records upon request by the City; and WHEREAS, the City desires to perform a franchise fee audit of Charter pursuant to the franchise and applicable law (the "Audit"); and WHEREAS, the City has retained the services of the Consultant to perform the Audit on behalf of the City; and WHEREAS, Charter will be providing certain information that it believes is confidential and proprietary to the City and to the Consultant in connection with the Audit and Charter desires to protect the confidential and proprietary nature of such information. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definition of Confidential Information. For purposes of this Agreement, the "Company's Confidential Information" shall mean any documents provided by Charter pursuant to this Agreement that contain information that Charter claims in good faith to be trade secrets, or highly privileged, proprietary or confidential information, that is not generally available to the public, and which Charter desires to protect against unrestricted disclosure or competitive use (hereinafter, "Company's Confidential Information"), Charter shall mark these documents as "CONFIDENTIAL". Confidential Information shall not include information disclosed to third parties by Charter without restriction including information previously disclosed by Charter to the City or its Representatives and information publicly available by other than unauthorized disclosures. 2. Treatment of Confidential Information. All of the Company's Confidential Information will be kept confidential by the City and the Consultant to the maximum extent permitted by law, and shall not be reproduced, disclosed, distributed or communicated, directly or indirectly, in whole or in part, to any other Person (as defmed below), except that each party may disclose the Confidential Information or portions thereof to those persons or entities who, in its judgment, are reasonably required to review the Confidential Information in connection with the Audit, including, but not limited to (i) the City, Consultant and their respective elected officials, directors, officers, attorneys, employees, representatives, agents, and consultants, who have acknowledged an obligation of confidentiality and executed an agreement to be bound by the terms and conditions of this Agreement (the persons to whom such disclosure is permissible being collectively called "Representatives"). 3. Person. The term "Person" as used in this Agreement will be interpreted broadly to include, without limitation, any corporation, company, partnership, individual or other entity of any kind whatsoever. 4. ReDresentatives Bound. The Consultant agrees that it will inform each of its Representatives who have, or will have, access to any or all of the Confidential Information, of the existence and content of this Agreement and will require all such Representatives to be bound by and observe the confidentiality requirements of this Agreement by such Representative's signature on a document substantially in the form attached as Exhibit A. 5. Lee:allv Required Disclosure. If the City and/or the Consultant, as the case may be, is compelled to disclose any of the Company's Confidential Information pursuant to applicable federal or state laws, rules, regulations, or court orders or subpoenas (each a "Requirement"), the City and/or the Consultant, as the case may be, shall provide the Company with prompt notice of any such Requirement and shall cooperate with the Company, at the Company's sole expense, in seeking to obtain any protective order or other arrangement pursuant to which the confidentiality of the Company's Confidential Information is preserved. If such an order or arrangement is not obtained, the City and/or the Consultant, as the case may be, shall disclose only that portion of the Company's Confidential Information as is required pursuant to such Requirement. Any such required disclosure shall not, in and of itself, change the status of the disclosed information as the Company's Confidential Information under the terms of this Agreement. 6. Permitted Disclosure. Notwithstanding any other provisions herein, Charter understands that the Consultant must report the results of its findings, which may in part be based on review of Confidential Information, to the City. Consequently, the Consultant may make reports to the City that will summarize its review of Confidential Information and which will be presented in aggregate fashion, without disclosing the specifics of such information. 7. No Assie:nment. Neither the City nor the Consultant may assign any of its rights or delegate any of its obligations under this Agreement, except upon the prior written consent of the Company, which may be withheld in the Company's sole and absolute discretion. 8. Non-Waiver. This Agreement in no way waives any right any person or persons may have to contend that any documents or information are or are not discoverable, confidential, proprietary, privileged or in the nature of a trade secret outside of the exchange of information pursuant to this Agreement. No failure or delay by either party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof. 9. Equitable Relief. The City and the Consultant each acknowledge that the Company may be irreparably injured by a breach of this Agreement by the City and/or the Consultant and that the Company, in addition to any other remedies available at law or in equity, 2 shall be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach of the provisions of this Agreement by the City and/or the Consultant. 10. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Should any provision be held to be illegal, invalid or unenforceable as being too broad with respect to the duration, scope or subject matter thereof, such provisions shall be automatically modified to reflect the maximum duration, scope or subject matter allowable by law. 11. Notices. Any notices or other communications contemplated or required under this Agreement, in order to be valid, shall be in writing and shall be given via personal delivery, fax or overnight courier, or via U.S. Certified Mail, Return Receipt Requested, at the following addresses: If to the Company: Charter Communications Attn: Ms. Melissa Newman 3380 Northern Valley Place NE Rochester, MN 55609 With copies to: Charter Communications 7570 208th Street North Forest Lake, MN 55025 Attn.: Mr. Arne "Tucker" Carlson If to the City: City of Farmington 325 Oak Street Farmington, MN 55024-1374 Attn.: Mr. David Urbia, City Administrator If to the Consultant: HLB Tautges Redpath, Ltd. 4810 White Bear Parkway White Bear Lake, MN 55110 Attn.: Mr. Mark Gibbs or at such or at such other addresses as a party may designate by notice to the other parties. Such notices or other communications shall be deemed received when actually delivered (where given via personal delivery, fax or overnight courier) or three (3) business days after mailing (where given via U.S. Certified Mail). 14. Governine Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 15. parties. Amendment. This Agreement may be amended only in writing signed by both 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which, shall for all purposes be deemed an original and all of which, taken together, shall collectively constitute one and the same agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. 3 Marcus Cable Partners, LLC d/b/a Charter Communications By: Name: John Crowley Title: VP/GM Southern MN KMA Date: HLB Tautges Redpath, Ltd. By: Name: Title: Date: City of Farmington, Minnesota By: Name: Title: Date: And: Name: Title: Date: 4 Attachment A CONFIDENTIALITY AGREEMENT In connection with the work that I am performing in connection with the franchise fee audit of Charter Communications for the cities of Apple Valley, Farmington, Rosemount and Lakeville, I am to be given access to certain material of Charter provided under a Confidentiality Agreement. An executed copy of the Confidentiality Agreement has been delivered to me. I have read that Agreement and I agree to comply with and be bound by its terms. Signed: Name: Title: Date: 5 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us k TO: Mayor, Councilmembers and City AdministratW Mis~ie Kohlbeck, Seni,or Center ~oordinator /\ZV Patti Norman, RecreatIOn Supemsor ..;/ FROM: SUBJECT: Dakota Dreamcatcher 4-H Chair Project- Rambling River Center DATE: January 3, 2005 INTRODUCTION The City's 2005 operating budget for the Rambling River Center (the Center) identifies funding for the replacement of 1/3 of the existing chairs at the Center due to their age and condition. Then, over a three-year period (2005-2007),the plan is to replace all of the existing chairs. DISCUSSION After many years of use, the chairs at the Center are beginning to deteriorate. The chairs identified to be purchased in 2005 will be commercial quality and are affordable, comfortable, durable and attractive. The Dakota Dreamcatchers 4-H Club (the Club), a frequent facility user, is looking for a fundraising project to take on in 2005. Wendy Wustenberg, from the Club, presented a proposal to the Rambling River Center Advisory Board (the Advisory Board) at its December 2004 meeting about the Club's interest in raising funds that would allow the City to purchase all of the Rambling River Center's chairs in 2005. As stated in the introduction, purchasing replacement chairs at the Center was going to be budgeted over a three-year period. However, the issue with replacing the chairs over a three-year period would mean that in years one and two, the Center would still have old chairs that would have to be used for events and activities at the Center. As an alternative to a three-year replacement cycle, the Club voted this year to adopt the "chair project" as their community service effort. They recently received approval from the Minnesota's 4-H Federation (the Federation) to proceed with the project contingent upon the City of Farmington also formally supporting the fundraising efforts. With the City of Farmington's support for this fundraising effort, the Club will move forward with the fundraising project. The Club's goal is to raise enough money to purchase all ofthe chairs in 2005 rather than over a three-year period. BUDGET IMPACT The City is not obligated to provide any matching funds for this fundraising project. The Club will raise the money and keep it in the Federation's account, which is set up as a 501(c) (3) non-profit organization. This allows all donations to be taken as a tax deduction if donors choose to do so. Once the fundraising project has ended, the Club will work with City staff on selecting and purchasing the chairs. The payment for the chairs will come directly from the Club's account with the Federation. Then after the chairs are purchased, the City will formally accept the donated chairs. ACTION REQUESTED By motion support and approve the Dakota Dreamcatcher's 4-H Club fundraising project for the Rambling River Center. ~\;:I::~M . ~ Missie Kohlbeck ( ~ Patti Norman Senior Center Coordinator Recreation Supervisor City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7,(' FROM: Mayor, Councilmembers and City Admimstrat~ Randy Distad, Parks and Recreation Director TO: SUBJECT: Equipment Capital Outlay DATE: January 3,2005 INTRODUCTION. The City's approved 2005 Capital Outlay Budget identified funding for a new 8 foot wide tractor mounted sweepster broom. DISCUSSION Staffhas solicited quotes from two vendors for a new 8 foot wide sweepster broom. The broom will be mounted to an existing tractor that the Park Maintenance Division currently owns. Attached is a photo ofthe sweepster broom. The broom will be used to sweep snow off of trails and sidewalks. It will also be used to sweep shavings off of the outdoor ice rinks. During other times of the year it will be used to sweep sand and debris off of trails, sidewalks and other hard surfaces. Northfield Tractor submitted the low quote in the amouilt of$1O,106.85. This is $1,608.15 under the budgeted amount. It will take approximately 3 weeks for the sweepster broom to be delivered to the City. Purchasing it now will mean that it can be used this winter for snow removal. BUDGET IMPACT The 2005 Capital Outlay Budget included funding in the amount of$II,715.00 for an 8 foot wide sweepster broom. The cost is under the budgeted amount. ACTION REQUESTED This item is for informational purposes only. Respectfully Submitted, /f?_ d_ f)Jb/} J:-d~~ad, Parks and Recreation Director cc: Don Hayes [[I ))) Tractor Angle Broom Model CH Direct Hydraulic Drive I Heavy-Duty Dual Motors SWEEPSTER front-mounted sweepers easily attach to all industrial and agricultural tractors for serious sweeping, with low maintenance. Model CH features 5-10 ft brush widths and hydraulic angling. Options . include 25 gallon sprinkler system, dirt deflector, and storage stands. Call 1-800-456-7100 for further information. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~1 TO: M C '1 b C' Ad . . ()Arrrr ayor, OunCI mem ers, lty mlll1strator&' V I FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Police Department DATE: January 3, 2005 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer to fill a new position authorized in the 2005 Budget in the Police Department, has been completed. DISCUSSION The City has completed the recruitment, testing, and interview process for a Police Officer. After a thorough review by the Police Department and the Human Resources Office, an offer of employment has been made to Mr. Jason Fox, subject to ratification by the City Council. Mr. Fox has an Associates Degree in Law Enforcement and is currently a Police Officer for the City of Cannon Falls, MN. His knowledge, skills and qualifications meet the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2005 budget. ACTION REQUESTED Approve the appointment of Mr. Jason Fox in the Police Department, effective January 18,2005. Respectfully Submitted, /l ../) '~/ - ft 1-" "-.",, /' /-,:" . <)l.<J0 '?,-".2lAe!{ ? Lei/-- I Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 7h City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City AdminiStraroP FROM: Rqbin Roland, Finance Director SUBJECT: LMCIT Excess Liability Coverage DATE: January 3,2005 . INTRODUCTION The City has historically purchased excess liability coverage as part of its insurance coverage. Accordingly, the City must decide annually whether or not to waive statutory liability limits to the extent of the excess coverage purchased. DISCUSSION The League of Minnesota Cities Insurance Trust (LMCIT) basic liability coverage provides limits of $1,000,000 per occurrence, but offers cities the option of additiona11iability coverage. As in recent years, the City has chosen under its insurance coverage for 2005 to accept excess liability coverage limits of $2,000,000 from the LMCIT. In accepting this excess liability coverage, the City protects itself from liability claims which are not covered by the statutory limits. The election not to waive the liability limits results in a 25% reduction of the City's premium for this excess coverage. ACTION REQUIRED The City Council should adopt a motion electing NOT TO WAIVE the monetary limits on tort liability established by Minnesota Statutes 466.04. Jf7;J . Robin Roland Finance Director 7/ I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Honorable Mayor and Councilmembers/ FROM: David,Urbia, City Administrator SUBJECT: Council Goal Setting Session DATE: January 3, 2005 INTRODUCTION The Council numerous times has indicated the importance of holding a goal setting session early on after the new council convenes. DISCUSSION After checking with each councilmember and department head, the only dates that will work for all will be March 11-12,2005. In the past, there was discussion of having a Friday evening option to allow more time to complete the agenda items of this session. At the next council meeting, I will provide a proposal for your consideration from Mr. Don Salverda for the goal setting session, which will include costs and an agenda. BUDGET IMPACT To be determined. ACTION REQUESTED So that there is direction to set aside dates in everyone's busy schedules, set the goal setting session for Friday, March 11,2005 from 5:00 p.m. to 9:00 p.m. and Saturday, March 12,2005 from 8:00 a.m. to 4:30 p.m. in the Conti ence Room of the Central Maintenance Facility. David M. Urbia City Administrator ~CJ..J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato FROM: Lisa Shadick, Administrative Services Director SUBJECT: Public Hearing-Wine License and Intoxicating Malt Liquor License DATE: January 3,2005 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to issue an On-Sale Wine License and Intoxicating Malt Liquor license. DISCUSSION The Ugly Mug, Inc. located at 18450 Pilot Knob Road has submitted a renewal application for an On-Sale Wine license and Intoxicating Malt Liquor license. The required attachments, fees and insurance information have been submitted with the application. The Police Department has reviewed the forms and approved the application. BUDGET IMPACT Fees are included in the revenue portion of the 2005 budget. ACTION REQUESTED Approve an On-Sale Wine License and On-Sale Intoxicating Malt Liquor for The Ugly Mug, 18450 Pilot Knob Road. Respectfully submitted, J5~d ~qa:dc Lisa Shadick Administrative Services Director IOQ..... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato FROM: Lisa Shadick, Administrative Services Director SUBJECT: Composition of Boards and Commissions DATE: January 3,2005 INTRODUCTION Council had requested staffto review the composition of the City of Farmington Boards and Commissions. DISCUSSION The following is a list of the current citizen advisory boards and commISSIOns and the composition of them: Planning Commission: a five member board each serving 2 year terms Water Board: a three member board each serving 3 year terms Parks and Recreation Advisory Board: a five member board each serving 3 year terms Housing & Redevelopment Authority: a five member board consisting of four residents each serving 5 year terms and one councilmember serving concurrent with council term Heritage Preservation Commission: a seven member board each serving 3 year terms Rambling River Center Advisory Board: a seven member board each serving 3 year terms Boards and commission interviews are scheduled for Saturday, January 15, 2005. The request for applications was advertised based on vacancies in regard to the current composition of the various boards and commissions. The application deadline was December 30,2004. The HPC and the Rambling River Advisory Board have not received applications to fulfill the vacancies on their respective boards. Historically, it is difficult to maintain seven members on these boards. Therefore, it is recommended that the composition of these two boards be reduced to five members. ACTION REQUESTED Consider recommendation of changing the number of board members on the HPC and the Rambling River Advisory Board and give staff direction concerning other changes Council would like researched regarding boards and commissions. Respectfully submitted, ~.d~6t~ Lisa Shadick Administrative Services Director 106 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Annual Organizational Matters DATE: January 3, 2005 INTRODUCTION State law requires that the City Council address annual organizational matters during its first regular meeting ofthe year to make certain designations and appointments. DISCUSSION The Council has traditionally taken this time to approve the following actions along with other actions affecting either process or procedures. 10b(1). Acting Mayor - Council By-Laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Fogarty, subject to recorded popular votes in the 2002 General Election, is eligible for appointment as Acting Mayor. lOb(2). Official Publication - Per State law, the Farmington Independent is the only publication located within the City's corporate limits and as such qualifies as the City's legal newspaper. IOb(3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2005. IOb(4). Consulting Engineers - The firm of Bonestroo, Rosene, Anderlik & Associates (BRAA) has submitted information regarding services that are available to the City, along with 2005 Rate Schedules for both Private and Public Developments. BRAA has provided the City with exceptional service value, high quality customer service and expertise on a range of City projects. Appointment of BRAA as the City's consulting engineers under the new 2005 Rate Schedules is recommended. IOb(5). Official Depositories - Please refer to the attached memo from the Finance Director that identifies official City depositories for fiscal year 2005. 10b(6). Process Servers - The Farmington Police Department is the designated City Process Servers. IOb(7). City Clerk's Bond - State law requires the City Clerk be bonded. The City is covered by a $1,000,000 Faithful Performance bond, which is more than adequate to meet City needs. lOb(8). Fees and Charges - At the December 20, 2004 meeting, Council adopted Ordinance 004-522 establishing fees and charges for the year 2005. No action is necessary. IOb(9). Boards and Commissions - Interviews will be held on Saturday, January 15, 2005 for the purpose of selecting Commission candidates. 1 Ob(l 0). Housing & Redevelopment Authority - Appoint a Council member to serve on this board in 2005. 1 Ob(11). ALF Ambulance Board Appointment Primary and Alternate - A primary and an alternate Council member will need to be appointed to the ALF Board for 2005. Councilmember Soderberg currently serves as the primary representative and Councilmember Fogarty serves as alternate on this board. 10b(12). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a Council member to serve as representative on this multi-jurisdictional board in 2005. 10b(13). Joint FarmingtonlEmpire Planning Advisory Committee Appointments - Appoint and/or acknowledge a Council member, a staff member and at-large member (Planning Commission representative) to this board. In 2004, Councilmember Fogarty, the Community Development Director, Kevin Carroll and Todd Larson, Planning Commission member served on this committee. IOb(14). MUSA Review Committee Appointments - Appoint two council members to serve on this board in 2005. 10b(15). Farmington/Castle Rock Discussion Group - Appoint a council member to serve as representative for this group in 2005. IOb(16). Vermillion River Joint Powers Organization - Appoint a Council member to serve as representative in this organization in 2005. IOa(17). Responsible Authority for data practices appointment - Appoint City Administrator, David Urbia as responsible authority for data practices. ACTION REQUIRED Approve the above actions as indicated on the attached form. Respectfully submitted, . ~::1- ~4~ Lisa Shadick- Administrative Services Director COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 3, 2005 lOb(1). MOTION by , second by that Councilmember Fogarty be designated as Acting Mayor from January 4,2005 through December 31,2005. Voting for: Against: Abstain: Motion Carried. lOb(2). MOTION by , second by that the Farmington Independent be designated as the official publication from January 4, 2005 through December 31,2005. Voting for: Against: Motion Carried. lOb(3). MOTION by , second by appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 4, 2005 through December 31, 2005. Voting for: Against: Motion Carried. lOb(4). MOTION by , second by appointing the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2005. Voting for: Against: Motion Carried. lOb(5). MOTION by , second by that the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 4, 2005 through December 31, 2005 . Voting for: Against: Motion Carried 10b(6). MOTION by , second by that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2005. Voting for: Against: Motion Carried. lOb(7). MOTION by , second by $1,000,000 Faithful Performance bond for the City Clerk. Voting for: Against: approvmg a Motion Carried. lOb(8). ORDINANCE NO. 004-522 Establishing Fees and Charges for licenses and permits for 2005 was adopted December 20, 2004. lOb(9). Appointments to Boards and Commissions - Candidates will be interviewed January 15, 2005 and appointments will be made at the January 18, 2005 Council Meeting. lOb(lO). MOTION by Councilmember Voting for: Motion Carried. , second by appointing to the Housing and Redevelopment Authority. Against: Abstain: lOb(ll). MOTION by , second by , to appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. Voting for: Against: Abstain: Motion Carried. lOb(12). MOTION by Councilmember Voting for: Motion Carried. , second by to appoint as the City's representative to the CEEF Committee. Against: Abstain: lOb(13). MOTION by designation of Larson, Planning Commission Committee. Voting for: Motion Carried. , second by acknowledging the Councilmember, Kevin Carroll, Staff member and Todd member on the Farmington/Empire Planning Advisory Against: Abstain: lOb(14). MOTION by Councilmembers Voting for: Motion Carried. , second by to appoint to the MUSA Review Committee. Abstain: and Against: lOb(15). MOTION by Councilmember Voting for: Motion Carried. , second by to appoint to the Farmington/Castle Rock Discussion Group. Against: Abstain: lOb(I6). MOTION by Councilmember Organization. Voting for: Against: , second by to the Vermillion Abstain: Motion Carried. to appoint River Joint Powers lOb(17). MOTION by , second by M. Urbia as the Responsible Authority for data practices. Voting for: Against: Abstain: appointing David Motion Carried. lOb&-) Ind~pendent 320 Third Street, P.O. Box 192 Farmington, MN 55024 Tel: 651-460-6606 Fax: 651-463-7730 Email: gm1@farmingtonindependent.com Farmington City Council 325 Oak Street Farmington, MN 55024 Dear council members and staff at the City of Farmington, I am writing to request that the Farmington Independent be considered as the city's official newspaper, Our newspaper has been continually published in Farmington since April 1984, and we are still going strong, I have enclosed more information about our newspaper on the following pages, and I have included rate information for 2005, Thank you for your consideration. Sincerely, ~- Chad Richardson General manager Farmington Independent Ind~pendent To: The City of Farmington From: The Farmington Independent It is hereby affirmed: (a) The Farmington Independent newspaper is printed in the English language, is printed in newspaper format and in column and sheet form equiva- lent in printed space to at least 1,000 square inches. (b) The Farmington Independent is issued weekly, 52 weeks per year. (c) The Farmington Independent newspaper averages 45 percent of its printed space to paid advertising material and public notices, The balance of printed space is given to news of local interest, sports and com- munity events. (d) The Farmington Independent newspaper has a paid circulation of 2,425. (e) The Farmington Independent newspaper is based at 320 Third St. in Farmington, Minnesota. (f) A copy of each issue of the Farmington Independent newspaper is mailed directly to the state historical society. (g) The Farmington Independent newspaper is available to anyone who is a paid subscriber, or is distributed to them free of charge. (h) The Farmington Independent newspaper has complied with all the foregoing conditions for over one year immediately preceding date of notice of publica- tion. (i) The Farmington Independent newspaper publishes second-class statement of ownership and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filed with the Secretary of State before Jan. 1 of each year. Ind~dent 2005 legal printing rates The price per inch for printing legals in the Farmington Independent for 2005 will be $6.77. Legal copy in the Farmington Independent has the following dimensions: Column width in picas II Line length in picas 11 Number of lines per inch 10.5 Length of the lower case alphabet, in points 78 Type size, in points 6 12/29/2004 15:52 FAX 6514525550 CAMPBELL KNUTSON PA 141002 /Ob~) Thomas J. Campbell Roger N, Knut!on Thomas M. Scott Elliott B. Khetsch Jod J. Jamnik Andrea McDowell Poehler Ma.tthew K. Brokl' John F. Kelly Soren M. Mattick Brendan J. Flaherty M~guerite M. McCarron Gin:l M. Brandt . AJ~o LiCClucd I.. Wl,coasia 1380 Corporate Center Curve Suite 317 . Eagan, MN 55121 651-452-5000 Fax 651-452-5550 '.c:k-hw.com CAMPBELL KNUTSON Professional Association filE COpy December 29, 2004 TO: Farmington City Council David M. Urbia, City Administrator Re: ugal Services Contract for 2005 Attached for your consideration is a proposed Legal Services Agreement for 2005, covering representation for both civil and criminal matters. We propose to increase the monthly fee cap by $1,000.00. During the past year we have experienced several months where the monthly fee limitation has corne into effect, and the trend upward in the average monthly prosecution costs that indicate to liS that some adjustment is necessary, particularly in light of the addition of staffing in the police department. In all other respects (other than dates), the contract is the same from last year, Consequently, I have only included a clean copy for your review. If you have any questions, please contact me at 651-234-6219, Very truly yours, CAMPBELL KNUTSON Professional Association Q~'~ JJJ:dmo Enolosure 12/29/2004 15:52 FAX 6514525550 CAMPBELL KNUTSON PA ~003 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2005, is by and between the CITY OF FARMINGTON, a Minnesota mturicipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perfonn general civil municipal and criminal prosecution legal services for tbe Cjty, B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities, 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be tenninated without cause by resolution of the City Cmlncil. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety (90) days written notice before the tennination becomes effective. 1 59775.08 JJJ 12/28104 12/29/2004 15:52 FAX 6514525550 CAMPBELL KNUTSON PA 141004 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City for a total monthly amount which shall not exceed $12,000.00, billed at the following hourly rates: Civil MuniciRaI Partners Associate Attorneys Legal Assistants $130.00 $120.00 $ 85.00 Legal services subject to inclusion in the combined $12,000.00 monthly fee cap are: . Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. . Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. Reviewing all COWlcil and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Depar1ment Heads and other staff on general legal matters. Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. . Consulting on employment related issues. Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. 59775.08 JJJ 12/28/04 2 12/29/2004 15:52 FAX 6514525550 CAMPBELL KNUTSON PA [4)005 . Meetings with the City Administrator and Depar1ment Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and wrresolved matters. . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. . Reviewing bonds, deeds, secunties and insurance requirements required by and for City contracts or activities. Reviewing documents submitted by bond cOWlsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. · Enforcing City ordinances. not including civil litigation or criminal prosecution B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $110.00 $ 95.00 $ 40.00 All prosecution legal services will be included in the combined civiJ/prosecution retainer except the following: . . 59775.08 JJJ 12i2BI04 Crimin.:'ll appeals. Forfeitures of motor vehicles and weapons pursuant to state law. 3 12/29/2004 15:52 FAX 6514525550 CAMPBELL KNUTSON PA 14I006 · Prosecution of ordinance violations initiated by any City department other than the police depar1ment. These non-retainer legal services would be billed at the civil municipal hourly rate. C. Non-Retainer Matters: Non-retainer civil matters would include active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate sales or acquisition, litigation and appellate matters, and all services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. D. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $275.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. E. Costs: Out-of-pocket costs without mark-up. Costs include: Westlaw and other computer-based research '. Recording fees Postage of 50~ or more Photocopies at 20~ per copy Long distance telephone calls · Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) F. Payments for legal services provided the City shall be made in the m1ll111er provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 59775.08 JJJ 12/28/04 4 12/29/2004 15:53 FAX 6514525550 CAMPBELL KNUTSON PA !4]007 4. INSURANCE. The Attomey will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5977508 JJJ 12/28104 5 12/29/2004 15:53 FAX 6514525550 CAMPBELL KN1ITSON PA l4J 008 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of tile State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Fannington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest, Attomey shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. If the City incurs outside legal fees due to Attorney's withdrawal from representation of the City, for matters that would have been included in the civil retainer, Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel actually incurred by the City. If the City incurs similar outside legal fees for matters that would have been outside 6 59775.08 JJJ 12/28/04 12/29/2004 15:53 FAX 6514525550 CAMPBELL KNUTSON PA 141009 the civil retainer, Attorney and City shall each pay one-half of the outside Council's hourly rate to the extent it exceeds $100.00. Attorney's payments shall not exceed $3,000.00 per calendar year. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Fanrungton City Council. Dated: ,2005. CITY OF FARMINGTON BY; Kevan A. Soderberg, Mayor BY: David M. Urbia City Administrator Dated: ,2005. CAMPBELL KNUrSON Professional Association BY: Joel J. Jamnik Vice President BY: Elliott B. Knetsch Vice President 59775.08 JJJ 12/2BilJ4 7 ~ f1 ~ Bonestroo 1:1 Rosene '"'" Anderlil< & 1 \J 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 /Oh{t/) www.bonestroo.com December 20, 2004 David M. Urbia City Administrator City of Farmington 325 Oak Street Farmington, MN 55024-1374 RE: 2005 Rate Schedule Dear Mr. Urbia: We appreciate the trust you have shown in our firm as we've helped you plan and implement your municipal projects in 2004. To help you prepare for projects next year, we are enclosing our 2005 hourly rate schedules for municipal and private developer services. Please note that the municipal rate schedule lists a range of billing rates for each category, as rates vary for individuals based on experience and area of discipline. On a separate page we list the specific rates for individuals that provide most of the services to Farmington. Our 2005 rates reflect our commitment to remain cost competitive while offering the breadth of services with the depth of experience you expect from your consulting engineer. While we understand the limited financial resources of our clients, we are operating in an economy where it is becoming increasingly costly to hire and retain talented engineers and specialists. This is driven by a declining number of students entering engineering and other technical fields as well as record numbers of engineers and specialists nationwide who are entering or becoming eligible for retirement. The increased costs of health, professional liability insurance and software licensing, combined with the increased costs of hiring talented staff, cause us to adjust our overall rates by an average increase of approximately 4%. As previously discussed during the City's 2005 budget process, the General Engineering services retainer would increase in the amount of 3%. We continue to strive to provide you with the best service as cost effectively as possible. If you have any questions about our services or our rates, please feel free to contact either of us at the numbers listed below. We look forward to continuing our service to you in 2005. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~n ,.'j.....~t,t7~. .', .fA . ' ..../ / Jerry Bourdon, P.E President (651) 604-4830 ~m~ Lee M. Mann Client Service Manager 651-463-1601 Enclosures . St. Paul, St. Cloud, Rochester, Willmar, MN . Milwaukee, WI . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned 2005 CITY RATE SCHEDULE 2 person Survey Crew 2004 ChI!:. 2005 $ 107.00 - $117.00 4.7% - 4.3% $ 112.00 - $ 122.00 $ 103.00 - $ 114.00 3.9% - 4.4% $ 107.00 - $119.00 $ 92.00 - $ 150.00 4.3% - 4.0% $ 96.00 - $ 156.00 $ 98.00 - $ 109.00 4.1% - 3.7% $ 102.00 - $ 113.00 $ 92.00 - $ 109.00 4.3% - 3.7% $ 96.00 - $ 113.00 $ 86.00 - $ 98.00 3.5% - 4.1 % $ 89.00 - $ 102,00 $ 70.00 - $ 98.00 2.9% - 4.1% $ 72.00 - $ 102.00 $ 70.00 - $ 98.00 2.9% - 4.1% $ 72.00 - $ 102.00 $ 72.00 - $ 87.00 2.8% - 3.4% $ 74.00 - $ 90.00 $ 56.00 - $ 75.00 3.6% - 4.0% $ 58.00 - $ 78.00 $ 39,00 - $ 45.00 2,6% - 4.4% $ 40.00 - $ 47.00 $ 69.00 - $ 92.00 2.9% - 4.3% $ 71.00 - $ 96.00 $ 57.00 - $ 85.00 3.5% - 4.7% $ 59.00 - $ 89.00 $ 57.00 - $ 77.00 3.5% - 5.2% $ 59.00 - $ 81.00 $ 39.00 - $ 56.00 5.1% - 5.4% $ 41.00 - $ 59.00 $ 150.00 $ 195.00 $ 110.00 $ 145.00 Classification Senior Principal Principal Specialist* Project Manager Senior Engineer Architect I Landscape Architect Engineer Environmental Scientist Designer I GIS I Landscape Designer Draftsperson Project Technician Field Supervisor Crew Chief Inspector Survey Technician 3 person Survey Crew GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Attendance at Regular Council Meeting $ 35.00 $ 25.00 $ 20.00 $ 75.00 $ 50.00 * Specialist: Experts in highly technical disciplines. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. City of Farmington 2005 STANDARD RATE SCHEDULE Classification 2005 Senior Principal $ 125.00 - $ 175.00 Principal $ 119,00 - $ 155.00 Project Manager $ 113,00 - $ 145.00 Senior Engineer $ 98.00 - $ 130.00 Architect I Landscape Architect $ 98.00 - $ 130.00 Engineer $ 82.00 - $ 120.00 Environmental Scientist $ 82.00 - $ 105.00 Designer I GIS I Landscape Designer $ 78,00 - $ 100.00 Draftsperson $ 68.00 - $ 86.00 Project Technician $ 45.00 - $ 67.00 Field Supervisor $ 80.00 - $ 120.00 Survey Crew Chief I Land Surveyor $ 70.00 - $ 100.00 Inspector $ 66.00 - $ 92.00 Survey Technician $ 48.00 - $ 67.00 3 Person Survey Crew $ 155.00 $ 195.00 2 Person Survey Crew $ 110.00 - $ 145.00 GPS Survey Equipment $ 35.00 Total Station Equipment $ 25.00 GIS Workstation Equipment $ 20.00 GPS Submeter Unit (per half day) $ 75.00 These rates are used for review of private developers' plans and for inspection of construction projects designed by others. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. 2005 INDIVIDUAL RATES Individual Classification 2004 2004 Sheldon J. Johnson Principal $114.00 3.51% $118.00 Lee M. Mann Project Manager $104.00 2.88% $107.00 David R. Sanocki Engineer $92.00 2.17% $94.00 John R. Smyth Environmental Scientist $92.00 2.17% $94.00 Erik G. Peters Engineer $86,00 3.49% $89.00 Bryant J. Ficek Engineer $86.00 3.49% $89.00 Michael K. Oskey Field Supervisor $77.00 0.00% $77.00 City of Farmington /0 !J{s) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Official Depositories of City Funds DATE: January 3,2005 INTRODUCTION Each year, official depositories of funds must be designated by the City Council. DISCUSSION Minnesota Statutes Section 118 sets forth the procedures for the deposit of public funds and requires the vendors be designated as depository of funds. The City of Farmington has money which is available for investment. Different financial institutions offer different rates of return on investment. Investment interest income should be maximized while conserving capital and protecting taxpayer funds. In order to optimize the rate of return on the City's funds under section 118, the following vendors are recommended as depositories for fiscal year 2005: Anchor Bank of Farmington League of Minnesota Cities 4M Fund RBC Dain Rauscher Wells Fargo Investments Salomon Smith Barney The City has made these depositories aware of the allowable investments under Section 118 in which the City will invest. BUDGET IMPACT Revenues from investment interest are budgeted in 2005. ACTION REQUIRED Designate the above as City depositories for 2005. ;r2p Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /06 TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Council By-laws and Policies DATE: January 3,2005 DISCUSSION Mayor-Elect Soderberg and I have reviewed the existing council bylaws and policies and have . attached some proposed changes. These proposed changes make updates to reflect actual practice and also are some minor housekeeping items. A majority of the council would need to make a motion to place onto the January 18th agenda your intent to amend the bylaws. I believe you should do the same for the policies. Here is some additional background information on these attachments: Council Policies: #1 - Council-Resident Complaint Resolution Process (adopted 10/6/97) #2 - Council-Staff Communication Protocol (adopted 10/6/97) #3 - Council Expectations of Staff Work Assignments (adopted 10/6/97) #4 - Council-Management Team StateJUent of Commitment to Productive Working Relationship (adopted 10/6/97) #5 - City Commission Appointment Process (adopted 10/6/97) #6 - Council MeetinglPublic Hearing Citizen Participation Protocol (effective 1/98, proposed amendment 1/18/05) . #7 - Council Workshop Protocols and Purpose (adopted 10/6/97, if workshop date is adjusted, the policy should be amended 1/18/05) Bylaws: Bylaws, Section I, Subd. 5 - Open Meeting Law summary - the City Attorney could provide this briefing at the first meeting in January or another time or other suitable format. RECOMMENDATION By motion, indicate your intent to amend the bylaws and policies at the January 18,2005 council meeting. R?~ctfullY submitted, __ "......hv-?&?Jr7. Cd/~ c......; David M. Urbia City Administrator COUNCIL POLICY - 01 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members, the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint, she or he is encouraged to contact the City Administrator, or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. Adopted 10/6/97 COUNCIL POLICY - 02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. Adopted 10/6/97 COUNCIL POLICY - 03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale, process, and procedures issues and associated background information, but should allow staff to exercise their professional judgment with confidence. Adopted 10/6/97 COUNCIL POLICY - 04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible, considered, and objective manner. Adopted 10/6/97 COUNCIL POLICY - 05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY - 06 Council MeetinglPublic Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. . Welcome and encourage citizen comments on matters of interest or concern · Preserve and promote the accurate exchange of information · Preserve the equal rights of citizens to communicate their views · Provide for an orderly, courteous, and efficient meeting . Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during 'Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to the Maysr, Council, ailS/Sf staff as aIJIJrsIJriate. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1/05 COUNCIL POLICY - 07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council. Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local, state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. · Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. · Any Council member may request that a workshop be held to discuss a matter, however, items will only be scheduled for a work session by a majority of the Council. · The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions. · Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. · Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. · Workshop meeting dates, when requested and approved by Council, shall be regularly scheduled for the third Wednesday of each month, except in such cases where a majority of Council determines that a workshop date should be scheduled at some other time. WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council, members shall have the opportunity to freely express their thoughts, ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. While individual and group positions may be formed as part of this process, no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. This policy may be amended by a majority vote of Council as deemed necessary and appropriate. Adopted 10/6/97 COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 ofthe Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I - MEETINGS SUBD.l - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2 - Special meetings of the Council may be called by the Mayor or by any two members of the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify each member of the time, place and purpose of the meeting by causing written notice thereof to be delivered to him/her personally if he/she can be found, or ifhe/she cannot be found, by leaving a copy at the home of the member with some person of suitable responsibility. At least 3 days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Council members shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD.3 - At the first regular Council meeting in January of each year, the Council shall: (1) designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties ofthe Mayor during the disability or absence of the Mayor from the City, or in case of a vacancy in the office of Mayor, until a successor has been appointed and ~ualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year - Member serving 3 year of term who received the most votes when elected; Even Numbered Year - Member serving 4th year of term who received the 2nd most votes when elected. SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for discussion. 1 SUBD. 6 - Council shall adopt such policies that will ensure an orderly, mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such Council member in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II - PRESIDING OFFICER; RULES OF ORDER SUBD.l - The Mayor shall preside at all meetings ofthe Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one oftheir members to act temporarily as presiding officer. SUBD. 2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion, once debated, cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine himlherselfto the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects himlher personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 SECTION III - AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the S€HHHUi Friday Wednesday preceding the meeting for publication purposes. Itsms may h s addsd t€~ ths agenda fer CeMneil a@tisn lmtil nssn sf ths Msnday pfsssding tft@ m@@ting. Items added after this time must be listed as supplemental and presented to council under the "Approve Agenda" section of the meeting. SUBD. 2 - The Clerk shall poolisft submit a copy ofthe agenda in th@ iS8M@ sf to the official newspaper and other appropriate media outlets for publication immediately preceding the Council meeting. SUBD. 3 - The agenda packet shall be distributed to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUBD. 4 - Any council member can place an item on the agenda by so instructing the Clerk. SUBD. 5 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 6 - The agenda shall be subject to approval by a majority vote ofthe members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 7 - A consent agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Council members. SECTION IV - ORDER OF BUSINESS SUBD.l - Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications 3 (11) Unfinished Business (12) New Business (13) Council Roundtable (14) Adjourn SUBD. 2 - The order of business may be varied by the presiding officer, with the scheduled time of a public hearing publicly specified as concurrent with that of the time ofthe Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of Council business. SUBD. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V - MINUTES SUBD. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and copies thereof shall be delivered to each Council member as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval of the minutes shall be considered by the Council. The minutes are placed under the consent agenda. The minutes need not be read aloud, but thel3resiaiRg @f:tiIH~r shall €Iall f€lr a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. If th€lF€I is R@ @bj€l€lti@R t@ a l3F@l3@sea aaaiti@R @r €I@Yf€l€lti€lR, it may Be maae ';,'ith@Mt a ','@t€l @fth€l C€lMR€lil. If th€lF€I is an @Bj€l€lti€lR, th€l C@lm€lil shall y@t€l ~@R th€l aaaiti@R @r €I@Yf€l€lti€lR. If there are R@ aaaiti€lRs @r €l€lff€l€lti€lRS, the miRMt€l8 shall stan a al3l3F€l','€la. SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's Office in a secure location for a period of 18 months from the date of recording. The door to the recording equipment shall be kept locked except during Council meetings. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD. 4 - The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer, time and place of meeting. 2. Members Present and Absent, time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 4 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. SECTION VI - QUORUM AND VOTING SUBD. 1 - At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business. SUBD. 2 - The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated "Abstain: Name." SUBD. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD.l - If requested by any member of the Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution book. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII - ADMINISTRATOR REVIEW SUBD.l - The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. 5 B. Council members shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C, The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. D. The City Attorney shall tabulate the results ofthe evaluation without any reference to individual Council members. E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 - There shall be submitted to the Council at the sS@€llui first meeting of January of each year, a performance report of various Boards, Commissions and Councils. SUBD. 2 - Reports shall be submitted to the Council on the following citizen involvement Boards and Commissions: Water Board, Planning Commission, Zoning Board of Adjustment (which is the Planning Commission), Parks and Recreation Advisory Commission, Hwnoo Rights C€lmmissi€ll1, C^~T'.' j"w:is€lry C€HRmissi€ll1, Rsferestati€ll1 j,,€l':is€lry C€lmmissi€ll1 Rambling River Center Advisory Board. Heritage Preservation Commission and Housing and Redevelopment Authority. Reports shall also be submitted to the Council on the following multi-iurisdictiona1 boards: Apple Valley Lakeville Farmingtion (ALF) Ambulance Services Joint Powers Agreement. Vermillion River Joint Powers Organization Board. Metropolitan Urban Service Area (MUS A) Committee. Empire Farmington Planning Advisory Committee (EFP ACt Castle Rock Farmington Discussion Group and Caste Rock. Empire. Eureka. Farmington Enhancement Group (CEEF). SUBD. 3 - Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 - It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council, Board or Commission. SECTION X - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD.l - Definitions For the purpose of this section, the following terms shall have these meanings given them. Authorized Person: The Mayor or any Council member. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include, but not be limited to, the following: Council meetings outside of the City limits, League of Minnesota Cities functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUBD. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for 6 attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on the behalf of the City, except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). SUBD. 3 - Procedure: A. A request to attend an official function, or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met, or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the City for any unused portion. S:uBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI - SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 - These by-laws may be temporarily suspended by a unanimous vote ofthe members present. SUBD. 2 - These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XII - EFFECTIVE DATE SUBD. 1 - These by-laws have been adopted by the Council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Amended: 8/03/87, 1/21/92,4/20/92,8/17/92,2/01/93, 7/18/94, 9/06/94, 1/17/95, 1/16/96,3/03/97, 11/03/97, 1/05/98,2/1/99, 1/18/05 7 11a.- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator Pv--- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Spruce Street Bridge Aesthetic Options DATE: January 3,2005 INTRODUCTION/DISCUSSION Input has been received from individuals at the project neighborhood meeting, the planning commission, the Chamber of Commerce and city staff regarding several aesthetic treatment options for the Spruce Street Bridge. llxl7 copies of the currently identified options have been previously distributed. Larger scale renderings will be on display before the Council meeting. At the December 20, 2004 City Council meeting, it was indicated that the design which incorporates the "three arch" treatment is preferred. The other details were forwarded for discussion at this meeting. BUDGET IMPACT The budget identified in the feasibility report for aesthetic treatment to the bridge is $132,000. The estimated cost for the aesthetics as shown on the exhibits is approximately $120,000. ACTION REQUESTED Consider the options for aesthetic treatments for the Spruce Street Bridge and provide direction to staff regarding the final design. There will be an opportunity for final review of the design before the project is bid. Respectfully Submitted, ~Yli~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file //6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ V---- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Wetland Buffer Issue - Schedule Workshop Date DATE: January 3,2005 INTRODUCTION At the October 18th City Council meeting, Mr. Michael Pierce, 5137 203rd Street West (Middle Creek 5th Addition), requested that the City Council vacate the drainage and utility easement (which contains a wetland buffer) behind his home. He has indicated that he was not aware of the buffer when he bought his property and he has less usable space than he thought he had. DISCUSSION Pursuant to the November 15th City Council meeting, staff has met with the Department of Natural Resources, the Soil and Water Conservation District and the Minnesota Pollution Control Agency to discuss the wetland buffer issue and whether or not there is a way to address any of the property owner's issues and still provide adequate protection to the wetlands. There were several ideas that came out of that meeting that required staff to perform some analysis on a lot by lot basis to quantify the effect of those ideas. Staff has completed the analysis and at this time would recommend that the Council schedule a discussion of this issue at a future workshop. Potential options to addressing the issues involve some procedural complexities that most likely will warrant discussion at some length. BUDGET IMPACT None at this time. ACTION REQUESTED Schedule a Council Workshop to discuss the aforementioned wetland buffer issues. Respectfully Submitted, ~YVl~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Mr. Michael Pierce Mr. Derek Christiansen City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: January 3, 2005 It is requested the January 3,2005 agenda be amended as follows: ROUNDTABLE Add 13a) Chamber of Commerce Coffee with the Council- Administration Provide direction if Council wishes to continue to participate in this program and if the time and dates are acceptable. / 3cz.. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Chamber of Commerce - Coffee with the Council DATE: January 3,2005 . DISCUSSION The Farmington Area Chamber of Commerce Board of Directors has indicated its interest in continuing the Coffee with the Council sessions. In the past, these have been held on the third Thursday of each month at 7:30 a,m, at the Eagles Club. I need direction from the council if it wishes to continue to participate in this program, if this time and date works, and if this proposed rotation schedule works. January 20, 2005 February 17, 2005 March 17, 2005 April 21 , 2005 May 19, 2005 June 16, 2005 July 21, 2005 August 18,2005 September 15, 2005 October 20,2005 November 17, 2005 December 15, 2005 RECOMMENDATION Kevan Soderberg, David McKnight Christy Fogerty, David Pritzlaff New Member, Kevan Soderberg, David McKnight, Christy Fogerty David Pritzlaff, New Member Kevan Soderberg, David McKnight Christy Fogerty, David Pritzlaff New Member, Kevan Soderberg, David McKnight, Christy Fogerty David Pritzlaff, New Member Kevan Soderberg, David McKnight Christy Fogerty, David Pritzlaff Provide direction to staff so e can confirm a schedule with the chamber. 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.