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HomeMy WebLinkAbout03.16.09 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 promising future. AGENDA REGULAR CITY COUNCIL MEETING MARCH 16,2009 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 c) Representative Pat Garofalo Introduced Introduced Tabled 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/2/09 Regular) (3/9/09 Workshop) b) Approve Curbside Clean-up Day Agreement - Municipal Services c) Approve Agreement for Portable Toilet Service - Parks and Recreation d) School and Conference - Fire Department e) Adopt Resolution - Accept Donation - Administration t) Adopt Resolution - Approve Gambling Event Permit and Temporary On- Sale Liquor License - Administration g) Adopt Zoning and Subdivision Ordinance Amendments - Planning Approved Approved Approved Approved R12-09 h) Approve Medical Director Agreement with Allina - Police i) Approve Proposal for Structural Engineering Services - Parks and Recreation j) Approve Senior Hardship Deferral Special Assessment - Finance k) Approve Bills R13-09 Ord 009-600, 601, 602, 603, 604 Approved Denied Approved Approved 8. PUBLIC HEARINGS a) 2009 Seal Coat Project - Engineering R14-09 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Annual Parks and Recreation Report - Parks and Recreation Il1formation Received 11. UNFINISHED BUSINESS a) Adopt Resolution - 2009 Budget Amendment - Finance Tabled to 4/6/09 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING MARCH 16,2009 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 c) Representative Pat Garofalo 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/2/09 Regular) (3/9/09 Workshop) b) Approve Curbside Clean-up Day Agreement - Municipal Services c) Approve Agreement for Portable Toilet Service - Parks and Recreation d) School and Conference - Fire Department e) Adopt Resolution - Accept Donation - Administration t) Adopt Resolution - Approve Gambling Event Permit and Temporary On- Sale Liquor License - Administration g) Adopt Zoning and Subdivision Ordinance Amendments - Planning h) Approve Medical Director Agreement with Allina - Police i) Approve Proposal for Structural Engineering Services - Parks and Recreation j) Approve Senior Hardship Deferral Special Assessment - Finance k) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 8. PUBLIC HEARINGS a) 2009 Seal Coat Project - Engineering Page 12 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Annual Parks and Recreation Report - Parks and Recreation Page 13 11. UNFINISHED BUSINESS a) Adopt Resolution - 2009 Budget Amendment - Finance Page 14 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN ) a.... COUNCIL MINUTES REGULAR March 2, 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: Larson, Donnelly, Fogarty, May, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Beve Preece, Tim Thompson, Nick Cochrane, Matt Granos, Don Hayes, Craig Davis Audience: 4. APPROVE A GENDA Mayor Larson added item 9a) Award Contract 19Sth Street Lighting Project, Councilmember May pulled item 7h) Bills for questions, Councilmember Fogarty pulled item 7a) Council Minutes to abstain, Councilmember Wilson pulled item 7g) Joint Powers Agreement Farmington Area Transportation Study for discussion, City Administrator Herlofsky tabled items Sa) and Sb) Introducing New Employees for the March 16 meeting. MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Tim Thompson, 816 7th Street, challenged the Council and City by stepping up and helping the residents save a few dollars rather then spend a few dollars. The pass through tax they want to offer is another increase citizens do not need. They want to challenge us with the tax on the lighting and gas which leaves both of those entities to make a profit and add additional charges onto the residents. We do not need any more additional taxes, fees, or charges in the City. It is getting out of hand. Councilmember May stated before she was elected, we need to step up as a Council and show the people we are going to try to save some money. No one has done that. He challenged the Council to show that they are going to save the citizens some money and figure out a different way to straighten out the budget, rather than taking it from our pockets. Maybe a service or a fee that is needed Council Minutes (Regular) March 2, 2009 Page 2 somewhere else. It continues to roll offthe Council's pen into residents' pocketbook. He challenged the Council to look for a different way to come up with the money rather than taking it from the people. Ms. Beve Preece, 300 Spruce Street, representing DV AC, reminded everyone they can see the art work from talented residents at the art shows in June and December. Artwork is also displayed in the Depot Way Arts Park. There is some amazing talent in Farmington. Each spring when the school district has their art show, the DV AC selects a few pieces of the student artwork and replaces them in the Depot Way Arts Park. In the 2008 art show, DV AC and CEEF sponsored a button contest for Rambling River Days. This year there will also be a contest. Last year four designs were selected to be used this year. The residents will be selecting the button design winner. At the 2007 Rambling River Days art show, she started to paint an abstract painting. As she was painting, residents gave suggestions as to what should be included in the painting. She felt this was a community sponsored painting and wanted to donate it to the City to place in a conference room at City Hall. It is called "Farmington, The Future and The Past." It shows the cityscape with skyscrapers in the background which is the future and in the foreground is the past businesses. The citizens who helped plan the painting should also have a chance to enjoy it. She asked the Council to accept the painting for City Hall. Mayor Larson thanked her for the painting. Ms. Michelle Leonard, 727 Tamarack Trail, a member ofthe Warrior to Citizen Committee, and also the Farmington American Legion Auxiliary. This weekend the Warrior to Citizen group will hold a spaghetti dinner for a fund raiser at the American Legion. Cub Foods and the Sons of the American Legion are donating the food. This is to fund future Warrior to Citizen events. She encouraged residents to attend. 7. CONSENT AGENDA MOTION by Wilson, second by Fogarty to approve the Consent Agenda as follows: b) Adopted RESOLUTION R10-09 Approving Gambling Event Permit- Administration c) Approved Sale of VHF Radios - Fire Department d) Approved School and Conference - Fire Department e) Approved School and Conference - Parks and Recreation t) Received Information January 2009 Financial Report - Finance APIF, MOTION CARRIED. a) Approve Council Minutes (2/17/09 Regular) MOTION by Wilson, second by May to approve Council Minutes (2/17/09 Regular). Voting for: Larson, Donnelly, May, Wilson. Abstain: Fogarty. MOTION CARRIED. g) Joint Powers Agreement Farmington Area Transportation Study - Engineering Councilmember Wilson noted the City, County, and School District have been working together regarding transportation. He asked staff to give the highlights Council Minutes (Regular) March 2, 2009 Page 3 of the study. City Engineer Schorzman stated the group has meet seven times and included representatives from the School District, Dakota County, and the City. The two main focuses are to look at what needs to be done prior to the new high school opening to improve traffic flow and handle the new traffic on Flagstaff Avenue and to develop a longer term vision for the Pilot Knob corridor. There will be an open house in March and a joint meeting will follow. MOTION by Wilson, second by Donnelly to approve the Joint Powers Agreement with Dakota County for the Farmington Area Transportation Study. APIF, MOTION CARRIED. h) Approve Bills Councilmember May asked questions on various bills. Staff provided responses. MOTION by Fogarty, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report - Natural Resources Farmington is required to follow NPDES Phase II requirements because our population is over 10,000. Operators of small municipal separate storm sewer systems need to obtain authorization to discharge storm water to surface water. Phase II requires operators to develop a storm water pollution prevention program. There are six minimum control measures which are comprised of best management practices. In 2006 non-degradation rules came into play which evaluate changes in runoff quality and quantity from 1988 to the present, and the projected changes from the present to 2020. Staff has completed the requirements, submitted the new permit and completed the non-degradation. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Award Contract 195th Street Lighting Project - Engineering When the bids were originally received for the 195th Street lighting portion they were substantially over the estimated amount. Staff has re-bid the lighting project. The low bid for the lighting was $115,225.80 from Quality Underground Services. The estimate was $198,200. Council noticed there is a big difference in the bid amounts. Staff explained the difference is in the maintenance portion. Quality Underground already has work to do in town and that made the maintenance portion lower. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION Rll-09 accepting the bid of quality Underground Services, Inc. in the amount of$115,225.80 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS Council Minutes (Regular) March 2, 2009 Page 4 11. UNFINISHED BUSINESS a) Approve Old City Hall Improvement Project - Parks and Recreation Staff has provided Council with many documents regarding converting the old City Hall into a Senior Center. Funding sources include a lease agreement for a cell tower in a park for $75,000 over 5 years, fund raising of $85,000, and $105,000 from a tax levy. At the February 17,2009, Council meeting, Council requested staff obtain an estimate for removing some mold and have a structural engineer look at the building structure. The cost for the mold remediation is $861.68. The proposal from Bonestroo Engineering to review the structural integrity is $4800. Councilmember Wilson asked about operating expenses in the current senior center vs the new senior center. Parks and Recreation Director Distad stated the operating expense would increase by $41,852. City Administrator Herlofsky stated according to the construction schedule, improvements would not be completed until late fall, so there would be very little additional cost in 2009. Staff noted they would also be looking at increasing membership fees. Councilmember Wilson asked if it was unique to dedicate revenue from a cell tower to this project. Finance Director Roland noted it is not unique as the cell tower is located in a park. Revenue from antennas on water towers is given to the water fund. Councilmember May asked if Council was being requested to approve improvements to City Hall and an operating levy. Staff clarified they were asking Council to approve the construction project under the funding scenarios provided to pay for the construction costs. Finance Director Roland explained they were showing the capital impact on the budget as well as the long-term operating impact. The capital cost to the City will be a $20,000/year levy to pay back the internal borrowing, plus the money from the cell tower. This is funding the actual construction. Once it is built, there are operating costs. Staff was showing what the capital costs would be to an average home and what the operating costs would be. The capital cost was $5 for a $200,000 levy for a $200,000 home. If the operating costs were increased, which means you would increase the levy for that $40,000 difference, this would be an additional $5. Staff will be meeting with the Rambling River Center Advisory Board and the Parks and Recreation Commission to discuss the operating costs. Councilmember Wilson stated they cannot look at just this project without looking at the broader picture. The City is losing $350,000 in state aid. There is $105,000 in capital improvements with this project and $40,000 in new operating expenses. We are close to $500,000 in new expenses. Currently we subsidize the senior center by $125,000. He was concerned with the taxpayers and could not pass on charges to the residents for a project with so many unknowns. Councilmember Fogarty noted the structural estimate was high and asked if there was possibly a retired person that could do this. Staff noted it has to be a licensed Council Minutes (Regular) March 2, 2009 Page 5 engineer and they are waiting for another estimate. She felt staff has done a wonderful job keeping the cost down and with new programming and new membership the costs would be covered. Mayor Larson asked ifit was the City's responsibility to hire a structural engineer or if it should be done by whoever buys the building. City Attorney Jamnik stated the City could sell the building as is. The information on the building is public data. A purchaser may request the improvements or it may affect the marketing price. Mayor Larson would rather not spend the money on the structural engmeer. Councilmember May suggested putting a for sale sign on the building and selling it as is. That is part of the reason for her concern, is what to do with the existing building. We should move things along and have someone else renovate. She asked if the cell tower funds would be ongoing or just dedicated to the senior center. Staff stated they were looking for the first five years of revenue to go towards this project. It is a 30-year agreement. The remaining 25 years could go for another park project or be put towards the operating budget. Councilmember May was willing to move forward with the understanding to the entire staff there will have to be cuts somewhere soon in other areas. This will make a negative number even larger. However, it is a great opportunity for the seniors. Councilmember Donnelly stated the $100,000 Councilmember Wilson referred to as being added to this year's deficit is already being taken care of by the tax levy. He considers that as a separate matter from the budget problem. Councilmember Donnelly felt bound by the decision made by the previous Council when they agreed to move the senior center to the old City Hall. He had a hard time in this beautiful building where it costs more than $15 tonight to keep the lights on and an average homeowner will have to pay $15 over the next five years to move the seniors to the old City Hall. The new City Hall costs $80/year for the next 20 years on a $100,000 house. We are talking $2.50 for five years. We owe it to the seniors and he was ready to move ahead with the project. Mayor Larson asked about the number of members. In 2008 there were 543 members. Right now they pay $10 for individuals and $15 for a couple per year. Mayor Larson suggested covering the operating costs by raising the fees to $50/year, or even $1 OO/year is not unheard of for the services they receive. He would like to see the senior center self-sufficient. He did not see the need for a structural engineer and would like to put a for sale sign on the building and sell it as is. He felt the fees need to be more realispc including township fees. MOTION by Fogarty, second by Donnelly to approve the Old City Hall Improvement Project. Voting for: Fogarty, Donnelly, May. Voting against: Larson, Wilson. MOTION CARRIED. Council Minutes (Regular) March 2, 2009 Page 6 b) Approve Submittal of Final Application to Dakota County's Farmland and Natural Areas Program - Parks and Recreation Staff requested approval to submit an application for funding to purchase two parcels from Marigold-Kemps. These two parcels abut the Vermillion River and Kuchera's Entrance. This would be a 50% matching grant. The asking price for the two parcels is $58,500. Dakota County would fund halfthe cost of $29,250. The funds in the Farmland and Natural Areas Program come from referendum tax dollars that were approved in 2002. Farmington has not received any ofthese funds in the past. To reduce the cost to the City, staff has requested the Vermillion River Watershed fund 25% ofthe City's 50% share. So the City would pay $14,625. If the application were approved, the grant approval would come back to the City Council. There are some issues with the two parcels. There is an old building site underground. The current property owner would be responsible for cleaning up the site before selling it to the City or the price would be reduced to cover the cost. Marigold-Kemps would like to receive a credit on their sewer bill on a quarterly basis so the money from the purchase does not go to the corporate office. The park development fund would cover the City's cost. Councilmember May asked about the plans for the parcels. Parks and Recreation Director Distad stated because of the Farmland and Natural Areas Program, the property would need to remain in its natural state. The County would allow a trail. These parcels will also provide a buffer for the river. She asked why the City would want the property and asked if it was a buildable lot. Staff replied one parcel is zoned commercial and the other one is in the floodplain. The county is interested in developing a greenway corridor along the river. Mayor Larson felt the money should not be spent if no one can build on it. Staff explained Marigold-Kemps approached the City first. Ifthe City does not want to purchase it, they will find someone else. Councilmember Fogarty asked why these funds have not been utilized before. Staff explained the City owns a lot of the land along the river on the north and west sides. On the south and east sides the City does not have much property. Mayor Larson asked about the minimum lot size for commercial. He would like staff to see how much of the land is in the flood plain and if it is a buildable lot. Councilmember Fogarty also asked staffto find out when the land was last appraised. Councilmember Wilson felt we would be better served to apply the money to an immediate need. MOTION by Wilson, second by May to deny submitting an application to Dakota County's Farmland and Natural Areas. Voting for: Larson, Donnelly, May, Wilson. Voting against: Fogarty. MOTION CARRIED. c) 2009 Budget Update -Administration/Finance At the last meeting, staff discussed potential revenue generation to help offset market value homestead credit losses. Council suggested not only looking at Council Minutes (Regular) March 2, 2009 Page 7 revenue generation, but also expenditure cuts. Staff presented a six point plan which includes: 1. Creation of a streetlight utility 2. Franchise fees on electric and gas companies 3. Elimination of ALF contribution 4. Salary reductions due to reduced summer hours 5. Reallocation of the fire levy 6. Reduction of seasonal staff A streetlight utility would be similar to other utilities such as water, sewer, storm water, and garbage. Currently there are 22 cities with streetlight utilities. Staff is proposing $2.50/month per utility account for residential and commercial/industrial. This would begin on July 1,2009, and generate $75,000 for 2009. Franchise fees are imposed on gas and electric suppliers for use of the City's right-of-way. In the past a gas franchise agreement was negotiated with the gas company, Minnesota Energy. At that time Council did not want to impose a fee, but did put a clause in the agreement to allow for a franchise fee. Staff is in the process of re-negotiating the agreements. Staff would like to begin the franchise fee yet this year. This would generate $60,000 between gas and electric. A franchise fee would need to be imposed on both services to be equitable. The City does have a cable franchise fee which is 5% of gross revenues from the cable company. It is paid to the City on a quarterly basis and funds communication projects in the City. Regarding expense reductions, one reduction is the elimination of the ALF contribution. As ALF is now run by Allina, there is no need for the contribution amount of $12,400. Another reduction is having a 36-hour work week in the summer. This means every employee would not be paid for four hours every week. Non-exempt would be paid for 36 hours and it would not affect benefits, or accumulation of vacation or sick leave. For exempt staff, there would be a 2.5% reduction in salary which is vaguely equivalent to four hours/week. This would be for 12 weeks, from Memorial Day - Labor Day. This would save the City $100,000 in salaries and benefits. Exemptions from this would be police patrol and investigations and the liquor store personnel. Hours will be Monday - Thursday 8:00 a.m. - 4:30 p.m. and Fridays from 8:00 a.m. - 12:00. Staffwill not be able to reduce the budget without a reduction in services. There will also be a reallocation ofthe fire levy in the amount of $70,200. This is contributed to the Fire Relief Association to help support their pension. Over the last 12 years the City has contributed $710,200 to the Farmington Fire Relief Association; we have been required to contribute $199,297. Staff is proposing the levy originally intended for the Fire Relief Association of $70,200 be retained in the general fund and not paid this year to help offset the deficit. The last item is a reduction in seasonal staff for parks and street maintenance. The street department has a budgeted amount of$15,000, park maintenance has $44,000 and the recreation Council Minutes (Regular) March 2, 2009 Page 8 area has $40,000 for seasonal staff. Staff is proposing that the park and street maintenance seasonal staff which totals $58,500, be reduced by $30,000. This is not reducing recreational seasonal staff. It would give park maintenance half of what they have budgeted. Over the summer, this may reduce services. For 2009 staff is proposing: Revenue Streetlight Utility Franchise Fees Reductions $ 75,000 $ 62,400 $137,400 $212,600 Total Additional Revenue Total $350,000 budget correction In 2010 the streetlight utility and franchise fees would be in place for the entire year generating the additional $350,000. Councilmember Wilson asked about the overtime hours for police. Staff noted it amounts to $75,000/year. Councilmember Fogarty was impressed with the cuts proposed. She was not happy with franchise fees or streetlight utilities. She is not in favor of raising taxes, but cannot see another way out. The State has taken away $350,000 and wanted to take away 5%, but there was not 5% to take from Farmington. She suggested placing this on the workshop agenda for Monday night in place ofthe scheduled items. Finance Director Roland stated ifthe 36- hour work week will be approved, employees need time to prepare for it. The sooner employees are informed the sooner they can budget for it. Staff would also like to know about seasonal staff as the hiring process normally starts in March. Councilmember Fogarty asked if the proposal can be split. City Administrator Herlofsky explained they have met with employees today. If Council agrees with the reductions, then planning could begin. Councilmember Donnelly agreed with approving the reductions portion. Councilmember Wilson agreed with discussing this at the workshop, but also wanted the other items to remain on the agenda. He sees everyone is having to cut back and did not feel government should fortify itself to make sure we have everything we need. There are reductions, but the franchise fees are of great concern. This is taxing the customer class we are trying to attract. As our neighboring cities are charging these fees, we have a competitive advantage over them. We should capitalize on that while the market is down. If there is a large commercial/industrial operation and they are charged $218/month, they are looking at a new expense of $2,600/year. He encouraged staff to come to the workshop with what a 100% cut scenario looks like. If that involves two or three staff members being cut, we will have to weigh the merits if that is a worthwhile decision. Council Minutes (Regular) March 2, 2009 Page 9 Councilmember May confirmed it was separate for gas and electric and that it would be an increase of $90 for a resident. Finance Director Roland stated these are examples and they have to negotiate the final amount. Councilmember May stated it looks like the annual fee would be $30 for each of the franchise proposals. Staff explained these are examples and needed approval to negotiate with the suppliers. Council could specify it should be no more than a certain amount. City Administrator Herlofsky noted the franchise fee amounts to $150,000 for $30/resident. There are 6,000 residences plus commercial and industrial. Combined electric and gas would be $200,000. Councilmember May thanked staff for the time they put into this. She is looking at this as a loss of potentially jobs on City staff or a loss of families in the community. She was struggling with increasing the fees. Previously she had brought up different ways to cut costs such as privatizing solid waste, sell some buildings or equipment. We are at a competitive disadvantage. We already have high taxes. She commended staff for presenting a reduction in hours, but did not feel it was a good idea to cut service. At a recent workshop Council discussed economic development being our number one priority. We need to be on our toes 100% to make sure that happens. We have to make sure that service doesn't suffer. She realized cutting positions can do that. She struggled with even cutting back the hours this new building would be open to serve the residents. She would not approve a franchise fee. Mayor Larson stated this is option A. He asked staff to provide options B and C for the workshop. City Administrator Herlofsky stated this is not just a 2009 issue. The cuts made in the budget with Fire Relief, adjusting seasonal staff, ALF contribution, these are one time events we will not be able to do in 2010. Staff listened to Council at the last meeting when we suggested these items. One concern was how we pay for utilities. This was based on other cities as well as concerns with non-profits. That is why there is a fixed fee based on meter rather than the size of the property. The reductions in budget are one time events so we need to enhance the revenue. In the future, if funding from the state does come back, it will be put in a capital fund. We have cut three positions in the 2008 budget. Weare down to limited staff. There are different areas where Council does not feel certain departments need to be cut. The cuts in personnel will not be one year items. It will be for two or three years. Staff will come back with options Band C without specific direction from Council. Councilmember Wilson pointed out one option could be $350,000 of total reductions. He noticed at City Hall the expense trend has been outpacing the revenue trend. Until the housing permits start driving the economy, things are going to be difficult. We cannot go to the residents and tax the people we are trying to attract to come here. As difficult as it is to look at staff cuts and reductions in programming, it is harder to tax a business or resident when we want to keep them here. Mayor Larson asked about starting April 1 and cutting one hour a week through the end of the year. Finance Director Roland stated if we went to 32-hour weeks in the summer for 12 weeks, that would cut $288,000. Human Resources Director Wendlandt stated the four hours at 13 weeks equals 52 hours. We would need one hour per week Council Minutes (Regular) March 2, 2009 Page 10 for 52 weeks. Councilmember Donnelly stated $100,000 is 2.5% of annual salary base. Staff confirmed that is for 2009. MOTION by Fogarty, second by Donnelly to approve the four reductions including the ALF contribution, reduced summer hours, the fire levy and the reduced seasonal staff for 2009 and revisit the rest at the workshop on Monday. Voting for: Larson, Donnelly, Fogarty, Wilson. Voting against: May. MOTION CARRIED. 12. NEW BUSINESS a) Vehicle Weight Limit Permit - Engineering In 2008 Police Chief Lindquist suggested the City take a more active role in commercial vehicle enforcement; primarily weights. This is for public safety, but the state had lessened their enforcement in the commercial vehicle area. Overweight vehicles provide degradation to the road surfaces. In 2008 Council approved the purchase of a scale and special vehicle and training. There are road restrictions in the spring. The inspector has to determine whether we think it is appropriate for certain transports to operate on the roads. There are some businesses that send or receive products and their weight may exceed the legal limits. By statute, the City is allowed to issue permits so they may continue to operate on the roads. The Police Department would like to contact companies that operate within the City and may operate on roads that have a reduced weight limit for a period of time, and let them do so without falling under penalty oflaw. The permit would be issued to the business and they would be responsible for making sure the carrier has the permit with them. All City streets are 5 ton roads unless posted otherwise. MOTION by Fogarty, second by Wilson to approve the Annual Overweight Permit form and authorize the City Engineer to issue the permit upon application by applicable Farmington businesses. Voting for: Larson, Fogarty, Wilson. Voting against: Donnelly, May. MOTION CARRIED. b) Approve HiPP Memorandum of Understanding and Appoint Councilmember - Administration This is an update of the HiPP process. This is for cities to get together to discuss issues and what other cities are doing. MOTION by Wilson, second by Fogarty to appoint Mayor Larson to the High Performance Partnership Group. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Appoint Councilmember to CEEF -Administration MOTION by Fogarty, second by Wilson to appoint Mayor Larson as the City's representative to CEEF. APIF, MOTION CARRIED. Mayor Larson noted there will be a Charity Mayoral Ball on April 25, at the Grand Ballroom on 3rd Street. Proceeds will go to CEEF. Council Minutes (Regular) March 2, 2009 Page 11 b) ADAAA and FMLA Training - Human Resources Human Resources Wendlandt will have a trainer come in to discuss the Americans with Disabilities Act Amendment Act and the new changes to the Family Medical Leave Act. This will be held in early April and encouraged all of Council to attend. This will be for managers and supervisors. There will be extensive changes and she felt it was very important everyone has this training. More information will be coming with specific dates and times. c) Training Update - City Attorney City Attorney Jamnik has done an orientation and background session on municipal laws for Council. The schedule this year is making that very difficult. He is proposing to send Council a series of short updates on municipal law topics such as open meeting law, data practices, conflict of interest, etc. If Council has other items they want information on, they should let him know. Councilmember Fogarty: Stated Council had decided they did not want to do pre- meetings. Her concern is they are consistently pulling a number of items off the Consent Agenda and bringing them to the table for discussion. Quite often, they are simple questions and that is what we used to do in the pre-meeting session to eliminate a lot of the table discussion as it tends to get long and drawn out once the cameras are on. She either wants Council to take it upon themselves to ask these questions ahead of time so every meeting does not go until 1 0:00 p.m., or re-institute the pre-meetings. Councilmember Wilson: Thanked Beverly Preece for her talent, donating the artwork to the City and for the many things she does to make Farmington a better place. He recalled there were to be discussions between the Art Council and the City about displaying artwork at City Hall on a rotating basis. City Administrator Herlofsky stated we have updated the historic photos and hung them, so we will be moving forward. The Warrior to Citizen campaign is doing some great things and he encouraged everyone to come to the American Legion for the fund raiser. Mayor Larson: If anyone in the community as knowledge of construction, he asked them to contact Don Hayes at City Hall to volunteer their time for the new senior center. Any help would be greatly appreciated. Thanked residents for attending the wine tasting. He had the privilege to speak to some military families at the Warrior to Citizen Oral History Exhibit. It was incredible and really hit home. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 9:59 p.m. APIF, MOTION CARRIED. Council Minutes (Regular) March 2,2009 Page 12 Respectfully submitted, /} .-..c:~~ J-, /) /~7 C~~.C~ "r /~ U' Cynthia Muller Executive Assistant Council Workshop Minutes March 9,2009 Mayor Larson called the meeting to order at 6:30 p.m. Present: Also Present: Larson, Donnelly, Fogarty, May, Wilson Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant MOTION by Fogarty, second by Wilson to approve the agenda. APIF, MOTION CARRIED. 2009 Budeet Options City Administrator Herlofsky provided Council with three options. A common goal is to have a well-managed community. The financial crisis we have is not a result of poor planning by City staff or Council. We are in good shape compared to many communities. That is a result of the last two budget sessions as well as the budget adjustments in 2008, and what we have tried to do in 2009. We were promised revenues from the State and they were not received. We are trying to make adjustments as early as possible. Residents received property tax statements this week. Property taxes for the City did not go up from 2008. The three options include: A. Expenditure reductions amounting to $212,600 were approved at the March 2, 2009 Council meeting. Now we have to find a way to take care of the difference between $350,000 and $212,600. The State has not officially told us we are not receiving this money in 2009 and will not make a decision until June. B. Staff is suggesting Council approve the streetlight utility amount of $75,000 for 2009 and $150,000 for 2010 for additional revenue. This option also includes reallocating $20,000 in engineering time to specific projects, cutting $22,400 in police overtime. C. This is the least desirable and includes the above reductions plus closing the pool at a savings of $75,000. Currently we have a very limited, but competent workforce. We would like to continue to maintain the level of people we have right now. Over the last 2-3 years we have trimmed staff and at this point we are close to a point where if you want things to continue at the same service level, it will be necessary to keep those people. We have trained them and have a big investment in them. To let them go would not be a good decision. The citizens need to understand future implications. The third option does take care of us long range. We need to make sure Council is comfortable with staff. If Council does not believe something staff is saying, tell us so we can get more information. We need to be honest with each other about what is being discussed and what is not. Everyone's comments are needed to make sure this situation is taken care of to everyone's satisfaction. Results are established from accurate information. The suggestions are Council Workshop Minutes March 9, 2009 Page 2 fixed amounts. One is overtime in the Police Department. We will also be looking at everything else in the Police Department, not just overtime. All expenses are managed on a regular basis. City Administrator Herlofsky asked for comments from Council on the proposed options or if they would like more. Mayor Larson stated he reviewed the budget and had several questions. He asked for a dollar amount for the Prairie Restorations contract. Finance Director Roland stated in professional services there is $85,700. This is not just Prairie Restoration, but their amount is approximately $30,000 _ $50,000. This is not in the general fund. Mayor Larson felt some ofthe things they are doing are over-kill such as controlled burns. We can establish the same thing by mowing the weeds down to 6" before they go to seed twice a year. All we need is a rough cut mower. Mayor Larson asked if the amount for cleaning services was $100,000. City Administrator Herlofsky stated the City Hall cost is $4800/month with three people, minimum of four hours, 5 days/week, square footage is 43,000. That is not a bad price. The Maintenance Facility is $10,000. They also do the Fire Stations and the Rambling River Center. Total is $84,000 for cleaning for all buildings. Mayor Larson asked if we could hire two part time people to take care of that. City Administrator Herlofsky noted it would be difficult to get two people to work four hours at that pay. This does not include benefits. What happens ifthey do not show up? Cleaning is a high turnover business. With a service we have cleaning five days/week with no interruption. We are looking at updating the contract next year. Based on the size ofthis building and other buildings we are getting a good value. Mayor Larson asked if some employees could help such as emptying their own garbage cans. He figured $48,750 could be paid for two people at $15/hour at 25 hours each per week to clean the building. Councilmember May asked if it could be done twice a week instead of five days/week and employees fill in the rest. City Administrator Herlofsky felt a building used five days/week should be cleaned five days/week. You make a substantial investment in the building with carpeting, floors, etc. If it is cleaned only a couple days/week, especially in the winter, the building takes a beating and you lose a lot of maintenance items. Mayor Larson suggested contacting the school to work out a partnership with their custodians. City Administrator Herlofsky stated what we are paying now would seem small compared to that situation. Mayor Larson would like to find out. Mayor Larson noted there is $4325 in elections for 2009. Finance Director Roland stated there is a requirement we have to pay the maintenance contract on the elections equipment over a two- year period. Mayor Larson stated there is police squad replacement at $54,000. That is for two cars. He asked if there was one proposed for next year. City Administrator Herlofsky stated vehicles are replaced based on their activity. Finance Director Roland stated next year there is one vehicle requested. There is a policy that if a vehicle has over 100,000 miles we have to replace it. Councilmember Fogarty asked if we could stretch it to 125,000 or 150,000 miles before vehicles are replaced. Municipal Services Director Reiten stated once they are over 100,000 miles parts are going out. Mayor Larson asked if there was more information on the ALF surplus. City Administrator Herlofsky explained because of the change to Allina, there is some money between Apple Valley, Lakeville and Farmington. There will be a meeting on this and it would be a one time transfer. Councilmember Wilson explained it is a one time sale of assets divided up between the cities. This would be at the end of2009. Council Workshop Minutes March 9, 2009 Page 3 Councilmember Wilson noted the budget shows personnel services in categories 6110, 6112, and 6120, and confirmed that would that be a fair representation of the salaries only; not including benefits. He noted we have a change in those three categories from 2008 to 2009 of $272,627 representing a 6.3% increase. All the contracts approved included 2.75% - 3%. Comparing full time employees in 2008 there were 148, in 2009 there were 147. On an FTE basis, the cost per employee on salaries for full time, part time and overtime shows a difference of 7%. Finance Director Roland stated the overtime is significantly different because they used actuals in snow plowing, which increased one department's overtime by $20,000. That has nothing to do with the contracted amount of2.75% - 3%. The part time dollars also are not part of the 2.75% - 3%. Those have been increased in various departments based on the actual time asked for by Parks, Maintenance, or Municipal Services. If you want to look at the 3% increase you need to look at salaries for full time. Those include steps for individuals hired within the last three years. Councilmember Wilson felt this was way out of line with reality. This could be a way to keep everyone here and keep the 40-hour work week. The reality is this amounts to 5.68%. He understood overtime for storms. City Administrator Herlofsky stated the issue with steps is when employees in government start, there is a schedule associated with employment. This means there is an annual adjustment in the schedule and there are steps. The private sector does not have a schedule, but has one fixed amount. The advantage with different pay scales for public employees, under normal cases you have some turnover and the next person starts at 15%- 20% less. There is a very good chance we will have the same faces here as when the year started. Employees are aware of the change we will make which will take 3% off the top. Finance Director Roland stated we have focused on the union contracts with AFSCME with steps. In the LELS contract for police there is longevity. There are steps to get to the mid-point for police officers and then they get a percentage added to their salary for the number of years. This will also have an impact on the total increase amount. It is not just steps in the union contract or in non-bargaining. Councilmember Donnelly stated if we negotiate a 0% raise for everyone, the wage will go up by 3% because of steps. Councilmember Wilson stated there is a huge whole and it is 70% of the budget. He does not see how a tax increase equates to any amount of economic development. Farmington is not competitive. We have to work harder to continue to push that down. We need to figure out a way to encourage families to build homes and to build in Vermillion River Crossings. City Administrator Herlofsky provided information comparing tax rates with various cities. Council member Wilson noted more roof tops will bring more development. Mayor Larson asked about the last communication with Fairhill. It was a month ago and economic conditions will dictate when development occurs. City Administrator Herlofsky noted 195th Street will be completed late this fall and will have a lot to do with what happens. Finance Director Roland stated there are a lot of fully developed lots in Mystic Meadows and Parkview Ponds off 195th Street waiting for builders. Councilmember Wilson felt it would be a good idea to contact builders and see if we can synergize efforts to get people looking at development. City Administrator Herlofsky stated the problem is a lot of developers have had a great deal of financial difficulty. We are not dealing with them as much as we are with the banks. We need 195th Street to open up before development will pick up. 2009 may not be the year, but 2010 the road will be done and that exposure will do a lot. There are 700 platted lots in Farmington. Councilmember May felt we are in a long-term standby situation. She did not believe completing 195th Street will spark a lot of growth anytime soon. She did not think taxes or fees are the answer. It will have to involve some cuts starting at upper management and combine Council Workshop Minutes March 9,2009 Page 4 positions to get solid savings. She suggested salary freezes, eliminate steps or staff. If you want to keep the same amount of people, we have to figure out how to shrink the cost of what we have. In the past she brought up the solid waste issue. Council was given a comparison of rates for City service and for private companies. She felt it would save money to contract out garbage service rather than have all the equipment and staff in the budget. City Administrator Herlofsky explained all the equipment and staff is paid for by the rates that cover that cost. It is an enterprise fund and generates revenues for the general fund as well as covers other municipal services costs. Finance Director Roland stated if we got rid of everything, we would not have a $60,000/year contribution to the general fund to help offset tax dollars, we would not have a $40,000/year contribution to the bond to pay for the Maintenance Facility, we would not have the availability of staff for snow plowing, we would not have lower rates for residents. Our rates are lower than surrounding cities with garbage haulers. Councilmember May confirmed we have all those costs and still have revenue. She stated we need to go back to salaries and staff. Salaries are competitive and above average and felt we could do some work there. Councilmember Fogarty wanted to compare tax rates for Rosemount and Hastings which are comparable to Farmington. As Councilmembers we have worked very hard to make it lean. Looking at Rosemount, Hastings, Apple Valley we are right there with them. Weare not out of line compared to them. The biggest difference residents are seeing is the school district portion. It is very difficult to cut and cut when it is not our portion of the tax bill that is pushing our taxes higher. It is difficult to ask staffto cut hundreds ofthousands of dollars and layoff employees when we are doing our due diligence. She does not want to raise taxes, but does not see any way out that does not involve something. She is not interested in lay offs; if we did we would have to look at public safety and she is not interested in any kind of lay offs in public safety. She is somewhat comfortable in accepting some of staff's recommendations for fee increases, but is more interested in staff time reductions. She noted Council received information from employees suggesting cutting one hour/week. That is between management and staff. By them giving up this percentage of money that is almost what they were given in raises this year. City Administrator Herlofsky stated they will be meeting with the business agent and bargaining unit in April. Councilmember Fogarty would like to see this reduction come at 3%; right now we are at 2.5%. Essentially that is a pay freeze, just taking in a different way. Councilmember May noted that is a one time thing. Councilmember Fogarty agreed that we need long term solutions, but was not sure we could come up with them in time for the 2009 budget. We need to fix 2009 and spend the next nine months looking at 2010. That is when we go line by line through the budget to figure out what we can cut. Councilmember Wilson stated so we go for a tax increase and we are done. Councilmember Fogarty said she did not suggest that, she asked them to go for deeper cuts with wages. Every franchise fee that has been suggested, we can take back in 2010. Councilmember Wilson asked how many cities have taken away a tax. City Administrator Herlofsky noted we can do a sunset provision. Councilmember Wilson stated it is substantially cheaper to live in Lakeville ifthey both live in the Farmington school district. City Administrator Herlofsky noted you do not have to repeal a sunset provision, you can say it cannot be continued unless you take positive action. With Option B ifthe streetlight utility were put in place starting July 1,2009, through 2011 you can say that. Mayor Larson noted there is $340,548 in professional services and asked what that covers. Finance Director Roland explained that covers legal, engineering, parks and recreation for programs, and the animal control contract. Human Resources Director Wendlandt stated for HRlIT she does not spend all the money for professional services. If we have a positive drug test there are certain legal requirements, and costs for arbitration. Finance Director Roland stated it Council Workshop Minutes March 9, 2009 Page 5 also covers the annual audit and consultants for Planning and Community Development. She will provide Council with a detailed list. Mayor Larson stated data processing is $138,000. Finance Director Roland stated that is all financial and utility billing software. This was purchased with 25 other cities and it is paid for on a monthly basis. The same is done with the Police Department. All squads are equipped with computers that are hooked up to the DCC. Building permits are through the PIMS software through LOGIS, and also the financial reporting system to pay bills and pay employees through LOGIS. Mayor Larson asked about $7,000 for Farmington Independent advertising. Human Resources Director Wendlandt stated this will not be spent unless a critical position becomes vacant. Mayor Larson noted there is $138,500 in contracted services. Staff explained this is for the DeC. Mayor Larson stated there is $20,000 for professional services for Planning. Finance Director Roland stated the GIS budget was moved out of Engineering because it belongs in Planning. The people who use the GIS system through Dakota County are the Planners. We pay a $15,000 fee to Dakota County every year for GIS services for maps. Councilmember Donnelly asked about the franchise fee for cable. Finance Director Roland explained this was instituted in 1999 or 2000. It amounts to $75,000. This is part of the cable consortium with Apple Valley and Rosemount. Administrative Services Director Shadick stated it pays for Mark Moore's services, the crew, and the equipment for televising. Finance Director Roland stated we pay Apple Valley $45,000 a year for all the broadcast services, but that is in a separate fund. We collect $180,000/year in cable franchise fees. There is $75,000 in the general fund which helps pay for employees involved in communications and the equipment. The other $105,000 goes to the capital fund which pays for the equipment, depreciation, and Mark Moore's time. Mayor Larson asked if the $340,548 for professional services will all be spent. Finance Director Roland will provide a list of what is included and how much was spent in 2008. Councilmember Fogarty asked how we will reduce Police overtime. Police Chief Lindquist stated in 2009 there are changes in training. There are some things we must do such as having minimum coverage on the roads and court time. There are also requirements for licensing. Because of the 24-hour schedule we try to make it convenient for those who work nights and have training in the day which is overtime. Councilmember Fogarty asked if the County can do anything about scheduling court time during their work hours. The Chief explained the court has their own schedule. City Administrator Herlofsky noted we will be looking at the entire budget, not just overtime. Councilmember May asked where we were with selling any buildings, such as the parks garage. Mayor Larson replied no where. It will be discussed at the EDA meeting and also the old senior center building. Prior to that Councilmember May would like to talk with City Administrator Herlofsky and Finance Director Roland regarding the Business Subsidy Policy. Council Workshop Minutes March 9, 2009 Page 6 Councilmember Donnelly asked for an explanation on the MSA revenue. Finance Director Roland stated there are two amounts received from the State for highway maintenance and highway construction. Two years ago we received $140,000 for highway maintenance. We have pegged the revenue source for the general fund for 2008 and 2009 at $140,000. We have seen an increase in both 2008 and 2009 of $20,000. We are receiving over $160,000 in both years for MSA maintenance. Because we budgeted low that is a $20,000 increase in revenue we did not count on. Council accepted comments from the audience regarding the 36-hour work week and eliminating positions with the lowest seniority instead, leveraging other things such as the pool rather than cutting positions, can we use money from the water fund, have Council meet with the union to ask for concessions, etc. Farmington Fire Relief Association members were in attendance and expressed their disappointment in the $70,200 reduction in their pension for 2009, and the short notice received. They would like to have better communication from staff regarding the Fire Department. There is no other department that is not getting a dollar on their pension. The Association has been given extended money in the past, but that is part of the program. They did not see where the City should not have to contribute to the Relief pension. They were disappointed in the notification process and the fact they did not have any input. They were concerned the $70,000 budgeted for 2008 may not be enough to cover the pensions. Councilmember Wilson and staff noted the City has paid in $710,000 and was required to pay $199,000. This is a one time recommendation. Finance Director Roland stated when the audit is complete the City may be required to make a contribution. The Relief Association also receives all the fire aid the City receives which the City is required to do, but that can also count against the amount of money the City has to contribute. It might change and it might be more than we have seen required in the past, but statute allows for more than one way to make that payment to the Relief Association. Staff admired the fact the Relief Association would be willing to accept this one year cut. It would mean they could not increase their benefit level for the coming year, but their benefit level for the current year is at a level where it was close to the Stanton 6 average. The budget has to permit this. Members of the Relief Association felt the Council needed to look more long-range. This is a one-time reduction for 2009. What happens in 2010? The Relief Association is the only department that has taken a 100% cut in their budget. Councilmember May noted Option C includes closing the pool. What happened to the YMCA? City Administrator Herlofsky explained the Y is not going to save us $75,000 and we are still negotiating with them. If Council agrees to close the pool, there will be some concern. We have a swim bus that runs throughout the City and suggested we send the pool bus to Apple Valley. With the Y we are looking at operating the facility and it removes the need for payroll, hiring, and operating the pool. They would run the pool like a concession. The Y can do some things with pricing for supplies that we cannot, and after a couple years it may be a win-win for both of us. This creates an opportunity for the Y to come into the community. Mayor Larson was not in favor of closing the pool. Councilmember Donnelly stated we can look at this as a two-year painful deal at $350,000/year or as a long-range problem and get rid of people or close the pool. None of this is an easy decision. It is a matter of who you hurt and who you make mad. If you close the pool you make someone mad, if you put street lights in you make others mad. The approach is to spread the pain for two years and ride it out. Council Workshop Minutes March 9, 2009 Page 7 Fire Chief Pietsch understood we should have 30% of our total yearly budget in cash reserves. If that is where we are and we are not in crisis mode now, when do we call it a crisis? Should we look at that now or wait until 201 O? Finance Director Roland replied the current fund balance is between 20% - 25%. It should be 35% - 50% according to the auditor. We lost ground with the last LGA cut and putting us under levy limits. In the past we have used the fund balance to balance the budget. We did it three years in a row after losing LGA and it ate our fund balance down by over $1 million over three years. We are trying to do this without reducing the fund balance because we have to have that money to operate. We will have to use $150,000 for 2008. City Administrator Herlofsky noted in 2002 the City lost LGA of $450,000. We have put in $750,000 for a couple years prior to last year. We were over $2 million, now we are just under $2 million. Ifwe eat another $350,000, it would cut us down to $1.5 million. Councilmember Wilson stated knowing staff will sit down with the union, his thought would be to first look at reductions in salary from 6% increase to 3% to allow us to keep the staff we have. If that cannot be done, then we need to have staff show us some staff that can be eliminated. Councilmember Fogarty was still collecting information. We have to consider more long-term options. Mayor Larson agreed. Councilmember May said no to any fees or taxes or any type of increase. It should be a combination of additional hours reduction, but long-term some staff consolidation. We have to reduce staff. Councilmember Donnelly asked if the State could hurt us more than the $350,000. City Administrator Herlofsky stated we think we are close to the limit they can cut. Councilmember Fogarty stated the State has cut 3% and has heard they will ask cities to write a check to equal 5%. City Administrator Herlofsky explained the fund balance allows us to cash flow the operations without borrowing any money. Cities should have balanced budgets and maintain a fund balance equal to 35%. Mayor Larson stated we will know more by the end of June. Finance Director Roland stated we are talking about a two-year budget that does not start for the State until July 1,2009. Everything we are talking about is a forecast budget. In two years it could be high or low. We have to plan for the worst and go about our business. Councilmember Donnelly would have a hard time supporting an increase in fees. He recommended we try it without increasing fees and tighten our belts. City Administrator Herlofsky stated Council has approved $212,600 already. We have about another $140,000 to come up with. We have $20,000 in MSA revenues, $20,000 with reallocating engineering time to projects, and $22,000 with cutting Police overtime. We have about $70,000 left to cut. Do we ride it out or come back with another $70,000. He suggested if staff has to come back, to give us until April 6, 2009. Mayor Larson directed staff to bring it back on April 6, 2009. Staff will bring the above items to the March 16,2009, Council meeting for Council approval. Councilmember Donnelly asked if staff could bring more information on the employee suggestions. City Administrator Herlofsky stated we will discuss it as that will be some detail work. He noted it was not signed by an individual and it does not represent the total group, as there are always more than two views. Council Workshop Minutes March 9, 2009 Page 8 Bonestroo Contract City Engineer Schorzman presented information showing a breakdown by year of Bonestroo expenses and which City funds they came from. Council asked who would manage the approved projects such as 4th and 5th Street and Denmark. The City will be managing the majority ofthe projects. Any additional amounts not covered by the retainer would include the bridge inspection program, or transportation related issues where a transportation expert is needed. Councilmember Wilson stated in December 2006 we reduced the amount of time we would have a full time employee here. In 2007 and 2008 we cut the retainer in half, but the additional expenses are quite a bit higher. This was due to having four people on the engineering staff and now we are down to three. Councilmember May would like to see staff do more and understood some items need advice, but would like to see the consultant time go down. There is currently one rerson here from Bonestroo. During the summer there could be four or five working on 19St Street. Without that there might be one more helping to finish the Spruce Street project, doing the 4th, 5th, and Denmark projects. We do a seal coat project in the summer, a sidewalk replacement project in the summer, monitor four wells every month and report information to the DNR, and sewer meters that are read. Mayor Larson stated if we have a project, instead of handing it to Bonestroo he would like to see it go out to bid to other engineering firms. He felt Bonestroo is part of the problem with not getting commercial development into the City because it was never a one stop process. Once the plans were brought in for approval, they were sent back for changes, bring the plans back, more changes are needed, etc. Even after the final plan was stamped and signed, Bonestroo would want to charge for other changes. It seems the process being followed for years and years was making work for Bonestroo and that is what needs to stop. When plans are brought in, all changes should be made in one visit. Councilmember Fogarty has heard this from many developers. There has to be a way to streamline it. We have a huge opportunity to streamline the process now so when the economy is going again, we are ready. Mayor Larson wanted projects sent out to three or four firms to get the best value for our dollar. City Administrator Herlofsky suggested we have Bonestroo finish up this year and do 195th Street. We can ask for bids for a new engineering firm at the end of the year and make a decision by the first of the year. Councilmember Fogarty asked if we have to do that. Ifwe have a project why can't we send it out for bids? Why do we have to have a consulting City Engineer? Councilmember Wilson stated this is part of the reason he did not support the three road projects. City Engineer Schorzman noted the majority of the inspection for those will be done in-house. City Administrator Herlofsky stated if we have a lot going on, we need a consultant. If we have limited projects we can do it ourselves which is the best for the general fund and our own department. Councilmember May confirmed it would be difficult to bid out the consulting piece. City Engineer Schorzman stated if you want to maximize savings for the City it would be in the public development area. There were over 17,000 hours in 2008 spent on public projects. When you go out for bid on projects that is where you will have the biggest savings. He suggested we keep Bonestroo on a retainer for extra work and use the RFP process for public projects. There is history and institutional knowledge possessed by Bonestroo that you will not get with other people. City Administrator Herlofsky noted Council had some sensitivity as to who handles developers. Councilmember Fogarty would like to have a game plan laid out to make this better. She has received complaints from several commercial and residential developers. She wants Farmington to be known as holding them to high standards, but it will be easy to get through. Council Workshop Minutes March 9, 2009 Page 9 City Administrator Herlofsky stated staff will come back with the different functions and schedule of what will be done through this year to correct the issues Council brought up. Councilmember May asked staff to think about someone else for next year. She understood the continuity, but someone new can bring in fresh ideas. She would like to go out for bids for the retainer portion. Councilmember Wilson stated he sees the value in the Bonestroo retainer because of the knowledge, but is very uncomfortable whether we are getting a good deal with residential and commercial. Councilmember Donnelly stated there is benefit in their knowledge. He agreed with going out for bids as he has also heard complaints. Councilmember May asked if we can put it out for bid today? City Administrator Herlofsky stated this is a good time for a break and to make a switch for the retainer. Councilmember Fogarty was not sure all of Council agreed the retainer should go out for bid. Councilmember Wilson stated we have not approved engineering fees for this year. He did not see why we could not do an RFP and the Bonestroo bids could come in lower. Staff will put together a plan to request going out for RFP and bring to a Council meeting. Development Fee Schedule City Engineer Schorzman stated the sanitary sewer and water fees have changed from trunk fees per acre to a per unit fee. The philosophy is development pays for itself. In 1997 it was estimated it would take $28 million to completely construct the storm water trunk facilities in Farmington. In 2008 the new estimate is $47 million. Council noted rates are much lower in other cities and this makes economic development difficult. City Administrator Herlofsky stated we have developers pay for the improvements. Some communities have a fee that they get from the operating costs once the residents are there. The option is rather than have 100% buildup costs, we go with 75% and pick up the rest in rates. Councilmember Fogarty stated we charge more to develop and less in utilities. In other cities, a developer can build cheaper, but the resident pays in utility fees. Our choice is if we want to be competitive in developing, we can lower these fees, but we would need to raise utility fees which would affect people already living here. Council discussed fees for Target to build in Apple Valley. Councilmember Fogarty would like to know how much 20 acres would have cost them in Farmington. City Engineer Schorzman explained if we figure the fees as we have in the past it would be $706,000 in fees. Using the Farmington SAC fees it would be $518,000 in fees. Councilmember May asked if we could lower fees in down time. City Administrator Herlofsky stated we have to reach the bottom line. If not in developer fees, then residents have to pay. City Engineer Schorzman asked Council for their philosophy so he could prepare scenarios. Mayor Larson replied the philosophy is we want the developers to see fees closer to other cities. Councilmember Fogarty stated we cannot compete with Apple Valley and Lakeville and we are not that far off from Rosemount. Councilmember Donnelly felt the issue will be doing the increase all at once with trying to catch up in one year. He suggested doing a gradual increase each year. Staff will bring a phased in approach to Council. Councilmember Fogarty would like these fees reviewed every three years. MOTION by Fogarty, second by Wilson to adjourn at 9:49 p.m. APIF, MOTION CARRIED. Respectfully submitted, C;., v~:~ ??/~ / CYnthia Muller Executive Assistant 76 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Todd Reiten, Director of Municipal Services /It ~ SUBJECT: Approve Curbside Cleanup Day Agreement DATE: March 16,2009 INTRODUCTION & DISCUSSION Curbside Cleanup Days begin on Saturday, April 18 and end on Saturday, May 16,2009. Dick's Sanitation, Inc./Lakeville Sanitary, Inc. will be providing trucks and labor to remove furniture, mattresses, and household garbage per the contract extension. The City contracts directly with the appliance/electronics recycler to reduce costs of the Curbside Cleanup Day program. Certified Recycling, L.L.C. has agreed to collect and recycle appliances and electronics at reasonable rates, which will allow the continuation of curbside appliance and electronics collection. BUDGET IMP ACT The charge for each appliance picked up at the curb will be $20, and electronics will be $.30/pound. The total cost will not be determined until collections are complete in May. Funding for Cleanup Day is included in the Solid Waste operations budget. RECOMMENDATION Approve the attached agreement with Certified Appliance Recycling, L.L.c. for recycling appliances and electronics for Curbside Cleanup Days 2009. RespeclfullYSU;;>; ~ ~ Director of Municipal Services cc: file Certified Recycling, L.L.c. 14305 Ewing Av. Burnsville, MN 55306 Office: (952) 894-1448 Fax: (952) 224-9055 This is the form to schedule and reserve your Spring and Fall Clean-Up. Please complete this form and mail or fax ASAP to reserve your date. City: Farmington Dept: Public Works Department Contact: Lena Larson Office Address: 19650 Municipal Dr. Farminaton, Mn. 55024 Collection Dates : April 18 and 25. 2009 and Mav 2.9. and 16.2009 Collection Site Address: City of Farmington curbside collection 2009 price schedule Appliances: $20.00 per piece and electronics @ $ .30 per pound. Business electronics will be charged at the rate of $ .35 per pd (Commercial copiers, printers, and items obvious from a business.) Ammonia refrigeration will be charged at the rate of $250.00 per unit. In the event the weight from electronics collected for this event and/or dropped at our facility has a value, these weights are the property of Certified Recycling. No other organization will have the authority to claim these for sale purposes. Accepted for Customer: Title: Date: Accepted for Certified Recycling, L.L.C.: Bill Weber/ Title: President/Owner Date: January 22. 2009 PAGE 1 Certified Recycling, L.L.c. 14305 Ewing Ave. Burnsville, MN 55306 Office: (952) 894-1448 Fax: (952) 224-9055 Appliances will include, but not be limited to: Air Conditioners, Dehumidifiers, Dishwashers, Dryers, Freezers, Furnaces, Garbage Disposals, Heat Pumps, Humidifiers, Microwaves, Refrigerators, Stoves, Trash Compactors, Washers, water softeners, and water Heaters. Appliances will be in a square (non-compacted) condition and will not contain food, debris, or other foreign materials. Certified Appliance Recycling, L.L.C., retains the right to refuse any appliance(s) deemed to be in such compacted or destroyed condition which prevents the proper removal of hazardous wastes and/or refrigerants according to law. Electronics will include; televisions, cpu, monitors, keyboards, printers, copiers, fax machines, answer machines, speakers, CB radios, telephones, calculators, cell phones, standard phones, electronic games, radios, stereo equipment, vcr's, dvd players, typewriters, scanners, and any other electronic devices. Certified Recycling, L.L.C., (RECYCLER) is solely responsible for the safe removal of all PCB's, Mercury, CFC's, appliance metals, and other hazardous wastes, according to Federal law and the laws of the State of Minnesota. The Recycler shall secure and maintain all necessary PERMITS and APPROVALS necessary to process said appliances. The Recycler will also provide any necessary CERTIFICATES OF INSURANCE to the Customer, prior to the start of work. INSURANCE shall remain in effect at all times and not be materially changed. The Customer shall pay to the Recycler an amount, (per the Quantity Program price, curbside and additional charge) (plus a surcharge for each air conditioner), for each appliance accepted by the Customer and tendered to the Recycler. Any special charges will be agreed to by both parties prior to acceptance by either party. Customer shall pay within 30 days of the invoice date. The Recycler shall INDEMNIFY and HOLD the Customer and its employees HARMLESS from all claims, demands, and causes of action of any kind, character, including the cost of defense thereof, resulting from the acts, omissions of the Recycler; of the organization's respective officers, agents, employees, and/or the individuals receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement. Accepted for Customer: Title: Date: Accepted for Certified Recycling, L.L.C.: Bill Weber I Title: President/Owner Date: January 22. 2009 CUSTOMER: Keep this original and mail or fax second copy back to Certified Recycling, L..L.C Page 2 7G City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us SUBJECT: Mayor, Councilmembers and City Administrator Randy Distad, Parks and Recreation Director 11 Approve Agreement for Portable Toilet Service TO: FROM: DATE: March 17, 2009 INTRODUCTION The City utilizes portable toilets rather than full restroom facilities in various City parks. In the past, the City has contracted the services of providing portable toilet units in parks and the cleaning of the units. DISCUSSION Staff solicited quotes from six portable toilet vendors. Quotes were solicited based on a per unit monthly charge for units that are compliant with the Americans with Disabilities Act (ADA). Five ofthe six vendors that were solicited submitted quotes to the City. Exhibit A shows the name of the company and the quote that was submitted. Biff, Inc. from Shakopee, Minnesota and Rent N Save from Faribault, Minnesota submitted the low quote in the amount of$95.00 per unit monthly charge. Since Biff, Inc. submitted the low quote between these two vendors for the non-compliant ADA unit, staff is recommending that the City approve the attached Agreement with Biff, Inc. for providing portable toilet services. The City Attorney has reviewed the attached Agreement and has found it to be acceptable. BUDGET IMPACT The Park Maintenance 2009 budget provides a budgeted amount of $5,880 as an annual amount spent on portable toilets. Staffwill not exceed this amount as part ofthe rental of the portable toilet units in 2009. ACTION REOUESTED Approve by motion the attached Agreement with Biff, Inc. from Shakopee, Minnesota to provide portable toilet services. R~. s fully Submitted, /"L~_r1_~ Rkd;Dis~~, Parks and Recreation Director 2009 Portable Toilet Service Quote Tabulation Form Monthly Cost Non- ADA Compliant Unit Name of Vendor Monthly Cost ADA Compliant Unit Quote Quote Biff, Inc. Shakopee, MN $95.00 $37 Rent N Save, Faribault, MN $95.00 $50.00 Nature Calls, Inc., Eagan, MN $125.00 $36 Bixby Portables, Prior Lake, MN $135.00 $35.19 On-Site Sanitation, St. Paul, MN $200.00 $37.50 Lighning Portable, Eagan, MN No quote submitted No quote submitted AGREEMENT THIS AGREEMENT is made this _ day of , 2009, by and between Biff, Inc, a Minnesota corporation, ("the Vendor") and the City of Farmington, a Minnesota municipal corporation (the "City") (collectively referred to as the "Parties"). WHEREAS, the City has in the past utilized contracted portable toilet services in its parks; and, WHEREAS, quotes were solicited from six vendors to provide portable toilet services; and, WHEREAS, Biff, Inc submitted the low quote of $95.00 per unit per month to provide the contracted portable toilet services, including portable toilets that are accessible to people with disabilities (units) and the cleaning and servicing of the units. NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby agree as follows: SECTION 1. TERMS OF AGREEMENT. 1. Except as otherwise specifically provided herein, the Vendor shall provide units in park locations identified by City staff. 2. This Agreement shall run for a period of one year beginning on April 1 , 2009 and shall end on 12:00 Midnight on March 31,2010. 3. The terms of this Agreement do not bind the Parties to the leasing of units by private organizations or groups for non-City organized events or activities that are on City park property. 4. The Vendor will invoice the City on a monthly basis for services rendered the previous month. 5. If this Agreement is ever terminated prior to the end date of this Agreement, the Vendor shall remove the units within 48 hours of the date that this Agreement is terminated. If the Vendor fails to remove the units from City property within seven calendar days of the termination of this Agreement, the City reserves the right to relocate the units to other City property. 6. Both Parties agree that no surrounds (enclosures around the units) will be provided by the City. SECTION 2. VENDOR OBLIGATIONS. 1. The Vendor shall provide units that are in good and workable condition. 123205vOl Page 1 of4 2. Units shall be provided that meet any code or law (including the American with Disabilities Act) requirements and if any permit(s) or License(s) are ever required, then the Vendor agrees to provide a copy of said permit( s) or licensee s) to the City. 3. The upkeep, maintenance and repair of all units shall be the responsibility of the Vendor. 4. The Vendor agrees to either clean, repair or replace units at its own expense that are vandalized. 5. Cleaning/servicing of units shall be provided on a once a week basis. 6. The Vendor shall remove from the parks and within 24 hours of being contacted by City staff all units that are identified to be removed. SECTION 3. CITY'S OBLIGATIONS. 1. The City shall provide a map identifying the locations for the placement of the units in parks. 2. The City shall contact the Vendor about the moving or removing of any units. 3. The City shall be responsible for contacting the Vendor within 24 hours of any vandalism that occurs to any unit. SECTION 4. INSURANCE REQUIREMENTS AND INDEMNIFICATION OF THE CITY. 1. The Vendor shall provide to the City written proof of insurance protection in such amounts, and from such issuing companies, as shall fully and completely protect the interests of the City, including, at a minimum, the following: Insurance TVDe Any Auto Amount $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent 2. The Vendor shall name the City as additional insured on the Any Auto and Comprehensive General Liability policies described above, and shall provide the City with Certificates of Insurance for all policies required herein, which certificates shall provide and require that notice shall be given to the City by the carrier or carrier's representatives at least 30 days prior to any changes, cancellation, non-renewal, or lapse of the policies required herein. 3. The Vendor shall fully and completely defend, indemnify and hold harmless the City and its employees, officials, officers, and agents from and against any claims for personal injury, including death, and for destruction of damage to the concession and 123205vOl Page 2 of 4 hockey equipment (equipment) on the City's property, which claims are related to the equipment on the City's property and the source of which occur while this Agreement is in effect. SECTION 5. TERMINATION OF AGREEMENT. In the event that the Vendor or the City fails to perform and carry out any of the terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business, this Agreement may be terminated by either Party giving 30 day written notice to the other Party. On termination, all rights ofthe Vendor to provide units shall end and all the Vendor's officers, agents, and its employees shall remove all of its units from City parks within 48 hours of termination, vacate the premises and surrender the same to the City quietly and peacefully. The City's termination of this Agreement hereunder shall not prevent or interfere with the recovery by the City of any damages caused by the Vendor to park property. SECTION 6. OTHER TERMINATION. NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order prohibits the activities in this Agreement, then this Agreement shall be immediately terminated with both Parties owing no further compensation to each other. SECTION 7. ENTIRE AGREEMENT. 123205vOl This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. Page 3 of 4 BIFF, INC. CITY OF FARMINGTON, a Minnesota municipal corporation BY: BY: Owner Todd Larson Mayor AND Peter J. Herlofsky, Jr. City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknow~edged before me this day of ,2009, by , the owner of Biff, Inc., a Minnesota corporation, on its behalf. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2009, by Todd Larson and by Peter Herlofsky, Jr. respectively the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 123205vOl Page 4 of 4 7e1 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Council Members and City Administrator FROM: Tim Pietsch Fire Chief ~. SUBJECT: Schools and Conferences DATE: 3-16-08 INTRODUCTION/ DISCUSSION Fire Marshal, John Powers has been asked by the Department of Homeland Security (DHS) to participate in the peer grant review process for the Fire Act-Prevention Grant program. The DHS depends on subject experts to analyze requested projects and award funds to worthwhile projects in fire prevention/suppression areas. Farmington Fire Department has received three grants from this program in the past years. Earlier this year we received a grant to equip all first responding apparatus with mobile data computers. John wrote the needs and justification narrative for this grant. In reviewing grants, this would provide John with a great learning experience and enhance our chances to receive continued grant opportunities. The program will be held April 27-May 1, at the National Fire Academy in Emmitsburg, MD. BUDGET IMPACT The cost is entirely taken care of by the Department of Homeland Security. ACTION REQUESTED Approve the conference for Fire Marshal Powers. Respectfully submitted, ",- ~I- <'./!..AA~ 1 ~l Tim Pietsch Fire Chief Page 1 of3 John Powers From: John Powers Sent: Thursday, March 05, 2009 10:02 AM To: Tim Pietsch Subject: FW: Invitation/Confirmation - Fire Prevention and Safety Grants Importance: High Tim------the invite! Hello, Please read the info below and let me know if you have any additional questions. I will be back in the office on Tuesday to respond to your e-mails.Pleasenote.this is not just an invitation but also a confirmation! That means you do not need to respond UNLESS you are not available any longer. When I return to the office on Tuesday I will enter your name into the database. The database will automatically generate and send you an e-mail with the link to the Panelist Registration site with your username and password. Please register ASAP. Thank you. Have a nice day! Lena Lena Porterfield McKing Consulting Corporation 11821 Parklawn Drive, LL Rockville, MD 20852 Iporterfield@I!!f;!<i!lg..f()_I!! (301)468-0172 ext. 255 office (301)468-4948 fax Hello, You are formally invited to be a Peer Reviewer for the Fire Prevention and Safety grants. McKing Consulting Corporation (MCKING) and Cabezon Group are the support contractors assisting the Federal Emergency Management Administration (FEMA) and U.S. Fire Administration (USFA) with the AFG Peer Reviews. We have been asked to confirm your participation in the FP&S Peer Review Panel Session scheduled for April 27 - May 1, 2009. It is our understanding that you have agreed to volunteer a full week of your time to serve as a peer reviewer during the FP&S Panel Sessions to be held at the National Emergency Training Center (NETC) in Emmitsburg, Maryland. You and 129 other co-panelists will be brought to the NETC to evaluate grant applications selected from AFG, Fire Prevention and Safety e-grant application database. Within 2 business days you will receive another e-mail fromsupport@firegrantsupport.com (please add this address to your safe senders list) providing you with the link to the FEMA Firefighters Grants 3/9/2009 Page 2 of3 Panelist Management System where you will complete the panelist registration process. Upon submission of pertinent registration information, you'll be issued official Travel Authorization Letter with your TA number. Please register by February 20, 2009. If you have problems with the online registration, please call Jason Porterfield immediately at 301-468-0172, ext. 438 to assist you. If you do not register by the deadline date, you will receive one (1) telephone call as a second attempt to confirm your seat as a panelist. After 2 business days of this telephone call, the assumption will be made that you are no longer interested in serving as a panelist, and we will move on to the next person on the alternative panelist waiting list. Transportation to/from Tech Review Panels: You have two options: (1) Drive your own vehicle. If you choose to drive, the Federal government will reimburse you for mileage at the rate of .55 per mile with a cap of what it would cost the federal government to fly you. A printout from Mapquest.com showing your route and estimated mileage must accompany the expense voucher you submit for reimbursement. You will receive your expense voucher when you check in at the NETC in Emmitsburg. Your reimbursement for mileage will not exceed the cost of round-trip airfare from a major airport nearest to your home to BWI. (2) If you choose to travel by plane, McKing will arrange for a prepaid e-ticket thru the Federal government's travel agent, National Travel. Your ticket will be for an economy coach roundtrip ticket to and from the Baltimore-Washington International (BWI) Airport only. Once you receive confirmation of your electronic ticket, it is important that you review this itinerary promptly to finalize the ticketing of your airfare. If your needs change, please e-mail us immediately to arrange alternate travel. MCKING is arranging for group transportation by shuttle bus from BWI Airport to NETC at 3 p.m., 5 p.m., and at 7:00 p.m. Fees for taxis, other shuttle service, mileage to and from your home airport at .55 per mile, and parking are reimbursable. Again, any mileage claimed on your expense reimbursement voucher must be accompanied by a printout from Mapquest.com showing the route and estimated mileage. Extended stays on the NETC campus are not permitted, and on the last day of the review panel, you will be transported back to BWI Airport by shuttle bus, at which point you are free to do as you like. The departure time for return travel from NETC to BWI will be 12:00 pm. Your flight will be booked on the first available flight after 3 pm on that day. Any exception to this rule must be preapproved. Preparing to be a panelist: Within couple weeks after completing on-line Panelist Registration you will receive a second e-mail with instructions for taking 2008 Fire Prevention and Safety grants Peer Reviewer E-Orientation (on-line orientation). This is a requirement prior to your arriving to NETC. You will also receive a registration packet in the mail that has logistical details: campus rules and regulations, agenda as well as an explanation of your role during the technical review panel sessions, the Fire Prevention and Safety grant Program Guidance. It is very important that you review all the materials in the packet. Instructions also will be provided on the procedure for submitting expense vouchers, receipts, and other documentation needed to obtain reimbursements, along with other pertinent information on your participation. If you have any questions, please feel free to call Lena Porterfield at 301-468-0172, ext. 255. We are looking forward to working with you this year. Have a nice day! 3/9/2009 Page 3 of3 Terry N. Fisher, Vice President McKing Consulting Corporation 11821 Rockville Pike, Lower Level Suites Rockville, Maryland 20852 301-468-0172, ext. 434 TENTATIVE FIRE PREVENTION AND SAFETY GRANTS TECHNICAL EVALUATION SCHEDULE Sunday All day 3 pm, 5 pm, 7:30 pm 1 pm to 9:45pm 5 pm to 9:30 pm Monday 6:30 to 7:45 am 7:30 to 8:30 am 8:30 to 11 am 11 am to 12 noon 12 noon 1 pm to 5 pm 5 pm to 5:30 pm 6 pm to close Travel Day to NETC/USFA-Emmitsburg, Maryland Shuttle services from Baltimore-Washington Int'l Airport Room check-in - NETC Campus, "C" Building Dinner available at the NETC Dining Hall Breakfast-NETC Dining Hall Panelist Registration-"J" Building Auditorium Foyer Panelist briefing and training-"J" Building Auditorium Panelists assemble in assigned rooms and teams Lunch-NETC Dining Hall Grant application reviews commence End of grant application reviews Dinner at NETC Dining Hall Tuesday through Thursday 6:30 to 7:45 pm 8am 8 am to 11:45 am 12 noon 1 pm to 6 pm 6 pm to 7 pm Friday 12 pm 3/9/2009 Breakfast-NETC Dining Hall Special debriefing in "J" Building Auditorium (only if needed) Grant application reviews continue Lunch-NETC Dining Hall Grant application reviews continue Dinner - NETC Dining Hall Shuttles depart NETC 7e City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Adopt Resolution accepting Donation DATE: March 16,2009 INTRODUCTION !DISCUSSION At the March 2, 2009 City Council meeting, Ms. Beverly Preece presented a painting entitled "Farmington, the Past and Future". Ms. Preece would like to donate the painting on behalf of the Dakota Valley Arts Council to be displayed in a conference room in City Hall. ACTION REQUIRED Adopt the attached resolution accepting the donation of the painting "Farmington, the Past and Future" by artist Beverly Preece and the Dakota Valley Arts Council. Respectfully submitted, .// ' d j J ..../ L ?~ tf,~~ Lisa Shadick Administrative Services Director RESOLUTION No. ACCEPTING DONATION OF PAINTING "Farmington, the Past and Future" 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 16th day of March 2009, at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, On behalf of the Dakota Valley Arts Council, Ms. Beverly Preece has donated the painting entitled "Farmington, the Past and Future", NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington hereby accepts with gratitude the donation of the painting "Farmington, the Past and Future". This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of March 2009. Mayor Attested to the _ day of March, 2009. City Administrator SEAL )f City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License and Gambling Event Permit - St. Michael's Church DATE: March 16,2009 INTRODUCTIONIDISCUSSION St. Michael's Church has submitted applications for a Temporary On-Sale Liquor License for their Spring Fundraiser, to be held May 6, 2009 and a Gambling Event Permit for their Spring Fundraiser on May 6, 2009 and their Fall Festival September 19-20,2009. The events will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute and City Code, a Gambling Event Permit and Temporary Liquor license must first be approved by the City Council. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. Gambling permit fees have been received and are included in the revenue estimates of the 2009 budget. ACTION REOUESTED Approve the attached application for a Temporary On-Sale Liquor License for St. Michael's Church for their Spring Fundraiser on May 6, 2009. Approve the attached resolution granting a Gambling Event Permit to St. Michael's Church for their Spring Fundraiser on May 6, 2009 and Fall Festival to be held September 19-20,2009. Respectfully submitted, ~d,~~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -09 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ST. MICHAEL'S CHURCH 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 16th 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, St. Michael's Church has submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark A venue for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for St. Michael's Church to be conducted at 22120 Denmark Avenue, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of March 2009. Mayor Attested to the day of March 2009. City Administrator SEAL Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE A..W\..L G-6 o.-b 0 It-L ADDRESS , , ADDRESS t , Location where license will be used. If an outdoor area, describe ;). ;,),1 ;;. 0 D e h .....vJ-Y K A l/"L . Sf'f'I'nj F~o.-f$:eY - VVt J fa I ~ 00 '1 Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. ~ No Will the applicant carry liquor liability ins (NOTE: Insurance is not mandatory.) overage. C rJ 5'00 000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6198) /j City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator FROM: Lee Smick, AICP . 01/ City Planner '-6<S SUBJECT: Adopt Zoning and Subdivision Ordinance Amendments DATE: March 16,2009 INTRODUCTIONIDISCUSSION The Planning Commission recommended approval of amendments to the attached zoning and subdivision ordinances with a 4-0 vote. The attached zoning and subdivision ordinances were approved by the City Council on December 1,2008. Upon approval, the Vermillion River Watershed Joint Powers Organization (VRWJPO) requested the opportunity to review and comment on the final rendition of the ordinances. In their review, the VRWJPO stated that the ordinances "have all of the essential elements of the Vermillion River Watershed Standards", but they offered some recommendations for corrections (Exhibit A). The corrections included the following: 1. the "LGU" be changed to "City", 2. the "Cities and Townships" be changed to "City", 3. Section 4 in the Minimum Buffer Areas be revised and renumbered, and 4. the issue date for the NPDES General Construction Permit be revised from "2003" to "2008" . ACTION REOUESTED Adopt text amendments to the ordinances for Title 10 and Title 11 of the Farmington City Code. Respectfully Submitted,_._ -".~.. / ...f .-) ./....L ,/.. ...........-: J ,/. - . "'.""'.'~":'" -~../. 7~C ?U/::-'_..? ,? .., %/' . .>"" ,/ /", ,- Lee Smick, AICP City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING FLOODPLAIN OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-5-25 (F) of the Farmington City Code is amended by adding the underlined language and deleting the striketlHough language as follows: 10-5-25 (F)(2): Permitted Uses, Standards, And Floodplain Evaluation Criteria 2. Standards For Floodplain Permitted Uses: (c) Proj ects that alter floodplain boundaries, such as bridge crossings and regional ponds that increase upstream high water levels are allowed provided that: (1) The applicant submits easements or other documentation in a form acceptable to the bGY City or the VRWJPO demonstrating and recording the consent of the owner of any land affected by the increased high water levels, SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING WETLAND STANDARDS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-17 (D) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrol:lgh language as follows: 10-6-17 (D) No Net Loss And Wetland Alteration: 5. When a wetland alteration permit is issued allowing dredging, excavating or grading in a wetland the following standards shall be followed in order to preserve WCA exemption or no loss determination in Types 1, 2, 6, and 7 wetlands: (a) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. (b) It shall be located as to minimize the impact on vegetation and loss of wetland function (as determined by the VRWJPO or bGY City). Exceptions may be allowed in basins dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea). SECTION 2. Section 10-6-17 (E) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-17 (E) Wetland Buffer Areas: 1. For lots of record created after June 7, 1999 (date of original wetlands ordinance adoption), a buffer area shall be maintained abutting all wetlands. The following requirements shall be met concerning the wetland buffers: (a) Where a buffer is required, the bGY City shall require the protection of the buffer under a conservation easement, or include the buffer in a dedicated outlot as part of platting and subdivision approval, except where the buffer is located in a public transportation right-of-way. SECTION 3. Section 10-6-17 (E) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-17 (E)Wetland Buffer Areas: 4. (a) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a one-time planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the bGl:t City. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (b) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive specIes. (c) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (d) During the first five full growing seasons, except where the bGl:t City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding/or replanting if the buffer changes at any time through human intervention or activities. SECTION 4. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE CONCERNING SHORELAND MANANGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-18 (E) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-18 (E)(3) Zoning And Water Supply/Sanitary Provisions: 3. Shoreland Buffer Areas: (d) Requirements For Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall replanted and maintained according to the following Standards: (1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a one-time planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the bOO City. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (4) During the first five full growing seasons, except where the bOO City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding/or replanting if the buffer changes at any time through humanJntervention or activities. SECTION 2. Section 10-6-18 (I) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-18 (I) Minimum Buffer Areas: Conservation Corridor (1) Conservation Corridor- Lower Reach (Vermillion River downstream of Biscayne Avenue): 150-foot average, 100-foot minimum measured from the edge of the meander belt ofthe river. (2) Conservation Corridor - Upper Reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): 150-foot average, 100-foot minimum measured from the edge ofthe meander belt of the river. (3) Aquatic Corridor Prinelpal Connector: (3) Aquatic Corridor - Principal Connector: Required buffer width 100-foot average, 65-foot minimum measured from the edge of the meander belt of the river. ( 4) Aquatic Corridor Prineipal Connector (4) Aquatic Corridor - Principal Connector: with Trout Stream Designation: 100 foot, no averaging, as required by the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN RlOOOOl (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, ~ 2008. (5) Aquatic Corridor: Tributary Connector: (5) Aquatic Corridor -Tributary Connector: 50-foot average, 35-foot minimum: plus 2 feet for every 1 percent of slope measured from the edge of the meander belt of the tributary. (6) W' ater Quality Corridor: (6) Water Quality Corridor: 30-foot average, 20-foot minimum where there is a flow path for concentrated surface runoff measured from the center line of the flow path. SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING EROSION CONTROL REQUIRED THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-27 (A) ofthe Farmington City Code is amended by adding the underlined language as follows: 10-6-27: EROSION CONTROL REQUIRED: (A) A property owner or contractor who removes substantial vegetative growth for any reason including landscaping, excavates for a building foundation or other purpose, or adds soil or other fill on property within the city shall adhere to erosion control measure standards and specifications contained in the Minnesota pollution control agency publication "Protecting Water Quality In Urban Areas", as may be amended, the city of Farmington comprehensive plan and official controls, the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN RIOOOOl (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, ;woo. 2008, as amended for projects disturbing more than 1 acre, and any applicable water management plan of the city or other governmental units. Except as other measures are required by the above documents and plans, property owners and contractors shall take the necessary precautions, outlined below, to prevent soil erosion, damage to adjacent property and control of surface water runoff. The city may impose additional erosion control requirements if, in the opinion of the director of public works or designee, said measures are necessary to protect adjacent properties and manage surface water runoff. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 11 OF THE FARMINGTON CITY CODE, THE SUBDIVISION ORDINANCE, CONCERNING STORM DRAINAGE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 11-4-7 of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: (A) All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the Farmington storm water management plan, as amended, and be subject to reviev; and approval of the city engineer and the City of Farmington Standard Detail Plates and Engineering Guidelines. At the time each plat or replat is approved, a connection charge shall be made for past, present or future storm sewer costs, payable in cash, and shall be deposited in the "city surface water management fund". The monies so collected will be used in accordance with the Farmington comprehensive drainage plan. Connection charges shall be determined as set forth in table 3, land use assessment rate, of the Farmington eomprehensive drainage plan the City Fee Schedule. The cash payment may be deferred, at an interest rate determined by resolution of the City Council, to the time the first stage of development takes place, so long as the terms of deferment are set forth in a developer's agreement executed by the city and the owner of the plat. SECTION 2. Section 11-4-7 (B) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (B)(l): Post Construction Water Quality Criteria: 1. Post construction stormwater runoff quality measures shall meet the standard for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN RI00001 (NPDES General Construction Permit) issued by the Minnesota Pollution Control Agency, August 1 ~ 2008, as amended; except where more specific requirements are provided in paragraphs 2,3,4, and 5 below. SECTION 3. Section 11-4-7 (C) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (C)(l): Runoff Temperature Control Criteria: 1. Post construction runoff criteria for controlling temperature increases relies on the establishment of buffers as specified in the Buffer Standard; the prioritization of temperature sensitive BMPs such as infiltration and filtration, and the designation of temperature sensitive wet pond design approaches in the Post Construction Water Criteria above; and the control of runoff volume increases and the use of credits with the Runoff Volume Control Criteria below. No additional specific temperature criteria are incorporated since these other areas of the Standards emphasize approaches sensitive to runoff temperature. However, since these other areas of the Standards allow flexibility, and in some cases waivers: permit applications involving the creation of one or more acres of new impervious surface in the trout stream portions of the Vermillion River and its tributaries where such areas do not first drain to a waterbody with 10 or more acres of open water; a. must include a narrative description ofthe temperature sensitive practices incorporated; and,b. The bOO City or the VRWJPO may limit or deny waivers, or may require additional runoff temperature BMPs, if the bOO City or the VRWJPO finds that the site design does not minimize the potential for runoff temperature increases. SECTION 4. Section 11-4-7 (D)(2) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (D) Peak Runoff Rate Control Criteria 2. Runoff rates for proposed activities, and development shall: (a) Not exceed existing runoff rates for the I-year, and 10-year critical duration storm events. (b) Be implemented by Cities and To':mships the City such that peak runoff rate controls keep future peak flood flows for the Vermillion_River 100-year, 4- day event from increasing above existing conditions peak flows. (While the VR WJPO works to develop numerical Standards at a subwatershed scale, the Standard will be implemented as follows: Runoffrates for proposed activities, and development shall not exceed the existing rate for the 100-year critical duration storm event.) SECTION 5. Section 11-4-7 (E) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (E): Runoff Volume Control Criteria: 1. Development that creates one acre or more of new impervious surface must incorporate volume control practices into the design sufficient to hold the runoff volume for the 2-year 24-hour storm at pre-development conditions. Determination of the necessary control volume to achieve this Standard can be completed by the bOO City on a regional basis and included in an approved Local Water Plan, or calculated on a site-by-site basis for each individual proposal. 2. Credits for site design are the preferred methods for meeting the Volume Control requirements and shall be considered prior to the design of infiltration or filtration facilities. 3. The water quality control volumes necessary to meet the NPDES General Construction Permit that are satisfied using infiltration or filtration technologies (filtration only on Type C and D soils) can count toward the Volume Control requirements of these Standards. 4. When using infiltration for volume control, infiltration volumes and facility sizes shall be calculated: (a) Using the appropriate hydrological soil group classification and saturated infiltration rate shown below: Hydrologic Soil Type A: 0.30 inches/hour Hydrologic Soil Type B: 0.15 inches/hour Hydrologic Soil Type C: 0.07 inches/hour or, (b) Using documented site specific infiltration or hydraulic conductivity measurements completed by a licensed soil scientist or engineer, or (c) Using the method provided in the Minnesota Stormwater Manual Volume 2 (MPCA 2005) pages 18 through 21 of Chapter 12-INF, and b. The design shall consider the infiltration rates of the least permeable horizon within the first five feet below the bottom of the infiltration practice, and c. The system shall be capable of infiltrating the required volume in 72 hours. 5. Constructed infiltration facilities, such as infiltration basins and trenches: (a) Can only be used ifthere is pretreatment of stormwater runoff designed to protect the infiltration system from clogging with sediment and to protect groundwater quality; (b) Cannot be used within 400 feet of a municipal or other community supply well or within 100 feet of a private well unless specifically allowed by an approved wellhead protection plan; ( c) Cannot be used for runoff from fueling and vehicle maintenance areas and industrial areas with exposed significant materials; (d) Cannot be used on areas with less than 3 feet vertical separation from the bottom of the infiltration system and the seasonal high water table; ( e) Cannot be used in Type D soils. 6. Infiltration areas must be fenced or otherwise protected from disturbance before the land disturbing activity starts. 7. Volume control amounts may be waived by the bGY City or the VR WJPO for sites with predominately Type C and D soils, or where a shallow water table prevents construction of infiltration systems, provided the following are met in order of decreasing preference: (a) Credits and site design practices to minimize the creation of connected impervious surfaces are used to the extent practical. (b) Underdrains are used to promote filtration instead of infiltration. 8. Vegetation used in conjunction with infiltration systems must be tolerant of urban pollutants, and the range of soil moisture conditions anticipated. SECTION 6. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. 7~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrator FROM: Brian A. Lindquist, . J V Police Chief u~ t> SUBJECT: Medical Director Agreement DATE: March 16,2009 INTRODUCTION With the recent operational change from ALF Ambulance Service to Allina Medical Transport, it is necessary to update the medical agreement. DISCUSSION All Farmington Police Officers are certified first responders. In order to maintain this qualification it is necessary to receive eight (8) hours of refresher training annually. Over the past several years this training has been provided by ALF staff. In addition to the annual training, ALF medics and a licensed physician appointed through the agreement will provide medical direction oversight. These items are listed on the first page of the agreement. This is a three (3) year contract and will be up for review in 2011. BUDGET IMPACT Exhibit A of the document shows costs associated for each portion of the agreement. Upon close inspection you will notice that these costs are designed to show the value of the service provided and are not a billable expense for the duration of this agreement. There are no costs to the City or the department. ACTION REQUESTED Approve the contract between The Farmington Police Department and Allina Hospital and Clinics (Allina Medical Transportations). Agreement This Agreement is made and entered into this date,February 1, 2009 by and between Allina Health System, a Minnesota non-profit corporation, d/b/a Allina Hospitals and Clinics ("Allina Medical Transportation") located at 167 Grand Avenue, St. Paul, Minnesota 55102 and Farmington Police Department ("First Responder") having principal offices at 19500 Municipal Drive, Farmington, MN 55024 Witnesseth WHEREAS, First Responder is an entity engaged in providing emergency response, care and treatment services to patients within its geographical service area; and WHEREAS, Allina Medical Transportation is the ALS and/or BLS service provider in First Responder's service area and has the personnel and resources to provide medical direction oversight to First Responder; and WHEREAS, First Responder wishes to utilize medical direction oversight in the manner and to the extent set forth in this Agreement and the attachments hereto; NOW, THEREFORE, the parties hereto hereby agree as follows: 1 . Medical Direction Oversiaht. Allina Medical Transportation hereby agrees to provide medical direction oversight to First Responder throughout the term of this Agreement. For the purposes of this Agreement, medical direction oversight will include: a. approving standards for training and orientation of personnel that impact patient care; b. approving standards for purchasing equipment and supplies that impact patient care; c. establishing standing orders for prehospital care; d. approving triage, treatment, and transportation protocols; e. participating in the development and operation of continuous quality improvement programs; f. establishing procedures for the administration of drugs; g. maintaining the quality of care according to the standards and procedures established under clauses (a) to (f); h. Training as specified in Exhibit A. 1 Allina Medical Transportation shall perform the Medical Education in a good, professional manner and in accordance with: (a) all applicable federal, state and local laws, including but not limited to HIPAA privacy requirements and the federal health care program anti-kickback statute (United States Code, Title 42, 91320a-7b); (b) substantial conformity to industry and/or academic standards required for the Medical Education; (c) the requirements of this Agreement; Allina Medical Transportation represents and warrants that all of its employees, agents and associates whose services may be used to fulfill Allina Medical Transportation's obligations under this Agreement shall be properly trained to perform the Medical Education. Allina Medical Transportation agrees to (i) develop and provide all required educational tools for the Medical Education, including but not limited to, handouts, overheads, practice scenarios, and certification tests related to each of the Medical Education topics; (ii) provide all equipment required for practicing skills during the Medical Education, including but not limited to, mannequins, splints, and bandages; and (iii) complete on behalf of the participants of the Medical Education all required documentation for processing certifications, including but not limited to EMT / 1 st Responder and CPR certifications, for the Medical Education participants. All documentation shall be completed by Allina Medical Transportation in accordance with the proper governing body in charge of the certification. 2. Contract Administration. Communications between the First Responder and Allina Medical Transportation shall be coordinated though the paramedic coordinator of Allina Medical Transportation assigned to First Responder; or through Allina's External Education Coordinator. Physician medical direction oversight will be provided through the Allina Medical Transportation Medical Director and such other physicians as Allina Medical Transportation may contract with from time-to-time for such services. 3. Additional Services. In addition to the medical director oversight identified above, Allina Medical Transportation may make available from time-to-time other services including, but not limited to, those services set forth in Exhibit A attached hereto. The parties shall agree to the provision of any additional services. 4. First Responder Responsibilities. First Responder shall be solely responsible for the direction and control of its employees and the services provided by its employees when they are engaged in providing emergency response, care and treatment services to patients. In no event shall Allina Medical Transportation be liable for the acts of First Responder or its employees. 5. Fee. In exchange for the services to be provided by Allina Medical Transportation, First Responder agrees to pay Allina Medical Transportation the annual fee(s) set forth in Exhibit A attached hereto. Payment shall be due Allina Medical Transportation within thirty (30) days following the effective date of this Agreement and the remainder paid quarterly over the term of the Agreement. In the event Allina Medical Transportation terminates this Agreement prior to the expiration of the term hereof, Allina Medical Transportation shall refund to First Responder a pro rata portion of the annual fee(s), except that First Responder is responsible for the costs of any medical direction oversight already provided. 2 6. Term and Termination. This Agreement shall be effective for a term of three (3) years from the date hereof. This Agreement may be terminated at any time by either party, with or without cause, upon the giving of thirty (30) days written notice to the other. This Agreement will have an auto-renewal date of February 1, 2012. The auto- renewal will be for a period of no less than 3 years, and will include an increase of five point zero (5.0%) percent for 2012 from 2011 prices, an increase of five point zero (5.0%) percent for 2013 from 2012 prices, and then an additional five point zero (5.0%) percent for 2014 based on the prices for 2013 for aI/listed offerings". Including those listed as "Per Request". 7. Insurance. a. Allina Medical Transportation. Allina Medical Transportation agrees to maintain such policies of insurance, self-insurance reserves, or combinations thereof in amounts not less than $1,000,000.00 per occurrence and $3,000,000.00 umbrella coverage. In addition, Allina Medical Transportation agrees to hold harmless and indemnify First Responder from any and all liability which Responder may incur as a result of the negligent or intentional misconduct of any Allina Medical Transportation employee providing services pursuant to this Agreement. b. First Responder. First Responder agrees to provide and maintain insurance with limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 annual aggregate. First Responder agrees to indemnify and hold harmless Allina Medical Transportation from any and all liability arising out of the negligent or intentional misconduct of any of its employees. 8. Independent Contractor. In performing the medical direction oversight provided for under this Agreement, Allina Medical Transportation is acting as an independent contractor, not as an employee or agent of First Responder, and nothing contained herein shall be construed to constitute Allina Medical Transportation and First Responder as partners 9. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10. Nothing herein shall constitute a waiver of any defense or limitation on liability established by M. S. Chapter 466. No person shall be considered as a third party beneficiary of this Agreement. Signature Page to immediately follow 3 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and date first written above. Allina Medical Transportation By: Date Brian LaCroix President By: Date Charles Lick M.D. Medical Director Farmington Police Department By: Date Brian Lindquist, Police Chief By: Date By: Date 4 EXHIBIT A Farmington Police Department Medical Direction Oversight Agreement Basic Package 2009 2010 2011 Medical Director $ 440.00 $ 475.00 $ 499.00 - Administration - Basic Package . MD Led Inservice x1 / yr. Included Included Included . Use of Allina Medical Transport Protocols Included Included Included Refresher of Existing Members - First Responders 27 x $82.50 / person (2009) $ 2,227.50 27 x $90.00 / person (2010) $ 2,430.00 27 x $94.50 / person (2011) $ 2,551.50 -EMT's 1 x $131.00/ person (2009) $ 131.00 1 x $142.50 / person (2010) $ 142.50 1 x $149.63 / person (2011) $ 149.63 CPR - HealthCare Provider 28 x $60.00/ Person (2010) $ 1,680.00 Initial Education For new recruits or upgrading existing members As Needed As Needed As Needed The number of members listed above is current as of 2-17-2009, the actual number of members participating in the training will be the current member list at the time of the training. ** Any additional classes requested that are not included in Exhibit A, will be billed separately on a fee for service basis. All fees will be based on the fee schedule included in Exhibit B. All fees will be negotiated prior to commencement of classes. 2009 COST 2010 COST 2011 COST $ 2,358.50 $ 4,252.50 $ 2,701.13 TOTAL P ACKAG E COST Less Discount $ 9,312.13 $ 9,312.13 TOTAL AMOUNT DUE AND PAYABLE $ 0.00 NO CHARGES ASSESSED PER PROFESSIONAL SERVICES AGREEMENT This agreement will have an auto-renewal date of February 1, 2012. The auto-renewal will be for a period of no less than 3 years, and will include an increase of five point zero percent for 2012 from 2011 prices, an additional five point zero percent for 2013 based on the prices for 2012; Then an additional five point zero percent for 2013 based on the prices for 2012 for all listed offerings. Including those listed as "Per Request". 5 J'" EXHIBIT B Farmington Police Department Medical Direction Oversight Agreement . Initial Courses . EMT's . First Responders . Healthcare Provider CPR EMT/First Responder initial NO LONGER includes CPR renewal per EMSRB regulations Course First Responder Initial (40 hr.) Test Fee TOTAL Refresher (16 hr.) Test Fee TOTAL EMT Basic Initial (110 hr.) Test Fee TOTAL Refresher (24 hr.) Test Fee TOTAL HCP CPR Initial Test Fee TOTAL Recertification Test Fee TOTAL Miscellaneous AMT Provided Instr./ Hour MD Presentation / Hr. 2009 2010 2011 $ 95.00 $ 320.00 $ 336.00 $ 54.00 $ 59.00 $ 61.95 $ 349.00 $ 379.00 $ 397.95 $ 111.00 $ 121.00 $ 127.05 $ 54.00 $ 59.00 $ 61.95 $ 165.00 $ 180.00 $ 189.00 $ 730.00 $ 793.00 $ 832.65 $ 54.00 $ 59.00 $ 61.95 $ 784.00 $ 852.00 $ 894.60 $ 208.00 $ 226.00 $ 237.30 $ 54.00 $ 59.00 $ 61.95 $ 262.00 $ 285.00 $ 299.25 $ 73.00 $ 79.00 $ 82.95 $ 14.00 $ 15.00 $ 15.75 $ 87.00 $ 94.00 $ 98.70 $ 42.00 $ 45.00 $ 47.25 $ 14.00 $ 15.00 $ 15.75 $ 56.00 $ 60.00 $ 63.00 $ 61.00 $ 66.00 $ 69.30 $ 217.00 $ 236.00 $ 247.80 6 7/' 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 FROM: Randy Distad, Parks and Recreation Director J.jS SUBJECT: Approve Proposal for Structural Engineering Services DATE: March 16,2009 INTRODUCTION Staff solicited proposals for engineering services related to the structural inspection and assessment of the current Rambling River Center building. DISCUSSION Previously the City Council had requested that a proposal other than from just Bonestroo be acquired and so TKDA, an engineering, architectural and planning firm was contacted about submitting a proposal. Proposals for services related to the structural inspection and assessment of the current Rambling River Center building were submitted by both firms and the proposals are attached for your review. TKDA is proposing a lower cost to perform the services that have been requested. The cost for the basic services provided by TKDA is a lump sum of $2,000 compared to Bonestroo's proposed costs of $4,800 plus a not to exceed amount of $200 for reimbursable expenses such as mileage. BUDGET IMPACT The cost of hiring TKDA to perform the services in its proposal is a lump sum of $2,000. This amount would be paid from the Rambling River Center's budget. This cost was not included as part of the 2009 Rambling River Center budget. ACTION REOUESTED Approve the hiring of TKDA to perform the engineering services it has identified in its proposal. ~ctfullY ~. u.b~ttrJ ~ U~ jlJ~ Randy Distad, Parks and Recreation Director 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636-4600 Fax 651-636-1311 www.bonestroo.com February 23, 2009 .. Bonestroo Mr. Randy Distad Parks and Recreation Director City of Farmington 430 Third Street Farmington, MN 55024 Email: Rdistad@cLfarminqton.mn.us Re: Condition Assessment Services Proposal Rambling River Senior Center Bonestroo No. M00141-09001-0 Dear Mr. Distad: Weare pleased to provide this proposal for engineering services, as requested, to assess the condition ofthe 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 ofst. Paul observed distress. St. Cloud Rochester Milwaukee Chicago Engineering Planning Inno,atlon aty of Farmington Rambling River Senior Center Page 2 February 23, 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. Oty 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, B PhL.eas ij.~ Attachments Cc: Tom Madigan - Bonestroo Paul Steward - Bonestroo Rambling River Senior Center Farmington, MN APPENDIX A SCOPE OF SERVICES LIST Structural Condition Assessment Service/Deseri tion x X X X X X X Finishes will/will not be X Finishes X X X X X Inc. Part 2- Desl X X X X X X X X X X X X X X X X Page 1 of 2 Ramb/ing River Senior Center Farmington, MN Inc. NIl SUDD. Service/Description Part 3 - Biddinl and Construction Services x Contact contractors and solicit auotes for remediation/reoalr. X Provide contract administration throuClhout construction. X Provide periodic site inspection throughout construction. Estimated number of visits/visits per week: X Document reoairedjremediated 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 APPENDIX B 2009 RATE SCHEDULE Classification Senior Principal Principal Specialist* Project Manager Senior Engineer] Scientist I Architects )Landscape 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 Survey Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per use) How Meter (per week) Air Detection Equipment (per halfday) 2Q.Q9. $ 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 $ 22.00 $ 80.00 $ 200.00 $ 25.00 * Specialist: Experts in highly technical disciplines including Principal Planners and Market Analysts. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo. TKDA ENGINEERS. ARCHITECTS. PLANNERS 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 March 4, 2009 (651) 292-4400 (651) 292-D083 Fax www.tkda.com Mr. Randy Distad, Director Parks and Recreation Department City of Farmington 430 Third Street Farmington, Minnesota 55024 Re: Proposal for Engineering Services Senior Center Building Condition Assessment Farmington, Minnesota Dear Mr. Distad: Pursuant to communications with you, we propose to provide Engineering Services in connection with the Senior Center Building Condition Assessment hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter, the City of Farmington is referred to as the OWNER. I. PROJECT DESCRIPTION The OWNER would like a condition assessment performed on the existing Senior Center Building located at the corner of Third and Spruce Street to determine a future use for it. The building construction consists of clay block exterior walls on concrete foundations, a concrete slab on grade, and a wood framed roof. Original construction documents are not available for this building. Currently, the OWNER is considering either selling or demolishing the building. n. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. Conduct one site visit to visually inspect the condition of the existing Senior Center Building structure. B. Prepare a written letter report summarizing: 1. Observations made during the condition assessment site visit. 2. Opinions regarding the condition of the building structure based on our visual inspection. 3. Repair recommendations. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. Randy Distad, Director Parks and Recreation Department City of Farmington Proposal for Engineering Services - Senior Center Building Condition Survey March 4,2009 Page 2 III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 ofthe General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. An estimate of probable construction costs for the repairs recommended. B. Drawings and specifications for the repairs recommended. C. An estimate of probable construction costs to demolish the existing building. D. Further design effort or documentation beyond that described in SECTION II. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 ofthe General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services within 21 days thereafter. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis as described in Article 3 ofthe attached General Provisions in the Lump Sum amount of $2,000. Our current Hourly Rate Schedule is attached. Mr. Randy Distad, Director Parks and Recreation Department City of Farmington Proposal for Engineering Services - Senior Center Building Condition Survey March 4,2009 Page 3 VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Farmington and the return of a signed copy to us. This Proposal will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, J r-~ . Vincent T. Montg President ~ Ruth D. Christensen, P.E. Project Manager ACCEPTED FOR THE CITY OF FARMINGTON By Title Date VTM:RDC:jls ATTACHMENTS: SCHEDULE 3000-S30 GENERAL PROVISIONS TOLTZ, KlNG, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS, ARCHITECTS, PLANNERS ST. PAUL, MINNESOTA JANUARY 1, 2008 to DECEMBER 31, 2009 SCHEDULE OF BILLING RATES Classification Range of Hourly Billing Rates* Senior Registered Engineer, Architect, or Planner $ 114.00 to $ 231.00 Engineering, Architectural, or Planning Specialist II $ 120.00 to $ 168.00 Engineering, Architectural, or Planning Specialist I $ 78.00 to $ 135.00 Registered Engineer, Architect, Landscape Architect, $ 72.00 to $ 153.00 Planner, or Interior Designer Graduate Engineer, Architect, Landscape Architect, $ 54.00 to $ 114.00 Planner, or Interior Designer Technician III $ 54.00 to $ 99.00 ** Technician II $ 54.00 to $ 99.00 ** Technician I $ 33.00 to $ 57.00 ** In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence: Vehicle Mileage Current IRS Rate per mile. Vehicle Allowance (Resident Construction Services Only) $10.00/ Day Vehicle Allowance (Survey Crew Only) $14.00/ Day 2. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2009. ** For hours worked over 40 hours per week individuals will be paid one and one-half times the above rates. Schedule 3000-S30 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES,INCORPORATED General Provisions Of Architect-Engineer Agreement ARTICLE 1. GENERAL These General Provisions are intended to be used in conjunction with a letter-type Agreement between Toltz, King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA. and a OWNER, wherein the OWNER engages TKDA to provide certain Architectural, and/or Engineering services on a Project. k; used herein, the term .this Agreement' refers to (1) TKDA's Proposal Letter which forms the basis for the Agreement upon its acceptance by the OWNER, (2) these General Provisions, and (3) any attached Exhibits, as ff they were part of one and the same document. With respect to the order of supersedence, any attached Exhibits shall govern over these General Provisions and the Letter Agreement shall govern over any attached Exhibits and these General Provisions, ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with the schedule set forth in the Letter Agreement or any Exhibits attached thereto, ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services described in this Agreement shall be on a Lump Sum basis and/or an Hourty Rate basis as designated in the Letter Agreement and as hereinafter described. 1, A Lump Sum method of payment for TKDA's services shaH apply to all or parts of a work scope where TKDA's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy, The OWNER shall make monthly payments to TKDA within 30 days of date of invoice based on an estimated percentage of completion of TKDA's services, 2. An Hourty Rate method of payment for TKDA's services shall apply to all or parts of a work scope where TKDA's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an Hourly Rate method of payment TKDA shall be paid for the actual hours worked on the Project by TKDA technical personnel times an hourty billing rate established for each employee, Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee, A rate schedule shall be furnished by TKDA to OWNER upon request. In addition to the foregoing, TKDA shall be reimbursed at cost for the following Direct Expenses when incurred in the performance of the work: (a) Travel and subsistence, (b) Computer services, (c) Outside professional and technical services with cost defined as the amount billed TKDA plus 10%, (d) Identifiable reproduction and reprographic costs, (e) Other expenses for additional items and services as set forlh in the Letter Agreement. The OWNER shall make monthly payments to TKDA within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. B, The OWNER will pay the balance stated on the invoice unless OWNER notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case, only the disputed item will remain undue until resolved by the parties, All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less, TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys fees, incurred in connection with collecting amounts owed by OWNER In addition, TKDA may after giving seven days' written notice to the OWNER, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges, OWNER agrees that TKDA shall not be responsible for any claim for consequential damages arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required signifICantly exceeds that estimated due to changed conditions and thereby constitutes extra work. they shall notify the OWNER of that fact Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days written notice, In addition, the OWNER may at any time, reduce the scope of this Agreement Such reduction in scope shaH be set forth in a written notice from the OWNER to TKDA. In the event of unresolved dispute over change in SCOpe or changed conditions, this Agreement may also be terminated upon seven days' written notice as provided above, In the event of termination, all documents finished or unfinished, prepared by TKDA under this Agreement shall be made available by TKDA to the OWNER pursuant to Article 6, and there shall be no further obligation of the OWNER to TKDA under this Agreement except for payment of amounts due and owing for work perfonned and expenses incurred to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement. In the event of a reduction in scope of the Project work, TKDA shall be paid for the work perfonned and expenses incurred on the Project work thus reduced and for any completed and abandoned work, for which payment has not been made, computed in accordance with the provisions of Article 3 and the Letter Agreement. ARTICLE 6. DISPOSITION OF PLANS. REPORTS AND OTHER DATA At the time of completion or termination of the work, TKDA shall make available to the OWNER, all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or any other project Any reuse without written verification or adaptatKln by TKDA for the SpecifIC purpose intended will be at OWNER's sole risk and without liability or legal exposure to TKDA. In this regard, the OWNER will indemnify and hold harmless TKDA from any and aU suits or claims of third parties arising out of such reuse, which is not specifically verified, adapted, or authorized by TKDA. In the event electronic copies of documents are made available to the OWNER pursuant to the foregoing paragraph, the OWNER acknowledges that the useful life of electronic media such as magnetic tapes and/or floppy disks may be limited because of deterioration of the media or obsolescence of the computer hardware and/or software systems, Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to OWNER. ARTICLE 7. OWNER'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to signing an acceptance blank on the Letter Agreement, the OWNER may execute the contract by issuing a purchase order signed by a duly authorized representative, Such purchase order shall incorporate by reference the terms end conditions of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and those contained in the OWNER's purchase order, the terns and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warrantees, express or implied, are made by TKDA. ARTICLE 8. OWNER'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the OWNER shall supply, in proper time and sequence, the following at no expense to TKDA: 1, All necessary information regarding its requirements as necessary for orderly progress of the work, 2, Designate in writing, a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmij instructions, receive instructions, receive information, and interpret and define OWNER's policies with respect to TKDA's services, TKOA-OWNER GENERAL PROVISIONS OCTOBER 1m 3. Fumish, as required for performance of TKDA's services (except to the extent provided otherwise in the Letter Agreement or any Exhibits attached thereto), data prepared by or services of others, including without limitation, core borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials end equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Letter Agreement or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; fumish approvals and permits from all govemmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine an reports. sketches, drawings, specifICations and other documents prepared end presented by TKDA, obtain advice of an attorney, insurance counselor or others as OWNER deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), Consullants or TKDA. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos and/or pollution in the Project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and 'pollutant" shaH mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardO\Js or toxic waste. HazardO\Js or toxic waste means any substance, waste, pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now exisling or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in the Project, TKDA shall cease activity on the Project and promplly notify the OWNER, who shall proceed as set forth above. Unless otherwise specifically provided in the Letter Agreement, the services to be provided by TKDA do not include identification of asbestos or pollution, and TKDA has no duty to identify or attempt to identify the same within the area of the Project. With respect to the foregoing, OWNER acknowledges and agrees that TKDA is not a user, handler, generator, operator, treater, storer, transporter or disposer of asbestos or pollution which may be encountered by TKDA on the Project. It is further understood and agreed that services TKDA wiH undertake for OWNER may be uninsurable obligations invoMng the presence or potential presence of asbestos or pollution. Therefore, OWNER agrees, except (1) such liability as may arise out of TKDA's sole negligence in the performance of services under this Agreement or (2) to the extent of insurance coverage available for the claim, to hold harmless, indemnify and defend TKDA and TKDA's officers, subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages. liability and costs, including. but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos or pollution. This indemnification is intended to apply only to existing conditions and not to conditions caused or created by TKDA. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or TKDA may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record' drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 11. Provide other services, materials, or data as may be set forth in the Letter Agreement or any Exhibits attached thereto. B. TKDA shall be entilled to rely on the accuracy and completeness of information furnished by the OWNER. If TKDA finds that any information fumished by the OWNER is in error or is inadequate for its purpose, TKDA shall promptly notify the OWNER. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations. feasibitity studies, economic analyses of alternate solutions and utilitarian considerations of operations end maintenance costs provided for in the Letter Agreement or any Exhibits attached thereto, are to be made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is recognized, however, that TKDA does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs wiH not substantially vary from opinions, evaluations or studies submitted by TKDA to OWNER hereunder. ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or or-€qual items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a resull of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. OWNER agrees that if TKDA is not employed to provide such profeSSional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, TKDA will not be responsible for, and OWNER shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising O\Jt of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by OWNER or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consullants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under this Agreement. ARTICLE 11. INSURANCE TKDA shall procure and maintain insurance for protection from claims against rt under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims against it for damages because of injury to or destruction of property including loss of use resulling therefrom. Also, TKDA shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional servICes caused by any negligent act, error, or omission for which TKDA is legally liable. Certificates of insurance will be provided to the OWNER upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the OWNER. ARTICLE 13. CONTROLLING LAW This Agreement is to be govemed by the laws of the State of Minnesota. ARTICLE 14. NON-DISCRIMINATION TKDA will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non-discrimination. ARTICLE 15. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between OWNER and TKDA. TKDA-OWNER GENERAL PROVISIONS OCTOBER 1993 7' u 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 Robin Roland, Finance Director i Senior Citizen Special Assessment Deferral - Finance FROM: SUBJECT: DATE: March 16, 2009 INTRODUCTION Senior citizens may apply for deferral of special assessments to their property under Chapter 206 of State statutes if they meet certain hardship criteria. DISCUSSION The City has received a request for senior citizen special assessment deferral from Richard Martin, 605 Elm Street, for his Elm Street assessment of $3,650. Mr. Martin has presented the required documentation and qualifies for the deferral. ACTION REOUESTED Approve deferral of the $3,650 Elm Street Assessment for Richard Martin at 605 Elm Street. 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Fax 651.280.6899 www.ci.farmington.mn.us SUBJECT: Mayor, Councilmembers, City Administrator Kevin Schorzman, P.E., City Engineer ~ 2009 Seal Coat Project Public Hearing TO: FROM: DATE: March 16, 2009 INTRODUCTION At the January 20, 2009 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 16, 2009, for the 2009 Seal Coat project. DISCUSSION The 2009 Seal Coat project is the sixteenth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Figure 1 of the report and Attachment A are to be included in the seal coat program this year. The streets in Meadow Creek 4th Addition, Charleswood Crossing, Middle Creek East 3rd Addition, Fire Station #2 and the 1 st Street Garage are to be seal coated for the first time this year. The streets of Hillview, Terra Addition, Dakota County Estates 2nd through 5th Additions, Henderson Addition, East Farmington 3rd through 5th Additions, 3rd Street north of Elm Street to Pine Street, 4th Street north of Elm Street to Willow Street, 4th Street north ofCSAH 74 to north of Maple Street, 5th Street north of Elm Street to Linden Street, 5th Street north ofCSAH 74 to Walnut Street, 5th Street north of Mlfle Street to halfblock south of Walnut Street, 6th Street north of Elm Street to Pine Street, 6 Street north ofCSAH 74 to half block south of Walnut Street, 7th Street north of Elm Street to Pine Street, 7th Street north of Willow Street to Linden Street, 7th Street north ofCSAH 74 to half block south of Walnut Street, Linden Street between 5th Street and 7th Street, Willow Street between 4th Street and TH 3, Pine Street between 3rd Street and TH 3, Main Street between 3rd Street and TH 3, Locust Street east of 5th Street to 6th Street, MaEle Street east of 4th Street to half block east of 6th Street, Beech Street east of 6th Street to 7 Street, Beech Street east of 7th Street to TH 3, Hickory Street west ofTH 3 to 7th Street, Hickory Street east of 4th Street to 5th Street and Highland Circle south ofCSAH 74 are also scheduled to be seal coated this year. 2009 Sea/coat Public Hearing March 16, 2009 Page 2 of2 BUDGET IMPACT Since 2004, the City has participated in a Joint Powers Agreement with the cities of Bumsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Mendota Heights, West Saint Paul, and South Saint Paul to complete Farmington's seal coat project. The 2009 Joint Powers Agreement was approved by the Council at the January 20, 2009 City Council meeting. The total estimated project cost, as shown in the feasibility report, for the 2009 Seal Coat project was approximately $439,800. The City's special assessment policy indicates a 50/50 cost sharing split between the City and benefiting properties for seal coat improvements. The estimated assessment based on the project cost estimate in the feasibility report and the special assessment policy is $132.90 per residential equivalent unit. Bid results for the 2009 Seal Coat Project were received by the City of Bumsville on February 27, 2009. The unit price from the apparent low bidder was $1.08 per square yard compared to $1.10 per square yard used in the feasibility report to estimate project cost. The unit price of the apparent low bidder results in an estimated assessment of$130.90 per residential equivalent unit, and an estimated project cost of$431,800. ACTION REOUESTED Adopt the attached resolution ordering the 2009 Seal Coat project, approving the plans and specifications, and authorizing the City to complete these improvements as part of the Joint Powers Agreement with Bumsville. Respectfully submitted, :Z;~ Kevin Schorzman, P.E. City Engineer cc: file RESOLUTION NO. R-09 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY TO COMPLETE THESE IMPROVEMENTS AS PART OF A JOINT POWERS AGREEMENT PROJECT 09-01, 2009 SEAL COAT PROJECT 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 16th day of March 2009 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution ofthe City Council adopted the 20th day of January 2009, fixed a date for a Council hearing on the proposed 2009 Seal Coat Project; and, WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 16th day of March, 2009, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other City improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 16th day of March, 2009. 3. Plans prepared by David R. Sanocki, P.E., Engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City complete these improvements as part of the Joint Powers project administered by the City of Bumsville. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of March 2009. Mayor Attested to the day of March, 2009. City Administrator SEAL 2009 Attachment A Streets Hill View Addition Upper 183rd Street West Exodus Court Exley Avenue Everton Court Terra 1st and 2nd Addition Upper 18 3ra Street Euclid Way Euclid Street Dakota County Estates jrd_5th Addition English Ave 183rd Street Upper 183rd Street 184th Street Embers Avenue Dakota County Estates 2nd Addition 180th Street Elgin Avenue Echo Terrace Upper 182nd Street Emerald Trail Emerald Circle Elkwood Avenue Ellice Lane Echo Drive Meadow Creek lh Addition Dylan Drive 186th Street Dulaney Drive Duluth Street Dunbury Avenue Dulcimer Court Dulcimer Circle Location West phase line to east court. North of Upper 183rd Street West North of Upper 183rd Street West to north phase line North of Upper 183rd Street Euclid Street to Pilot Knob Euclid Street to Upper 183rd Street North phase line to south phase line South of Upper 182nd Street to 183rd Street West English Ave to east phase line Pilot Knob to east phase line Upper 183rd Street to Embers Avenue North of 185th Street West to north phase line West phase line to Elgin Avenue North phase line to Echo Terrace Ellice Lane to Echo Drive East ofEly Avenue to east phase line West phase line to Echo Drive All South phase line to Upper 182nd Street West Upper 182nd Street West to 180th Street West Elgin Avenue to south phase line West phase line to Dunbury Avenue Dunbury Avenue to Dulaney Drive 186th Street to Duluth Street North phase line to Dunbury Avenue North phase line to south phase line All All Streets Charleswood Crossing Eureka Avenue Estes Path 197th Street West Akin Road Middle Creek 3rd Addition Eastview Avenue East Oaks Drive North of Downtown Area 3rd Street 4th Street Sth Street 6th Street 7th Street (south of Pine Street) 7th Street (north of Willow Street) Linden Street Willow Street Pine Street Pine Street Main Street Original Down Town 4th Street Sth Street Sth Street 6th Street 7th Street Locust Street Maple Street Beech Street Hickory Street Hickory Street Highland Circle Henderson Addition 9th Street 10th Street Maple Street Hickory Street Location 195th Street to Pilot Knob Eureka A venue to 197th Street West Estes Path to Pilot Knob 19Sth Street to Elm Street South of 206th West All North of Elm Street to Pine Street North of Elm Street to Willow Street North of Elm Street to Linden Street North of Elm Street to Pine Street North of Elm Street to Pine Street North of Willow Street to Linden Street Sth Street to 7th Street 4th Street to TH 3 3rd Street to 4th Street Sth Street to TH 3 3rd Street to TH 3 North of Ash Street (CSAH 74) to south of Maple Street North of Ash Street to Hickory Street. North of Maple Street to half block south of Walnut Street North of Ash Street to half block south of Walnut Street North of Ash Street to half block south of Walnut Street East of Sth Street to 6th Street East of 4th Street to half block east of 6th Street East of 6th Street to TH 3 West of TH 3 to 7th Street East of 4th Street to Sth Street South of Ash Street North of Ash Street to Maple Street North of Ash Street to Maple Street East of TH 3 to east phase line East of 9th Street to 10th Street Streets E&tF~mmgwn3m-5ffiand 9th Additions 12th Street 13 th Street 14th Street Elm Street Oak Street Spruce Street Walnut Street East Farmington tfh Addition Oak Street 12th Street Miscellaneous Fire Station #2- Parking Lot Farmington 1 st Street Garage Location South of213th Street to south phase line South of213th Street to south phase line South of Elm Street to south phase line East of 12th Street to 14th Street West of 14th Street to western phase line West of 14th Street to western phase line West of 14th Street to western phase line East of 1105 Oak Street to 12th Street Oak Street to 213th Street 19695 Municipal Drive 710 15t Street /~ 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: Randy Distad, Parks and Recreation Director \",t' SUBJECT: Parks and Recreation Department's 2008 Annual Report DATE: March 16,2009 INTRODUCTION The Parks and Recreation Department staff members have compiled a written report that summarizes the work completed by the Department in 2008. DISCUSSION The Parks and Recreation Department's 2008 Annual Report (Annual Report) serves as an informative document that celebrates the Department's work accomplishments in the past year. The Annual Report provides information about the projects, programs and ongoing routine tasks that were completed this past year. The Annual Report serves as a larger snapshot of who we are and what we do on an annual basis. As you review the Annual Report, it becomes evident that the Department has incredibly talented and hard working staff members who have accomplished great things for the City in 2008. ACTION REOUESTED There is no action requested. The Annual Report is meant for informational purposes only. .R. e..spectfullY SubnL. it.ted.~, /~ ))~ Randy Distad, Parks and Recreation Director :~~ .:~ ~WiJ -~ ) oro, ~.- ~.I.;"'.-: iIli" ~ · ',"' 3t,,~t""""" .--. 4t.. ";"*~~ ._~~~ "Depot Wa\ Arts Park" l\ational Recreatil1l1 ,Uld Park /\,'OCialioll :::008 Great Lakes Region Partnership .-\ \lard "... :-... "Party on the Knoll" Event Minnesota Recreation and Park Association 2008 Award of Excellence Winner "QQU_OCQliOIWilbJ fU.rmloRlQOJ r8si~d~tRtStQfl.Qr~tha_DJ 3QI88aEI" Mission Statement: ~YJie Parks and 2lecreation V'!Partments mission is to "provide quality ftcilities; "parks; "programs and environment that ft!ftflj customer e~ectationJ; im"proves the quality if Ifft and "promotes community unity. ~~ The Year in Review.... 2 'alrks Planning 2030 Park and Recreation Master Plan . 80+ page document that identifies policies and strategies for future parks, trails, recreational programs and recreational facilities . Includes maps of existing and future trails and parks . Includes inventory of facilities and amenities located in the park system . Contains 18 individual park master plans for City parks, which are long range visions for the City's parks Individual Park Master Plans . Lake Julia Park . Pine Knoll Park . Rambling River Park l1!Jprovements Daisy Knoll Park . Portion of an aging trail was removed and replaced with a new trail surface . New main entrance park sign was installed North Creek Park Park was initially developed with the following improvements made: . 2- 5 and 5-12 year old separate play structures including swing sets was installed . Concrete curb installed around the play structures and swing sets . Engineered wood fiber installed under and around all play structures and swing sets to bring it into compliance for accessibility and safety . Outdoor hockey rink installed including paved surface, boards, new goals, protective netting on the ends of the boards and state of the art lighting . Outdoor pleasure rink created . Lighting for pleasure rink and parking lot was installed as part of the lighting of the hockey rink . Trees were moved from a City nursery by a tree spade and were planted around the playground equipment . Temporary warming house installed for winter skating . New main entrance and trail entrance park signs installed and Kwik Kerb concrete edging installed around the signs 3 Farmington Preserve Park Park was initially developed with the following improvements made: . Installed a 5-12 year old play structure including swing sets . Concrete curb installed around play structure and swing sets . Engineered wood fiber installed under and around play structure and swing sets to bring it into compliance with accessibility and safety requirements . 600 linear feet of bituminus trail installed in park to provide access from an existing parking lot to the new playground equipment and basketball court . A 56 foot by 90 foot bituminus pad was installed that allowed for a single basketball pole and backboard being installed that accommodates a half court basketball court and court games were marked on the remaining surface . Park site was seeded with turf grass by using a four step process of first spraying the existing vegetation, second removing the dead vegetation, third grading and dragging the soil and finally hydro seeding and fertilizing . Concrete slab was poured and the picnic shelter structure was partially built (the remaining construction of the shelter will occur in 2009) . Trees planted Panoramic view of Farmington Preserve Park's natural area Vermillion Grove Park Improvements that were completed included: . Dakota County Sentence to Service Crew installed 750' wooden board walk through the park's wetland that completed a trail connection from an existing paved trail in the park to an existing paved trail along 203rd Street West . Board walk entrances were built and included finishing of landscape work 4 ';~ Middle Creek Park The following improvement was completed: . Dakota County Sentence to Serve Crew installed a 160 foot wooden board walk through the park's wetland, but connections on ends of boardwalk to existing paved trails will be completed by park maintenance staff in 2009 Maintenance . 240 cubic yards of wood fiber was installed under playground equipment to provide proper depth for safety surfacing . Dragging of City ballfields occurred more than 400 times to prepare and maintain them for play Outdoor Ice . Outdoor ice was increased when a new outdoor hockey rink and pleasure rink with lights were constructed along with a temporary warming house being rented for use at North Creek Park . Warming houses were open 458 hours . We had an estimated 4,740 person counted skating on the ice . 2 hockey rinks were flooded and maintained at Rambling River Park (adjacent to Farmington Middle School West and 1 hockey rink was flooded and maintained at North Creek Park . 6 pleasure rinks were flooded and maintained at Farmington Elementary School, Meadowview Elementary School, Hill Dee Park, North Creek Park, Tamarack Park and Rambling River Park (adjacent to Farmington Middle School West) Picnic Shelter Reservations Name of Park # of Half Day # of Full Day Total Rentals Total Revenue Rentals Rentals Generated 2007 2008 2007 2008 2007 2008 2007 2008 Rambling River 33 42 18 12 51 54 $1,645 $1,800 Evergreen Knoll 18 25 4 9 22 34 $650 $1,155 Westview Park 0 7 0 0 0 7 $0 $210 Tamarack 0 0 0 1 0 1 $0 $45 Hill Dee 3 0 1 0 4 0 $122 $0 Total 54 74 23 22 77 96 $2,417 $3,210 5 BI.tation PrOflrams Swim Bus . The Swim Bus ran for 6 weeks from June 16 through August 1, 2008 . Riders were picked up at 13 different locations . 997 total rides were given in 2008 compared to 1,069 rides in 2007 and 991 rides in 2006. Youth and Family Activities . 3,136 participants in 56 classes in 2008 Adult Sports . 991 participants in 9 programs in 2008 Special Events . 18 total events consisting of 10 Department events and 8 events through collaboration and partnerships . An estimated 4,300 participants attended the 18 special events Rambling River Center . 8 fundraisers raising $5,939 . 1,524 participants used the fitness room . 335 regularly scheduled meetings of non-profit organizations and 13 private rentals. . CAP dining program also uses the Center through an in-kind arrangement and in 2008 served 2,239 people for lunch at the Center and served 6,196 meals to homebound seniors through the Meals on Wheels program. . 36 different bus trips to destinations in the metro area .. In 2008 the Center membership was 531 members (the most ever) compared to 523 members in 2007 . 13,279 participants in 67 different classes 6 Rotary Club of Farmington Parks & Recreation Youth Scholarship Year Number Benefiting Total Value of Scholarships 2004 13 $671 2005 28 $1,566 2006 67 $2,523 2007 76 $3,437 2008 44 $2,114 faciliUI. Outdoor Pool The Farmington Outdoor Pool season was open from Wednesday, June 11 through Sunday, August 24. Monthly Open Swim Attendance Item June June July July August August 2007 2008 2007 2008 2007 2008 2007 2008 Total Total Days 18 20 31 30 20 24 69 days 74 days Open Average 211 191 212 217 113 148 183 187 Number of Swimmers Total 3,795 3,816 6,581 6,506 2,251 3,561 12,627 13,833 Number of Swimmers Program Participation Item Swimmin Lessons Private Rentals 7 Maintenance . Dual drain system was installed in wading pool in order to comply with Minnesota's Abigail Taylor Pool Law . Lateral filter repaired and pine needles were cleaned out of filter . Several pine trees were removed due to needles falling in pool and plugging the filter Schmitz-Maki Arena Learn to Skate . Held on Wednesday and Saturday for two 10 week periods . Two sessions offered in 2008 resulted in 195 total participants compared to 198 participants in 2007 which was a decrease of 3 participants Skate Festival . 6th year of the festival . 101 skaters in 30 different events Public Open Skate . Held on Tuesday and Thursday mornings for 1.5 hours and on Sunday afternoons for 1.5 hours resulting in a total of 105 hours of open ice skating time provided to the general public . Represents about 7.7% of the total hours that the ice was used Ice Usage Group 2007 Hours 2008 Hours Difference Farminf!ton Youth Hockev Association 785.75 810.25 +24.5 hrs Farminf!ton School District 309.25 295.25 -14 hrs Tri-County Fi1!ure Skatin1! Club 73.5 67.5 -6 hrs Senior Men's Hockey 19 18 -1 hr Miscellaneous 49 72 +23 hrs Total 1,236.50 1,263 +26.5 Equipment Improvements . The original arena condenser was removed and replaced. . A leak in the refrigerant piping that is contained within the concrete floor was repaired. 8 . The water treatment system for the condenser was replaced Maintenance . Arena rink floor was repainted with hockey lines and city logos . Refrigeration system was serviced . The floor in the seating areas was painted . Arena was cleaned by facilities staff daily . Parking lot was plowed by arena staff after snow events Dry Floor Events ..),~ l!'" ~!}.~ -:rr~~/!.t\ r'i'!J:ft-. 'LJ~~J "c.,,' . ~.. ',1.",' =~M -'i,,;, ':'" ,or,'-"'- I j,. ~ ," '''", ,'. 1'~J"SJ '~"~ 1',<1 :. . ,I . _, <,',., -~'-"';""''''~t ....~~~~.".. F" ,,' L,,--'JllI' '~l,...;,- ff', --", ",i" '."',31 ~ _iv;., -' ~'~,~ ~,j~: _':--"~'<: . -.A . ~' !."",----! SJ,' ',' M.~,....1!1f~ " ,- ',' :.~~;r,-i':'~Y~ ,_>.,. 'r<c~ ~~ ~ID' ,) ri f .' -.....~"'St,......... '""-'. _> ~ </ ,r - <J ,c>o ~'_~~"_~ I i:ZJ ~ ~~...t . ...~ . Tae Kwan Do tournament was held in May with more than 274 participants being involved with the tournament . Rambling River Days Craft Show occurred in June . Rambling River Center's Bike Auction occurred in June. . Facilities used during Rambling River Days Festival in June. . Facility was used for post Pond and Park Clean Up Day party . Earth and Arbor Day Celebration '81SAlOoel Staffing Level . 12 full-time . 1 part-time . 75 seasonal Volunteers . 799 volunteers . 4,826 hours . Examples o Rambling River Center (200 volunteers = 2,400 hours) o T-Ball coaches (102 volunteers = 816 hours) o Adopt a Park program (125 volunteers = 500 hours) o Dew Run (20 volunteers = 60 hours) o Secret Holiday Shop (80 volunteers = 280 hours) o Pond and Park Clean Up Day (350 volunteers = 700 hours) o Soccer coaches (14 volunteers = 70 hours) 9 Secret Holiday Shop 2008 PARKS & RECREATION ORGANIZATIONAL CHART & Recreation Advisory Parks & Recreation Director Commission ............. Randy Distad I bling River Center Advisory Board . I . . Recreation Park Maintenance Specialist Park & Facilities Maintenance Supervisor - Patti Norman Don Hayes Supervisor - Jeremy Pire Parks Ram . Kellee Omlid-Recreation Specialist . Missie Kohlbeck-Senior Center Coordinator . Cindy McMillen-Building Attendant . Youth Scholarship Program . Swim Bus . Special Events . Rambling River Center Maintenance. Operations/Programs . Youth Sports . Marketing . Seasonal Recreation Programs . Adult Sports/Leagues . Department Website & online program/facility registrations . Outdoor pool operations and programs . Park Improvement Construction Projects . Warming House Operations . Trail Maintenance . Playground Equipment Inspections and Repairs . Park Tree Maintenance . Park and Trail Signage . Snow removal on trails and park parking lots 10 . Mike Nibbe- Facility Maintenance Worker . David Lynch- Facility Maintenance Worker . Randy Bock Facility Maintenance Worker (6 mos.) Park Maintenance Worker (6 mos.) . Dan Theilbar - Park Keeper . Tim Larson - Park Keeper . Ted Novak - Park Keeper . Schmitz Maki Arena & Skate Lessons . Outdoor Pool Maintenance . City Facility Maintenance: o City Hall o Central Maintenance Facility o Fire Station #1 & #2 o 1st Street Maintenance Building . Outdoor Rink Maintenance . Park Maintenance . Ballfield Maintenance . Horticulture/Landscaping Facilities and Grounds IdtniDi8UatilD A wards Minnesota Recreation and Park Association (MRP A) Award of Excellence . Party on the Knoll l\ · \1.((1 ~ I" ".Y rr1; National Recreation and Park Association Great Lakes Partnership Award . Depot Way Arts Park Grants ...... ~~I I '! \ I ;. United States Tennis Association Grant . $605 for Community Tennis in the Parks Program Minnesota Recreation and Park Association Involvement 2008 President . Randy Distad Recreational Sports Commission East Metro Representative . Kellee Omlid 2009 Annual Conference Committee . Missie Kohlbeck TechnoloflV Active Network's On-Line Web Based Registration System . December, 2008 went live with new system that has a reduced transaction fee cost 11 J/CL City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us SUBJECT: Mayor, Councilmembers and City Administrator Robin Roland, Finance Director uj( Adopt Resolution 2009 Budget revision - Finance TO: FROM: DATE: March 16, 2009 INTRODUCTION The 2009 budgeted revenues and expenditures require revision as discussed with Council at the March 2,2009 meeting and March 9, 2009 workshop. DISCUSSION & BUDGET IMPACT As discussed, the changes include increasing MSA maintenance revenue by $20,000; reducing the ALF contribution by $12,400; eliminating the contribution to the fire relief association by $70,200; reducing seasonal staffby $30,000; reducing employee salaries, PERA and FICA by $100,000; reducing police overtime by $22,400 and charging engineering staffing costs to city projects. The following chart shows the effect of the proposed adjustments to the 2009 adopted budget: 2009 Adopted Adjustment 2009 Revised Budget Budget Revenues: Taxes $7,122,799 (350,000) $6,772,799 Intergovernmental 397.100 20.000 417.1 00 Net revenue adjustments (330,000) Expenditures: Administration 947,896 (23,617) 924,279 HRIT 259,590 (4,470) 255,120 Finance 514,300 (8,528) 505,772 Community Development 414,567 (7,676) 406,891 Police 3,569,229 (30,526) 3,538,703 Fire 702,819 (79,891) 622,928 Engineering 679,168 (33,053) 646,115 Municipal Services 952,647 (33,633) 919,014 Parks & Recreation 963 .541 (33.606) 929.935 Net expenditure adjustments (255,000) Total budgeted revenues after this revision would be $8,798,757. Total budgeted expenditures would be $8,873,757. The remaining $75,000 of expenditure reductions will be addressed at the April 6, 2009 Council meeting. ACTION REOUESTED Adopt the attached budget revision resolution. Respectfully submitted, ~ Finance Director RESOLUTION NO. R -09 RESOLUTION REVISING GENERAL FUND BUDGET FOR YEAR ENDED DECEMBER 31, 2009 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 16th day of March 2008 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Code provides for the increase ofthe amounts in the budget only if, and to the extent that actual receipts exceed the estimated revenues, and; WHEREAS, the City Council may at any time reduce the sums appropriated for any purpose in the original budget resolution, and; WHEREAS, the City Council adopted the 2009 budget on Resolution R80-08 on December 15, 2008. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the following revisions to the general fund budget for the year ended December 31, 2009 are authorized: Adooted oer R80-08 Revised oer this resolution General Fund Revenues: Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Other Revenues Transfers In Total $7,122,799 306,450 397,100 550,200 109,000 323,208 320.000 9.128.757 $6,772,799 306,450 417,100 550,200 109,000 323,208 320.000 8.798.757 Expenditures: Administration Human Resources/Information Tech Finance Community Development Police Fire Engineering Municipal Services Parks & Recreation Transfers Out Total 947,896 259,590 514,300 414,567 3,569,229 702,819 679,168 952,647 963,541 125.000 9.128.757 924,279 255,120 505,772 406,891 3,538,703 622,928 646,115 919,014 929,935 125.000 8.873.757 This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of March 2009. Mayor Todd Larson day of March, 2009. Attested to the Peter J. Herlofsky, Jr., City Administrator SEAL 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.