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HomeMy WebLinkAbout01.05.09 Council Packet City of Fannington 430 Third Street l<'annington, 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 5, 2009 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken Meeting will be opened by City Administrator Herlo/sky. - Swearing-in Ceremony - City Administrator Herlo/sky 1. CALL TO ORDER 7:05 P.M. - Mayor Larson 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA . ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/15/08 Pre-Meeting & Regular) b) Boards and Commissions Attendance - Administration c) Adopt Resolution - Gambling Event Permit - Administration d) Appointment Recommendation Fire Department - Human Resources e) Lease Agreement for Ambulance Station with Allina Medical Transportation - Human Resources t) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) Approve Change Order 195th Street Extension Project - Engineering Page 7 Page 8 1. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Set Date Council Pictures - Administration b) Fire Department Annual Meeting - Administration Page 9 Page 10 14. ADJOURN City of Farmington 430 Third 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 prom is ingfuture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 5, 2009 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken Meeting will be opened by City Administrator Herlofsky. - Swearing-in Ceremony - City Administrator Herlofsky 1. CALL TO ORDER 7:05 P.M. - Mayor Larson 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGEND 7. CONSENT AGEND a) Approve Counci Minutes (12/15/08 Pre-Meeting & Regular) b) Boards and Com issions Attendance - Administration c) Adopt Resolutio - Gambling Event Permit - Administration d) Appointment Re ommendation Fire Department - Human Resources e) Lease Agreemen for Ambulance Station with AUina Medical Transportation - Human Resour es f) Approve Bills 5. ANNOUNCEMENT. /COMMENDATIONS 6. CITIZEN COMME TS / RESPONSES TO COMMENTS (Open for Audience Comments) Approved Information Received Rl-09 Approved Approved Approved 8. PUBLIC HEARING 9. AWARD OFCONThACT 10. PETITIONS, REQlfESTS AND COMMUNICATIONS a) Annual Organiza~onal Matters - Administration b) Approve Change Order 195th Street Extension Project - Engineering R2~09 Approved 11. UNFINISHED BUSINESS ! 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Set Date Council Pictures - Administration b) Fire Department Annual Meeting - Administration Continued Information Received 14. ADJOURN 7CL COUNCIL MINUTES PRE-MEETING DECEMBER 15, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROYEA GENDA MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Council asked about the fiber line contract with ISD 192. The City and school will each pay their portion. This contract allows for swapping fiber lines if the line is cut. This pertains to the fiber line to Akin Elementary School. The agreement also allows for expansion to other areas. Council asked about the amendment to the solid waste ordinance regarding changing to one-sort system recycling and why it was not included in the contract approved earlier in the year. Staff explained the one-sort system will start January 1,2009, and cans will be delivered next week. Residents can set out the old bins or keep them. 5. STAFF COMMENTS City Administrator Herlofsky pulled the City Hall Change Orders. This will be brought back at the January 20,2009 meeting. Mayor Soderberg proposed moving the Third Amendment to Development Contract - Vermillion River Crossing to consent as this was changing a date already agreed to at a previous meeting. Councilmember Wilson noted the name in the signature line needed to match what was in the contract. 1-1 Council Minutes (Pre-Meeting) December 15, 2008 Page 2 Councilmember Pritzlaff was uncomfortable with having the new Council working with change orders for the City Hall project as many of the items pertained to previous engineering issues. City Administrator Herlofsky stated it is an $8 million project and the change orders amount to $53,600. He pulled this item off because he wanted to check on a couple numbers. Councilmember Pritzlaff noted the City is not responsible for structural changes and staff needed to find out who is accountable for some of the change orders. Councilmember Pritzlaff noted he was late to the last workshop because he was at a City event from 3 - 5 p.m. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, ?~~)r7~~ Cynthia Muller Executive Assistant 1-2 COUNCIL MINUTES REGULAR DECEMBER 15, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Abel Miranda, Kara Hildreth 4. APPROYEA GENDA Councilmember Pritzlaff pulled item 7l) Approve Agreement Security Cameras City Hall and Police Station for discussion. City Administrator Herlofsky pulled item lOa) City Hall Change Orders to bring it back to the January 20, 2009 meeting. Mayor Soderberg moved item 11 a) Approve Third Amendment to Development Contract - Vermillion River Crossing to the Consent Agenda. He added item 5c) Toys for Town. MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Council Service City Administrator Herlofsky thanked Council for hiring him 960 days ago. He noted this Council found a way to arrive at the same destination by taking different paths. Serving on a City Council is democracy at a basic level and this Council has done an excellent job of serving the residents. He presented plaques to Mayor Soderberg, Councilmembers McKnight and Pritzlaff. Councilmember Pritzlaff thanked those who supported him in 2004 and in the 2008 election. He has attended many events and meetings in service to the City. b) Yellow Ribbon City Proclamation Mayor Soderberg read a proclamation from Governor Pawlenty noting Farmington has been recognized as the first Yellow Ribbon City in the state. Other states are looking at Minnesota and Farmington as an example. The future Council should continue to support Yellow Ribbon and Warrior to Citizen 1-3 Council Minutes (Regular) December 15,2008 Page 2 programs. Councilmember Pritzlaff thanked Annette Kuyper for her hard work on these programs. c) Toys for Town Farmington High School students raised $10,000 for Toys for Town, a program that takes care of Farmington residents during the holidays. Wrapping of gifts will be Saturday at 8 a.m. 6. CITIZEN COMMENTS Mr. Russell Zelmer, Castle Rock Township, thanked the Council and employees for their work with the Castle Rock Discussion Group. a) Response to Mr. Charlie Weber A response was sent to Mr. Weber regarding his questions on the Rambling River Center and the elimination of the Recreation Supervisor position. 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (12/1/08 Pre-Meeting & Regular) b) Received Information School and Conference - Police c) Approved Metro Watershed Partners Funding - Natural Resources d) Approved School and Conference - Natural Resources/Solid Waste e) Approved Temporary Liquor License - Administration f) Adopted RESOLUTION R77-08 Approving Gambling Event Permit- Administration g) Adopted ORDINANCE 008-595 Amending Solid Waste Ordinance - Municipal Services h) Received Information November 2008 Financial Report - Finance i) Set January 14,2009, for Boards and Commissions Interviews - Administration j) Adopted RESOLUTION R78-08 Approving Heritage Preservation Commission Consultant Contract - Administration k) Adopted RESOLUTION R79-08 Approving Police Sergeant's Agreement- Human Resources m) Adopted ORDINANCE 008-596 Amending City Code Defining Modular Homes - Planning n) Adopted ORDINANCE 008-597 Amending City Code to Conditionally Allow Multiple-Family Dwellings - Planning 0) Accepted Resignation Planning Commission - Administration p) Approved Fiber Line Contract with ISD 192 - Human Resources q) Approved Bills r) Approved Third Amendment to Development Contract - Vermillion River Crossing - Engineering APIF, MOTION CARRIED. 1-4 Council Minutes (Regular) December 15,2008 Page 3 I) Approve Agreement Security Cameras City Hall and Police Station - Police Councilmember Pritzlaff noted funds are being used from the new City Hall project for security cameras for the City Hall, liquor stores, Maintenance Facility, and Police Station. He asked how money can be used from the new City Hall project for other buildings but the money cannot be used to renovate the old City Hall for the Rambling River Center. Finance Director Roland stated money is not being used from City Hall funds to pay for cameras for other buildings. When the Police Station and Maintenance Facility were constructed, a Municipal Projects fund was opened. There are two separate accounts; a municipal building fund for the Police and Maintenance Facility and a second account for the City Hall. Money from the sewer, water, storm water and refuse contribute. The liquor store pays for the cameras itself. Money cannot be used for the Rambling River Center because the use of the money for the new City Hall is specific to the CIP bonds which does not include other buildings. 8. PUBLIC HEARINGS a) Adopt Ordinance - 2009 Fee Schedule - Administration Council asked questions about various fees. Regarding dog licenses, the fee goes up after March 1 to encourage residents to license their dogs early in the year. The surface water management fee was changed from square feet to acres to be consistent with other fees that are by the acre. Councilmember Pritzlaff noted the surface water management fee for low density residential is a 65% increase. City Engineer Schorzman explained every ten years the City goes through a planning process with the four plans and calculates what the future needs will be based on current dollars. The estimate is based on construction costs. Councilmember Pritzlaffnoticed the residential high density is a $7,000 increase and commercial is also up. The water treatment plat fee is up $300. City Engineer Schorzrnan explained the same methodology was used. There is a dramatic increase in what the Water Treatment Plant will cost. This increase is half what it will cost. Councilmember Pritzlaff stated he will vote no on the fees. They are way too high and not competitive with other cities. Councilmember Wilson identified the same concerns. If we are not competitive with our neighbors, we need to balance our needs with other cities. He suggested these fees be considered in January. Councilmember Fogarty suggested pulling this portion out of the fee schedule and asked staff to create a spreadsheet to compare other cities and what their fees include. As far as the Ice Arena fees, she suggested we use the PRAC recommendation. Councilmember Wilson wanted to approve all the fees in January, however staff noted certain fees need to be approved by January 1, especially the Met Council fees. 1-5 Council Minutes (Regular) December 15,2008 Page 4 MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 008-598 establishing 2009 fees and charges effective January 1, 2009, except the Permit section for Subdivisions/Developments including the surface water management fees, park development fee, and the water treatment plant fee. These should be brought back to the January 20,2009, meeting. The Ice Arena fee should be the PRAC recommendation. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS c) 1-6 b) Approve Roundabout Change Orders and Final Pay Estimate - Engineering City Engineer Schorzrnan explained change orders 1-5 for the TH3 and 195th Street roundabout. Change order 1 includes payment for the excavation of muck soils that were encountered on the west leg of the roundabout and also payment for material that was hauled in to replace the unsuitable materials. Change order 2 provides payment for changes to the traffic control to add more barricades and signs to provide additional guidance for the public. Also signs were needed to provide guidance to Southern Hills Golf Course and the entrance location for the golf course was moved from TH3 to the east leg of the roundabout. Change order 3 includes removing and relocating driveway culverts, change in the type of heads on the lights in the roundabout, working and compacting a section of subgrade, payment for delays and extra work due to utility conflicts, changes to the irrigation system, and hiring a different contractor to finish the striping. Change order 4 is payment for work and materials to relocate the existing entrance to Southern Hills Golf Course from TH3 to the end of the east leg of the roundabout. Change order 5 is a price reduction based on tests that did not meet the specifications for 100% payment. MOTION by Fogarty, second by McKnight to approve change orders 1-5 for the TH3 roundabout project and final payment to the contractor in the amount of $77,230.89. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. Approve Spruce Street Change Order - Engineering City Engineer Schorzman explained change order 2 for the Spruce StreeUSecond Street utility and street reconstruction project. The change order includes payment for advanced warning traffic control signs, restocking fee of sanitary manhole #4, two-inch copper water services, two twelve-inch and one six-inch hydrant extension, and widening the northeast corner of the Spruce Street and Second Street intersection. MOTION by Fogarty, second by Wilson to approve change order 2 in the amount of $8,689.02. APIF, MOTION CARRIED. Council Minutes (Regular) December 15,2008 Page 5 11. UNFINISHED BUSINESS b) Adopt Resolution - Approve 2009 Tax Levy and Budget - Finance The tax levy and 2009 budget is the same as what was proposed at the September 15,2008, Council meeting. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R80-08 setting the 2009 collectible property tax levy. Councilmember Pritzlaff was concerned with approving the levy before the 2009 budget. City Administrator Herlofsky noted Council should not lower the levy. Councilmember Wilson noted due to cuts in the State budget, Governor Pawlenty encouraged cities to not have merit or incentive pay. There are significant dollars when you tack on 3% to the mid-year performance. He had a concern with that ongoing practice. Weare proposing to lose a staff person, which is unwarranted and felt that would be the trend. He would prefer to retain staff at a more consistent market value. Councilmember Pritzlaff noted companies are suspending merit pay and also freezing wages. He also had questions with the Recreation Supervisor position being eliminated and salaries. If the levy is approved at 5% there would be no change in the budget. If changes can happen in the budget, they would bring the levy down. Councilmember McKnight cautioned we may not get $350,000 in State aid. Mayor Soderberg noted staff reduced the levy to 5%, which is what Council asked them to do. Voting yes: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. The 2009 budget does not contain any new staff, a Police Officer has been re- assigned to the school district, $75,000 will be transferred from the liquor fund to fund the pool. The Fire Chief position has been removed along with the new fire truck, and the Recreation Supervisor position has been eliminated. Councilmember Wilson noted the residents find value in the recreation programs provided. Recreation Supervisor Patti Norman does a phenomenal job in providing those programs to residents, runs the pool, and that position is proposed to be eliminated. He felt this will blow up recreation programs in the City. There is a lot of attention directed towards a non-profit to come to the City, but they are not here yet. He felt we were dismantling our recreation programs. Unless the Park and Rec staff is working less than 40 hours a week, he cannot see how there would not be an accumulation of overtime hours and an increase in hiring seasonal staff. We are saving $75,000, but a large chunk will be used up in overtime. The Parks and Recreation Commission is also concerned with eliminating this position. Before we have the certainty of a non-profit that would partner with the City, we should not eliminate staff. He would like to see the new Council, Parks and Recreation Commission, City Administrator and Parks and Recreation Director get a global picture of what is going on. He suggested Council consider funding the position for six months while examining the broader picture. It is not too much of a gamble to preserve the integrity of the programs to keep this position until the end of the second quarter 2009. 1-7 Council Minutes (Regular) December 15,2008 Page 6 Councilmember Pritzlaff noted in the 2008 accomplishments Parks and Recreation Supervisor Patti Norman received an award for Party on the Knoll. That position generates revenue. There are other positions we could do without with some re-organization. At the last workshop we expended $1200-$1800 for this person to have additional training after it was proposed to eliminate this position. He would like to keep the position in the budget. Local government aid will also be cut. At the last meeting we approved salaries with increases. Councilmember Pritzlaff gave examples from the salary structure of how the annual increases from one year to the next did not match with the percentage increase approved. Finance Director Roland stated the amounts in the 2009 budget are the amounts approved as part of the salary schedule which includes not just management, but also supervisors, AFSCME who also receive merit pay as part of their contractual obligations. They may differ because individuals receive merit pay at different points in the year. City Administrator Herlofsky stated the salaries for 2007, 2008, and 2009 have been consistent with the salary range established. In 2002 there was a comp worth study and adjustments were made. Councilmember Pritzlaffnoted department head salaries had a $4,000 - $3,000 difference from one year to the next. At some point merit pay and salaries need to freeze. Maybe a $4200 merit pay needs to be suspended for a year or two until things are better. Another person within six months of retiring took a lay off to save someone else's position. Seeing the step increases and raises approved, he does not see anyone stepping up to try to keep a position. Councilmember McKnight noted this Council voted itself a raise next year. We have been through these issues and he was ready to approve the budget. If the next Council wants to make changes, they can. Councilmember Wilson noted he did not vote for his own pay increase. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R81-08 approving the 2009 budget and revising the 2008 budget. Councilmember Fogarty noted it was not easy to vote to lay someone off. She has to believe staff that there will not be increases in overtime or a decrease in recreation programs. Staff will be held accountable. The City survey five years ago said residents would rather see a decrease in services than an increase in taxes. Councilmember Wilson stated if staff is proposing to eliminate a position, don't give false information that it will not affect the programs. If we had an honest presentation of the budget, he would not question it. Mayor Soderberg found his comments degrading to staff. Councilmember Wilson stated there is no supporting information, so he would submit the information is inaccurate. He will not rubber stamp a number, he wants to dig in and find out what is happening in the budget. Councilmember Pritzlaff stated some of the information in the budget, based on the information he has on salaries, has some inaccuracies. It took two months to get the additional information. He suggested the next Council watch what they ask for as it is not given freely. 1-8 Council Minutes (Regular) December 15, 2008 Page 7 Mayor Soderberg stated staff did what Council asked them to do. He has every confidence they gave accurate information. For any Councilmember to say staff is lying is despicable. While Council disagrees, we have to pass a budget. He does not like to cut a position. If we do not get State aid, there will be at least three additional positions. He thanked staff for doing their job. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. c) Approve 2009-2013 CIP - Finance The projects in the CIP are included in the 2009 budget for funding. Councilmember McKnight encouraged the next Council to make sure the projects are feasible before they are started. Councilmember Wilson felt it was important to review improvements at the intersection of Flagstaff and CR50. Councilmember Pritzlaff noted there is $150,000 listed in 2009 for a signal at Elk River Trail and Pilot Knob Road, but it is not definite a signal will be installed in 2009. Finance Director Roland stated we have to account for potential expense in case the county does approve it. All projects in the CIP have to come back to Council to be approved. City Engineer Schorzman suggested the CIP be changed to traffic control rather than a signal for Elk River Trail, 195th Street, and 190th Street intersections with Pilot Knob Road. MOTION by Fogarty, second by Pritzlaffto approve the 2009-2013 Capital Improvement Plan changing the language for Elk River Trail, 195th Street and 190th Street intersections with Pilot Knob Road to read traffic control rather than signal. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked the Downtown Business Association for the tree lighting ceremony. Recycle bins for one-sort recycling will be out this week. She thanked Mayor Soderberg, Councilmembers McKnight and Pritzlaff and she has enjoyed the challenging conversations and it has been an honor to serve with them. Councilmember McKnight: Thanked the community for the honor to allow him to serve. Councilmember Wilson: The last four years Council has worked through an unbelievable set of challenging issues. City government becomes an easy target. He appreciated Councilmember McKnight's knowledge of local government. He enjoyed working with Councilmember Pritzlaff and he has served the tax payers well. He thanked Mayor Soderberg for leading the City. The one aspect he has appreciated is his humble love for the veterans. The next Council should put a veteran's memorial at the top of the agenda. He attended the Yellow Ribbon ceremony and it was a humbling experience. He was very proud of the community. 1-9 Council Minutes (Regular) December 15, 2008 Page 8 Councilmember Pritzlaff: He appreciated working with all of the Councilmembers. There are five different personalities up here, but we do our job. We cannot make everyone happy. He took some responsibility for being hard on staff. Council does receive phone calls from the people they represent. He has been tough, but he appreciates everyone's work in the City from the top to the bottom. He was honored to be appointed to represent the Council in various groups. Public service has been fun and he enjoyed meeting everyone. He thanked all employees and residents. City Administrator Herlofsky: Thanked Council for the opportunity to come to Farmington and it has been a fun 960 days. Parks and Recreation Director Distad: 4:00 p.m. The outdoor rinks will open Friday, December 19, 2008, at Mayor Soderberg: He has served on the Council for ten years and it has been an incredible journey and an honor. He thanked the residents for their support. He thanked all employees for a job well done. They make this job easier. If it were not for the support of staff and clarification, it would have been a lot tougher. It has been a privilege serving this Council and past Councilmembers. He has made some incredible friends. Looking at the accomplishments for 2008 it is remarkable and he has a decade of those to reflect on. He marvels when people look at a situation and say it's a simple solution. Some are not quite as simple. Throughout his ten years he has tried to conduct himself as a public servant. He has tried to maintain a servant's heart. It has been an incredible journey and he is so grateful. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:39 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~~~ Cynthia Muller Executive Assistant 1-10 76 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Annual Report - Boards and Commissions DATE: January 5, 2009 INTRODUCTIONIDISCUSSION 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. The 2008 attendance record for all seats on City Boards and Commissions is as follows: HERITAGE PRESERVATION COMMISSION Beverly Preece Present 5 out of 5 meetings Edgar Samuelson Present 5 out of 5 meetings Ken Stewart Present 4 out of 5 meetings David McMillen Present 5 out of 5 meetings John Franceschelli Present 4 out of 5 meetings PARKS AND RECREATION ADVISORY COMMISSION Randy Oswald Present 3 out of 5 meetings Aaron Fitzloff Present 4 out of 7 meetings Dawn Johnson Present 11 out of 12 meetings Tim White Present 7 out of 12 meetings (Appointed 2/1/08) Charlie Weber Present 12 out of 12 meetings Karen Neal Present 10 out of 12 meetings PLANNING COMMISSION Dirk Rotty Present 15 out of 18 meetings Geoffrey Stokes Present 13 out of 18 meetings (Appointed 2/1/08) Ben Barker Present 12 out of 18 meetings Todd Larson Present 14 out of 18 meetings Doug Bonar Present 14 out of 18 meetings (Appointed 2/1/08) Randy Oswald Present 2 out of 2 meetings Tim Burke Present 2 out of 2 meetings 2-1 WATER BOARD Allan Maguire Jeff Krueger Tom Jensen Present 11 out of 11 meetings Present 11 out of 11 meetings Present 9 out of 11 meetings RAMBLING RIVER CENTER ADVISORY BOARD Charlie Weber Present 12 out of 12 meetings Gil Anderson Present 10 out of 12 meetings Sarah Miller Present 10 out of 12 meetings Beverly Preece Present 10 out of 12 meetings Nancy Anderson Present 10 out of 12 meetings Allen Koss Present 11 out of 12 meetings Marilyn Briesacher Present 10 out of 12 meetings ECONOMIC DEVELOPMENT AUTHORITY Kevan Soderberg Present 3 out of 7 meetings Christy Jo Fogarty Present 7 out of 8 meetings David McKnight Present 5 out of 8 meetings David Pritzlaff Present 7 out of 7 meetings Steve Wilson Present 6 out of 7 meetings Todd Arey Present 1 out of 1 meeting Paul Hardt Present 1 out of 1 meeting Erik Starkman Present 1 out of 1 meeting Yvonne Flaherty Present 0 out of 1 meeting Chad Collignon Present 1 out of 1 meeting ACTION REQUESTED For Council information only. Respectfully submitted, ~~4.~ Lisa Shadick Administrative Services Director Cc: Board and Commission members 2-2 7c.. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator) I /<A'~ .w , !I Cynthia Muller \J Executive Assistant FROM: SUBJECT: Gambling Event Permit - Southern Dakota County Sportsmen's Club DATE: January 5, 2009 INTRODUCTION The Southern Dakota County Sportsmen's Club is requesting a Gambling Event Permit for a raffle event. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMP ACT Gambling fees are included in the revenue portion of the 2009 budget. ACTION REQUESTED Consider the attached Resolution grantin~ a Gambling Event Permit to the Southern Dakota County Sportsmen's Club, at 10 North 8t Street, on January 24, 2009. Respectfully submitted, t1,>~ /'r7.~ ~nthia Muller Executive Assistant 3-1 RESOLUTION NO. R -09 APPROVING A MINNESOT A LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR SOUTHERN DAKOTA COUNTY SPORTSMEN'S CLUB Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of January 2009 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Southern Dakota County Sportsmen's Club have submitted an application for a Gambling Event Permit to be conducted at the American Legion, ION 8th Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Southern Dakota County Sportsmen's Club to be conducted at the American Legion, ION 8th Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of January 2009. Mayor Attested to the day of January 2009. City Administrator SEAL 3-2 7d City of Farmington 430 Third Street, Farmington, MN 55024 (651) 280-6800 Fax (651) 280-6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrato(}- ;t/ FROM: Brenda Wendlandt, Human Resources Director \..) SUBJECT: Appointment Recommendation - Fire Department DATE: January 5, 2009 INTRODUCTION The recruitment and selection process for the appointment of the Paid On-Call Fire Chief has been completed. DISCUSSION Per administrative policy, Fire Officers serve three year terms with satisfactory job performance. Since the current three year term for the Paid On-Call Fire Chief position ran from 2006 through 2008, the process for the appointment of that position was conducted. After a thorough review of all applicants for the Paid On-Call Fire Chief position by the Fire Chief Selection committee, a contingent offer has been made to re-appoint Tim Pietsch as Fire Chief, subject to ratification by the City Council. Mr. Pietsch has been a member of the Fire Department for 26 years. Since he served on the department, he has held the positions of Captain, Assistant Chief and is currently the Fire Chief. He has held the Chief position for the last three years. Mr. Pietsch meets the qualifications for the position. BUDGET IMPACT Funding for the position is provided for in the 2009 budget. ACTION REQUESTED Approve the re-appointment of Tim Pietsch to the position of Fire Chief. Respectfully Submitted, &e~~dK I Brenda Wendlandt, SPHR . Human Resources Director cc: Personnel file 4-1 7e. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, and Ci1y Administrator r:j Brenda Wendlandt, Human Resources Director '0 FROM: SUBJECT: Lease Agreement for Ambulance Station with Allina Medical Transportation DATE: January 5, 2009 INTRODUCTION AND DISCUSSION The ALF Board of Directors approved a Professional Services Agreement with Allina Medical Transportation to provide ambulance service to the member communities. One of the terms of the Agreement was that Allina Medical Transportation enter into a lease with each city in order to provide quarters for its crews and ambulances. The attached lease satisfies the terms of the Agreement with Allina. Allina Medical Transportation will lease the space at Farmington Fire Station #2 located at 19695 Municipal Drive. These are the same quarters that currently house the ALF Ambulance crews. BUDGET IMPACT The Lease is for $9,185.00 commencing February 1, 2009. The rent is adjusted annually by the Consumer Price Index. ACTION REQUESTED Approve the attached Lease Agreement for Ambulance Station with Allina Medical Transportation. Respectfully Submitted, ~;Jl21Ct'v;lt ~:nda Wendlandt, SPHR Human Resources Director cc: file 5-1 LEASE AGREEMENT FOR AMBULANCE STATION THIS LEASE AGREEMENT (this "Lease") is made as of this _ day of 20_, by and between the CITY OF FARMINGTON, a municipal corporation under the laws of the State of Minnesota ("Landlord"), and ALLINA HEALTH SYSTEM, a Minnesota non- profit corporation, d/b/a ALLINA MEDICAL TRANSPORTION ("Tenant"). 1.0 BASIC TERMS The following terms shall have the meanings set forth in this Section unless specifically modified by other provisions of this Lease: 1.1 Project: The land, building (as described in Section 1.2 below), and all associated parking areas, drive areas, exits, entrances, improvements and appurtenances, as shown on the diagram attached Exhibit A. 1.2 Building: The building in the Project in which the Premises are located, and whose address is19695 Municipal Road, Farmington, Minnesota 55024 1.3 Premises: Landlord hereby demises and leases to Tenant, and Tenant hereby accepts and leases from Landlord 600 useable square feet of garage space and 535 useable square feet of office space in the Building as depicted on the diagram attached as Exhibit A and all rights appurtenant thereto and owned by Landlord. 1.4 Lease Term: Except as otherwise provided herein, the lease term shall commence upon commencement of the Professional Services Agreement for emergency medical services ("EMS Contract") between ALF Ambulance and Tenant ("Commencement Date") and shall terminate three years from the Commencement Date ("Initial Term") with an option by Tenant to renew for two (2) successive three (3) year terms ("Renewal Term"). If the EMS Contract is terminated prior to the end of the Lease Term or any Renewal Term, the Lease shall terminate consistent with the termination date of the EMS Contract and no further options may be exercised without a separate written agreement by the parties. 1.5 Commencement Date: Shall be as set forth in Section 4 below (estimated to be approximately February 1, 2009). 1.6 Termination Date: Shall be as set forth in Section 4 below. 1.7 Permitted Use: Emergency Medical Service\.Ambulance station. 1.8 Exhibits: A - Diagram of the Project 142197v13 AMP/RNK:r12/22/08 1 5-3 B - Diagram of the Premises C - Description of Landlord's Improvements D - Facility Square Footage 2.0 DEMISE OF PREMISES 2.1 Landlord hereby lets and demises to Tenant and Tenant hereby rents from Landlord the Premises, subject to the terms and conditions set forth below. The Premises are more particularly described in Exhibit A attached hereto. 2.2 Landlord, in its sole discretion, retains the right to designate alternate premises in a separate building controlled by Landlord, provided the alternate premises are reasonably comparable to the original Premises. Unless otherwise agreed to by the Parties, all out-of pocket moving expenses related to the relocation of Tenant will be at the Landlord's sole cost and expense, not including administrative costs. If so designated by the City, this Lease shall be amended to reflect the change to the defined Premises by written addendum executed by the City. 2.3 Landlord, for itself, its employees, officials, contractors and agents, retains the right to enter the Leased Premises at all times, to access other areas of the Building that are inaccessible except through the Leased Premises. 3.0 INITIAL IMPROVEMENTS. There are no Landlord improvements. 4.0 TERM 4.1 The initial term of this Lease (the "Initial Term") shall be for a period of three (3) years, commencing on the Commencement Date (as hereinafter defined) and ending at 11 :59 p.m. of the day immediately preceding the three year anniversary of the Commencement Date thereafter provided, however, that if the Lease Commencement Date is other than the first day of a calendar month, the term shall end at 11 :59 p.m. on the last day of the calendar month containing the three year anniversary of the Commencement Date, unless sooner terminated as hereinafter provided. Further, this Lease may be renewed by Tenant for up to two (2) successive, three-year terms (collectively, "Renewal Terms" or individually, "Renewal Term") on the same terms and conditions as set forth in this Lease unless either party gives the other party notice not less than ninety (90) days before the end of the then current term of its desire to let the Lease expire, in which case the Lease shall expire at the end of the then current term. The Initial Term and the Renewal Terms, if any, are collectively referred to herein as the "Lease Term. Except as otherwise provided herein, the date on which the Lease Term ends shall be referred to as the "Termination Date." 142197v13 AMP/RNK:rl2/22/08 2 5-4 4.2 The "Commencement Date" shall be the commencement date provided under the Professional Services Agreement for emergency medical services between ALF Ambulance and Tenant (EMS Contract). 4.3 If the EMS Contract is terminated prior to the end of the Lease Term or any Renewal Term, the Lease shall terminate consistent with the termination date of the EMS Contract and no further options may be exercised without a separate written agreement by the parties. 5.0 USE AND OPERATION COVENANTS 5.1 During the entire Lease Term, the Premises shall be leased, used and occupied by Tenant for an emergency medical service facility, including ambulance station, in accordance with all applicable governmental laws and regulations, and all other recorded covenants, conditions and restrictions which are recorded on the date hereof, and for no other purpose without the prior written consent of Landlord. Tenant shall not cause injury to the improvements on the Premises and shall not use the Premises in a manner that would constitute a public or private nuisance or constitute waste. 5.2 Tenant covenants and agrees with Landlord that it will base an ambulance at the Premises during the Lease Term. The parties acknowledge that the ambulance stationed at the Premises will leave the Premises from time to time to perform services, and that the ambulance will be relocated by Tenant to other locations on a temporary basis from time to time to maintain ambulance coverage to Tenant's service area, as Tenant determines in its sole discretion. 5.3 During the entire Lease Term Tenant shall maintain and keep in good repair the Premises which Tenant occupies, as provided for in Section 10.2, including cleaning of the Premises. 6.0 RENT As for rental of the Premises during the Lease Term, Tenant shall pay the following amounts (all of which collectively, together with other amounts due under this Lease shall be referred to herein as the "Rent"), and the obligation to pay such amounts shall survive the expiration or termination of this Lease. 6.1 Base Rent. Tenant shall occupy the Premises at a cost of $5.50 per square foot for garage space, and $11.00 per square foot for office space as delineated on Exhibit D, "Facility Square Footage". Payments will be made monthly during the Lease Term with monthly payments due and payable beginning on the Commencement Date and on the same date of each month thereafter. 6.2 Additional Rent. Tenant shall pay as additional rent all monthly charges for telephone service provided to the Premises during the Lease Term. Tenant agrees 142197v13 AMP/RNK:r12/22/08 3 5-5 to have such services charged directly to Tenant, if possible, and to pay each invoice for services when due. In the event that Tenant does not pay any additional rent when due, Landlord shall have the option, but not the obligation, to pay for any such item, whereupon Tenant shall owe Landlord such amount paid by Landlord plus five percent (5%) of such amount as a late payment fee, which amount shall be paid by Tenant as additional rent immediately upon receipt of an invoice therefor from Landlord. Notwithstanding the foregoing, Landlord shall provide five (5) days prior written notice to Tenant once in any given calendar year before the late fee herein is charged to Tenant. No such notice shall be required for subsequent late payments in the same calendar year. 6.3 Adjustments to Base Rent. For each year of the Lease after the Initial Term, the new annual base rent shall be the previous annual base rent of the previous year plus an amount equal to the increase in the Consumer Price Index ("CPI") as provided below. The Base Rent shall never be decreased. The CPI shall mean the "Consumer Price Index for All Urban Consumers (All Cities) of the United States Department of Labor, Bureau of Labor Statistics" in effect and generally published for the calendar month in which falls the beginning of the Renewal Term. If such index shall be discontinued, then Landlord may, at its election, either (i) substitute any substantially equivalent official index published by the Bureau of Labor Statistics or its successor; or (ii) substitute another price index generally recognized as authoritative. To determine the annual rental increase to be paid by Tenant, the annual rental for the previous year shall be multiplied by the percentage increase in the "unadjusted" CPI (not seasonally adjusted) for the twelve (12) month period ending in June ofthe previous year. The resulting number shall be added to the previous years Rent. Landlord shall be responsible for communicating all Rent increases to Tenant. 7.0 OPERATING COSTS Except for the obligations of Tenant as expressly set forth in this Lease, Landlord shall be solely responsible for and shall pay all sums expended or obligations incurred by Landlord with respect to the Project (including the Premises), whether or not now foreseen, including, but not limited to maintenance costs of contractors providing maintenance to the Project; insurance covering liability, hazards, casualties and potential losses of any kind; repairs, maintenance, including but not limited to, landscaping, snow removal, parking lot sweeping, window washing, parking lot lighting and trash removal, replacements respecting the Project, including costs of materials, supplies, tools and equipment used in connection therewith; and including the repaving of parking areas, replanting of landscaped areas and replacing building components; costs incurred in connection with the operation, maintenance, repair, replacing, inspection and servicing (including maintenance contracts) of electrical, plumbing, heating, air conditioning and mechanical equipment and the cost of materials, supplies, tools and equipment used in connection therewith, including leasing as appropriate; cost of services including heat, air conditioning, electricity, gas, water and sewer and other utilities; depreciation of the 142197v13 AMP/RNK:r 12/22/08 4 5-6 Building and major components; debt service on indebtedness of Landlord; replacements of the original components of the Building; and all other expenses and costs of every kind and nature incurred for the purpose of operating and maintaining the Project, whether or not similar to the foregoing. 8.0 TAXES, ASSESSMENTS, AND UTILITY CHARGES 8.1 Tenant shall pay all personal and real estate taxes on the Premises if this Lease causes the property to be taxed 8.2 Throughout the Lease Term, Landlord shall provide for the provision of adequate utilities including gas, electric, telephone, cable television, and DSL internet, to the Premises so as to protect the same from damage. Landlord shall maintain and pay montWy for the following utilities: gas, electric, water and garbage. Tenant shall maintain and pay monthly for the following utilities: telephone (including all long distance phone calls), cable television, and DSL internet, at the time the same become due or payable. Tenant shall install, maintain and pay for any coaxial cable used for radios for its own use. Landlord shall not be liable to Tenant should the furnishing of water and sewer service be interrupted because of repairs, installation of improvements or for any other cause not caused by Landlord. 9.0 COMMON AREAS Tenant, its employees, agents and invitees shall have the reasonable, nonexclusive right to use, in common with Landlord and the other tenants and occupants of the Project and their respective employees, customers and invitees and all others to whom Landlord has or may hereafter grant rights to use the same, the common areas of the Project as may from time to time exist, including, but not limited to parking facilities, sidewalks, driveways, accessways, and common hallways ("Common Areas"). Landlord shall at all times have full control, management and direction of the Common Areas. Tenant shall not cause or allow any storage of materials or equipment outside of the Premises on any of the Common Areas. Landlord reserves the right at any time and from time to time to reduce, increase, enclose or otherwise change the size, number, location, layout and nature of the Common Areas, to construct additional buildings and stories, to create additional rentable areas through use and/or enclosure of Common Areas, to close portions of the Common Areas for maintenance, repair or replacement, to place signs in Common Areas and on the Building or in the Project, to change the name or address of the Project and to change the nature of the use of any portion of the Project. Notwithstanding any provision to the contrary in this Section 9.0, Landlord acknowledges that Tenant's use of the Premises is dependant upon the concurrent use of certain Common Areas. As such, Tenant shall be allowed to terminate this Lease upon notice to Landlord if any rights exercised by Landlord in respect to the Common Areas have the effect of substantially limiting Tenant's use or enjoyment of the Premises. 142197v13 AMP/RNK:rl2/22/08 5 5-7 10.0 REPAIRS AND MAINTENANCE 10.1 Except as provided in Section 10.2 below, Landlord shall, at its sole cost and expense, maintain the Project and every part thereof, including the Premises, in good condition and repair. Landlord's obligations shall include, but not be limited to: maintaining landscaping; providing snow removal (except in regard to sidewalks Tenant is obligated to clear pursuant to this Lease), parking lot sweeping, window washing, parking lot lighting and trash removal; providing replacements respecting the Project, including costs of materials, supplies, tools and equipment used in connection therewith (including the repaving of parking areas, replanting of landscaped areas and replacing building components); and operate, maintain, repair, replace, inspect and service electrical, plumbing, heating, air conditioning and mechanical equipment. 10.2 Tenant shall, at its sole cost and expense: (a) maintain and repair any alterations made to the Premises by Tenant after the Commencement Date; (b) repair any damage to the Project caused by the installation or moving of Tenant's furniture, equipment and personal property; and (c) repair or replace with glass of equal quality any broken or cracked plate or other glass on the Project to the extent such glass was broken or cracked by Tenant, its employees, or agents, invitees or customers. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. If Tenant fails to maintain or repair the Premises as provided for in the Section 10.2, upon 15 days written notice from Landlord, Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the respective premises occupied by them, in which event the costs thereof shall be billed directly to and paid by Tenant as Additional Rent. If as provided above, Landlord performs any maintenance, repairs or servicing which is the obligation of the Tenant hereunder, then Tenant shall pay Landlord directly therefor. In the event there is any warranty in effect in connection with repairs or replacements made by Tenant and if Landlord is unwilling to pursue the warranty claim, then Tenant shall have the right to pursue the warranty claim in connection with the repair and/or replacement made by Tenant. Tenant shall be responsible for all snow and ice removal on all sidewalks adjacent to the Premises. Upon expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord broom clean and in good condition and repair excepting only (a) normal wear and tear; (b) losses caused by fire or other casualty; (c) losses caused by condemnation; and (d) losses due to Landlord's failure to maintain the Project (including the Premises) or to make repairs which Landlord is required by this Lease to make. Tenant's obligation to so deliver the Premises shall survive the expiration or termination of this Lease. 142197v13 AMP/RNK:r 12/22/08 6 5-8 11.0 ALTERATIONS BY TENANT 11.1 Tenant may not make any alterations, additions or improvements (collectively, "Alterations" and individually, an "Alteration") in or to the Premises that exceed $500.00 without Landlord's prior written consent in each instance which consent will not be unreasonably withheld or unduly delayed for non-structural Alterations which are not visible from the exterior of the Premises or do not affect the exterior appearance of the Premises. Landlord will not be deemed to be unreasonably withholding its consent if it requires Tenant to remove the alteration when approval is requested and Tenant refuses to remove the alteration. In the event Landlord approves an Alteration, (i) the Alteration shall be constructed in a good and workmanlike manner, (ii) the structural integrity of the Facility and the exterior appearance shall not be impaired by the Alteration or the construction thereof, (iii) no liens shall attach to the Premises by reason thereof, and (iv) Tenant shall carry or cause its contractors to carry any required worker's compensation insurance. All Alterations made by Tenant shall be at its sole cost and expense. Landlord's consent to an Alteration may be conditioned upon the receipt by Landlord of such information as Landlord may reasonably require, and upon the furnishing of certificates of insurance, waivers of lien, and receipted bills covering any and all labor and materials utilized in connection therewith, and such other conditions as Landlord may reasonably require. 11.2 Upon the written request by Tenant for Landlord approval of Alterations, Landlord shall notify Tenant in writing which Alterations must be removed from the Premises upon termination of the Lease; all other Alterations shall remain on the Premises and shall become the property of Landlord. Tenant shall remove the Alterations designated by Landlord for removal, all at Tenant's sole expense, on or before the Termination Date and Tenant shall repair any damage to the Premises caused by such removal. Tenant's obligations under this Section 11.0 shall survive the expiration or termination of this Lease. If Tenant fails to remove the Alterations as required hereunder, Landlord may remove the Alterations and may, at Landlord's option, store or destroy them and all costs incurred by Landlord shall be promptly reimbursed by Tenant. 12.0 FIXTURES AND SIGNS Tenant may have signage as permitted by and subject to Landlord's consent. Such consent shall be given or withheld at Landlord's sole discretion. 13.0 INSURANCE 13.1 During the Lease Term, Tenant shall provide and maintain in full force and effect at no cost to Landlord the following insurance coverages with the minimum limits as indicated: 142197v13 AMP/RNK:rl2/22/08 7 5-9 (i) Commercial general liability insurance, occurrence form (or its equivalent satisfactory to Landlord) with liability limits of not less than $1 million per occurrence, $3 million aggregate (to include products/completed operations and personal/advertising injury); $100,000 fire damage. Landlord shall be included as an ADDITIONAL INSURED under such insurance on a primary and non-contributory basis. Tenant may provide such insurance through a program of self-insurance. 13.2 Tenant may, at its option, purchase business income, business interruption, extra expense or similar coverage as part of this commercial property insurance, and in no event shall Landlord be liable for any business interruption or other consequential loss sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its employees, officers, directors, or agents. 13.3 Tenant may, at its option, purchase insurance to cover its personal property. In no event shall Landlord be liable for any damage to or loss of personal property sustained by Tenant, whether or not it is insured, even if such loss is caused by the negligence of Landlord, its employees, officers, directors, or agents. 13.4 Tenant shall furnish Landlord with duly executed Certificates of Insurance and endorsements certifying that the required insurance has been provided and that the insurance companies will give Landlord thirty (30) days prior written notice of any cancellation of insurance coverage. 13.5 During the Lease Term, Landlord shall provide and maintain in full force and effect the following insurance coverages with minimum limits as indicated, (which may also be revised to reasonable amounts consistent with similar industry practice at the Landlord's discretion from time to time): (i) All Risk form commercial property insurance on the building and all improvements therein for their full replacement value. (ii) Commercial general liability insurance (or its equivalent), occurrence form, and, if necessary, commercial umbrella or excess insurance with a total limit of not less than $1,000,000 each occurrence as described below. Tenant shall be included as an ADDITIONAL INSURED under such insurance, using an additional insured endorsement or a substitute providing equivalent msurance coverage. 13.6 Landlord shall furnish Tenant with duly executed Certificates of Insurance certifying that all required insurance has been provided and that the insurance companies will give Tenant thirty (30) days prior written notice of any cancellation of insurance coverage. 142197v13 AMP/RNK:rI2/22/08 8 5-10 13.7 Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective officials, directors, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of the "All Risk" property insurance required of Landlord and Tenant as set forth above, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. 14.0 COMPLIANCE WITH LAWS Subject to the obligations imposed on Landlord in Section 10.0 above, Tenant shall, at its sole cost and expense, comply with any and all laws, statutes, ordinances, regulations, fire codes, building codes and restrictions and easements of record, now or hereafter in force, applicable to the performance of Tenant's operations on the Premises or relating to the use of Tenant Alterations or to the making of repairs, changes or alterations to Tenant Alterations. Tenant also covenants to comply, at its sole cost and expense, with any and all reasonable rules and regulations applicable to the conduct of Tenant's operations on the Premises issued by insurance companies (including Landlord's fire underwriters, if any) writing policies covering the Premises to the extent that noncompliance will result in premium increases (or, in the alternative Tenant may, at its option, pay such premium increase as additional rent hereunder). Landlord shall, at its sole cost and expense, comply with any and all laws, statutes, ordinances, and regulations, fire codes, building codes and restrictions and easements of record, now or hereafter in force, applicable to the Project (other than Tenant Alterations) or to the making of repairs, changes, or alterations to the Project (other than Tenant Alterations). 15.0 PARKING Tenant and Tenant's employees, customers and invitees shall have the nonexclusive right to use the parking spaces located within the Common Areas. Landlord reserves the right to regulate parking within the Common Areas, including the right to preclude Tenant from parking in certain parking spaces or requiring Tenant to use certain parking spaces. Tenant shall not permit vehicles and/or trailers to be abandoned or stored in the Project's parking and loading areas. 16.0 JANITORIAL SERVICES Tenant shall clean the Premises and arrange for trash removal from the Premises to the Project trash dumpster on a daily basis or otherwise in a manner sufficient to keep and maintain the Premises in a first-class and clean condition. 17.0 ENVIRONMENTAL MATTERS 17.1 "Environmental Laws" means any or all of the following: the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ~~ 9601 et 142197v13 AMP/RNK:rI2/22/08 9 5-11 seq.; the Resource Conservation and Recovery Act, 42 U.S.C. SS 6941 et seq.; the Toxic Substances Control Act, 15 U.S.C. ~~ 2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. ~~ 300h et seq.; the Clean Water Act, 33 U.S.C. ~S 1251 et seq.; the Clean Air Act, 42 U.S.C. ~~ 401 et seq.; regulations under any of the foregoing statutes; and any other laws and regulations of the United States, the State of Minnesota or any political subdivision or agency of either of them, which are now in effect or hereinafter enacted or amended that deal with the regulation or protection of the environment, including ambient air, groundwater, surface water and land use, including sub-strata land. 17.2 Tenant shall comply in all respects with all present and hereinafter enacted Environmental Laws, and any amendments thereto, relating to Tenant's operations on the Premises. Tenant shall immediately notify Landlord of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Premises or Tenant's operations on the Premises or any change in Tenant's operations on the Premises that will change or has a potential to change Tenant's or Landlord's obligations or liabilities under the Environmental Laws. Tenant hereby agrees to indemnify and hold harmless Landlord, and Landlord's officers, officials, agents, and employees from and against any and all loss, damage, and expense (including, but not limited to, reasonable investigation and legal fees and expenses), including, but not limited to, any claim or action for injury, liability, or damage to persons or property, and any and all claims or actions brought by any person, firm, governmental body, or other entity, alleging or resulting from or arising from or in connection with contamination of or adverse effects on the environment, or violation of any Environmental Law or other statute, ordinance, rule, regulation or order of any government or judicial entity, and from and against any damages, liability, cost, and penalties assessed as a result of any activity or operation on the Premises during the Lease Term. Tenant's obligations and liabilities under this Section shall survive the expiration or termination of this Lease. The terms of this Section shall be enforceable by injunction or, at Landlord's option, by action for damages. 17.3 Landlord warrants and represents, to best of its knowledge that the Project does not contain and are not contaminated by any hazardous materials as (defined herein) and to the best of Landlord's knowledge, there have not been any releases of hazardous materials whatsoever on or in the Project. "Hazardous Materials" shall mean: asbestos, polychlorinated biphenyls; and hazardous or toxic materials, waste or substances which are defined, determined or identified as such pursuant to all present and future federal, state or local laws, rules or regulations. Landlord shall indemnify and hold Tenant harmless from all costs and expenses (including reasonable attorneys' fees) related to all hazardous materials on or in the Project, except for those costs incurred because of hazardous materials brought onto the Project by Tenant and not incurred due to Landlord's negligence or malfeasance. 142197v13 AMP/RNK:rl2/22/08 10 5-12 18.0 INDEMNIFICATION 18.1 Tenant hereby agrees to indemnify and hold harmless Landlord and Landlord's officers, directors, agents, and employees from and against any and all claims, demands, causes of action, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, caused by, incurred, or resulting from (i) Tenant's occupancy, use or operation of the Premises, or (ii) from any default under or failure to perform any term or provision of this Lease by Tenant or (iii) the negligent or willful acts of Tenant, its directors, officers, or employees. This indemnity does not cover matters arising out of the negligent or willful acts of Landlord or its employees, agents, contractors, guests, officers, invitees or officials. It is expressly understood that Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease for any reason. In case any action or proceeding is brought against Landlord or its officers, officials, agents or employees, by reason of any such claim, Tenant, upon notice, will defend such action or proceeding by responsible counsel selected by Tenant and reasonably acceptable to Landlord. 18.2 Landlord hereby agrees to indemnify and hold harmless Tenant and Tenant's officers, directors, agents, and employees from and against any and all claims, demands, causes of action, suits, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, caused by, incurred, or resulting from (i) Landlord's occupancy, use or operation of the Premises, or (ii) from any default under or failure to perform any term or provision of this Lease by Landlord or (iii) the negligent or willful acts of Landlord, its directors, officers, or employees. This indemnity does not cover matters arising out of the negligent or willful acts of Tenant or its employees, agents, contractors, guests, officers, invitees or officials. It is expressly understood that Landlord's obligations under this Section shall survive the expiration or earlier termination of this Lease for any reason. In case any action or proceeding is brought against Tenant, or its officers, officials, agents or employees, by reason of any such claim, Landlord, upon notice, will defend such action or proceeding by responsible counsel selected by Landlord and reasonably acceptable to Tenant. 19.0 DAMAGE OR DESTRUCTION 19.1 If the Premises is destroyed or damaged in whole or in part by fire, or the elements, or as a result directly or indirectly of war, or by act of God, or by reason of any other cause whatsoever, Tenant shall give notice thereof to Landlord, and except as otherwise provided below, Landlord at Landlord's cost and expense promptly may repair, replace, and rebuild the Building and other Project improvements to at least as good condition as it or they were in immediately prior to such occurrence. 19.2 If following such damage or destruction the estimate of the time to complete such repair or restoration, as reasonably and promptly determined by the general 142197v13 AMP/RNK:rI2/22/08 11 5-13 contractor selected by Landlord, exceeds one hundred twenty (120) days, Landlord and Tenant at their respective options shall have the right to terminate the Lease upon written notice to the other party given within twenty (20) days after receipt of the estimated time to repair or restore. 19.3 The net proceeds of any insurance shall be applied in payment of the cost of such repairing or rebuilding as the same progresses. If the insurance proceeds exceed the cost of such repairs or rebuilding, then the balance remaining after payment of the cost of such repairs or rebuilding shall be paid over and belong to Landlord. 19.4 Except as specifically provided in this Section 19.0, this Lease shall not terminate or be affected in any manner by reason of the destruction or damage in whole or in part of the Premises or any building or improvements now or hereafter standing or erected thereon or by reason of the untenantability of the Premises or any such building or improvements except that rent shall abate during the period of untenantability . 20.0 CONDEMNATION 20.1 If all or substantially all of the Premises are taken by the exercise of the power of eminent domain or conveyed under the threat of eminent domain, then this Lease shall terminate as of the date possession is taken by the condemnor (provided that the Lease shall not terminate if Landlord is the condemnor). The entire compensation award shall belong to Landlord and Tenant shall have no interest therein; provided that Tenant shall have the right to make a separate claim for its personal property or relocation benefits in accordance with applicable law, provided that the award to Landlord is not reduced thereby. 20.2 If (i) more than twenty percent (20%) of the area of the Premises, or (ii) any Common Areas reasonably necessary for use of the Premises are taken by the exercise of the power of eminent domain or sold under the threat of eminent domain, then Tenant shall have the right to terminate this Lease if the portion of the Premises or Common Areas remaining are such that their continued use for the purposes for which the same were being used immediately prior to such taking is reasonably impractical or economically imprudent. Termination shall be as of the date legal possession is taken by the condemnor. The option to terminate herein granted shall be exercised in writing by Tenant within thirty (30) days after the date of the taking of possession by the condemnor. In any event, the entire compensation award shall belong to Landlord and Tenant shall have no interest therein; provided that Tenant shall have the right to make a separate claim for its personal property or relocation benefits in accordance with applicable law, provided that the award to Landlord is not reduced thereby. If this Lease is not terminated, then Landlord, with reasonable diligence and at its own expense, shall restore any improvements upon the Premises affected by the taking (with the exception of the Tenant Improvements), even if the total cost for such restoration is in excess of the amount awarded or paid by the condemnor for such purpose, 142197v13 AMP/RNK:rl2/22/08 12 5-14 and Landlord shall make the proceeds of the condemnation award available for said purpose. Rent shall abate in the event of any partial taking hereunder to the extent to which the Premises are untenantable. 21.0 INSPECTION Landlord and its authorized representatives shall have the right, upon giving reasonable prior written notice (except in an emergency, in which case no notice is required), to enter the Premises or any part thereof and inspect the same for the purposes of determining Tenant's compliance with the terms of this Lease or to make repairs required hereunder. 22.0 QUIET ENJOYMENT So long as Tenant shall timely pay the Rent and all other sums herein provided and shall keep and timely perform all of the terms, covenants, and conditions on its part herein contained, Landlord covenants that Tenant, subject to Landlord's rights herein, shall have the right to the peaceful and quiet occupancy of the Premises. 23.0 ASSIGNMENT AND SUBLETTING 23.1 Except as herein set forth, Tenant shall not mortgage, encumber or assign this Lease or any interest therein, or sublet all or any portion of the Premises, or allow the use of any portion of the Premises by any third party, without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or unduly delayed. Notwithstanding anything to the contrary contained herein, Tenant may assign this Lease upon notice to Landlord, but without Landlord's consent, to any entity controlled by or controlling Tenant, or to an entity that acquires all or substantially all of Tenant's assets; provided, however, that in such instances Tenant shall remain liable for the performance of this Lease. 23.2 Landlord shall have the right at any time to sell or convey the Premises subject to this Lease or to assign its rights, title and interest as Landlord under this Lease in whole or in part. In the event of any such sale or assignment (other than a collateral assignment as security for an obligation of Landlord), and provided the assignee assumes all of the Landlord's obligations under this Lease from and after the date of transfer Landlord shall be relieved from and after the date of such transfer or conveyance of liability for the performance of any obligation of Landlord contained herein, except for obligations or liabilities accrued prior to the date of such assignment or sale, and Tenant shall attorn to the purchaser or assignee (as the case may be). 24.0 DEFAULT AND REMEDIES 24.1 Each of the following shall be deemed a "Default" of this Lease by Tenant: 142197v13 AMP/RNK:rl2/22/08 13 5-15 (i) If any Rent (Base Rent or Additional Rent) or other monetary sum due remains unpaid for five (5) days after such sum is due and Tenant fails to pay such sum within ten (10) days of receiving notice from Landlord demanding payment; (ii) If Tenant becomes insolvent, or if proceedings are commenced against Tenant hereunder in any court under any bankruptcy act or for the appointment of a trustee or receiver of Tenant's property and are not dismissed within sixty (60) days, or if Tenant files any assignment for the benefit of creditors, is not generally paying its debts as the same become due, or is taken over by any government regulatory agency having the jurisdiction to do so and such agency does not fully comply with the obligations imposed on Tenant hereunder, or if Tenant abandons or vacates the Premises or advises Landlord in writing that it intends to discontinue its business operations; or (iii) If Tenant fails to perform or violates any other of the covenants, conditions, obligations or restrictions of this Lease, which failure to perform or violation remains uncured for a period of thirty (30) days or more after notice thereof from Landlord to Tenant; provided, however, that if such failure or violation cannot reasonably be cured within the thirty (30) day period, and Tenant is diligently pursuing a cure of such failure or violation, then Tenant shall, after receiving notice specified herein, have a reasonable period to cure such failure or violation, not exceeding one hundred eighty (180) days, provided Tenant continuously exercises due diligence in the cure of the same. 24.2 In the event of any Default, and without any notice, except, if applicable, the notice prior to Default required under circumstances set forth in subsection 24.1 above, Landlord shall be entitled to exercise, at its option, concurrently, successively, or in any combination, any and all remedies available at law or in equity, including without limitation anyone or more of the following: (i) To terminate this Lease; ii) To terminate Tenant's occupancy of the Premises and to reenter and take possession of the Premises or any part thereof (which termination of occupancy and reentry shall not operate to terminate this Lease unless Landlord expressly so elects) and of any and all fixtures which are located on the Premises and owned by Landlord; (iii) To recover from Tenant all expenses, including attorneys' fees, reasonably paid or incurred by Landlord as a result of any such Default; (iv) To recover from Tenant all Rent not theretofore paid at the time of any Default and any sums thereafter accruing as they become due under this 142197v13 14 AMP/RNK:r12/22/08 5-16 Lease, if the Lease has been terminated, during the period from the Default to the Termination Date. (v) Landlord's rights to exercise the remedies set forth in this Section 24.0 shall survive the expiration or termination of this Lease. 24.3 In the event of any Default by Tenant, or in the event of a failure by Tenant to perform any covenant, condition, obligation or restriction under this Lease pertaining to the repair or maintenance of the Premises (prior to the expiration of any applicable grace or cure period) that Landlord reasonably deems of an emergency in nature Landlord may, at its option, but shall not be obligated to, immediately or at any time thereafter, and without notice except as required herein, correct such Default or failure without, however, curing the same, for the account and at the expense of the Tenant. Any sum or sums so paid by Landlord, together with interest at the Applicable Rate, and all costs and damages, shall be deemed to be Additional Rent hereunder and shall be due from Tenant to Landlord upon demand. 24.4 Landlord shall not be in default unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord specifying that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Subject to remedies for Landlord's default set forth elsewhere in this Lease or otherwise available at law or in equity, in the event of a Landlord default, Tenant may elect one or more of the following remedies: (i) specific performance or injunctive relief, or (ii) damages for loss arising from Landlord's failure to discharge its obligations under this Lease, or (iii) termination of this Lease by written notice to Landlord. 24.5 If Landlord defaults in the observance or performance of any of Landlord's covenants, agreements, or obligations hereunder wherein the default can be cured by the expenditure of money, Tenant may, but without obligation and without limiting any other remedies it may have by reason of such default, cure the default, charge the costs to Landlord, and deduct the costs of curing the default from the payments of Rent made by Tenant each month, together with interest at the Applicable Rate, until payment in full. 25.0 ADDITIONAL RIGHTS RESERVED TO LANDLORD Without affecting Tenant's obligations hereunder, Landlord reserves the right during the last one (1) month of the Lease Term to enter the Premises at all reasonable times to show the same to prospective purchasers, lessees or mortgagees, provided that the entry does not unreasonably interfere with the conduct and operation of Tenant's business. 142197v13 AMP/RNK:rI2/22/08 15 5-17 26.0 NOTICES All notices, demands, requests, consents, approvals, or other instruments required or permitted to be given by either party pursuant to this Lease shall be in writing and sent to the other party at the following addresses: To Tenant: Allina Health System Attn: General Counsel 2925 Chicago A venue, Law Dept 10905 Minneapolis, MN 55407-1321 With Additional Copies To: Allina Health System Atin: Real Estate Manager 2925 Chicago Avenue, RE Dept 10909 Minneapolis, MN 55407-1321 Allina Medical Transportation 167 Grand Avenue St. Paul, MN 55102 To Landlord: City of Farmington Attn: City Administrator 430 Third Street Farmington, Mn 55024 All notices shall be deemed received when delivered, if hand-delivered, or three business days after deposit with the United States Postal Service, postage prepaid and sent by certified mail, return receipt requested, or one business day after deposit with a nationally recognized overnight commercial courier service, airbill prepaid. Notices by telefax or e-mail alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other party as provided herein. 27.0 CONDITION OF PREMISES Except as expressly provided herein, Landlord makes no representations or warranties, either express or implied, regarding the condition of the Premises or suitability of the Premises for Tenant's proposed uses. 28.0 HOLDING OVER If Tenant remains in possession of the Premises after the expiration of the Lease Term without consent, then Landlord may, at Landlord's option, deem Tenant to be a tenant on a month-to-month basis ("Holdover Rent") and Tenant shall pay all sums and shall comply with all the terms of this Lease; provided that nothing herein nor the acceptance 142197v13 AMP/RNK:rl2/22/08 16 5-18 of Rent by Landlord shall be deemed a consent to such holding over. Landlord shall be entitled to all remedies available to it at law or in equity for such holdover, including Holdover Rent and including, but not limited to, Landlord's damages suffered as a result of such holding over by Tenant. 29.0 WAIVER AND AMENDMENT No provision of this Lease shall be deemed waived or amended except by a written instrument unambiguously setting forth the matter waived or amended and signed by the party against which enforcement of such waiver or amendment is sought. Waiver of any matter shall not be deemed a waiver of the same or any other matter on any future occaSIOn. 30.0 JOINT VENTURE None of the agreements contained herein is intended, nor shall the same be deemed or construed, to create a partnership between Landlord and Tenant, to make them joint venturers, nor to make Landlord in any way responsible for the debts or losses of Tenant. 31.0 CAPTIONS Captions are used throughout this Lease for convenience or reference only and shall not be considered in any manner in the construction or interpretation of this Lease. 32.0 SEVERABILITY If any of the terms or provisions contained herein shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and conditions of this Lease, or the application of such to persons or circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. 33.0 CONSTRUCTION This Lease involves property located within the State of Minnesota and shall be construed according to the laws of the State of Minnesota. 34.0 ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other representations, warranties, or agreements except as herein provided. 142197v13 AMP/RNK:rI2/22/08 17 5-19 35.0 COUNTERPARTS This Lease may be executed in one or more counterparts, each of which shall be deemed an original. 36.0 BINDING EFFECT The terms and conditions of this Lease shall be binding upon and benefit the parties hereto and their respective successors and assigns. 37.0 ATTORNEYS' FEES In the event of litigation arising out of this Lease, the prevailing party shall be entitled to court costs, out-of-pocket expenses and reasonable attorneys' fees from the unsuccessful party . 38.0 REPRESENTATION AS TO AUTHORITY 38.1 Tenant (i) Tenant is a non-profit corporation, validly existing and in good standing under the laws of the State of Minnesota and has the power and authority to consummate the transactions contemplated by this Lease. (ii) All proceedings of Tenant necessary to consummate the transactions contemplated by this Lease have been duly taken in accordance with law. (iii) The person or persons executing this Lease on behalf of Tenant are duly authorized to bind Tenant. 38.2 Landlord (i) Landlord has the power and authority to consummate the transactions contemplated by this Lease. (ii) All proceedings of Landlord necessary to consummate the transactions contemplated by this Lease have been duly taken by the Farmington City Council in accordance with law. (iii) The person or persons executing this Lease on behalf of Landlord are duly authorized to bind Landlord. 39.0 BROKERS Each party represents and warrants that it has dealt with no broker or agent in this transaction. Landlord and Tenant agree to indemnify and hold each other harmless from and against any claims by any broker or agent claiming commissions or other 142197v13 AMP/RNK:rl2/22/08 18 5-20 compensation as their respective representative or agent with regard to this transaction. The provisions of this Section shall survive the termination of this Lease. 40.0 MEMORANDUM OF LEASE Either party may at its expense record a memorandum of this Lease in form and content mutually agreeable to the parties hereto and executed by both parties. 41.0 PERFORMANCE OF WORK BY TENANT All work on the Premises performed by Tenant or Tenant's contractors, agents or employees during the Lease Term, whether in the form of maintenance, repair, replacement, alterations or work in compliance with law, shall be performed in a good and workmanlike manner and in accordance with law, and shall be free and clear of all mechanics' lien claims (provided that Tenant shall have the right to contest mechanics' lien claims). 42.0 FORCE MAJEURE Time periods, deadlines or dates for Landlord's or Tenant's performance under any provisions of this Lease (except for the payment of money) shall be extended for the period of time during which the non-performing party's performance is prevented or delayed due to labor disputes, casualties, embargoes, governmental restrictions or regulations, unusual weather and other acts of God, war or other strife, shortages of fuel labor, or building materials, action or non-action of public utilities or local, state or federal governments or agencies, the act or neglect of the other party or those acting for or under the other party, or any other causes or circumstances beyond the non-performing party's reasonable control. 43.0 EXHIBITS The terms and diagrams set forth in the Exhibits to this Lease are hereby incorporated by reference as part of this Lease as though the contents of such Exhibits were set forth in full herein. 142197v13 AMP/RNK:rl2/22/08 19 5-21 IN WITNESS WHEREOF, Landlord and Tenant have entered into this Lease as of the date first above written. Landlord: City of Farmington, a Minnesota municipal corporation Tenant: Allina Health System d/b/a Allina Medical Transportation By: By: Its: Mayor By: Its: Its: City Clerk 142197v13 AMP/RNK:rl2/22/08 20 5-22 Lease: City of Farmington - Allina Medical Transportation Exhibit A Diagram of Project 5-23 f...f f\ uv~ / L,LI .\, \/ r- V' 'f l- ~../ \ 11..- V Lease: City of Farmington - Allina Medical Transportation o ,.1 I ~ -I. 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Fax 651.280.6899 www.ci.fannington.mn.us TO: Mayor, Councilmembers, City Administrator n Lisa Shadick, Administrative Services DirectV FROM: SUBJECT: Annual Organizational Matters DATE: January 5, 2009 INTRODUCTION State law requires that the City Council address annual organizational matters during its rust regular meeting of the year to make certain designations and appointments. DISCUSSION The Council has traditionally taken this time to approve the following actions affecting either process or procedures. 10a(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 the highest number of votes in the 2006 General Election and serving the third year of her term, is eligible for appointment as Acting Mayor. 10a(2). Official Publication - Per State Statute 331A.04 Subd.2, the Farmington Independent is the only publication located within the City's corporate limits and as such the City is required to designate it as the City's legal newspaper. The City has also received the attached bid from Thisweek Newspapers to become Farmington's legal newspaper. The City Council has the authority to designate more than one legal newspaper. If two publications are chosen as the City's legal newspaper, official notices must be submitted to both papers. This additional expense was not included in the 2009 budget. IOa(3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2009. The reappointment of Joel Jamnik is recommended. lOa(4). Consulting Engineers - The firm of Bonestroo, Rosene, and Anderlik & Associates (BRAA) has submitted information regarding services that are available to the City, along with 2009 Rate Schedules for both Private and Public Developments. BRAA has provided the City 7-1 with exceptional service, value and expertise on a range of City projects. The appointment of BRAA as the City's consulting engineers for 2009 is recommended. 10a(5). Official Depositories - Please refer to the attached memo from the Finance Director that identifies official City depositories for fiscal year 2009. 10a(6). Process Servers - The Farmington Police Department is the designated City Process Servers for 2009. 10a(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 adequate to meet City needs. 10a(8). Fees and Charges - At the December 15, 2008 City Council meeting, Council adopted Ordinance 008-598 establishing fees and charges for the year 2009. No further action is necessary. lOa(9). Boards and Commissions - Interviews will be held on Wednesday, January 14, 2009 at 5:30 p.m. for the purpose of selecting Commission candidates. lOa(10). ALF Ambulance Board Appointment Primary and Alternate - A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2009. Councilmember Wilson currently serves as the primary representative. 1 Oa(11). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a Councilmember or representative to serve on this multi-jurisdictional board in 2009. In 2008, Mayor Soderberg served on this board and is willing to continue to serve as a resident representing Farmington if Council so desires. lOa(12). Joint Farmington/Empire Planning Advisory Committee Appointments - Appoint and/or acknowledge a Councilmember, a staff member and at-large member (Planning Commission representative) to this board. In 2008, Councilmember Fogarty, the City Administrator, Peter J. Herlofsky, Jr. and Planning Commission Member Todd Larson served on this committee. lOa(13). MUSA Review Committee Appointments - Appoint two Councilmembers to serve on this board in 2009. Councilmember Wilson currently serves on this board. lOa(14). Farmington/Castle Rock Discussion Group - Appoint and/or acknowledge a Councilmember, a staff member and at-large member (Planning Commission representative) to this board. In 2008, the City Administrator, Peter J. Herlofsky, Jr. and Planning Commission Member Todd Larson served on this board. IOa(15) Dakota Communications Center Board - A Primary and an alternate Councilmember will need to be appointed to the Dakota Communications Center Board of Directors. This appointment is for two-years. 7-2 10a(l6). Appointment of Director and Alternate to Logis - Appoint Robin Roland as Director and Brenda Wendlandt as Alternate to Logis for 2009. 1 Oa(l 7). Responsible Authority for data practices appointment - Appoint, by resolution, City Administrator, Peter J. Herlofsky, Jr. as responsible authority for data practices and Brenda Wendlandt as compliance officer and Brian Lindquist as responsible authority for law enforcement for 2009. ACTION REOUIRED Approve the above actions as indicated on the attached form. Respectfully submitted, ~d\Pta.~ Lisa Shadick Administrative Services Director 7-3 COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 5, 2009 , second by as follows: MOTION by 10a(I). That Councilmember Fogarty be designated as Acting Mayor from January 6, 2009 through December 31, 2009. 10a(2). That the Farmington Independent be designated as the official publication from January 6,2009 through December 31, 2009. 10a(3). Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 6, 2009 through December 31, 2009. 10a(4). Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2009. 10a(5). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments. Smith Barney Inc., and Roundbank (Farmington) be designated as the Official Depositories from January 6, 2009 through December 31, 2009. 10a(6). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2009. 10a(7). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(8). ORDINANCE NO. 008-598 Establishing Fees and Charges for licenses and permits for 2009 was adopted December 15, 2008. 10a(9). Appointments to Boards and Commissions - Candidates will be interviewed January 14, 2009 and appointments will be made at the January 20, 2009 Council Meeting. 10a(10). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. 10a(11). Appoint Councilmember Committee. as the City's representative to the CEEF 10a(12). Appoint Councilmember, , Staff member and a Planning Commission member on the Farmington/Empire Planning Advisory Committee. 10a(13). Appoint Councilmembers Review Committee. and to the MUSA 7-4 10a(14). Appoint Councilmember , Staff member and a Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(15). Appoint Councilmember as the Director and Councilmember as the alternate to the Dakota Communications Center Board of Directors. 10a(16). Appoint Robin Roland as Director and Brenda Wendlandt as Alternate to LOGIS for 2009. 10a(17). Appoint by resolution Peter J. Herlofsky, Jr. as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2009. APIF, MOTION CARRIED. 7-5 I dFARMINGfOCi n epen ent 312 Oak Street, P,O, Box 192 Farmington, MN 55024 Tel: 651-460-6606 Fax: 651-463-7730 Email: gm1@farmingtonindependent.com Farmington City Council 430 Third 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 2009. Thank you for your consideration. Sincerely, Chad Hjellming General manager Farmington Independent /a{:z ) 7-6 I dFARMINGroCi n epen ent 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 2,250. (e) The Farmington Independent newspaper is based at 312 Oak 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. 7-7 I dFARMINGfOCi n epen ent 2009 legal printing rates The price per inch for printing legals in the Farmington Independent for 2009 will be $7.60. Legal copy in the Farmington Independent has the following dimensions: Column width in picas 10 Line length in picas 10 Number of lines per inch 10.5 Length of the lower case alphabet, in points 78 Type size, in points 6 7-8 This 12190 County Road 11 Burnsville, Minnesota 55337 DAKOTA COUNTY TRIBUNE. INC. 952-894-1111 · Fax 952-846-2010 City of Farmington City Hall 430 Third Street Farmington, MN 55024 December 1, 2008 Please accept this bid for legal newspaper for the City of Farmington. We have a dedicated staff as well as the largest circulation to handle your legal notices in an efficient manner. We continue to implement new changes in the newspaper to benefit our Farmington readers. We feel it is important to provide the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. We would like to print your legal notices in Thisweek Newspapers Farmington/Lakeville edition. By designating Thisweek Newspapers as your legal newspaper, your legal notices will reach 29,152 homes. Our deadlines are excellent; notices received by Tuesday 4 p.m. will be printed in our Friday publication. Our prices are very compatible. Please see attached. We can also print your legal notices in the Dakota County Tribune. The Dakota County Tribune is a subscription paper that has been providing local news to the residents of Dakota County since 1883. Our staff is very experienced in helping municipalities place their legal notices. We would prefer to accept your legal notices bye-mail atbv.legals@ecm-inc.com. However, we can also accept your legal notices by fax at 952-846-2010. If you have any questions, please feel free to call me at 952-846-2007. Thank you for your consideration. ' ~. Eva Mooney Business Manager Enclosure (I) 7-9 ",. Quotation Form for City of Farmington OPTION A) Thisweek FarmingtonlLakeville Number of lines per column inch Printed characters and spaces per line Total characters and spaces per column inch 10 Average 45 Average 450 Per line cost $0.95 Per column inch cost Per column inch cost for e-mailed (Word or InDesign notices) ads Circulation $9.50 $9.00 29,152 Legal notice deadline Tuesdays @ 4 p.m. OPTION B) Dakota County Tribune - subscription newspaper Number oflines per column inch Printed characters and spaces per line Total characters and spaces per column inch Per line cost 10 Per column inch cost for e-mailed (Word or InDesign notices) ads Circulation Average 45 Average 450 95~ $9.50 $9.00 1250 Per column inch cost Legal notice deadline Tuesdays @ 11 a.m. OPTION C) Thisweek BurnsvillelEagan & Dakota County Tribune Number of lines per column inch Printed characters and spaces per line Total characters and spaces per column inch Per line cost Per column inch cost Per column inch cost for e-mailed (Word or InDesign notices) ads 10 Average 45 Average 450 $1.90 $19.00 $18.00 Circulation 30,402 Legal notice deadline DCT- Tuesdays @ 11 a.m. / Thisweek- Tuesdays @ 4 p.m. Date 12/0112008 By Eva Mooney Business Manager 7-10 Thomas J. Campbdl Roger N. Knutson Thomas M. Scott Elliott B Knctsch JoclJ.Jannik Andrea McDowell Poehler Soren M Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Cynthia R. Kirchoff Marguerite M. McCarron 1380 Corporate Center Curn Suite 317' Eagan, MN 55121 651-'152- 5000 F.,x 651- 151-5550 .ck-Iaw.com lOa-G) CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6219 E-mail Address:jjamllik@i:k-lmv.com December 22, 2008 Mr. Peter J. Herlofsky, Jr., City Administrator City of Farmington 430 3rd Street Farmington, Minnesota 55024 RE: 2009 BILLING RATES Dear Peter: We appreciate very much the opportunity to provide legal services to the City, and respectfully request reappointment as the City Attorney. We look forward to continuing our long-term professional relationship with the City. Our goal is to provide quality legal services in the most cost-effective manner, but like other businesses our cost of doing business continues to increase, including health and professional insurance, rent, and computer expenses. Consequently, we are proposing an increase in our rates, as shown on the enclosed redlined version of the proposed agreement for legal services. Thank you for your consideration. Sincerely, CAMPBELL KNUTSON Professional Association ~~~ . oel J. J JJJ:srn Enclosures 7-11 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2009200&, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Associatioll, 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 perform general civil municipal and criminal prosecution legal services for the City. 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 terminated without cause by resolution ofthe City Council. 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 termination becomes effective. 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$14.500.0014,000.00, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 7-12 59775v15 JJJ:r12/30/2008 1 Civil Municipal Partners Associate Attorneys Legal Assistants $150.00145.00 $140.00135.00 $100.00 Legal services subject to inclusion in the combined $14,500.0014,000.00 monthly fee cap are: 59775v15 JJJ:r 12/30/2008 . Attending all City Council meetings, other City board, commission or committee meetings as required by the City Councilor 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 Council and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department 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. . Meetings with the City Administrator and Department 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 unresolved 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, securities and insurance requirements required by and for City contracts or activities. 2 7-13 · Reviewing documents submitted by bond counsel 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 $130.00125.00 $110.00105.00 $ 65.00~ The following legal services would be billed at the civil municipal hourly rate outside of the monthly fee cap: Prosecution legal services: . Criminal appeals. . Forfeitures of motor vehicles and weapons pursuant to state law. . Prosecution of ordinance violations initiated by any City department other than the police department. Civil legal services: . Active representation ofthe City in agency or legislative proceedings. . Grievance or interest arbitration. . Real estate sales or acquisition. . Litigation and appellate matters. . 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. 7-14 59775v15 JJJ :rl 2/30/2008 3 C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. 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.) E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the 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 ofthe Farmington 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, Attorney shall inform the City of the conflict. Attorney may: 59775v15 JJJ:r 12/30/2008 4 7-15 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 ofthat client. 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 ofthe Farmington City Council. I Dated: ,20_G+. CITY OF FARMINGTON BY: Todd Larson,Kevan .^~. Soderberg, Mayor BY: Peter J. Herlofsky, City Administrator I Dated: ,20 G+. CAMPBELL KNUTSON Professional Association BY: Joel J. Jamnik Vice President BY: Elliott B. Knetsch Vice President 7-16 59775v15 JJJ:r 12/30/2008 5 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association TillS AGREEMENT, effective January 1, 2009, is by and between the CITY OF FARMINGTON, a Minnesota municipal 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 RELATIONSIllP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. 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 terminated without cause by resolution of the City Council. 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 termination becomes effective. 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$14,500.00, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 59775v15 JJJ:rl2/30/2008 1 7-17 Civil Municipal Partners Associate Attorneys Legal Assistants $150.00 $140.00 $100.00 Legal services subject to inclusion in the combined $14,500.00 monthly fee cap are: 59775v15 JJJ:r12/30/2008 7-18 . 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 Council and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department 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. . Meetings with the City Administrator and Department 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 unresolved matters. . Providing a legal briefmg 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, securities and insurance requirements required by and for City contracts or activities. 2 . Reviewing documents submitted by bond counsel 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 $130.00 $110.00 $ 65.00 The following legal services would be billed at the civil municipal hourly rate outside of the monthly fee cap: Prosecution legal services: . Criminal appeals. . Forfeitures of motor vehicles and weapons pursuant to state law. . Prosecution of ordinance violations initiated by any City department other than the police department. Civil legal services: . Active representation of the City in agency or legislative proceedings. . Grievance or interest arbitration. . Real estate sales or acquisition. . Litigation and appellate matters. . 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. 59775v15 JJJ:rI2/3012008 3 7-19 C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. 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.) E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the 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 ofthe Farmington 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, Attorney shall inform the City of the conflict. Attorney may: 59775v15 JJJ:rl2/30/2008 4 7-20 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. 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 Farmington City Council. Dated: ,20_ CITY OF FARMINGTON BY: Todd Larson, Mayor BY: Peter 1. Herlofsky, City Administrator Dated: J2-e-<-..20 , 20 08. CAMPBELL KNUTSON Professional Association ~ BY:. " ool j. )1iIImi' - Vice ,Rresident BY: Et~ Vice PresIdent 59775v15 JJJ:r12/30/2008 5 7-21 /OtLG) 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com December 5,2008 . Bonestroo Mr. Peter J. Herlofsky Jr. City of Farmington 430 Third Street Farmington, MN 55024 Re: 2009 Rate Schedule Dear Peter: Thank you so much for allowing us over the past year to provide you with our wide range of services. We have greatly appreciated the opportunity to help plan and implement your municipal projects. To help you budget and prepare for projects in the New Year, we have enclosed our 2009 Hourly Rate Schedule. We understand the financial constraints cities are being put under in today's economy. To best serve our clients, Bonestroo is committed to keeping our technical capabilities innovative and efficient. With the tough economy, and a continued rise in the cost of living, we are proposing to hold our rates to an increase of 2.5%, rounded to the nearest dollar. It is further proposed that the monthly retainer amount for General Engineering Services remain at $2,500 per month in 2009. We are sensitive to your desire to control costs and the impacts it has on your residents. Please be assured that we are striving internally to minimize cost increases to our clients. We highly value our relationship with you. We will continue to focus our efforts on providing the City with high quality service while being sensitive to your budget. Please do not hesitate to contact us with any questions. We look forward to continuing our services to you in 2009. Sincerely, BONESTROO Lee M. Mann, P.E. Client Service Manager 651-604-4850 tt~~~ CEO 651-604-4830 ~M~ Enclosure St. Paul St. Cloud Rochester Milwaukee Chicago 7-23 Individual David Sanocki Eric Rose City of Farmington 2009 INDIVIDUAL RATES Classification 2008 $112.00 $81.00 Proj ect Manager Engineer 0/0 Increase 2.68% 2.47% 2009 $115.00 $83.00 2009 RATE SCHEDULE City Discounted Rates Inspector Survey Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per use) Flow Meter (per week) Air Detection Equipment (per half day) 2009 $ 125,00 - $ 159.00 $ 119,00 - $ 149,00 $ 110,00 - $ 228.00 $ 115,00 - $ 144.00 $ 110,00 - $ 144.00 $ 99,00 - $ 119.00 $ 127.00 - $ 157,00 $ 83,00 - $ 119.00 $ 83.00 - $ 119,00 $ 83.00 - $ 119.00 $ 83.00 - $ 104.00 $ 65,00 - $ 98.00 $ 44,00 - $ 67.00 $ 88.00 - $ 135.00 $ 68,00 - $ 107,00 $ 67.00 - $ 92.00 $ 46,00 - $ 67.00 Classification Senior Principal Principal Specialist* Project Manager Senior Engineerl Scientist I Architects ILandscape Arch, I Planner Architect I Landscape Architect Land Surveyor Engineer Planner Environmental Scientist Designer I GIS I Landscape Designer IGraphics Engineering Technician Project Technician Field Supervisor Crew Chief $ 38.00 $ 28.00 $ 22,00 $ 80.00 $ 200.00 $ 25,00 * Specialist: Experts in highly technical disciplines including Principal Planners and Market Analysts, These rates are adjusted annually in accordance with the normal review procedures of Bonestroo. 7-24' 2009 RATE SCHEDULE Standard Rates Environmental Scientist 2009 $ 140.00 - $ 199.00 $ 135.00 - $ 177.00 $ 129.00 - $ 166,00 $ 112,00 - $ 150,00 $ 112.00 - $ 148.00 $ 131.00 - $ 162.00 $ 93.00 - $ 137,00 $ 93.00 - $ 137.00 $ 93.00 - $ 127,00 $ 89.00 - $ 118.00 $ 77,00 - $ 115.00 $ 52,00 - $ 77.00 $ 91.00 - $ 159,00 $ 80.00 - $ 115.00 $ 75.00 - $ 104.00 $ 55.00 - $ 76.00 Classification Senior Principal Principal Project Manager Sr. Engineer I Scientist I Architect ILandscape Architect I Planner Architect I Landscape Architect Land Surveyor Engineer Planner Designer I GIS I Landscape Designerl Graphics Engineering Technician Project Technician Field Supervisor Crew Chief Inspector Survey Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per use) Flow Meter (per week) Air Detection Equipment (per half day) $ 39.00 $ 29.00 $ 23,00 $ 82.00 $ 205.00 $ 26,00 Rates for market experts, such as Principal Planners, Urban Designers and Market Analyst, will be quoted on a per project basis. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo. 7-25 J~G) City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Council members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Official Depositories of City Funds DATE: January 5, 2009 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's investment policy outlines qualifications of various depositories. In accordance with statute and City policy, the following vendors are recommended as depositories for fiscal year 2009: Anchor Bank of Farmington League of Minnesota Cities 4M Fund RBC Capital Markets Wells Fargo Investments Smith Barney Inc. Roundbank (Farmington) These depositories have received and will comply with the City investment policy. BUDGET IMPACT Revenues from investment interest are budgeted in 2009. ACTION REOUESTED Designate the above as City depositories for 2009. Respectfully submitted, /~~~ Finance Director 7-26 /OQ us) DAKOTA OC COf'vlf'v1UNICATIONS. 911 CENTER November 1 ilt, 2008 Peter Herlofsky City Administrator, City of Farmington 325 Oak Street Farmmgton,~ 55024 Re: DCC Board Reappointments Dear lVu. Herlofsky, With the approach of the New Year, I would like to draw your attention to the appointment process for the Dakota Communications Center Board of Directors. In accordance with DCC by-laws, Directors and Alternate Directors are appointed for two year terms. Seven members are required to appomt in January of odd-numbered years, while the other five members appoint m January of even-numbered years. In 2009, Farmington, Hastings, Inver Grove Heights, Mendota Heights, Rosemoimt, South St. Paul and West St. Paul are required to appoint a named elected official to serve as a Dire~tor and to designate another named elected official to serve as their Alternate. Directors and Altemates may be reappointed at the discretion of the member. In addition to the members who must appoint Directors and Alternates in January, 2009, Apple Valley, Burnsville, Dakota County, Eagan and Lakeville may need to make appointments in the event that a current Director or Alternate is leaving elected office or because of their governing board's appointment practices. . The current Director for Farmington is Mayor Kevan Soderberg and the current alternate is Councilmember David McKnight. The Board has approved a meeting schedule of the third Thursday of even numbered months at 8:00 am at the DCC. I would appreciate it if you would include DCC Board appointments on your January, 2009 agenda for action, followed by notification to the DCC of the action taken. . Please be sure to let me know if you have any questions regarding DCC Board appointment requirements. Thank you for your attention to this matter and your continuing efforts on behalf of the Dakota Communications Center. Sincerely, ~~ Kent Therkelsen Executive Director KT/jh DAI<CH/\ COUNTY F>~.,r-=<f\.'lINGTON ~'11-~STING5 IN\./E:f~ CRC)\JE HEICf---~T'S L..AI<EViLI_E tviEN(j()T,~ .'~EICJI--1TS RO,'iE~10UNT SOUTH ST P~,UL Vv'EST ST Pi',UL. 7-27 !"! EI'.15EJ=;S: .'-\F)PL.l::::' \/i\LLEY Bl.lr~r"JS\/iLL E E>-~C,...~\.~~ RESOLUTION NO. R -09 DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA PRACTICES COMPLIANCE OFFICER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of January 2009 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, hereby appoints Peter 1. Herlofsky, Jr., City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Brian Lindquist as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Brenda Wendlandt as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of January 2009. Mayor Attested to the _ day of January 2009. City Administrator SEAL IO~)) 7-28 lOb City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Appointment to Cedar Group and Minnesota Valley Transit Authority DATE: January 20,2009 INTRODUCTION / DISCUSSION The Cedar Corridor Transportation Infrastructure Improvement Group, (Cedar Group), serves as an advisory group that provides recommendations to the Dakota County Regional Railroad Authority (DCRRA) regarding transportation planning and project development processes for the Cedar Avenue BRT. The Cedar Group meets quarterly. The Minnesota Valley Transit Authority, (MVTA), is an independent transportation agency formed under state legislation that allowed outer-ring suburbs to "opt-out" of centrally provided transportation services. The MVT A meets monthly and the City of Farmington serves as an ex- officio member of this board. ACTION REQUIRED Appoint a Councilmember and the City Administrator to serve on the Cedar Group; and appoint a Councilmember and the City Administrator to serve on the MVT A. Respectfully submitted, ~4~ Lisa Shadick, Administrative Services Director 17-1 JOb City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ciJannington.mn.us TO: Mayor, Councilmembers, City Administrator~. Kevin Schorzman, P.E., City Engineer FROM: SUBJECT: Change Order #2- 195th Street Extension Project DATE: January 5, 2009 INTRODUCTION Council awarded the 195th Street Extension Project at the June 2, 2008, City Council meeting. DISCUSSION This change order includes payment for several items that were added to the contract due to existing field conditions. Item # 1 provides compensation to the contractor for extra work that was necessary to saw cut the opening in an outlet control structure due to the fact that the existing storm sewer pipe was approximately 6" lower than indicated on the plans. This appears to be an error in the surveying for the project, and as such, the surveying company has agreed to reimburse the City for the cost of this change. Items #2, #3, #4, and #5 were shown on the plan sheets, but inadvertently left off of the bid tab in the contract. The prices compare favorably to prices for other storm sewer related items in the contract. They also compare favorably to average bid prices being experienced on other contracts. Item #6 is an increase to the existing quantity for line item 16 (Muck Excavation) of the contract. Quantities were estimated based on a straight-line relationship between soil borings near the west abutment of the bridge. When excavation commenced in the field, there was not a straight-line relationship between the depth of the muck excavation in a certain location, and the location's distance from the soil borings. Items #7 and #8 were necessary due to the fact that the existing waterline in Mystic Meadows was located approximately 11.5 feet below grade rather than the typical 7.5 feet. Because of this, it was necessary to de-water to connect to the existing water line. It was also necessary to order additional materials to make the connection at the lower depth. 8-1 Change Order #2_195th Street Extension Project January 5, 2009 Page 2 of2 BUDGET IMPACT The budget impact of $25,302.37 is within the current project budget. The original contract amount for this project was $8,371,690.54. ACTION REOUESTED Approve, by motion, Change Order #2 for the 195th Street Extension Project in the amount of $25,302.37. Respectfully Submitted, ;It rj!/-- Kevin Schorzman, P.E. City Engineer cc: file 8-2 ~~ Bonestroo Owner: City of Farmington, 430 Third St., Farmington, MN 55024 Date December 22, 2008 Contractor: Friedges Contracting Co" 21980 Kenrick Ave" Lakeville, MN 55044 Bond Company: Merchants Bonding Co" 2100 Fleur Dr., Des Moines, IA 50321 Bond No: MNC 51334 CHANGE ORDER NO. 2 195TH STREET EXTENSION TO lH, 3 SAP NO, 212-102-004 BONESTROO FILE NO, 000141-06273-0 Description of Work This Change Order provides for compensation to the Contractor for work performed and necessary to the project as follows: Item No, 1 provides compensation for sawcutting the Outlet Control Structure 301 to allow for the connection to the existing storm sewer pipe which was a half of foot lower then described on the plan, Item No, 2 provides compensation for 12" RCP storm sewer between FES 13C and FES 13D, The storm sewer was shown on the plans however was not accounted for in the bid tabulation for the project. Items No, 3 and 4 provide compensation for 18" CMP storm sewer pipe and 18" aprons that were installed between FES 300 and FES 301 and between FES 302 and FES 303, The storm sewer and aprons were shown on the plans however were not accounted for in the bid tabulation for the project. Item No, 5 provides payment for the installation of storm manhole 13A Manhole 13A was shown on the plans however was not accounted for in the bid tabulation for the project. Item No, 6 provides payment for the additional muck excavation along the west bridge abutment. The additional volume was a result of the muck material being deeper then anticipated, The designed quantity was estimated by averaging the depth of muck shown on the soil borings north and south of the west abutment. Items No, 7 and 8 provide compensation for dewatering and shipping costs associated with the existing watermain being lower then anticipated, The plan was based off the typical watermain depth of 7S and was discovered in the field to be at a depth of 11.5'. A B C (B-A) X C Revised Total Contract Contract Change Order No, Item Unit Quantity Quantity Price Amount CHANGE ORDER NO, 2 SAWCUT OUTLET CONTROL STRUCTURE 301 TO LS $600,00 $600,00 MAKE CONNECTION TO EXISTING PIPE WHICH WAS OS LOWER THAN ANTICIPATED 2 ADD BID ITEM - 12" RCP STORM SEWER, LF 40 $13.25 $ 530,00 CLAS S 5 3 ADD BID ITEM - 18" CMP STORM SEWER, LF 136 $18,57 $2,525,52 INCLUDES BANDS 4 ADD BID ITEM -18" APRONS EA 4 $101,20 $404,80 5 ADD BID ITEM - 8' DIAMETER STORM MH WITH EA 1 $2,992,50 $2,992,50 SUMP 14106273CH02 COF 9-3 A B C (B-A) X C Revised Total Contract Contract Change Order No, Item Unit Quantity Quantity Price Amount 6 INCREASE IN QUANTITY - LINE ITEM NUMBER 16 - CY 12428 17464 $2.40 $12,086.40 MUCK EXCAVATION, CONTRACT QUANTITY WAS ESTIMATED BASED ON SOIL BORINGS, ACTUAL QUANTITY WENT BEYOND CONTRACT QUANTITY 7 ADDITIONAL DEWATERING FOR WATERMAIN LS $5,817,85 $5,817,85 INSTALLATION, EXISTING WATERMAIN WAS 4' LOWER THAN ANTICIPATED, 8 SHIPPING COSTS FOR ADDITIONAL MATERIALS LS $345,30 $345,30 FOR CONNECTION TO EXISTING WATERMAIN THAT WAS 4' LOWER THAN ANTICIPATED, TOTAL CHANGE ORDER NO, 2: $25,302,37 14106273CH02 COF 8..+ Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO /kv:{ Ii,-~ "I " Approved by Contractor: FRIEDGES CONTRACTING CO. ~I /:;:;~ .... .::;:'7/' /J~".dX" --7::>" / ---- t:<=c'-:"<G! ,,;-v ~ ../-'-/ " I ./ ~~. '~.c~ Date //~tc; / / cc: Owner Contractor Bonding Company Bonestroo & Assoc 14106273CH02.xls Date: . / _ ("'" '."'J "), c.. / (./ 2.. t./ Ot(j $8)71,690 54 $0.00 $25,302,37 $8)96,992,91 Approved by Owner: CITY OF FARMINGTON Date 8-5 /30- City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Council Pictures DATE: January 5, 2009 INTRODUCTION When new members are elected to the City Council, it is customary to have photos taken for historical purposes. DISCUSSION Photos will be taken at Heikkila Studios. There will be three individual photos taken for the new members and one group photo of all five members. This will take approximately lh hour. BUDGET IMPACT Cost for the sitting fee, all rights to use images, 8x 1 0 photo, frame and matting is approximately $450. ACTION REQUESTED Select January 12 prior to the Council Workshop or January 20 prior to the Council Meeting to have photos taken. Councilmembers would need to meet at Heikkila Studios at 5:45 p.m. Re:~. ~~~.~~~~. sUbmitted., ~1. ..... / , ) \L 1 Ii . ./ . i' \ " . ."". f ' . -" . , "".--r"" ' I I / ,_/ :J:~ . J/' ~j/ / 7 Peter J. Herlofs~YyJr. f t/ ! City Administrat6r 9-1 /36 rlBlllGTOI PIRI JIPIITIII! 111.1111111191DlJfJ 430 Third Street Farmington, MN 55024 651-280-6940 To: Firefighters, City Staff, DCC, ALF, Townships Subject: Annual Meeting Dear Friends, It is that time of the year once again. The Farmington Fire Departments Annual Meeting will be taking place on 1/16/2009. It will be held at the newly remodeled American Legion, 10 8th Street. Social hour is at 6:00pm, dinner will start at 7:00pm. We will be covering 2008 statistics, highlights, awards and Firefighter of the Year. We have also made an exciting change to the menu, a prime rib dinner will be served! Please RSVP to Tim Pietsch @ 651-755-2428 or 651-280-6940 by January 4th, 2009 so we can order the dinners from the Legion. We look forward to seeing you on this special day. Best Regards, Tim Pietsch Farmington Fire Chief 10-1 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.