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Home My WebLink About03.02.09 Council Packet 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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING MARCH 2, 2009 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee Liquor Operations b) Introduce New Firefighter 0. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/17/09 Regular) b) Adopt Resolution - Gambling Event Permit - Administration c) Approve Sale of VHF Radios - Fire Department d) School and Conference - Fire Department e) School and Conference - Parks and Recreation f) January 2009 Financial Report - Finance g) Joint Powers Agreement Farmington Area Transportation Study- Engineering h) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report - Natural Resources Page 9 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS UNFINISHED BUSINESS a) Approve Old City Hall Improvement Project - Parks and Recreation b) Approve Submittal of Final Application to Dakota County's Farmland and Natural Areas Program - Parks and Recreation Page 10 Page 11 c) 2009 Budget Update - Administration/Finance 12. NEW BUSINESS a) Vehicle Weight Limit Permit - Engineering b) Approve HiPP Memorandum of Understanding and Appoint Councilmember - Administration 13. COUNCIL ROUNDTABLE a) Appoint Councilmember to CEEF - Administration (verbal) b) ADAAA and FMLA Training - Human Resources (verbal) c) Training Update - City Attorney (verbal) 14. ADJOURN Page 12 Page 13 Page 14 City of Farmington 430 Third Street Farmington, MN 55024 SCANNED Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING MARCH 2, 2009 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Introduce New Employee Liquor Operations b) Introduce New Firefighter March 16,2009 March 16, 2009 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/17/09 Regular) b) Adopt Resolution - Gambling Event Permit - Administration c) Approve Sale of VHF Radios - Fire Department d) School and Conference - Fire Department e) School and Conference - Parks and Recreation f) January 2009 Financial Report - Finance g) Joint Powers Agreement Farmington Area Transportation Study- Engineering h) Approve Bills Approved R10-09 Approved Approved Approved Information Received Approved Approved 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report - Natural Resources Information Received 9. AWARDOFCONTRACT a) 195th Street Street Lighting Project - Engineering R11-09 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Approve Old City Hall Improvement Project - Parks and Recreation b) Approve Submittal of Final Application to Dakota County's Farmland and Approved Natural Areas Program - Parks and Recreation c) 2009 Budget Update - Administration/Finance 12. NEW BUSINESS a) Vehicle Weight Limit Permit - Engineering b) Approve HiPP Memorandum of Understanding and Appoint Councilmember - Administration 13. COUNCIL ROUNDTABLE a) Appoint Councilmember to CEEF - Administration (verbal) b) ADAAA and FMLA Training - Human Resources (verbal) c) Training Update - City Attorney (verbal) 14. ADJOURN Denied Reductions Approved Cont'd. 3/9/09 Approved Approved Mayor Larson Information Received Information Received 70- COUNCIL MINUTES REGULAR FEBRUARY 17,2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Donnelly, May, Wilson Fogarty Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Jen Dullum, Natural Resources Specialist; Randy Petrofske, Liquor Operations Manager; Cynthia Muller, Executive Assistant Annette Kuyper, Kevin Stadler 4. APPROVE AGENDA Councilmember May pulled items 7d) School and Conference - Parks and Recreation and 7n) Bills for discussion. Councilmember Wilson pulled items 7b) North Creek Rehabilitation Project Contract and 7c) Submittal ofa Revised Application for Landfill Abatement Funds for discussion, Mayor Larson added item 70) Appointment Recommendation Fire Department, City Administrator Herlofsky clarified item 12a) HiPP Memorandum of Understanding has been removed from the agenda, and added 12b) Census Bureau Training Issue. MOTION by Wilson, second by May to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Annette Kuyper, 20530 Dyers Pass, had several announcements regarding Farmington's Warrior to Citizen campaign. Beginning Saturday, Farmington will be hosting the Oral History Exhibit which is touring the state of Minnesota. Veterans and Military families are invited to the opening gala on Saturday. This is sponsored by the VFW. The exhibit is also going to Washington DC. It highlights recent veterans and their stories and there are five Farmington soldiers in the exhibit. The first fundraiser will be a spaghetti dinner on March 7, from 5-8 pm at the American Legion. On March 12, the campaign will be hosting the first law enforcement training curriculum presented by the upper midwest community policing group. Police officers will receive post credit for 1-1 Council Minutes (Regular) February 17,2009 Page 2 attending the training. It highlights the unique challenges of returning veterans. It will highlight how police officers can interact with returning veterans. Farmington continues to set the standards for Warrior to Citizen groups throughout the state. Ms. Kuyper has been invited to present Farmington accomplishments at the U ofM Statewide Warrior to Citizen Working Group. Not only has the committee been hard at work with all the action plans, but the response from City leadership and the community has been a key factor in their success. She will share with the working group what the City of Farmington has done for our veterans and our military in the City. She thanked City staff leadership and the community for a great partnership. Mayor Larson thanked Ms. Kuyper for her hard work. 7. CONSENT AGENDA MOTION by Wilson, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes (2/2/09 Regular) (2/9/09 Special) (2/9/09 Workshop) e) Approved School and Conference - Parks and Recreation f) Approved School and Conference - Natural Resources g) Received Information School and Conference - Municipal Services h) Received Information Capital Outlay - Municipal Services i) Approved Appointment to Parks and Recreation Commission - Administration j) Approved Appointment Recommendation Liquor Operations - Human Resources k) Approved Temporary On-Sale Liquor License - Administration 1) Adopted RESOLUTION R8-09 Approving Gambling Event Permit - Administration m) Accepted Grant Funding - Fire Department n) Approved Bills 0) Approved Appointment Recommendation Fire Department - Human Resources APIF, MOTION CARRIED. b) Approve North Creek Rehabilitation Project Contract - Natural Resources Councilmember Wilson asked for a clarification regarding the contract resulting in a $100,000 reduction in the North Creek rehabilitation cost. Natural Resources Specialist Dullum explained stafftook a proposal to the Vermillion River Joint Powers Board in 2007. They put it in their budget to grant Farmington $100,000 for the project. This was recently passed because the project is coming to completion. The contract is to receive the funds from the Joint Powers Board. MOTION by Wilson, second by May to approve the contract between the City and the Vermillion River Watershed Joint Powers Board. APIF, MOTION CARRIED. c) Approve Submittal of a Revised Application for Landfill Abatement Funds- Municipal Services Councilmember Wilson noted the City will be receiving money from Dakota County, but wanted to clarify if the net result is an expense to the City or a gain in terms of a grant. Municipal Services Director Reiten explained last year the City received $18,000 for recycling promotion. When the City switched to single sort recycling, the County asked if they could do a study to see how much of a 1-2 Council Minutes (Regular) February 17,2009 Page 3 difference there is between dual stream and single stream recycling. Council needs to approve receiving the money from the County. Staff will bring the results from the study to Council. MOTION by Wilson, second by May to adopt RESOLUTION R7-09 approving submittal of a revised grant application to Dakota County. APIF, MOTION CARRIED. d) School and Conference - Parks and Recreation Councilmember May noted at each Council meeting there are a number of training requests. She stated training is very important, but wanted to caution staff that in today's economic times we need to be extremely selective. For this training, she was not sure if it was appropriate at this time. She asked what the benefit would be for this session. Parks and Recreation Director Distad noted both Kellee Omlid and Missie Kohlbeck have expressed interest in this training as much of their job focuses on customer service through the Rambling River Center, program participants, handling phone calls, online registration, etc. Disney is the leader in providing customer service. Councilmember May asked if it would be possible to send one employee. Staff felt this is an option, but both have expressed interest. Councilmember May noted the training is around the first of May which is a busy time. Councilmember Wilson agreed, but he has more of a concern with out of state travel, which this one is not. He asked staff to provide Council with an itemized calendar for training for the year. Councilmember Donnelly felt it was a good opportunity and it is within the cities. These trainings usually pay back. City Administrator Herlofsky noted one of the reasons they go to training, is during the summer a large number of young people are hired. They are looking for additional help with their training. MOTION by Donnelly, second by Wilson to approve sending two employees to the Disney training. Voting for: Larson, Donnelly, Wilson. Voting against: May. MOTION CARRIED. n) lJills Councilmember May had several questions regarding items on the list of bills and staff responded to all questions. MOTION by May, second by Donnelly to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approve Feasibility Report, Authorize Plans and Specifications 2009 Trunk Utility Project - Engineering This is a combination of the 4th Street trunk storm sewer extension which goes from a Y2 block south of Elm Street to Y2 block north of Walnut Street, and the 5th Street trunk sanitary sewer improvement which is within the same limits. These 1-3 Council Minutes (Regular) February 17,2009 Page 4 two projects are necessary to allow the reconstruction of Walnut Street in the near future due to the deteriorating conditions of the road and the utilities. The last project is the Denmark trunk sanitary sewer extension project. This ties into the Met Council's interceptor line along the new extension of Spruce Street, west of Denmark, behind the fire station and then follows the right-of-way line of Denmark to Ash Street. The purpose of this project is to provide a tie-in when the City does a reconstruction of the Westview neighborhood. This area is on a lift station and this project would allow for the removal of that lift station and also provide for the elimination of the lift station near St. Michael's Church, and provide sewer access to properties west of Denmark and south of Ash Street that could develop in the future. The cost of the 4th Street project is $890,000, 5th Street $850,000, and Denmark $1,250,000. Councilmember Wilson confirmed this was not an assessment project and asked which fund the money is coming from. City Engineer Schorzman stated it is coming from the funds for sanitary, storm, and water. In total there is $1.7 million from the sanitary fund, $800,000 from the storm fund, and $400,000 from the water fund. Finance Director Roland noted there is a separate sewer trunk fund which substantially contributes to this project. Councilmember Wilson did not see the necessity for the project. We have a sewer project that is not linked to a road reconstruction project. He felt it would be more logical to pair the sewer project and a reconstruction project together for the 4th and 5th Street projects. City Engineer Schorzman noted the money would not be wasted. One of the issues is the majority of the house services tie into the east-west streets such as Walnut. There are not a lot of services along 4th and 5th were you could assess a portion of the project to the properties. Councilmember Wilson felt it did not seem practical to tear up a road when there is not an immediate need. Staff explained the need comes from Walnut Street for capacity in both the sanitary and the sewer when Walnut Street is done. The City has been repairing Walnut on a regular basis, piecing the sewer back together. Councilmember Wilson asked why we don't do 4th, 5th, and Walnut at the same time. City Engineer Schorzman noted that could be done, and to do so we would have to let this project very early in the spring, as it will have to be phased where 4th and 5th Street happen first to get the utilities up to the lf2 block south of Walnut before work is done on Walnut or the congestion in the downtown area will be very difficult. Councilmember Wilson confirmed that the school property on Walnut would be assessed. He would rather look at the project next year as with all the expenses the school district has, they would not be too pleased to see a large assessment this year. He would also like to give residents enough time to know a major project is coming. As far as Denmark, he asked previously if this could be done with development. City Engineer Schorzman stated it would wait for development, however if that does not happen prior to the need to do the reconstruction in the Westview neighborhood, then we would have to decide whether to do this project at the same time or replace the lift station. The Westview project is in the CIP for 2-3 years from now. Councilmember Wilson stated it would be hard to support any of theses projects with taking money from City funds, even though those funds 1-4 Council Minutes (Regular) February 17,2009 Page 5 cannot be used for the budget. City Engineer Schorzman clarified these projects would not be assessed this year. Councilmember May had questions with engineering costs. As 4th and 5th Streets cannot be done with Walnut, it would make sense to relieve some of the congestion and get those done this year and Walnut in the next year or two. With Denmark her concern was with possible right-of-way acquisitions and no anticipated cost number. City Engineer Schorzman stated after the report was completed, staff met with one land owner the City would be acquiring easements from, and they were very receptive to the project. Staff tried to keep the sewer line within easements or setbacks that would occur when the property is platted, therefore placing it in an area that would not have financial impact to the land owner. City Administrator Herlofsky stated the completion of this project will be favorable to development in this area. Councilmember May questioned the 27% engineering, legal, and administration cost. It is a large number for each of the projects and asked for a breakdown of the 27%. Finance Director Roland replied the standard 27% is used by engineering firms in cities consistently across local government. This includes 17% for engineering costs and 10% estimated legal and administration costs. The actual costs are charged against the project when it occurs. The 17% engineering cost is for the feasibility study, staking, surveying, and inspection ofthe project. Mayor Larson asked if the 17% could be negotiated with an engineering firm. Finance Director Roland stated it is not a set fee, it is a budgeting consideration. Mayor Larson asked staff to provide the engineering cost for the downtown Spruce Street project. Councilmember May asked we are not choosing an engineering firm or a firm price, this is just the budget number. City Engineer Schorzman stated it is a budget number to cover engineering expenses for the consultant engineer and the City's engineering time. Councilmember May asked when do we decide we need to use a consultant engineer and when do we do the work ourselves. Ifwe have someone who completes the feasibility report, is there any reason they cannot complete the balance of the work. The numbers for the engineering are big numbers. City Engineer SchorZffian stated there is a reason on projects like this we do not do in- house design. He is the only licensed engineer that is a City employee. There is one other Engineering Technician. With the amount of work we have outside of designing projects, these things would not get done. Councilmember May stated if most of the work is planned out, and the numbers are big, would it make sense to hire another licensed engineer on our staff. City Administrator Herlofsky stated last year when we hired a City Engineer, we eliminated an Assistant City Engineer position. The advantage of using a consultant is, if there is no work you do not layoff 1-3 people. If you have a busy summer, you bring them in and then they go away. During the summer the desks are filled with engineers, and now there is a much lighter staff. Councilmember May stated if we decide to have a leaner engineering staff, should we wait until that person has time to manage some of the projects. City Administrator Herlofsky stated Minnesota has two seasons - winter and construction. During construction time is when we try to do everything. During the winter we get caught up and plan for the next year. The 1-5 Council Minutes (Regular) February 17,2009 Page 6 Bonestroo contract will be discussed at the next workshop and he will provide a spreadsheet explaining how the work is done. If we change engineering firms, he recommended it be done at the first of the year, not during mid-construction. Councilmember Donnelly noted he has also seen the 27% engineering costs in other projects. If we do not do the projects, no one's taxes will go down, and no money will be taken from the general fund that we can spend in other ways. If we do not do the projects, we will have to budget for fixing things through the year. He sees this as not increasing taxes, improving the City's infrastructure, and putting people to work. Staff has gone to lengths to put projects on the table that do not include assessments in these hard times. Mayor Larson asked how much we would save on engineering costs if we did the work in-house compared to consultants. City Engineer Schorzman was not sure there would be a savings. City Administrator Herlofsky noted the engineering cost is there no matter which way you do it. We still have 195th Street. We thought these were good projects to do and do not create assessments. City Engineer SchorZffian stated with the size of staff we have and were we are with development in the City, our staff is much more in line with doing more of the rehabilitation type projects proposed in the CIP. The expertise it takes to design sewer systems to make sure the grades are right, is something not easily gained, and very quickly lost if you do not work with it over time. Councilmember Wilson asked about the balance in the funds we would be using. Finance Director Roland replied the trunk storm sewer fund is at $4 million, the trunk water fund is at $5 million and the sewer fund and trunk sewer fund are just over $3 million. These are funded through developer fees that have been collected over time for the purpose of constructing trunk facilities within the City. Councilmember Wilson was fine with the 4th and 5th Streets, but felt it makes sense to do them with Walnut. If they are done independently from Walnut, it does not make sense. He would rather do them in conjunction with a project we need. As far as Denmark, it sees this as an opportunity to say here is a cost we will incur if you develop in this area. City Engineer Schorzman stated the benefit to future developing projects are a secondary benefit. The benefit is to have the sewer there when we do Westview and having the opportunity to get rid of two lift stations. Councilmember May stated staff has done a good job in choosing projects that do not have assessments right now. She noted in an effort to reduce costs, one feasibility report was prepared for all three projects. It makes sense to get these projects done now. Mayor Larson asked how much of Denmark will be torn up. Staff stated it will be in an easement on private property abutting the right-of-way. No pavement on Denmark will be torn up. The area will be in outlots, fields, and ditches, except for hooking up to the fire station. Mayor Larson noted the report shows five acres 1-6 Council Minutes (Regular) February 17,2009 Page 7 of erosion control blanket with turf seeding. He suggested using straw mulch and a general roadside seed mix to save money. Staff will research this. He would also like to do 4th and 5th Streets with Walnut, but would like to do Denmark now. Councilmember Donnelly asked how big the Walnut Street project is. Staff replied it is from TH3 to 3rd Street. It is in the CIP for 2010. City Administrator Herlofsky noted the report says 4th and 5th need to be done prior to or in a close time frame to Walnut Street. Walnut Street will need to be assessed. Finance Director Roland stated if they were included with the Walnut Street project, the trunk funds would still pay for the portion involved with the trunk and the assessments would be on those portions for lateral and street construction. City Engineer Schorzman stated the biggest hurdle with doing that is the traffic flow. It would be best to have 4th and 5 Street done first so you have some east-west connectivity through downtown before closing Walnut. MOTION by May, second by Donnelly to adopt RESOLUTION R9-09 approving the CIP plan for the west side of Denmark from Spruce to Ash Street, 4th Street 12 block south of Elm to 12 block north of Walnut, and 5th Street from 12 block south of Elm to 12 block north of Walnut. Voting for: Larson, Donnelly, May. Voting against: Wilson. APIF, MOTION CARRIED. b) Liquor Operations Analysis - Liquor Operations Liquor Operations Manager Petrofske gave an overview of liquor operations for 2008 and future events. For the downtown store, the customer count from 2007 to 2008 increased 7.8%. Some was due to the road construction in 2007. The customer count for the Pilot Knob location was down 3.2%, and sales were flat between 2007 and 2008. This was due to competition in surrounding areas, but customers are now returning. He presented an outline of sales growth for each store from 2004 to 2008. So far in 2009, sales are up from last year. Since 2005, liquor operations have contributed $190,250 to the general fund, $105,400 to the Park Improvement fund and the Arena fund, and $50,000 to the pool. They are watching employee expenses and doing more advertising. Sales are advertised on the website. There are weekly specials, a wine bag promotion with a discount, and wine tastings. There is also a wine in the park event, a holiday show in November and a wine tasting at Rambling River Days. Councilmember May noted there was a total of $451 ,000 transferred out over the last four years. In 2005 and 2006 there was a deficit and asked how money was transferred out if there was a loss. Finance Director Roland stated the part that goes to the general fund is for administrative fees. The loss was due to the transfer of the old liquor store building to the EDA. The transfer was monies at the liquor store and transferred to the general fund. Councilmember May asked about total other services and charges. Staff replied electric, gas, municipal services, professional services, credit card fees, travel, training, advertising, IT costs, etc. Councilmember May noted there was a lot of comparison of average sales per customer, but when it came to labor there is a comment that we pay both 1-7 Council Minutes (Regular) February 17,2009 Page 8 full time and part time significantly higher than surrounding municipalities. Staff noted this is due to the liquor staff being union personnel and it is part of their contract. Our rates are $3/hour more than surrounding communities. Mayor Larson noted profits from the liquor store do stay in the community. Councilmember Wilson asked if we accept checks. Staff replied we do and we use Telecheck. The funds are cleared immediately. Councilmember Wilson asked if we ID all customers. Staff replied they do and due to staff retention they know the customers. Staff also scans licenses. Councilmember Wilson asked if there was a correlation between the economy and liquor sales. Staff will be attending a conference next week and this information will be reviewed. Councilmember Wilson asked if there was responsible consumption information available. Staff noted the reason Cities have municipal control over liquor is to keep it out of the hands of the youth and those who are already over served. c) Draft 2008 Financial Report - Finance Council received preliminary numbers for 2008. The final financial report will be available in June. In May 2008 the budget was adjusted to cut revenues and expenditures of $350,000. In December 2008 the Governor unallotted the second half ofthe market value homestead credit that was due to the City. This is property taxes that the City levies, the County collects, and the State pays to Cities. It is part of the actual tax levy. The City did not receive $173,000. In December there was a lot of snow, and expenditures for snow plowing amounted to $100,000. This combination caused the City to show a deficit of $150,000 in operations for 2008. We were under revenues by $70,000 and over on expenditures by $90,000. The general fund showed revenues of $8.8 million and expenditures of $8.97 million. Councilmember May noted the handout on homestead credit says Cities do not budget for it. Finance Director Roland stated Cities budget for the levy and this is part of the levy. Councilmember May stated the handout reads the reimbursement makes up part of the City's levy; Cities do not budget for it. It is specifically talking about the reimbursement portion. Finance Director Roland stated it is not a separate line item and we have never looked at it as a reimbursement from the State. The Council levies property taxes against properties in the City. The State has determined that when we levy we should not consider the portion that they will give us back out of that as part of our levy. City Administrator Herlofsky stated as a result of the State's action, up to now we have included it in our general fund operations. In the future, it will be a separate amount in a capital account. It will not be included in the general fund. Finance Director Roland noted if we separate it that is $350,000 we do not have as revenue in the general fund which we have to make up. 1-8 Council Minutes (Regular) February 17,2009 Page 9 Councilmember Wilson pointed out this is an aid given to a City as long as we fully levy the amount including the homestead market value credit. So in the absence of it, it is a loss only of an aid that has been given to communities. Finance Director Roland explained the special revenue funds. The Rambling River Center had revenues before transfer of $36,493, expenditures were $159,378, resulting after a transfer of$100,000 from the general fund in a loss of $22,885. The swimming pool had revenues of$63,497, and expenditures of $149,148. After a transfer of $50,000 from liquor operations, the loss to the pool was $35,651. The arena had revenues of $270,686 and expenditures of$351,371. There were no transfers of revenues to this fund, so there was a loss of$80,685. Half of this is due to a capital outlay for the compressors. Regarding enterprise funds, the sewer fund had revenues of $1.7 million, expenses of $1.2 million, and an increase to net assets of $452,900 before depreciation. Expenses include the transfers out to the general fund and to debt service. The solid waste fund had revenues of $1. 9 million, expenses of $1. 9 million, resulting in a decrease to net assets of $51 ,946. Expenses include a cost of $207,000 for the purchase of a new truck. The storm water utility fund had revenues of $441 ,000 and expenses of $550,000. This is a decrease of net assets of$109,000. Expenses including transfers out of$61,000 to the general fund and debt service of$16,000. The water fund had revenues of$1.78 million and expenses of$1.83 million, resulting in a decrease of net assets of$47,395 before depreciation. Expenses include $893,000 that the Water Board has spent replacing water meters and water meter heads in every home in Farmington. Final numbers will be brought to Council the first meeting in June. d) 2009 Financial Options - Finance Farmington will not be receiving $350,000 in market value homestead credit for 2009. There are several options to increase revenue streams. Options include franchise fees on electric and gas. Cities grant franchises to electric and gas companies which means these companies can utilize the City's right-of-way. In turn, we are able to collect a fee from those utilities. We currently do not collect a fee from gas or electric companies. That fee is normally passed through to the customer on the monthly bill. It is an additional source of revenue to the City. If we collect a franchise fee, it should be from both companies. The other option is a street light utility. In 2008 the City spent $175,000 on street lights to keep them lit and maintained. This utility would also be charged to non-profits such as churches, schools, those tax-exempt entities who do not pay property taxes but benefit from the street lights. In order to begin to collect these revenue streams in 2009, it would need to start as soon as possible. City Administrator Herlofsky stated for 2008, 2009, and 2010 we are losing $900,000 in revenue. Our options are to reduce expenditures and add to revenues. Adding to revenues is a better long-range plan. Staff is proposing to start July 1, 2009, for the remainder of 2009 and all of201O. We need $350,000 - $400,000 additional revenue per year. 1-9 Council Minutes (Regular) February 17,2009 Page 10 Councilmember Wilson asked about the funding mechanism for schools and churches. Finance Director Roland stated they are reviewing funding mechanisms. It could be handled per residential equivalent unit. As far as the street light utility, the City would not be making money, just covering the cost of street lights. There are about 6,000 utility accounts in the City. Councilmember Wilson would like to see the breakdown of the street light utility, but as far as the franchise fees he would not support passing a tax onto residents. Councilmember Donnelly stated if we do not enhance revenues by $350,000, what do we cut. City Administrator Herlofsky stated it would be very difficult. It would result in adjustment to personnel numbers. Currently we do not have any vacancies and no one is planning on resigning. What Council decides, gives staff some indication on what to do. Councilmember May asked if the gas or electric company keeps a portion of the franchise fee. Finance Director Roland stated the franchise language says they are not allowed to keep a percentage. Councilmember May stated it is difficult to analyze with no numbers what it would add to a bill. Staff replied it depends on how the City would choose to word it in the franchise agreement. One City charges one half of one percent of the gross receipts of the company in their community. If the bill is $100 the charge would be .50. The other type of charge is a per meter or per account fee. The per meter fee is a flat fee. Councilmember May would like to see this presented as a combination of cost cutting and revenue generating. She was concerned with the tax-exempt entities as their budgets are tight. Councilmember Wilson will only look at expenditure decreases. Councilmember Donnelly would like to see a combination of cost cutting and additional revenues. Mayor Larson asked staff to explore the options and come back with close to accurate numbers. Councilmember May felt the utility option was a better option. She asked staff to see if there was an option where tax-exempt properties do not have to pay until 2010 so they could budget for it. Finance Director Roland cautioned the State encourages Cities to be equitable. We would need to do this with everyone. Staff will check with other Cities on tax-exempt properties. Council reached a consensus for staff to research this further and to include cost cutting. e) YMCA Proposal- Administration The Y has presented two proposals;. one for summer programs and one for pool operations. It costs the City $75,000 per year to operate the pool. This is a way for the Y to create an identity in the City and relieves the department of a considerable management item in the summer. Staff asked for Council approval to proceed with this. Staff is not interested in having the Y operate the pool at more expense than we are currently having. City Administrator Herlofsky would like to have them operate the pool if their costs are no more than what ours are. 1-10 Council Minutes (Regular) February 17,2009 Page 11 He would like to proceed with negotiations with the Y as it needs to be resolved within 30 days. Councilmember Wilson supports the idea. He agreed to not have losses exceed the current cost. City Administrator Herlofsky stated both sides will be keeping a close eye on expenditures. The Y would like to do this over a couple years. Hopefully, their expertise can help us operate the pool at a better advantage. Councilmember May noted the proposal says the City and Community Ed would market the other programs. She asked if the Y markets the programs as well. City Administrator Herlofsky stated if we participate, we are looking at them participating in our brochure. We are trying to not have duplication of services, but to compliment each other. The Y would be providing programs for ages 10- 13 which would fill in a gap. This would be a way to continue programs and possibly expand programs. Councilmember May asked if we would supply the certified pool operator. Parks and Recreation Director Distad stated we have two facility maintenance staff that are certified as pool operators. Councilmember May felt the item under operating loss needs a lot of work because the Y wants us to guarantee their number. City Administrator Herlofsky stated we will come back with a firm number. Councilmember May felt there should be a cap for the loss for the pool. City Administrator Herlofsky stated we will make sure we do not pay more than previously and that they do not subsidize our operation. Councilmember May felt this should be based on an actual number not a past number. City Administrator Herlofsky stated the presence of the Y is a positive addition to the community. If Council does not want this, they need to tell staff. As far as summer programs, Community Ed, Parks and Recreation and the Y all agreed the Summer Uproar and Summer Extreme programs would be a welcome addition from the Y. When it came to summer sports and camps there was still discussion as to who should do what. Mayor Larson stated he does not want to cause a divide in the community. That is one concern he has with the Y being in the community. It would have some benefits, but there are also negative parts. He suggested Council authorize staff to work out the best proposal possible and bring it back to Council. Staff will bring this back in 30-45 days. 11. UNFINISHED BUSINESS a) Old City Hall Improvement Project Update - Administration At the February 2, 2009 Council meeting, Council postponed the decision to approve the old City Hall improvement project. Staff has compiled additional information. The funding scenario has been revised by solidifying the tax levy amount to $105,000. The cell tower lease agreement will provide $75,000 and the rest would be through fund raising. Examples of fund raising events were included, along with a list of volunteers and past activities and rentals. Staff provided information on how to address the current condition of the Rambling 1-11 Council Minutes (Regular) February 17,2009 Page 12 River Center building by obtaining a proposal from a consultant to look at the building structurally to see if it is sound. Mayor Larson asked if our Building Official could do that. Parks and Recreation Director Distad noted they need to have a structural engineer to determine if it is structurally sound, the foundation, the walls and issues with mold. Staff would obtain a proposal from Bonestroo on what the cost would be. Mayor Larson asked if it had to be from Bonestroo and suggested getting two or three proposals. City Administrator Herlofsky explained Bonestroo has done some structural work previously so there should be minimal effort to accomplish this. Mayor Larson still requested two proposals. Staff noted there will be space available for the food shelf. Councilmember May asked about the amount per home for a $105,000 tax levy. This would be a $2.50 increase for a $200,000 home. This does not include operating costs, only capital costs. For the additional $40,000 to run the facility we would need to levy for that as well. Councilmember May asked if we could include that in the budget so we would levy for the building costs only and not operating costs. She suggested covering operating costs with revenue generated from fees. City Administrator Herlofsky noted it would mean an increase in fees. Councilmember May was very pleased with the detail in the fund raising plan. Mayor Larson noted Empire and Castle Rock Townships pay $250 each per year. He suggested increasing that amount or have a non-resident fee. He definitely wanted to look at increasing membership fees. Councilmember Wilson had a concern with mold in the old building. He has been asked why we did not incorporate the conversion of the old City Hall into the construction of the new City Hall. City Administrator Herlofsky stated that was not allowed because of the bond structure. Staff will provide a written response. Councilmember Wilson noted if we are looking at $105,000 and it costs around $5/year, why don't we get this money in all at once. Staff had tried to spread it out over five years so the residents would not be hit all at once. City Administrator Herlofsky noted we will be getting the money at one time through some internal borrowing. Councilmember Wilson was concerned with the mold and felt we were looking at a structurally deficient building. Counci1member May asked why the seniors could not use the new City Hall if there is immediate concern with the current senior center. Staff noted they need separated space because of the different activities going on at the same time. 12. NEW BUSINESS b) City Administrator Review Update -Administration Council agreed with the 360 review format. City Administrator Herlofsky will have the City Attorney contact ICMA to obtain the materials. 1-12 Council Minutes (Regular) February 17, 2009 Page 13 13. COUNCIL ROUNDTABLE a) Council/Parks and Recreation Commission Workshop -Parks and Recreation The Parks and Recreation Commission would like to meet with the Council to discuss several items. The workshop was set for April 13, 2009. Councilmember May: Thanked staff for including information on conferences they are attending. She thanked the Fire Department Relief Association for sharing in the cost of the mobile data terminals. City Administrator Her/o/sky: The Census Bureau would like to do census training for 20 people for 4 days and has requested the fees be waived amounting to $1800. It would be local people trained and it would provide some jobs. Council agreed to waive the fees. Mayor Larson: Reminded everyone of the wine tasting on February 19 at the Eagle's Club. He encouraged residents to attend the Warrior to Citizen Oral History Exhibit. He asked that the schedule be placed on the website and cable TV. 14. ADJOURN MOTION by Wilson, second by May to adjourn at 9:53 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~4V/Yl~ Cynthia Muller Executive Assistant 1-13 /6 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 Administratorr../).... '(1 Lisa Shadick, Administrative Services Directorj FROM: SUBJECT: Gambling Event Permit - Ducks Unlimited DATE: March 2, 2009 INTRODUCTIONIDISCUSSION The Ducks Unlimited is requesting a Gambling Event Permit for a raffle to be held at the Farmington Eagles Club. Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received and reviewed, along with the appropriate fees. BUDGET IMPACT Gambling permit fees are included in the revenue estimates of the 2009 budget. ACTION REOUESTED Approve the attached resolution granting a Gambling Event Permit to Ducks Unlimited at the Farmington Eagles Club, 200 Third Street, on March 21,2009. Respectfully submitted, ~tUz d.MC(~ Lisa Shadick Administrative Services Director 2-1 RESOLUTION NO. R -09 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR DUCKS UNLIMITED 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 2nd day of March 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, Ducks Unlimited have submitted an application for a Gambling Event Permit to be conducted at the Eagle's Club, 200 3rd Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Ducks Unlimited to be conducted at the Eagle's Club, 200 3rd Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of March 2009. Mayor Attested to the day of March 2009. City Administrator SEAL 2-2 7G City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Council, City Administrator, and Finance Director FROM: Tim Pietsch, Fire Chief @' SUBJECT: VHF Radios DATE: March 2, 2009 INTRODUCTION Prescott Area Fire and Ambulance Association. Bill Dravis, Fire/EMS Chief. DISCUSSION We have updated our communications with the change over to the Dakota County Communications Center. We have all of our old VHF radios that are of no use to use. Prescott Area would like to purchase these units for their use. We have a letter of intent to purchase all the radios for $1,500.00. BUDGET IMP ACT Transfer funds from proceed of sale into General Budget. ACTION REQUESTED Approve Fire Chiefs request to sell these radios to Prescott Area Fire. Respectfully Submitted, ~~~ Tim Pietsch Fire Chief cc: file 3-1 Prescott Area Fire and Ambulance Association 1603 Pine Street, Prescott, WI 54021 Phone: 715-262-3775 Fa'\:: 715-262-5539 2-10-09 Terri Thraen 1st Assistant Chief Fannington Fire Department 433rd 81. Fannington, MN 55024 Dear Assistant Chief Tluaen, As per our phone conversation toQay, I am writing you this letter of intent to buy all of the list radio's you have sent me by fax for the agreed price of$1500. Please feel free to give me a call at any time to discuss this letter. J-y, " ;WG2-:- Bill Dravis Fire/EMS Chief 3-2 7d City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us FROM: Mayor, Couocil, and City Administrator~ Tim Pietsch, Fire Chief TO: SUBJECT: Schools and Conference DATE: March 2, 2009 I INTRODUCTION Minnesota State Fire 1 EMS 1 School at Rochester MN on April 4 and 5, 2009. DISCUSSION Ten members have signed up to attend classes for this regional conference. Dan Meyer has signed up Leadership 1. Mark Kindseth and Jim Meyer have signed up for Pump Operations. Chad Thelen has signed up for Managing Company Tactical Operations, Preparation. Ron Lindstrom, Jim Schmitz, Trent Larson, Zach Rademacher, Justin Elvestad and Adam Fischer have signed up for MCTO: T, Strategy and Tactics. BUDGET IMPACT The 2009 budget provides adequate funding for this request. Funding would come from budget category 1060 - 6470, training. The registration fee is $85.00 per attendee ($850.00). Several of the attendees will be sharing rooms. Lodging, meals and mileage for 2 nights and three days should run around $250 - 300 per attendee ($3,000.00). ACTION REQUESTED Approve Fire Chiefs request to send these members to regional training. ~c~fu~~ed, f -A/\M r:;'Ajv~jL Tim Pietsch Fire Chief cc: file 4-1 7e City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City AdmIDistxaro(j" Randy Distad, Parks and Recreation Director TO: SUBJECT: School and Conference DATE: March 2, 2009 INTRODUCTION Approval is needed for Park Maintenance staff members to attend the Shade Tree Short Course. DISCUSSION A request is being made to send Don Hayes, Park Maintenance Specialist and Tim Larson Park Keeper to the Shade Tree Short Course. The Shade Tree Short Course is a two day course and will be held on March 17 and 18 in Arden Hills, Minnesota. The Shade Tree Short Course offers training on the inspection of trees for diseases, proper planting techniques, proper pruning and trimming techniques and other general tree information. Staff members annually trim trees, plant trees in parks and identify and remove diseased trees in parks so there is good reason for attending this course. As part of attending this course Tree Inspector certification will occur for both staff members. BUDGET IMPACT Total cost for staff members to attend the Shade Tree Short Course is $165 each. The total cost to send both staff members is $330.00. No mileage reimbursement will be incurred for this training. Funding to attend this course was approved in the 2009 Park Maintenance budget. ACTION REOUESTED By motion, approve this request. ~/....e. ~ctfull. SUbm.W'tted, , /' ! . y.. ,'-~ -' ~ Randy Distad, Parks and Recreation Director 5-1 :t "tJ Q) o .~ d'= ~ Q) 0:: Q) o e: '" Iii lD Iii 15 I- '" l"- I"- r-: co q o Q) o U> ~ 0> '" uS co e > o Z 0- '" CO on 0> ti o N '" to uS '" 15. Q) lfJ I"- to .... uS to I"- cF."if!.?f!.?f!.cF.,#;f!.cf!.,#';F. o.....r-r-oaOMLOMT""" ONOlOQ.q-('I')COMr- cioMcicicicriciaici m<OLOOQoq-MNLO'I:t mcomaamOOLOM..... r-M<oo......mLOOl('l')O N<<ia5mr--:"':aim-C"')-~ C\INu>OOlvWNOlm C\I.,....('I)ll)N NO ,..: en U> ....'" to 0 W,.....COlO(f') Q..-tOw,.... NvN<O...... 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Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrat07~ Kevin Schorzman, P .E., City Engineer \\~ FROM: SUBJECT: Farmington Area Transportation Study Joint Powers Agreement DATE: March 2, 2009 INTRODUCTION In early 2008, the former City Council met with representatives of Dakota County as well as the School Board to discuss transportation issues related to both the opening of the new high school and long term vision for the Pilot Knob corridor. DISCUSSION During the aforementioned meeting, it was agreed that the City and County would move forward with a study to address both the opening of the new high school and long term transportation needs in the area generally bounded by Lakeville on the west and north, Akin Road on the east, and Elm Street on the south. Because of the time-sensitive nature of the study with respect to opening the new high school, the study proceeded prior to formal approval of the attached joint powers agreement by either the County or City. The agreement has been reviewed by the City Attorney. BUDGET IMPACT The City's portion of the study will be 45% of the actual cost of the study, not to exceed $33,750.00. The City's participation will not impact the General Fund as funds exist in the Road and Bridge Fund to cover the cost of the study. ACTION REOUESTED Approve the attached Joint Powers Agreement with Dakota County for the Farmington Area Transportation Study. Respectfully Submitted, ~$--. {~: Schorzman, P.E., City Engineer 7-1 JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR PRELIMINARY ENGINEERING BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 97-72 TO Conduct a transportation study of the roadway system in the Farmington area due to future residential and commercial growth, the new high school, and the connection of future County Road 64 (195th Street/19Oth Street) to Trunk Highway 3, 7-2 County Project No 97-72 Contract No, February 24, 2009 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this agreement as the "County" and the City of Farmington, referred to in this Agreement as the "City", and witnesses the following: WHEREAS, under Minnesota Statutes Section 162,17, subdivision 1 and 471,59, subdivision 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County and the City seek to conduct a transportation system study of the arterial roadway system in the Farmington area due to future residential and commercial growth, the new high school, and the connection of future County Road 64 (195th StreeU190th Street) to Trunk Highway 3; and WHEREAS, the County and the City require professional services as set forth in this Agreement to conduct the Farmington Area Transportation Study to review previous study efforts and recommendations, conduct operations analyses, and prepare an implementation plan to accommodate traffic in 2009 and in the future of the arterial roadway system. NOW, THEREFORE, IT IS AGREED AS FOLLOWS, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with Farmington Area Transportation Study engineering and related activities as described in the following sections: 1. Administration. The County will enter into a contract with the selected consulting firm after obtaining review and approval by the City as to qualifications of the firm and cost of the proposed study. The County will administer the contract with the professional consulting 2 7-3 County Project No 97-72 Contract No. February 24, 2009 firm and will coordinate the corridor study work of the professional consulting firm, The County and the City shall each retain final decision-making authority within their respective areas of responsibility, 2. FarminQton Area Transportation Studv. The Farmington Area Transportation Study will review previous study efforts and recommendations, conduct operations analyses, and will prepare an implementation plan to accommodate traffic in 2009 and in the future. Three main arterial corridors will be studied to determine roadway improvements, access locations, and intersection traffic controls, These corridors are: . CSAH 31 (Pilot Knob Road) from 179th Street to future 220th Street . CSAH 50 (212th Street) from Flagstaff Avenue to Akin Road . Existing/Future County Road 64 (195th StreeU190th Street) from Flagstaff Avenue to Trunk Highway 3 A public involvement process will be used to engage the community and evaluate alternative plans. The study will be completed by March, 2009. The County shall be responsible for fifty-five (55) percent of the study cost not to exceed $41 ,250, and the City will be responsible for forty-five (45) percent of the study cost not to exceed $33,750. 3. Plans and Specifications. The County Transportation Department staff sent a Request for Proposals (RFP) to five consulting firms with traffic engineering and highway corridor study experience, and received four proposals. Transportation staff, City of Farmington staff, and Farmington School District staff evaluated proposals based on project understanding and approach, methodology for completing the work, staff experience, and a detailed work plan showing the hours needed to complete each task, The review agencies determined the proposal of Bolton & Menk provided the most complete understanding of the project 3 7-4 County Project No 97-72 Contract No. February 24, 2009 and services needed for the project to effectively deliver the study on schedule in a cost effective manner. Completion of the Farmington Area Transportation Study will provide Dakota County, the City of Farmington, Farmington School District and other stakeholders with a plan that will: a. Provide access management plans for 212th Street, Pilot Knob Road, and 195th Street/19Oth Street that include future access types and traffic controls to balance the need for access and mobility; b. Understand existing and future traffic patterns based on review of the planned roadways, their functional classifications and expected traffic patterns as they relate to the new high school and other planned development; c. Address the need for a comprehensive approach to safety as it relates to not only infrastructure needs, but also considering education and enforcement strategies that more directly respond to crashes involving teenage drivers; d. Supports a partnership involving Dakota County, the City of Farmington, and Farmington Public Schools-ultimately, to focus on the implementation of strategies for needed future roadway improvements. The Bolton & Menk total proposed cost is $75,000 including reimbursable items. The study will be completed by March 2009. 4. Payment. The County will act as the paying agent for payments to the consultant. Payments to the consultant will be made as the project work progresses and when certified for payment by the Dakota County Engineer. The County, in turn, will bill the City for their share of the professional services as specified in Paragraph 2, Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving 4 7-5 County Project No 97-72 Contract No, February 24, 2009 agency, the remainder of the claim shall be promptly paid and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation with the consultant and documentation of actual costs incurred in carrying out the work. 5. Chanae Orders and Supplemental Aareements, Any change orders or supplemental agreements that affect the project cost participation must be approved by both parties prior to execution of work. 6. Rules and Reaulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures for the project, unless amended by the contract specifications. 7. Indemnification, The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either 5 7-6 County Project No 97-72 Contract No. February 24, 2009 party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 8, Waiver, Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that mayor might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City, The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. 9, Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the City and the County relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The City and County agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 10. InteQration and Continuina Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the roadway provided for in this Agreement. 6 7-7 County Project No 97-72 Contract No, February 24, 2009 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials, CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: By Peter J. Herlofsky, Jr" City Administrator Todd A. Larson, Mayor APPROVED AS TO FORM: (SEAL) City Attorney By City clerk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney By: Physical Development Director COUNTY BOARD RESOLUTION: No: 08-262 Date: May 20, 2008 Date: 7 7-8 7J; '" "" Iii ~ .... a; " CJ III o D- _10 0 0 0 '" '" '" '" 0 0 0 0 '" r::: "" to to '" 0 0 '" I"- '" "" "" N .... It) '" "" .... 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W Cl It) 5i ::l W Z z z ~ It) 0 0:: m ~ 0:: > m l- I- ::l ::l :> S'~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ . Jennifer Dullum, Natural Resource Specialis; .11~ I FROM: SUBJECT: NPDES Phase II Annual Report DATE: March 2, 2009 INTRODUCTION Staff will be presenting a summary of the City's NPDES Phase II Annual Report and Storm Water Pollution Prevention Program from 2008. DISCUSSION The City of Farmington, as a small municipal separate storm sewer system (MS4), is required to implement a Storm Water Pollution Prevention Program (SWPPP) as part of the National Pollutant Discharge Elimination System (NPDES) Phase II requirements. The permit requires an Annual Report, submittal to the Minnesota Pollution Control Agency (MPCA) and a presentation at a public hearing. Submittal of the report will follow the review and comment at the public hearing. The Annual Report must be submitted to the MPCA by June 30, 2009. BUDGET IMPACT The NPDES Phase II Program requirements are incorporated in the City's annual budget. ACTION REOUESTED For Council's information. Respectfully Submitted, ':... . ......~ /",/' ~ /f~ .....,;(.-eP0~/ 0 Ld~~;'L- /' .--/ Jennifer - ullum Natural Resource Specialist 9-1 era.. 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 e FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Award Contract - 195th Street Lighting Project DATE: March 2, 2009 INTRODUCTIONillISCUSSION Bids were opened for the 195th Street Extension Project on May 22, 2008. The bids included an alternate for the street lighting component of the project. The bids for the lighting alternate were all well above the estimated cost for the lighting. Staff recommended that the project be awarded on the base bid and that the lighting alternate be rejected and re-bid as its own contract. The bid for the lighting alternate that was rejected was $314,966.50. The lighting was re-bid as its own contract, and bids were opened on February 27, 2009. Three bids were received as shown on the bid summary below: Bid $115,225,80 $184,273,00 $297,501,50 It is recommended that the project be awarded to Quality Underground Services, Inc. for the bid amount of$115,225.80. BUDGET IMPACT The low bidder on the project was Quality Underground Services, Inc. with a bid of$115,225.80. This compares to the engineer's estimate of $198,200.00. Funding for this project was included in the 195th Street Extension Project budget. 195/h Street Lighting Award March 2, 2009 Page 2 of2 ACTION REOUESTED Adopt the attached resolution accepting the bid of Quality Underground Services, Inc. in the amount of$115,225.80 and awarding the project. Respectfully Submitted, }t, Kevin Schorzman, P .E. City Engineer cc: file RESOLUTION NO. R-09 AWARD BIDS FOR PROJECT NO. 06-05 ALTERNATE 195TH STREET LIGHTING 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 2nd day of March, 2009 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the 195th Street Lighting Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement from firms determined to be responsible and competent for the Project: Low #2 #3 ; and, Bid Amount $115,225.80 $184,273.00 $297,501,50 WHEREAS, the firm of Quality Underground Services, Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Quality Underground Services, Inc. in the amount of $115,225.80, is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of March, 2009. Mayor Attested to the day of March, 2009. City Administrator SEAL /~ City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrato~9"/ I/-, \. Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approve Old City Hall Improvement Project DATE: March 2, 2009 INTRODUCTION At its February 17,2009 meeting the City Council received additional documents related to the approval of the Old City Hall Improvement Project. DISCUSSION Previously the City Council has been provided with the following documents for review related to the Old City Hall Improvement Project, which would result in the Rambling River Center moving its operations to old City Hall: . Immediate improvements needed to comply with code requirements and improve building safety and aesthetics . Future long term improvements . Funding scenario . Construction timeline (may need to be modified slightly) . Operating costs . Project Management by City staff . Partial listing of volunteers . Past fundraising events and amounts . List of events, activities and rentals that occur on a monthly basis . Possible space for Food Shelf At its February 17, 2009 meeting the City Council requested additional information about the current condition of the current Rambling River Center including an issue of mold and the structural integrity of the building. Included in your packet is a copy of a proposal that was submitted by a professional mold removal company. Also included in your packet is a proposal from Bonestroo for the fees associated with having a structural engineer complete an assessment and testing of the building to determine the structural integrity of the building. TDKA, a second engineering firm was contacted about submitting a proposal. Unfortunately the proposal was not submitted as of when the packet was sent out to the City Council. If a proposal is received by staff prior to Monday's meeting, a copy will be provided to the City Council at the meeting. 10-1 BUDGET IMPACT The cost to complete the mold removal is $861.68. The structural assessment and testing, if completed by Bonestroo, would be in the amount of $4,800 plus a not to exceed amount of $200 for reimbursable expenses. ACTION REOUESTED By motion approve the Old City Hall Improvement Project. ~ctfullY Submitted, / ~DAW Randy Distad, Parks and Recreation Director 10-2 ~:=~ I Healthier Homes Through . Education MOLD REMEDIATION CONTRACT ................................................................................. THIS AGREEMENT for mold remediation services is made and entered into this 21st day of February, 2009 between City of Farmington (Owner") and MOLDEX, Inc. ("Contractor"). TERMS AND CONDITIONS 1. Description of Work Contractor agrees to provide and perform all materials, labor and workmanship as necessary for the completion of mold remediation in the following described areas and locations of Owner's property: "(Work)" Work will be performed @ 4313rd St. Farmington, MN 55024. Work includes containment, full PPE for the technicians and debris removal. SCOPE: In the back room of the kitchen on the north wall there is visible mold like substance. It appears that the growth is from condensation with items stored on a exterior wall. Source containment needs to be applied over the growth and it cut our and disposed of. The remaining surfaces need to be HEP A vacuumed, washed and HEP A vacuumed again. A anti microbial sealer applied after cleaning. 10-3 REMEDIATION: Back Storage Room: . Build source containment to contain the area on the wall . Place a HEP A filter air scrubber by the during the removal and cleaning process . Cut out around the containment and remove pieces and dispose . All of the remaining surfaces will be cleaned by vacuuming the surfaces using a HEP A filter vacuum cleaner . The surfaces will then be washed using an anti microbial wash and HEP A vacuumed again . The surfaces then will be sealed using an anti microbial sealer Clearance Report: . Swab two areas on the surface using the Bio-reveal testing system Moldex will take photos of the project before, during and after the remediation for your records. We will supply you with a final report detailing the remediation protocol. The photos and report will be mailed to you within 14 days after the final payment. 2. The Owner agrees to pay Contractor the total sum of $ 861.68 and manner set forth below. In addition to said contract price, the Owner agrees to pay all additional sums necessitated by extra work or changes requested by the Owner under paragraph 3, or as necessitated by unanticipated concealed conditions uncovered as the Work proceeds under paragraph 4. MOLDEX does not hire or pay the industrial hygienist for sampling and reports to protect the interests of the Owner. Be it clear that the industrial hygienist is working directly for the Owner. PA YMENT SCHEDULE 10-4 Owner shall pay Contractor for the Work in the following amounts and at the following times: Final payment at completion: To secure your scheduled date we must have a signed contract with deposit Credit Card #: Ex. Date: All initial payments, progress payments and final payment shall be due and payable in full within five (5) business days of billing. Owner agrees to secure all financing necessary for the work. Owner understands and agrees that contractor is not extending credit in connection with the work. Owner agrees to pay for the entire contract price, regardless of whether owner obtained insurance reimbursement from its or from other third parties. A late payment charge of one percent (1 %) per month will be charged on all delinquent accounts. 3. Extra Work. Owner and Contractor agree that as the Work progresses, Owner may request, or project conditions may require the performance of work in addition to or at variance with the Work set forth in paragraph 1 ofthis Agreement. Extra work shall include but not be limited to the replacing of materials or finished surfaces that may be damaged or destroyed as a reasonably necessary component of performing the Work. In the event that such changes, additions, or revisions to the Work are requested or become necessary, Contractor will keep Owner informed as to all such extra work. Extra Work will be detailed in writing and shall be charged for at a rate corresponding to the extra work to be performed and the cost of all required extr~ materials, plus 15% mark-up on materials. No extra work shall be performed without the written approval of the Owner. 4. Concealed Conditions Should concealed or unknown mold or other contaminated conditions be encountered in the performance of the work, or should concealed or unknown conditions in any existing structure differ from plans, if any, or be of an unusual nature, differing from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this Agreement, be encountered, then all additional work necessitated by such conditions shall be charged for in the same manner as extra work as provided for in paragraph 3 of this Agreement. No concealed conditions work will be 10-5 performed without the written approval of the Owner. Contractor shall inform owner of any and all such conditions as they are encountered. 5. Insurance Contractor agrees to carry worker's compensation, liability and pollution protection policy. This liability is not just contractor's liability but actual mold liability. Owner agrees to carry fIre, tornado, homeowner's, and other necessary insurance coverages on the property on which the Work is being performed. Contractor will also carry insurance on any Owner's personal property if it is deemed necessary to be stored in Contractor's care away from the address listed under Owner below. All subcontractors that Contractor uses will also have worker's compensation. 6. Damae:e to Finished Surfaces. Owner understands and is aware that certain remediation processes in connection with performance of the Work may result in damage to fInished surfaces, including paint and woodwork. Contractor will use reasonable care to protect all such finished surfaces from damage. However, in the event that such damages occur, Owner agrees that Contractor shall not be responsible for the repair or replacement of such damage, unless it is caused by the gross negligence of the Contractor. 7. Environmental Hazards. Owner acknowledges that the Work, and the process through which mold remediation is achieved, may result in the release of mold contaminants or other hazardous materials into the containment area for the described Work while the Work is ongoing. Owner agrees that all occupants of the facility or property shall temporarily vacate the containment area while the Work is being performed, and Owner shall be responsible for payment of all temporary residential or business premises while the work is ongoing. In the event that the Owner elects to remain on the property but outside the containment area, while the work is proceeding, the Owner releases the Contractor from any and all claims for personal injuries allegedly incurred as a result of thereof. Owner further agrees to defend and indemnify the Contractor from the claims of any third parties, who may, with the Owner's knowledge, remain in, on, or about the property while the Work proceeds. 8. Clearance Testin2lFuture Contaminated Conditions. 10-6 If using an Industrial Hygienists work will only be guaranteed if sampling is done before and after the Work is done. If a third party industrial Hygienists or Microbiologist is involved with protocol then prior to the Work beginning, test samples will be taken of the area specified in paragraph I for comparison to clearance test samples. Owner and Contractor understand that Contractor has been contracted to clean only the specified certain areas described in paragraph I above. Contractor does not warrant that the other areas will be free from mold contamination following completion of the Work. At the completion of the work all areas in which the work has been performed will be subject to clearance testing at Owner's expense if a third party is involved. Once the clearance testing by the industrial hygienist involved confirms that the mold conditions that are part of the work scope have been abated to predetermine acceptable levels, Owner will acknowledge that Contractor's Work shall be complete and accepted, and the final payment will be due. In the event that additional mold will occur, or if mold conditions subsequently reappear in the areas in which work is performed, Owner shall be responsible to contract for and obtain additional mold remediation services without any claim against Contractor for the costs of the same. Guarantee for work completed in paragraph I is void if the moisture problem(s) causing the mold contamination is not corrected andlor reoccurs. Despite Contractor's completion of the Work, mold spores will still be present and will begin to germinate and colonize again under the proper conditions. 9. Lien Waiver: THIS NOTICE IS TO ADVISE YOU OF YOUR RIGHTS UNDER MINNESOTA LAW IN CONNECTION WITH THE IMPROVEMENT TO YOUR PROPERTY. (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Client: Moldex: 10-7 10. Dispute Resolution Owner and contractor agree that any disputes arising out of this agreement or in any way that are related to the Work or for payment of the same, shall be resolved through binding arbitration OWNER MOLDEX, LLC. Name: By: J. Michael Ring Street: Its: Owner City: P.O. Box 120447 State: Zip: St. Paul, MN 55112 Telephone: 651.769.1919 Third party pre or post inspection is not going to be used during this remediation process. An industrial hygienist or microbiologists will not be used during this process. I agree with the following statements. Client: Moldex: Date: 10-8 M-C!..~::~ ,- H.,.althler Homes Tllrough Educalj(ln J. Michael Ring Credentials & Certifications Water restoration contractor for the past 27 years Mold remediation contractor for the past seven years IICRC - Certified Applied Microbial Remediation Technician IICRC - Certified Water Damage Restoration WRT Course Infrared Thermal Imaging Training Busch Electronics' Eight Hour Classroom & Infield Training Registered Home Inspector Fourth Year Instructor for Prosource MN Credited Continuing Education Class For Mold Remediation and Building Green University of Minnesota School of Public Health 3-Day Mold Identification Class Indoor Air Management's Course 3-Day Hands on Sampling Class Indoor Air Management's Course I-Day Advanced Mold Remediation (ARM) Course Indoor Air Management's Course 2-Day Media Blasting Course (Dry Ice & Baking Soda) 10-9 2335 Highway 36 W 51. Paul. MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com February 23, 2009 ..tt Bonestroo Mr. Randy Distad Parks and Recreation Director City of Farmington 430 Third Street Farmington, MN 55024 Email: Rdistad@ciJarminqton.mn.us Re: Condition Assessment Services Proposal Rambling River Senior Center Bonestroo No. M00141-09001-0 Dear Mr. Distad: We are pleased to provide this proposal for engineering services, as requested, to assess the condition of the existing Rambling River Senior Center and prepare a report describing the findings. The proposed scope of the services to be provided is described below, as are supplemental services that may be provided if desired. If this proposal is acceptable, an agreement will be prepared and forwarded for approval. Project Understanding The Rambling River Senior Center building is several decades old and may soon be considered for uses other than continuing as it has most recently, as a senior center. Given its age, and with little or no information about its original construction, the purpose of this structural condition assessment is to determine the structural ability of the structure to serve safely and adequately for the near future. In 2004, the east end of the building was struck and damaged by an errant vehicle and then repaired and reinforced. The status of these repairs, as well as the observable areas of the remainder of the building, will be investigated. Scope of Basic Services We propose to provide the following scope of Basic Services for performing a structural condition assessment and preparing a letter report describing the findings, as summarized below and indicated on the list in Appendix A, attached. These services include: 1. Site visit to investigate the existing Rambling River Senior Center building: a. Observe accessible areas of the building interior and exterior to observe and assess the condition of the building materials, noting in particular any areas ofs P I 1. au observed distress. SI Cloud Rochester Milwaukee Chicago ti':;''' n" ~ ~, - '" ;:,,~ x - ",.. ~ ~ """., ~''t' . "l ~ ~ ,""''' "" ~ - i _ - . . ' . Engineering , I' .' Rlaniiing l' '. Innovation L,,___, '" ,'....._____,.. ... .=.__... __,'~~'~H._" ,,, ,.'.-.-. ,-- ..---..-..----,-..-,--~..--,....,.~, .-_..~ ----, - - - - - ..: City of Farmington Rambling River Senior Center Page 2 February 2.i 2009 b. Document sections, sizes, configuration and material condition of any measurable primary structural components. c. Measure and document critical dimensions as necessary to calculate structural loads and capacities. d. Photograph areas investigated. 2. Perform structural calculations as necessary to determine structural adequacy of building components. (Note: Reasonable assumptions of material loads will be assigned for areas not accessible during our investigation). 3. Provide a letter report including: a. Investigation procedures, findings and recommendations, including concept- level estimated construction costs. b. Basic plan, section and/or detail drawings to document findings and identify locations requiring improvements or repair, if determined to be necessary. c. Selected annotated photographs from the investigation. Supplemental Services If desired or determined to be necessary, we can also provide Supplemental Services as indicated on attached Appendix A, and described below. No supplemental services will be provided without prior approval by the City. 1. Prepare a more detailed Investigation, Sampling and Testing Program. If it is determined that further investigation is necessary to adequately assess the structural condition of the area in question, a more detailed investigation may be developed. This may include selective sampling and testing of structural component materials. 2. Any other services selected from Appendix A that are not included in the Basic Services. Services Not Included Specifically not included in this proposal are the following: 1. Assessment of environmental health, including the presence or evaluation of mold, asbestos, or other hazardous or regulated materials. The potential for the existence of these substances would be noted, however, if suspected. 2. Evaluation of operational or safety issues involving mechanical or electrical equipment. 3. Non-destructive testing or material sampling. Compensation We propose to provide the scope of Basic Services described for a lump sum fee of $4,800.00. The Supplemental Services described may also be provided at the hourly rates shown in attached Appendix B or for a lump sum fee to be determined. Reimbursable expenses incurred during the performance of the work proposed will be billed directly and are expected not to exceed $200, including mileage, but not including equipment rental. This amount may be reduced if the City is able to provide any of the necessary expense items. 10-11 City of Farmington Rambling River Senior Center Page 3 February 23, 2009 If you have any questions about any of the information included here, please contact me at (651) 604-4766 or phil.caswell@bonestroo.com. If this proposal is acceptable, we will prepare an agreement and schedule the work upon execution. Thank you for considering Bonestroo. Sincerely, BO~~, J;J;Z)~ Attachments Cc; Tom Madigan - Bonestroo Paul Steward - Bonestroo 10-12 Rambling River Senior Center Farmington, MN APPEN DIX A SCOPE OF SERVICES LIST Structural Condition Assessment Inc. I NIl SUDD. Service I DescriDtion Part 1 - Data Collection Services X Initial site visit. X Follow-up site visits. No.: w..A X Meet separately with third party: Building Official/Design Professional/ Contractor/Attornevl Realtor etc. No.: X Visuallv observe exposed buildinq/structure comoonents. X Note and document observations. X Photoaraoh areas observed. X Temporarily move or remove finishes as necessary. Finishes will/will not be reDlaced bv Bonestroo. X Destructively remove selected finishes as necessary to view structure. Finishes willlwill not be replaced by Bonestroo. Examole: X Non-destructively sample/test buildinq/structure comoonent materials. X Selectivelv (destructively) sample/test buildina/structure comDonent materials. X Measure and document structure soaces and confiquration. X Measure and document selected buildina/structure comoonents soan & soacina. X Utilize survev crew for qatherinq as-built information - horizontal and vertical. x X X X X X X X X X X X X X Page 1 of 2 10-13 Rambling River Senior Center Farmington MN Inc. NIl Suoo. Service! Descriotion Part 3 - Biddinc and Construction Services X Contact contractors and solicit Quotes for remediation/repair. X Provide contract administration throuqhout construction. X Provide periodic site inspection throughout construction. Estimated number of visits/visits per week: X Document repaired/remediated conditions as-constructed. X Prepare Record Drawings - Signed _ Unsigned Note: Proposed services do not include evaluation of mechanical or electrical equipment or systems, nor assessment of environmental health, including the presence or evaluation of mold, asbestos, or other hazardous or regulated materials. The potential for the existence of these substances would be noted, however, if identified. Page 2 of 2 10-14 APPENDIX 8 2009 RATE SCHEDULE 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 Inspector SUNeY 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 $ 122,00 - $ 155,00 $ 116.00 - $ 145,00 $ 107.00 - $ 222,00 $ 112.00 - $ 140,00 $ 107.00 - $ 140.00 $ 97,00 - $ 116.00 $ 124.00 . $ 153.00 $ 81.00 - $ 116.00 $ 81,00 - $ 116,00 $ 81.00 - $ 116,00 $ 81.00 - $ 101.00 $ 63.00 $ 96,00 $ 43.00 - $ 65,00 $ 86,00 . $ 132,00 $ 66.00 $ 104,00 $ 65.00 $ 90,00 $ 45.00 $ 65.00 $ 38.00 $ 28,00 $ noo $ 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, 10-15 jib City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator 6J '(7 Randy Distad, Parks and Recreation Director 1 FROM: SUBJECT: Approve Submittal of Final Application to Dakota County's Farmland and Natural Areas Program. DATE: March 2, 2009 INTRODUCTION The City Council was asked to approve the purchase of two parcels of land from Marigold Kemps (Kemps) at its July 21,2008 meeting. Kemps was interested in selling two parcels ofland that it owned to the City at the current market value of $58,500. The two parcels total 2/3 of an acre in size and abut Kuchera's Entrance Park and the Vermillion River. DISCUSSION The City's 2020 and draft 2030 Comprehensive Plan's Park and Recreation Chapters provides direction for the City to acquire parcels of land along the Vermillion River when they are available for purchase. Kemps contacted the Parks and Recreation Director late in 2007 about its interest in selling two parcels of property that it owns along the Vermillion River and are shown in Exhibit A. The City Council at the July 21, 2008 meeting expressed some concern about the cost of acquiring the two parcels. Since that time staff has been able to research two possible funding scenarios that would reduce the cost that the City would pay for acquiring the two parcels while still being able to own the property. The fIrst scenario is to submit a [mal application to Dakota County for the Farmland and Natural Areas Program (FNAP) for a 50% match or $29,250. The funds in this program come from a Dakota County wide property tax referendum that was passed in 2002. It's interesting to note that while City residents have been paying property taxes in support of this program, no money has been provided to any City projects from this program. A second possible funding scenario is from the Vermillion River Watershed. A request has been made of the Vermillion River Watershed for a contribution of25% or $14,625 of the cost to acquire the parcel. This would mean that if both Dakota County and the Vermillion River Watershed approved the funding requests that the City would only pay $14,625 towards the total cost of$58,500 but yet would own the property. The Parks and Recreation Advisory Commission (the Commission) at its February 18, 2008 meeting, and due to a 2-2 vote, were unable to forward a recommendation to the City Council to approve the fInal FNAP application to Dakota County. 11-1 Should the City Council approve the final application, it would not bind the City in any manner to the FNAP funds. This would come in a later agreement between the City and Dakota County should the funding application be approved by Dakota County. Staffis only asking to be allowed to submit the final FNAP application to Dakota County. Previously these two parcels of land were identified by Dakota County and the Minnesota Pollution Control Agency as potentially being part of a previous dump site. Previous trenching on the site for a possible storm water detention pond was undertaken for the Main Street Improvement Project but was abandoned due to an uncovering of an old building site. Some of the material uncovered during the trenching included sheet metal, tin, wooden beams and glass. Nothing was detected on the site of any material being leached during the trenching. Because these materials were located at this depth, it was determined that it would take too much time and money from the project to remediate the site for a storm water detention pond. As a result, the storm water detention pond was built elsewhere. The City Attorney was then contacted about what the City's liability might be if it purchased these two parcels knowing that there was potentially an old building site 8-10 feet under the site. Based on the City Attorney's review, it was recommended that if the City Council was willing to purchase these two parcels, then an offer to purchase the two parcels from Kemps should be made on the contingency that there is satisfactory completion of an appraisal, environmental review and title review. BUDGET IMPACT Kemps had previously proposed and continue to propose that it only wishes to be paid the current market value of the two parcels, which is $58,500. If the City Council approves the purchase of the two parcels, Kemps has proposed that the purchase occur as follows: the City would provide a credit on Kemp's wastewater bill of approximately $15,000 each quarter and after one year the parcel would be considered sold to the City. Kemps staff members prefer it be done this way because if the land is sold and money is exchanged, then the money from the sale of the land would go to the corporate office in Boston, Massachusetts. They would prefer that the money stay in Farmington in the form of a credit to its wastewater bill. Dakota County staff didn't seem to have any issues with making payment for the acquisition of the two parcels from Kemps in this manner. Should the City receive funding from the two scenarios identified, then the City's cost of $14,650 to acquire the two parcels would come from the Park Improvement Fund. ACTION REOUESTED By motion approve the submittal of a fma1 application to Dakota County's Farmland and Natural Areas. ~ctfullh SUMo R~, Parks and Recreation Director 11-2 E>L~'l ~':+-- A Marigold Foods Easement Easement Area - 0,64 ac. N A Map Date: 12/3/08 1 inch = 62 feet C Easement Area 11-3 ,'\ L 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 FROM: Robin Roland, Finance Director SUBJECT: 2009 Budget Update DATE: March 2, 2009 INTRODUCTION A plan of revenue enhancements and expenditure reductions has been assembled to address potential reductions in the amount of revenue the City receives from Market Value Homestead Credit (MVHC) in 2009. DISCUSSION The plan includes: 1. Creation of a Streetlight Utility 2. Franchise fees on Electric and Gas suppliers 3. Elimination of ALF contribution 4. Salary reductions due to reduced summer hours 5. Reallocation of the Fire Levy 6. Reduction of seasonal staffing level Although we do not know if the governor's proposal will be the final result of the legislative session, we have used a target figure of $350,000 for the planned solution. Each of the six items is addressed in this memo. 1. Streetlight Utility A streetlight utility is proposed to begin July 1, 2009. Each utility customer would be charged $2.50 per month ($7.50 per quarter) for street lighting. Residential, commerciallindustrial and institutional customers would each be charged the same monthly rate. The City's utility customers would generate enough revenue annually to pay for the electricity and maintenance of all street lights within the City. A streetlight utility would remove $150,000 expense from the general fund ($75,000 for halfthe year). Surrounding communities that use streetlight utilities include Apple Valley, Burnsville, and Lakeville. They charge as follows: Apple Valley Burnsville Lakeville Residential $1.64 per month $2.53 per month $2.25 per month Commercial/industrial $1.64 per month $0.11 per month per foot $0.1693 per front foot 2. Franchise fees on Electric and Gas suppliers As discussed at the February 17th Council meeting, the City's franchise agreements for electric service are due for renewal and as such a franchise fee could be imposed as part of the agreements with Xcel and Dakota Electric. The City attorney has contacted these firms and we will be discussing the inclusion of the appropriate language to initiate collection of franchise fees during the second half of 2009. (The gas franchise includes the appropriate language but must be amended to include the specific charging methodology.) The Council will examine each franchise agreement and vote on its adoption later this year. Customer class Monthly fee per Monthly fee per customer @ 1 % customer @ Per Gross Rev Meter chg Residential $0.75 $2.50 Small C&I $l2.60 $38.00 Large C&I $73.00 $218.00 Municipal $9.00 $27.00 Sample fee structures are shown above. Negotiations with the service providers will highlight the pros and cons of each methodology, which will be shared with Council at the presentation of the Franchise Ordinance. Either method would generate approximately of $60,000 per year per franchisee for electric and approximately $120,000 annually for gas. Despite the aggressive schedule to put these fees in place for 2009, it could be done and generate approximately $62,400 for the second half of 2009. 3. Elimination of ALF contribution With the status change of ALF ambulance, the annual per resident contribution which has been made in the past will not be made. This will save the city $12,400 in 2009. 4. Salary reductions due a reduced summer work schedule Changing "Summer Hours" this year to a 36 hour work week is proposed. This change will reduce City expenditures by $100,000 in 2009. Summer hours would begin June 1, 2009 and continue to September 4, 2009 (13 weeks). Business hours would be 8 am to 4:30 pm, Monday through Thursday and 8 am to 12 noon on Friday. All employees affected by this proposal would see a 2.5% reduction in compensation for 2009. The proposed 36 hour work week would be a reduction in pay of 4 hours per week (or 8 hours per payroll) for each non-exempt employee. Exempt employees will see a 2.5% reduction in pay over the 13 weeks. Police patrol and investigation officers and liquor operations personnel would be exempt from this program. The week of July 4th would be a full 40 hour week for employees as the holiday will fall on Friday the 3rd and holiday pay is a full 8 hours which cannot be reduced or split per City policy and collective bargaining agreements. Benefits would not be affected. Leave time would be allowed but only to the 36 hour a week level. Overtime would be very limited. This proposal is a reduction of service level for the summer months but we believe the savings opportunity is a palatable and equitable alternative for both employees and City council. 5. Reallocation of the 2009 Fire levy Each year the City is advised of its statutorily required contribution to the Fire Relief Association for their pension plan. The City budgeted $70,200 for this contribution in 2009. However, according to the computation done by the State Auditor's office, no contribution is required in 2009. In fact, over the last 13 years, the City has been statutorily required to contribute $199,297 and has contributed $7l0,200. This $70,200 contribution is proposed to be eliminated for 2009. This is a one year change only. The Farmington Fire Relief Association would still receive their allocation of state fire aid in October. A financial analysis of the Fire Relief Association with this change is included. 6. Reduction of seasonal staffing level The 2009 budget includes seasonal staff in the Streets division and in the Park Maintenance division. With salary and benefits, this expenditure totals $58,500. We propose cutting this expenditure by a minimum of $30,000. BUDGET IMPACT The following summarizes the impact of the six strategies outlined: Streetlight utility Franchise fees ALF contribution Reduced summer hours Fire levy Seasonal staff Total $75,000 62,400 12,400 100,000 70,200 30,000 $350,000 Several of these items are one time only adjustments. However, the revenue enhancements would be on-going. In 2010 and beyond, these enhancements would further stabilize the City's revenue stream and financial situation. ACTION REQUESTED Approve the outlined revenue enhancement and expenditure reduction strategy. Respectfully submitted, ..~/4 I' Robin Roland Finance Director e: .Q ro .2> :0 o e: o '(jj e: al 0.. 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Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator, f' J ,,:1'1 i:l/ Kevin Schorzman, P .E., City Engineer '~ FROM: SUBJECT: Annual Overweight Permit DATE: March 2, 2009 INTRODUCTION In 2008, the City purchased scales and other equipment necessary for commercial vehicle inspections. Police Department staff has been trained in the usage of the equipment as well as the laws and regulations with respect to commercial vehicles. To that end, the Farmington Police Department is now actively engaged in commercial vehicle inspection and enforcement. DISCUSSION During different times of the year, a particular road may have different axle weight limits. For instance, during spring load restrictions, all un-posted City, Township or County roads are statutorily limited to 5 tons per axle unless otherwise posted. Statutes also allow the local road authority to allow loads over this weight limit through the use of a permit system. Understanding that there are businesses located in the City that may be impacted by the enforcement of this restriction, Police Department, Municipal Services and Engineering staff have worked to develop the attached permit which would allow loads to be transported to and from businesses along the City streets as indicated in the permit. The intent of the permit is to direct overweight commercial vehicles from the State or Coimty road system to the local business via the most appropriate route utilizing City streets. The purpose of the permit is to allow loads, intended for local businesses, which are legal on the State or County roads to be legal on specific City streets as indicated on the permit, while containing pass-through commercial vehicle traffic to State and County roads. The permit process will allow our Police Department staff to readily determine whether a commercial vehicle is authorized to be overweight on a particular City street. Attached is a blank permit form, as well as a form containing fictitious information to demonstrate how the form would be filled out. As the form is simple and' should not take much time to issue, staff recommends that the permit be issued at no cost to Farmington businesses. If approved, the permit information would be on- line, and included in future correspondence with local businesses. Staff would also make contact with local businesses, that they are aware of, that may be interested in this permit program. 13-1 AnnualOVerweightPermft March 2, 2009 Page 2 of2 BUDGET IMP ACT None. ACTION REOUESTED Approve the attached Annual Overweight Permit form and authorize the City Engineer to issue the permit upon application by applicable Farmington businesses. R~~fully Submitted, f1#~ Kevin Schorzman, P .E., City Engineer 13-2 City of Farmington 2009 Annual Permit for Overweight Loads Pursuant to Minnesota Statute 169.86 Subdivision 1 (a), the following company: Kevin's Heavy Load Hauling Farmington Industrial Park Farmington, MN 55024 is authorized to operate equipment and receive and distribute loads on the following City Streets: 20Sth Street from Pilot Knob Road (CSAH-31) to Eaton Avenue and Eaton Avenue from 20Sth Street to Elm Street (CSAH 50) in accordance with the legal weight restrictions in effect at the time on: Pilot Knob Road (CSAH-31) between 195th Street and Elm Street (CSAH 50) The company is responsible for ensuring that all drivers/companies operating on the above-mentioned City streets for the purpose of doing business with said company, above the legal limit for said City streets, are in possession of a signed copy of this permit. Drivers operating equipment over the legal weight limit for the City Streets without a copy oftms permit in their possession will be responsible for any penalties/fines associated with such operation. The company is responsible for maintaining a list of drivers/companies that have been provided a copy of this permit. The current list shall be sent to the City on June 15th and December 15th of the permit year. The list shall be mailed to: City of Farmington Attn: City Engineer 430 Third Street Farmington, MN 55024 This permit is only valid for deliveries to or distributions from the above-mentioned company. Permit Effective Date: 2/17/09 Permit Expiration Date: 12/31/09 Authorized by: cc: Municipal Services Director Police Chief 13-3 City of Farmington 2009 Annual Permit for Overweight Loads Pursuant to Minnesota Statute 169.86 Subdivision l(a), the following company: is authorized to operate equipment and receive and distribute loads on the following City Streets: in accordance with the legal weight restrictions in effect at the time on: The company is responsible for ensuring that all drivers/companies operating on the above-mentioned City streets for the purpose of doing business with said company, above the legal limit for said City streets, are in possession of a signed copy of this permit. Drivers operating equipment over the legal weight limit for the City Streets without a copy of this permit in their possession will be responsible for any penalties/fines associated with such operation. The company is responsible for maintaining a list of drivers/companies that have been provided a copy of this permit. The current list shall be sent to the City on June 15th and December 15th ofthe permit year. The list shall be mailed to: City of Farrnington Artn: City Engineer 430 Third Street Farmington, MN 55024 This permit is only valid for deliveries to or distributions from the above-mentioned company. Permit Effective Date: Permit Expiration Date: Authorized by: 13-4 cc: Municipal Services Director Police Chief J;{/; 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: HiPP Memorandum of Understanding and Councilmember Appointment DATE: March 2, 2009 INTRODUCTION I DISCUSSION Please see the attached information from Dakota County regarding the re-focusing efforts for the High Performance Partnerships (HiPP). They are requesting an elected official be appointed to the Steering Committee. ACTION REQUESTED Approve the Memorandum of Understanding and appoint a Councilmember to the Steering Committee. Respectfi!17 submred, /, ~ , ' 1,1 J....j" '. '.; ,r/.J /C/ Peter J.B~{odkY, Jr. City Admi.nistrator Cmuller/Herlofsky/Council Memos/HiPP 14-1 ~~ Office of Planning and Analysis Dakota County Administration Center + 1590 Hwy. 55, Hastings, MN 55033-2372 Phone: (651) 438-4433 + Fax: (651) 438-4405 + www.dakotacounty,us MEMORANDUM Date: December 24, 2008 To: Mayor Mary Hamann-Roland, City of Apple Valley Mayor Elizabeth Kautz, City of Burnsville Mayor Mike Maguire, City of Eagan Mayor Todd Larson, City of Farmington Mayor Paul Hicks, City of Hastings Mayor George Tourville, City of Inver Grove Heights Mayor Holly Dahl, City of Lakeville Mayor John Huber, City of Mendota Heights Mayor Bill Droste, City of Rosemount Mayor Beth Baumann, City of South St. Paul Mayor Molly Park, City of Sunfish Lake Mayor John Zanmiller, City of West St. Paul Commissioner Nancy Schouweiler, Dakota County Tom Lawell, Administrator, City of Apple Valley Craig Ebeling, Manager, City of Burnsville Tom Hedges, Administrator, City of Eagan Peter Herlofsky, Administrator, City of Farmington Dave Osberg, Administrator, City of Hastings Joe Lynch, Administrator, City of Inver Grove Heights Steve Mielke, Administrator, City of Lakeville Jim Danielson, Administrator, City of Mendota Heights Dwight Johnson, Administrator, City of Rosemount Steve King, Administrator, City of South St. Paul John Remkus, Administrator, City of West St. Paul Brandt Richardson, Administrator, Dakota County From: Heidi Welsch, Manager RE: High Performance Partners9ips (HiPP): 2009 Re-Focus Efforts Purpose The purpose of this memo is to provide an update on the High Performance Partnership (HiPP) initiative in Dakota County and to request partner organizations to consider entering into a Memorandum of Understanding (MOU) that defines responsibilities, commitment, and purpose for continued work through HiPP in 2009 and beyond, (The proposed MOU represents a commitment to work together on collaborative ideas, Future projects defined by HiPP may require additional agreements, depending on the specific nature of the work,) History of the HiPP Initiative In 2003, in the midst of a fiscal crisis that created strong interest in collaborative partnerships for more effective and efficient delivery of services, Dakota County and its 11 largest cities collectively undertook a study of partnership opportunities. The study objective was to identify collaborative ideas with the highest potential for enhanced service delivery, reduced costs of delivering services, or both. 14-2 Using surveys, a citizen forum, and focus groups, 20 high potential opportunities were identified, Six opportunities with the greatest potential were defined, using a decision matrix developed for HiPP, Inter-governmental work teams determined the implementation steps necessary to take advantage of the highest potential opportunities, (See Attachment B: Full Summary of HiPP and Attachment C: 2003 HiPP Study Results for more information,) Collaborative work across a variety of topics including employee relations, information technology, and public safety has been realized as a result of the first 6 years of the HiPP initiative. Most notably, after more than a decade of failed attempts to reach agreement to centralize six public safety dispatch centers, implementation of a consolidated dispatch operation (along with implementation of a shared 800 MHz communications system) is complete, In the first year, operational savings of $1.4 million are projected, with $8 million in savings projected over five years, Subcommittees made up of staff from participating organization and led by one elected official and one appointed official worked on the highest potential topics until the collaborative goal was achieved, delegated to another avenue, or determined to be unfeasible, A Steering Committee made up of interested elected and appointed officials from the partner organizations have met regularly since 2004 to provide direction and a communications structure for the subcommittees. Apple Valley Mayor Mary Hamann-Roland and Hastings City Administrator Dave Osberg have been co-chairs of the Steering Committee since 2004, Need for Re-Focus of HiPP Initiative Steering Committee members agree that the HiPP Initiative has been successful and that there is a continuing need for the collaborative venue, Since most of the originally identified high potential opportunities from the 2003 study completed or dismissed, it is necessary to re-focusing the effort at this time. In addition to studying new high potential topics, the Steering Committee hopes that re- focusing effort will re-invigorate participants and clarify structure, organization, and purpose for the initiative. At the December 16,2008 meeting of the HiPP Steering Committee, Co-chair Mayor Mary Hamann-Roland and Co-Chair Administrator Dave Osberg distributed a draft Memorandum of Understanding for partner organizations. (See Attachment A: Draft MOU,) Next Steps The MOU and next steps will be discussed by the City and County Administrators and Managers group at their meeting on Friday, January 23, 2009. The meeting will be held at 8:30 a,m, at the Apple Valley City Hall. City and County Administrators and Managers from current and potential future partner organizations are encouraged to attend. Please feel free to contact Co-Chair Dave Osberg at dosberg@cLhastinQs,mn,us or me at heidLwelsch@co,dakota.mn,us (651-438-4610) with any questions or concerns, 2 14-3 Attachment A DAKOTA COUNTY HIGH PERFORMANCE PARTNERSHIP MEMORANDUM OF UNDERSTANDING Background The purpose of this Memorandum of Understanding (MOU) is to define and agree upon the responsibilities of Dakota County and its Cities who are participants in the High Performance Partnership (HiPP), who have committed to advance the sharing of local government services throughout Dakota County. The HiPP project is a collaborative effort among Dakota County and its Cities, which has been working on a variety of projects since its inception in 2004. Six initiatives were originally selected through a scoring methodology on a rigorous set of criteria around the magnitude of potential success and the likelihood of achieving success. The original six initiatives were chosen from a larger list of 40 ideas, as well as citizen input, and a survey of staff and elected officials. In recent months, HiPP has completed, delegated or disbanded nearly all of its original six initiatives. The scope ofthis MOU covers the intentions of the parties, their responsibilities, measures of effectiveness and the ongoing administration of the MOD. The parties will at all times seek a cooperative approach to addressing issues of regionallcounty significance. The parties believe that this MOU is an important step to formalize, build and strengthen the constructive relationships that already exist between them. The initial MOU will be completed between the primary parties responsible for the development of the initial High Performance Partnership, namely: Dakota County City ofBurnsville City of Lakeville City of West St. Paul City of South S1. Paul City of Inver Grove Heights City of Rosemount City of Hastings City of Apple Valley City of Eagan City of Sunfish Lake City of Mendota Heights City of Farmington Subsequent amendments to this MOU may be approved to include other Cities or regional agencies, equally committed to the cooperative approach of the original HiPP initiative. 14-4 Attachment A INTENTION OF THE PARTIES The parties are committed to the vision, outcomes and principles ofthe High Performance Partnership. As such, the parties to this MOD agree in principle to the following: a.) An elected official from each organization shall be appointed to the Steering Committee and will make a commitment to attend and actively participate in the meetings of the Steering Committee. b.) The City ManagerlCity Administrator (County Administrator), or other official in the case of smaller communities who are a party to this MOD, shall make a commitment to attend and actively participate in the meeting of the Steering Committee. c.) The Steering Committee shall serve as the forum (platform) to bring for review and discussion, collaborative efforts in which the parties may wish to consider for formal recognition as a HiPP project. d.) The Steering Committee shall review collaborative efforts under consideration, using the same model from the original HiPP effort, with the basic understanding that should it be designated as HiPP project, it shall clearly identify (l) the nature and magnitude of the potential success, and (2) the likelihood of success. e.) Each party to this MOD shall agree to routinely look at new projects, programs to determine whether there are opportunities that would benefit from ajoint approach with other local governments. EFFECTIVE DA TE/AMENDMENT AND RENEWALS OF THE MOU This MOD will take effect when all of the parties name previously have signed, andlor it has been clearly communicated that they will not be participant in the HiPP projects. This MOD may be amended from time to time by agreement between all the parties. This MOU will remain in effect until superseded or suspended by mutual agreement by all parties. The parties will at all times seek a cooperative approach to addressing issues of local, regional and mutual interest. The parties agree that this MOD will be reviewed within five years of its signing, or at any time agreed to by the parties. 2 14-5 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.