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HomeMy WebLinkAbout01.03.22 Work Session Packet CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL WORK SESSION MEETING AGENDA January 3, 2022 5:00 PM 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Finalize Process for City Council Candidate Interviews (20 Minutes) (b) Annual Organizational Matters (15 Minutes) (c) Federal Vaccine/Testing Policy Mandate Update(20 Minutes) (d) City Council/Work Session Meeting Schedule(10 Minutes) 4. CITY ADMINISTRATOR UPDATE S. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 OFarmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Lynn Gorski, Assistant City Administrator SUBJECT: Finalize Process for City Council Candidate Interviews (20 Minutes) DATE: January 3, 2022 INTRODUCTION City Council will finalize the process for the vacancy on city council. DISCUSSION With the resignation of Councilmember Joy Pearson as of November 16, 2021,the city council agreed to appoint for the open position.There is one year remaining on the vacated city council seat.The new city council member will be appointed at the January 18, 2022, council meeting. City council will review the candidates'application materials and decide who they wish to become finalists in the selection process. Once finalists have been selected, city staff will set up the interviews for January 10, 2022. Please identify the following: (1) Candidates to be interviewed (2) Interview schedule (3) Creator of interview questions Remaining Application Process December 27-January 3-City Council reviews applications January 10-City Council interviews applicants January 11-12 - Background check for selected candidate January 18-City Council appointment BUDGET IMPACT N/A ACTION REQUESTED Finalize the appointment process for the open city council seat and provide direction to city staff. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Annual Organizational Matters (15 Minutes) DATE: January 3, 2022 INTRODUCTION Annually at the first City Council meeting of the year,appointments are made to a variety of committees and assignments. DISCUSSION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments and Council has traditionally taken this time to approve the following actions: (1). Acting Mayor—Council By-laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. According to the Council By-laws, "The Acting Mayor shall be selected as follows: Odd Numbered Year-Member serving third year of term who received the most votes when elected; Even Numbered Year- Member serving fourth year of term who received the second most votes when elected." Due to the vacant City Council seat,and 2022 being an even numbered year,the by-laws do not provide a solution for the appointment of Acting Mayor in this situation. Options for council to consider: A. Appoint the member in the 4th year of their term receiving the most votes when elected (Councilmember Bernhjelm)thereby serving as Acting Mayor in 2021 and 2022. B. Appoint the member in the 2nd year of their term receiving the most votes when elected (Councilmember Wilson)thereby serving as Acting Mayor in 2022 and 2023. C. Appoint the member in the 2nd year of their term receiving the second most votes when elected (Councilmember Porter)thereby serving as Acting Mayor in 2022 and 2024. (2). Official Publication—The city solicited a quote from the Dakota County Tribune newspaper for legal publications and a quote was received. Farmington no longer has a newspaper with a known office or secondary office located in Farmington. Therefore, due to low cost and high circulation, staff is recommending the Dakota County Tribune be designated as the city's official newspaper. See attachments for further information. (3). City Attorney—Staff recommends re-appointing Joel Jamnik with the firm of Campbell Knutson as City Attorney for the year 2022. A copy of the agreement is attached which does not have an expiration date. (4). Official Depositories—Please refer to the attached memo that identifies official city depositories for fiscal year 2022. (5). Process Servers—The Farmington Police Department is the designated city Process Server for 2022. (6). City Clerk's Bond—State law requires the City Clerk be bonded. The city is covered by a $1,000,000 Faithful Performance bond. (7). Fees and Charges—At the November 15, 2021, City Council meeting, Council adopted Ordinance 021-765 establishing fees and charges for the year 2022. (8). Boards and Commissions—Interviews were held on Monday, December 13, 2021,for the purpose of selecting commission candidates. Appointments will be made at the January 18, 2022, City Council meeting. (9). ALF Ambulance Board Appointment Primary and Alternate—A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2022. Councilmember Wilson served as the primary representative and Councilmember Pearson as alternate in 2021. There is typically one meeting per year traditionally held in the month of May. (10). DCC Board of Directors Appointment—Councilmember Porter currently serves as Director and Councilmember Bernhjelm serves as Alternate Director through December 31,2022. Meetings are held quarterly on the third Thursday of the designated month at 8:00 a.m.in the DCC Training Room (Feb 17, May 19,Sept 15, Nov 17). (11). Castle Rock, Empire, Eureka, Farmington(CEEF)Appointment—Appoint a Councilmember to serve on this board in 2022. Councilmember Pearson served on the CEEF Board. Meetings are held as needed. (12). Joint Farmington/Empire Planning Advisory Committee Appointments—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2021, Councilmember Bernhjelm, City Administrator David McKnight,and Planning Commission Member Phil Windschitl served on this committee. Meetings are held as needed. (13). Farmington/Castle Rock Discussion Group—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2021,Councilmember Wilson,City Administrator David McKnight,and Planning Commission Member John Franceschelli served on this board. Meetings are held as needed. (14). Eureka/Farmington Planning Advisory Committee—Appoint and/or acknowledge a Councilmember,a staff member and Planning Commission representative to this board. In 2021, Mayor Hoyt,City Administrator David McKnight,and Planning Commission Member Krista Tesky served on this board. Meetings are held as needed. (15). M USA Review Committee Appointments—Appoint two Councilmembers to serve on this board in 2022. Councilmembers Wilson and Bernhjelm currently serve on this board along with Planning Commission Chair Dirk Rotty and member LeeAnn Lehto. Meetings are held as needed. (16). Liquor Operations Committee—Appoint two Councilmembers to serve on this committee in 2022. Councilmembers Bernhjelm and Porter currently serve on this committee. Meetings are held once a year. (17). Farmington Intergovernmental Committee—Appoint two Councilmembers to serve on this committee in 2022. Councilmembers Bernhjelm and Pearson served on this committee. Meetings are held as needed. (18) Dakota Broadband Board—Appoint one member and one alternate to serve on this committee in 2022. Currently Mayor Hoyt serves as a member and Councilmember Porter served as the alternate. Meetings are held monthly the second Wednesday at 4 pm in Apple Valley. (19) Dakota Broadband Executive Committee—Appoint Peter Gilbertson as Primary and David McKnight as alternate to the Dakota Broadband Executive Committee for 2022. Meetings are held monthly the second Wednesday at 3 pm in Apple Valley. (20) Airlake Airport Advisory Commission—In October 2021,Councilmember Porter was appointed as the primary representative and Councilmember Wilson as the alternate for 2021—2023. Meetings are held twice a year. (21). Appointment of Director and Alternate to LOG S—Appoint Jennifer Gabbard as Director and Jim Constantineau as Alternate to LOG IS for 2022. (22). Responsible Authority for data practices appointment—Appoint by resolution, City Administrator, David McKnight as responsible authority for data practices and Jennifer Gabbard as compliance officer and Gary Rutherford as responsible authority for law enforcement for 2022. (23). Approve the City Council By-laws as presented. (24). Attached are current City Council Policies for review. Council should advise of any desired changes. BUDGET IMPACT N/A ACTION REQUESTED Make appointments to all of the committees and assignments for 2022. ATTACHMENTS: Type Description © Exhibit Exhibits COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 3,2022 MOTION by ,second by as follows: (1). That Councilmember be designated as Acting Mayor fiom January 3, 2022, through December 31,2022. (2). That the Dakota County Tribune be designated as the official publication from January 3, 2022,through December 31,2022. (3). Continue the Agreement for Legal Services with Campbell Knutson, Joel Jamnik as City Attorney for 2022. (4). That Old National Bank of Farmington, Oppenheimer& Co., Inc.,RBC Capital Markets and Castle Rock Bank, be designated as the Oficial Depositories from January 3, 2022, through December 31,2022. (5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2022. (6). Approve a$1,000,000 Faithful Performance bond for the City Clerk. (7). ORDINANCE NO. 021-765 Establishing Fees and Charges for licenses and permits for 2022 was adopted November 15, 2021. (8). Appointments to Boards and Commissions — Candidates were interviewed December 13, 2021, and appointments will be made at the January 18,2022, Council Meeting. (9). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. (10). Councilmember Porter currently serves as Director and Councilmember Bernhjelm serves as the Alternate Director to the Dakota Communications Center Board of Directors through December 31, 2022. (11). Appoint Councilmember as the City's representative to the CEEF Committee. (12). Appoint Councilmember , Staff member David McKnight and a Planning Commission member to the Farm ingtonlEmpire Planning Advisory Committee. (13). Appoint Councilmember , Staff member David McKnight and a Planning Commission member to the Farmington/Castle Rock Discussion Group. (14).Appoint Councilmen-iber , Staff member David McKnight, and a Planning Commission member to the Eureka/Farmington Planning Advisory Committee. (15). Appoint Councilmembers and to the MUSA Review Committee. (16). Appoint Councilmembers and to the Liquor Operations Committee. (17). Appoint Councilmembers and to the Farmington Intergovernmental Committee. (18). Appoint Councilmember as a member and Councilmember as alternate to the Dakota Broadband Board. (19). Appoint Peter Gilbertson as Primary and David McKnight as alternate to the Dakota Broadband.Executive Committee. (20). Councilmember Porter serves as the primary representative and Councilmember Wilson serves as the alternate through December 31, 2023, on the Airlake Airport Advisory Commission. (21).Appoint Jennifer Gabbard as Director and Jim Constantineau as Alternate to LOGIS for 2022. (22).Appoint by RESOLUTION R -22 David McKnight as the Responsible Authority for data practices and Jennifer Gabbard as Data Practices Act Compliance Officer and Gary Rutherford as Responsible Authority for law enforcement for 2022. (23). Approve City Council By-laws as presented. (24).Approve the Council Policies as presented or advise of any desired changes. APIF,MOTION CARRIED. CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON ® 65�-280-6800 ' C(,))) Farmington MN.gov TO: Mayor and City Council FROM: David J. McKnight, City Administrator SUBJECT: 2022 Official Newspaper DATE: January 3, 2022 i INTRODUCTION Each year the City Council designates an official newspaper for publications for city business. This action is taken at the first meeting of the year as a part of the organizational matters. DISCUSSION The City Attorney has developed the form that the newspapers use to send in their proposals. State statute 331A.04 deals with the designation of a newspaper for official publication for the city. A copy of state statutes 331A.01 (definitions) and 331A.04 are included with this memo for your review. The city shall designate a qualified newspaper in the following priority: 1. The known office of issue located within the city shall be designated. 2. When no qualified newspaper has a known office of issue located in the city, a newspaper that has a secondary office located in the city shall be designated. 3. If no known office of issue or secondary office is located in the city, a qualified newspaper of general circulation shall be designated. The City Council may ignore the priorities by state statute and select any qualified newspaper if all of the following conditions are met: 1. The newspaper is a qualified medium of official and legal publication. 2. The publisher of the newspaper furnishes a sworn statement covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75%of the households within the city. 3. The newspaper has provided regular coverage of the proceedings of the governing body of the city and will continue to do so. 4. The city votes unanimously to designate the newspaper. The city has received one proposal for our official newspaper for 2022,from the Dakota County Tribune. All of the information submitted by the newspaper is included with this memo for your review. Farmington does not have a newspaper with their known office or secondary office of issue within the City of Farmington. Following is the pricing information submitted: Number of Characters per line Type Size Price per Inch Dakota County Tribune 36 7 $5.50 BUDGET IMPACT The costs for publishing required information in our official newspaper are included in various budgets in the 2022 city budget. ACTION REQUESTED Due to low cost and high circulation, city staff recommends that a motion be made to designate the Dakota County Tribune as the official newspaper for 2022. VA 17F Ala EAST CENTRAL. MINNESOTA November 15, 2021 Ms. Cynthia Muller City of Farmington, 430 Third Street Farmington, MN 55024 Dear Ms. Muller, Please accept the following bid from the Dakota County Tribune for legal newspaper designation for the City Of Farmington. This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2022: First insertion: $5.50 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the SunThisweek/Dakota County Tribune website at no additional charge. The Dakota County Tribune is published weekly on Fridays. The deadline is 10:00 a.m. on Tuesdays for publication on Friday of the same week. Please email legal notices to publicnotice(a)apaecm.com. Thank you for considering the Dakota County Tribune as the official newspaper for the City Of Farmington for the upcoming year. We appreciate the opportunity to serve the needs of your city. Sincerely, 4— QhaLA Tonya 4--1;( Public Notice Department Manager 15322 Galaxle Avanue Sulta 219•Apple Valley,MN 55124-970.343.0407•SUNTHISWEEK.COM EXHIBIT A FARMINGTON OFFICIAL,NEWSPAPER PROPOSAL Submission Date:November 16,2021 Name of Publication: Dakota County Tribune Name of Publisher: Mark Weber,Adams Publishing Group Contact Person and Method/Means of Contact:Tonya Orbeck,Public Notice Dept. Manager Specify address for the Known Office of Issue for your paper: 15322 Galaxie Avenue, Suite 219,Apple Valley, MN 55124 Specify address for the Secondary Office of Issue for your paper 234 South Main Street, Cambridge, MN 55008 No e:if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law, please include the following; a sworn statement by the newspaper publisher,verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision;the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper and,if the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper,its qualification to publish public notices for the political subdivision terminates. Provide the approximate readership of the newspaper: 8942 Print Provide the circulation or readership within the City of Farmington: 2545 Provide the circulation within zip code 55024: 2545 Provide the delivery method for the newspaper: U.S. Post Office Frequency of publication: Weekly every Friday Legal notice deadline: 10:00 a.m. Tuesday for Friday's Edition 70189 3 Indicate whether newspaper is compatible with Microsoft Word:Yes Indicate whether newspaper is compatible with Adobe Reader: Yes If the newspaper is not compatible with Microsoft Word and Adobe Reader, identify what electronic means the newspaper would use to accept communications from the city: Excel for financial statements Identify the number of characters and spaces that your publication uses per line 36 Identify the type size, in points, of legal notices (must be a minimum of six points): 7 point font. 8 point heading Price per inch for printing legal notices: $5.50 Note:The maximum rate charged for publication ofa public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspapers regular customers. Provide the lowest classified rate for commercial users as described above: $10.00 70189 4 � UNITED STATES Statement of Ownership, Management, and Circulation POSTALSERVICE@ (All Periodicals Publications Except Requester Publications) 1,Publication Title 2.Publication Number Dakota County Tribune I I � V p 2 9-17-2021 4.Issue Frequency 5.Number of Issues Published Annually 6.Annual Subscription Price Weekly - Friday 52 x•00 7.Complete Mailing Address of Known Office of Publication(Not printer)(Street,city,county,state,and ZIP+4®) Contact Person 15322 Galazie Ave#219 C Swanson Telephone(Include area code) Apple Valley, MN 55124- Dakota County 763-424-7396 8.Complete Mailing Address of Headquarters or General Business Office of Publisher(Not printer) 15322 Galazie Ave#219 Apple Valley, MN 55124 9.Full Names and Complete Mailing Addresses of Publisher,Editor,and Managing Editor(Do not leave blank) Publisher(Name and complete mailing address) Mark Weber 15322 Galazie Ave#219, Apple Valley, MN 55124 Editor(Name and complete mailing address) Keith Anderson 15322 Galazie Ave#219, Apple Valley, MN 55124 Managing Editor(Name and complete mailing address) 10.Owner(Do not leave blank.If the publication is owned by a corporation,give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock.If not owned by a corporation,give the names and addresses of the individual owners.If owned by a partnership or other unincorporated firm,give its name and address as well as those of each Individual owner.If the publication Is published by a nonprofit organization,give Its name and address.) Full Name Complete Mailing Address APG East Central Minnesota 4095 Coon Rapids Blvd Coon Rapids, MN 55433 11.Known Bondholders,Mortgagees,and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds,Mortgages,or Other Securities.If none,check box No ❑ None Full Name Complete Mailing Address 12. Tax Status(For completion by nonprofit organizations authorized to mail at nonprofit rates)(Check one) The purpose,function,and nonprofit status of this organization and the exempt status for federal income tax purposes: ❑ Has Not Changed During Preceding 12 Months ❑ Has Changed During Preceding 12 Months(Publisher must submit explanation of change with this statement) PS Form 3626,July 2014(Page 1 of 4(see instructions page 4)) PSN:7530-01-000-9931 PRIVACY NOTICE:See our privacy policy on www.usps.com. 13.Publication Title 9-17-2021 Dakota County Tribune 15.Extent and Nature of Circulation Average No.Copies No.Copies of Single Each Issue During Issue Published Preceding 12 Months Nearest to Filing Date a.Total Number of Copies(Net press run) 9205 9245 (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541(Include paid 50 distribution above nominal rate,advertiser's proof copies,and exchange copies) 66 b.Paid Circulation (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid 7270 7350 (By Mail distribution above nominal rate,advertiser's proof copies,and exchange copies) and Outside Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, the Mail) (3) Street Vendors,Counter Sales,and Other Paid Distribution Outside USPS® Paid Distribution by Other Classes of Mail Through the USPS (4) (e.g.,First-Class Mail®) c.Total Paid Distribution[Sum of 15b(1),(2),(3),and(4)] ' 7336 7400 d.Free or (1) Free or Nominal Rate Outside-County Copies Included on PS Form 3541 Nominal Rate Distribution (2) Free or Nominal Rate In-County Copies Included on PS Form 3541 (By Mail and Outside Free or Nominal Rate Copies Mailed at Other Classes Through the USPS (3) the Mail) (e.g.,First-Class Mail) (4) Free or Nominal Rate Distribution Outside the Mail(Carriers orothermeans) 1789 1750 e.Total Free or Nominal Rate Distribution(Sum of 15d(1),(2),(3)and(4)) 1789 1750 f. Total Distribution(Sum of 15c and 15e) ' 9125 9150 g.Copies not Distributed(See Instructions to Publishers#4(page#3)) ' 80 95 h.Total(Sum of 15f and g) 9205 9245 I. Percent Paid (15c divided by 15f times 100) ' 80.40% 80.90% *If you are claiming electronic copies,go to line 16 on page 3,If you are not claiming electronic copies,skip to line 17 on page 3. PS Form 3526,July 2014(Page 2 of 4) UNITEDSTATES Statement of Ownership, Management, and Circulation POSTAL SERVICE@ (All Periodicals Publications Except Requester Publications) 16. Electronic Copy Circulation Average No.Copies No.Copies of Single Each Issue During Issue Published Preceding 12 Months Nearest to Filing Date a. Paid Electronic Copies ' 3 5 b. Total Paid Print Copies(Line 15c)+Paid Electronic Copies(Line 16a) ' 7339 7405 c. Total Print Distribution(Line 150+Paid Electronic Copies(Line 16a) ' 9128 9155 d. Percent Paid(Both Print&Electronic Copies)(16b divided by 16c x 100) ' 80.40% 80.90% ❑I certify that 50%of all my distributed copies(electronic and print)are paid above a nominal price. 17. Publication of Statement of Ownership ❑If the publication is a general publication,publication of this statement is required.Will be printed ❑ Publication not required. in the October 1, 2021 Issue of this publication. 18. Signature and Title of Editor,Publisher,Business Manager,or Owner Date rb'z� 09-22-2021 1 certify that all information furni don this form Is true and complete,I understand that anyone who furnishes false or misleading Information on this form or who omits material or information requested on the form may be subject to criminal sanctions(including fines and Imprisonment)and/or civil sanctions (including civil penalties). PS Form 3526,July 2014(Page 3 o/4) PRIVACY NOTICE:See our privacy policy on www.usps.com. Office of the Minnesota Secretary of State Legal Newspaper Status Application . Minnesota Statutes,Chapter 331.4.02 " c Must be tiled between September 1 and December 31,each year Filing Feet$M.00 Please read the instructions before completing this form. * 1.Current Name and Known Office of Issue Adduces of Newspaper. g1'oTE OFFsMI NNESOTA Mmumw srM FILED Dakota County Tribune 15322 Galaxie Ave#219 DEC 10 2021 Apple Valley,MN 55124 VC/ �A.vµnv 2.IF CHANGED,list the new name and/or address of known office of issue: $eCfemry of state Name of Newspaper Street Address: (Must ba a complete street address or rural route and rural route box number) City: State: NX Zip Code: 3. County of Known Office of issuet(Required) J.&Cg;Lo _ 4. Legal Newspaper Phone Number: (Required) 4 f (e (Area e)Phone Number 5. Name and daytime phone number of contact person: ���L 4 AOX, .1 Contact Name Daytime Phone Number b. Email Address for Official Notices Enter an email address to which the Secretary of State can forward official notices required by law and other notices: E-Mail Address: ,n�/C v to C', , 0 e rn:n 7.This legal newspaper certifies that It has complied'with a of the requirements of Minnesota Statutes,sectiotn 3314.02: 3, L the undersigned,certify that I am signing this document as the person whose signature is required,or as agent of the parson(s)whose signature would be required who has authorized me to sign this document on his/her behalf,or in both capacities. 1 further certify that I have completed all required fields,and that the infoz=Won-in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document 1 am subject to the peiialties of perjury as set forth in Section 609.49 as if 1 had signed this document under oath. Signature Autlzorized Representative(Required) _ Date internalForms/LegatNewspaperAppHcroflWarMallkWim4uga i&P.7/2amd s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss, COUNTY OF DAKOTA) Tonya Orbeck being first duly sworn, on oath states as follows: 1. 1 am the publisher of the Dakota County Tribune,or the publisher's designated agent. I have personal knowledge of the facts stated In this Affidavit,which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has compiled with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes§331A.02. 3. The publisher's lowest classified rate paid by commercial users for comparable space,as determined pursuant to§331A.06,is as follows:$10.00 per column inch. 4. [NEW] Mortgage Foreclosure Notices(Effective 7/9/151. Pursuant to Minnesota Statutes§580.033 relating to the publication of mortgage foreclosure notices:The newspaper's known office of issue Is located in Dakota County.The newspaper complies with the conditions described in§580.033,subd. 1,clause(1)or(2), If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located,a substantial portion of the newspaper's circulation Is in the latter county. Sk�natu Subscribed and sworn to before me on this ,2 9 day of 62- CATHY L NELSON WOO- Notary Public ' AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 2021, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL 10WTSON, Professional Association,a Minnesota corporation("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee.The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by action of the City Council. B. The Attorney may terminate this Agreement at any time,provided that the Attorney shall give the City ninety(90)days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City,billed at the following hourly rates with a minimum increment of two-tenths of an hour: 1 1679610 Civil Municipal 2021 2022 Partners $172.00 $177.00 Associate Attorneys $150.00 $155.00 Legal Assistants/Law Clerks $ 93.00 $98.00 Legal services included are: • Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. • Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. • Reviewing all Council and Planning Commission agenda items and minutes. • Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. • Reviewing municipal contracts, including contracts for public improvements, developments,joint powers agreements,construction and purchase of equipment. • Consulting on employment related issues. • Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. • Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. • Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. • Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City,and suggesting action or changes in operations or procedures to assure compliance. • Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. • Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. • Civil litigation,condemnation and other civil actions. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City,billed at the following hourly rates: Prosecution 2021 2022 Partners $162.00 $167.00 Associate Attorneys $145.00 $150.00 Legal Assistants/Law Clerks $93.00 $98.00 2 16796lv5 C. Pass Through: The customary hourly rate of the attorney or legal assistant doing the work,ranges from$200.00 to$400.00 per hour and from$125.00 to$150.00 per hour,respectively, for legal services that are to be passed through to third parties according to the City's policies. The majority of development related services is anticipated to be provided by Joel Jamnik and Jean Olson,whose pass-thru rates for the duration of this contract will be$300.00 and$150.00 per hour respectively. D. Costs: Out-of-pocket costs without mark-up. Costs include: • Westlaw research • Recording/filing fees • Postage of 50¢or more • Photocopies at 20¢per copy • Color copies at 40¢per copy • Miscellaneous litigation E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty(30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. AUSCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment; The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in 3 167961v5 r , the salve manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest,Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties;or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney, and the new rates will take effect on January 1 of each respective year. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: ��202 /. CITY OF FARMINGT By: oshua Hoyt, or By: avid McKni t, inistrator Dated: 2020 CAMPBELL KNUTSON Professional Association By: J 1 J.J ' , ice President By: Elliott B.Knetsch,Vice President 4 1679610 CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON ® 651-28o-6800 , C(()) Farmington M N.gov TO: Mayor, Councilmembers FROM: David McKnight, City Administrator SUBJECT: Official Depositories of City Funds DATE: January 3, 2022 INTRODUCTION Each year, official depositories of funds have been designated by the City Council. In accordance with statute and city policy, the following vendors are recommended as depositories for fiscal year 2022: Old National Bank Oppenheimer & Co., Inc. RBC Capital Markets Castle Rock Bank These depositories have received and will comply with the city investment policy. There was no change to the investment policy in 2021. BUDGET IMPACT Revenues from investment interest are in the 2022 budget. ACTION REQUESTED Staff is recommending Council designate the above as city depositories for 2022. RESOLUTION NO. DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA PRACTICES COMPLIANCE OFFICER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota,was held in the Council Chambers of said city on the 3rd day of January 2022 at 7:00 p.m. Members Present: Members Absent: Member and Member introduced and seconded the following: WHEREAS,The Minnesota Data Practices Law requires the city to appoint a Responsible Authority. NOW,THEREFORE, BE IT RESOLVED the City Council of Farmington, Minnesota, hereby appoints David McKnight, City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Gary Rutherford, Police Chief as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Jennifer Gabbard, Human Resources Director as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of January 2022. Mayor Attested to the day of January 2022. City Administrator SEAL CITY COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by state law, city ordinance or elsewhere. SECTION I-MEETINGS SUBD. 1 -Regular meetings of the city council shall be held on the first (1 st) and third(3rd)Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2 - Special meetings of the city council may be called by the Mayor or by any two members of the city council in writing,filed with the Clerk. At least three days before the meeting,the Clerk shall notify each member of the time,place and purpose of the meeting by electronic notice to be sent to him/her personally. At least three days prior to the meeting,the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the city council, require immediate attention: Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each city council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed,but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD. 3 -At the first regular city council meeting in January of-each year,the city council shall: (1) designate the depositories of city funds; (2) designate the official newspaper; (3)pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city, or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year-Member seining thud year of terns who received the most votes when elected; Even Numbered Year-Member serving fourth year of term who received the second most votes when elected. SUBD. 4 - Commission appointments for boards and commissions shall be made at the second regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 -All city council meetings, as defined by State Law,including special and adjourned meetings shall be open to the public. The city attorney or City Administrator shall advise the city council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the city attorney or City Administrator. The attorney or City Administrator shall bring any changes in his interpretation to the attention of the city council, in writing, and have the subject placed on the agenda for discussion. 1 SUBD. 6—The city council shall adopt such policies that will ensure an orderly,mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of city affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such councilmember in the absence of the Mayor. The city council may adopt such rules as a separate city council policy and may make such changes in policy as deemed appropriate. SECTION II-PRESIDING OFFICER; RULES OF ORDER SUBD. 1 - The Mayor shall preside at all meetings of the city council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both,the Clerk shall call the meeting to order and shall preside until the city council members present at the meeting choose one of their members to act temporarily as presiding officer. �I SUBD. 2 -The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the city council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the city council, and the mover, as well as the seconder,must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated,cannot be withdrawn except by majority vote of the city council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member,while speaking, shall confine him/herself to the question at hand and avoid all personal,indecorous or sarcastic language. E. Whenever any member of the city council desires to speak on any question which affects him/her personally,s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held,the presiding officer, during the open hearing, shall allow any member of the public present,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the city council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting,the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD. 3 -Any member may appeal to the city council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 SECTION III-AGENDAS SUBD. 1 -The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to city council under the"Approve Agenda" section of the meeting. SUBD. 2 -The agenda packet shall be distributed electronically to the city council by 6:00 p.m. on the Thursday preceding the city council meeting. SUBD. 3 -Any councilmember can place an item on the agenda by so instructing the Clerk. SUBD. 4 -No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 5 -The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed,but no action may be taken if any member objects. SUBD. 6 -A consent agenda may be included as part of the agenda,to be approved by a unanimous vote of the city council. Items may be removed fiom the consent agenda by request of the Mayor or councilmembers. SECTION IV- ORDER OF BUSINESS SUBD. 1 -Each meeting of the city council shall convene at the time and place appointed therefore. City council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (7) Consent Agenda (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business (13) City Council Roundtable 3 (14) Adjourn SUBD. 2 -The order of business may be varied by the presiding officer,with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the city council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of city council business. SUBD. 3 -Each person shall be allowed a maximum of five minutes to address the city council under Citizen Comments. SECTION V-MINUTES SUBD. 1 -Minutes of each city council meeting shall be kept by the Clerk, or,in his absence,his designee. In the absence of both,the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Cleric and can be accurately identified from the description given in the minutes. SUBD. 2 -The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and included in the agenda packet for approval at the next city council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud, but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD. 3 -Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD. 4 -The minutes shall substantially follow the following format: MINUTES CITY COUNCIL MEETING (REGULAR OR SPECIAL)MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions,including a copy of each motion exactly as stated, whether or not the motion had a second and, if so,whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. SECTION VI - QUORUM AND VOTING SUBD. 1 -At all city council meetings a majority of all the councilmembers elected shall constitute a quorum for the transaction of business. SUBD. 2 - The votes of members on any question pending before the city council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; 4 approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member,being present, does not vote,the minutes shall be stated "Abstain: Name." SUBD. 3 -Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII- ORDINANCES,RESOLUTIONS,MOTIONS,PETITIONS AND COMMUNICATIONS SUBD. 1 -If requested by any member of the city council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the city council shall be in writing and shall be read in full upon presentation of the same to the city council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 -Every ordinance and resolution passed by the city council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 -Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII-ADMINISTRATOR REVIEW SUBD. 1 - The city council shall conduct an annual review of the city administrator. The procedure shall be substantially, as follows: A. The administrator shall distribute a city council approved evaluation form on or before the anniversary of the administrator's appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the city attorney within 21 days from the date the evaluation document is received by city council. D. The city attorney shall tabulate the results of the evaluation without any reference to individual councilmembers. E. The city council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX-BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 - There shall be submitted to the city council at the first meeting of January of each year, an attendance report of various boards and commissions and the city council. 5 SUBD. 2—Attendance reports shall be submitted to the city council on the following citizen involvement in boards and commissions: Water Board,Planning Commission,Parks and Recreation Advisory Commission,Rambling River Center Advisory Board, and Economic Development Authority. SUBD. 3 -Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 -It shall be the goal of the city council to meet at least one time per year with each board and commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the city council,board or commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. 1 -Definitions For the purpose of this section,the following terms shall have these meanings given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the city for a public purpose as determined by the city council. Authorized expenditures shall include, but not be limited to,the following: Travel(except auto mileage within 25 miles),meals,registration, tuition,course materials. Official Function: Any function which is for a public purpose as determined by the city council Official functions shall include,but not be limited to,the following: city council meetings outside of the city limits,League of Minnesota Cities functions,training sessions, education courses, official city business, legislative meetings, seminars, meetings where city representation is requested. SUBD.2 - An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the city council. B. The city council must be authorized to make the expenditure, C. The money must have actually been spent on behalf of the city, except as provided under Subdivision 3(C)(2). D. The city council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). SUBD. 3 -Procedure: A. A request to attend an official function,or to request reimbursement for attending an official function shall be submitted to the city council on an authorized form for consideration as soon as reasonably possible. B. The city council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C)are met, or deny the request. 6 C. The person may submit a list of itemized expenditures on an authorized form for city council action as follows: 1. Reimbursements for expenses may be submitted for city council consideration. 2. The city council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures,and reimburse the city for any unused portion. SUBD. 4 -The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget,provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI-SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD. 2 -These by-laws shall not be repealed or amended except by a majority vote of the whole city council after notice has been given at some preceding city council meeting. SECTION XII-EFFECTIVE DATE SUBD. 1 -These by-laws have been adopted by the city council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Reviewed: 1/3/12, 1/7/13, 1/6/14, 1/5/15, 1/4/16, 1/3/2017, 1/2/18, 1/7/19; 1/6/20; 1/4/21; 1/3/22 Amended: 8/03/87, 1/21/92,4/20/92, 8/17/92,2/01/93,7/18/94, 9/06/94, 1/17/95, 1/16/96, 3/03/97, 11/03/97, 1/05/98,2/1/99, 1/18/05, 2/2/09, 1/3/12; 1/5/15, 7/5/2016, 1/2/18, 1/7/19 7 COUNCIL POLICY- 01 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members,the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint, she or he is encouraged to contact the City Administrator, or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. i Adopted 10/6/97 COUNCIL POLICY- 02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. i Adopted 10/6/97 COUNCIL POLICY- 03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hued to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale, process, and procedures issues and associated background information,but should allow staff to exercise their professional judgment with confidence. Adopted 10/6/97 COUNCIL POLICY- 04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work enviromnent. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible, considered, and objective manner. Adopted 10/6/97 COUNCIL POLICY- 05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY—06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. ■ Welcome and encourage citizen comments on matters of interest or concern ■ Preserve and promote the accurate exchange of information ■ Preserve the equal rights of citizens to communicate their views ■ Provide for an orderly, courteous, and efficient meeting ■ Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain fiom interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1105 CITY OF 0 Q 430 Third St., Farmington, MN 55024 FARMINGTON o 651.28o_6800 —IIII�� O Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Federal Vaccine/Testing Policy Mandate Update(20 Minutes) DATE: January 3, 2022 INTRODUCTION As the city council is aware, in November 2021,the federal Occupational Safety and Health Administration (OSHA) announced an Emergency Temporary Standard (ETS) mandating that employers with 100 or more employees require employees to be vaccinated against COVI D-19 or undergo weekly testing and wear face coverings. Since Minnesota has an OSHA-approved occupational safety and health program (MNOSHA),the adopted standards will cover state and local government employers with 100 or more employees, including cities. Minnesota Statute 1823.651, subd. 7. DISCUSSION The OSHA ETS has been subject to ongoing litigation. After the Fifth Circuit Court of Appeals temporarily halted the ETS requirements on November 6, 2021, effectively stopping enforcement of the ETS,similar challenges to the ETS quickly arose in federal circuits throughout the United States. Pursuant to court rules designed to prevent inconsistent legal rulings across the country, all of the legal challenges to the ETS were assigned to the Sixth Circuit Court of Appeals. On December 17, 2021,the Sixth Circuit Court of Appeals dissolved the stay issued by the Fifth Circuit. This decision effectively allowed OSHA to continue with its plans to enforce the ETS. Almost immediately after this decision,the parties objecting to the ETS asked the Supreme Court of the United States to prevent OSHA from enforcing the ETS. The Supreme Court will hear oral arguments about the stay on January 7, 2022. The Supreme Court may not release a decision until the following week or later. OSHA has stated it will exercise its discreation in enforcing the ETS and will not cite employers for violations of the ETS prior to January 10, 2022. It also will not cite employers for violations of the testing requirements prior to February 9, 2022. Both of these enforcement extensions only apply if the employer is "exercising reasonable,good faith efforts"to comply with the ETS. MNOSHA has the option of implementing an identical standards or one that is "at least as effective as" the new federal standard. MNOSHA plans to adopt the federal ETS as soon as January 3, 2022. MNOSHA states it will exercise similar discretion and follow the same timeline established by federal OSHA. Minnesota cities with 100 or more employers should prepare to comply with the ETS requirements that will be enforced beginning on January 10,2022. Prior to January 10, 2022, cities should- • Establish a policy on vaccination/testing for employees (attached); • Determine the vaccination status of each employee, obtain proof of;vaccination from vaccinated employees and establish a record keeping system for vaccination status (upcoming);and • Provide notice and information to employees about the ETS (completed) Begining on January 10, 2022 cities must ensure that employees who are not fully vaccinated wear face coverings indoors and when sharing a vehicle with another person for work purposes. All of this is contingent upon the decision made by the Supreme Court. While I wish the order of things would have been consecutive, our reality is the start date of the mandate is three days after the Supreme Court hearing. I have attached our draft policy which is based off of the draft that OSHA developed. While I know that this is not popular with some, it is the mandate that we must follow at this point. I have shared with staff along the way on this issue and its progress. I have not asked staff for proof of vaccination at this point, hoping that the Supreme Court will make a quick decision. I have informed staff that when I do ask for this information, I will need the required documentation in a very timely manner. BUDGET IMPACT NA ACTION REQUESTED Hear the updated provided on this issue and ask any questions you may have. ATTACHMENTS: Type Description u Cover Memo Draft Policy City of Farmington Vaccination,Testing and Face Covering Policy Purpose Vaccination is a vital tool to reduce the presence and severity of COVID-19 cases in the workplace, in communities and in the nation as a whole. The City of Farmington encourages all employees to receive a COVID-19 vaccination to protect themselves and other employees. However, should an employee choose not to be vaccinated,this policy's sections on testing and face coverings will apply. This policy complies with OSHA's Emergency Temporary Standard (ETS) on Vaccination and Testing. Scope This COVID-19 Policy on vaccination, testing and face covering use applies to all employees (FT, PT, firefighters and seasonal) of the City of Farmington, except for employees who do not report to a workplace where other individuals(such as coworkers or customers) are present; employees while working from home; and employees who work exclusively outdoors. All employees are encouraged to be fully vaccinated. Employees are considered fully vaccinated two weeks after completing primary vaccination with a COVID-19 vaccine with, if applicable, at least the minimum recommended interval between doses. For example,this includes two weeks after a second dose in a two-dose series, such as the Pfizer or Moderna vaccines, two weeks after a single-dose vaccine, such as Johnson and Johnson's vaccine, or two weeks after the second dose of any combination of two doses of different COVID-19 vaccines as part of one primary vaccination series. Employees who are not fully vaccinated will be required to provide proof of weekly COVID-19 testing and wear a face covering at the workplace. Some employees may be required to have or obtain a COVID-19 vaccination as a term and condition of employment with the City of Farmington, due to their specific job duties. Employees subject to mandatory vaccination requirements should follow all relevant vaccination procedures in this policy and are not given the choice to choose testing and face covering use in lieu of vaccination. All employees are required to report their vaccination status and, if vaccinated, provide proof of vaccination. Employee must provide truthful and accurate information about their COVID-19 vaccination status, and, if not fully vaccinated,their testing results. Employees not in compliance with this policy will be subject to discipline. Employees may request an exception from vaccination requirements (if applicable) if the vaccine is medically contraindicted for them or medical necessity requires a delay in vaccination. Employees also may be legally entitled to a reasonable accommodation if they cannot be vaccinated and/or wear a face covering (as otherwise required by this policy) because of a disability, or if the provisions in this policy for vaccination, and/or testing for 1 COVID-19, and/or wearing a face covering conflict with a sincerely held religious belief, practice or observance. Request for exceptions and reasonable accommodations must be initiated by the employee in writing to the city administrator. All such requests will be handled in accordance with applicable laws and regulations, city policies and union contracts if applicable. Procedures Overview and General Information Vaccination Any City of Farmington employee that chooses to or is required to be vaccinated against COVID- 19 must be fully vaccinated not later than January 10, 2022. Any employee not fully vaccinated by January 10, 2022 will be subject to the regular testing and face covering requirements of the policy. To be fully vaccinated by January 10, 2022, an employee must- Obtain the first dose of a two-dose series not later than November 29, 2021 and the second dose no later than December 27, 2021. ✓ Obtain one dose of a single dose vaccine no later than December 27, 2021. Employees will be considered fully vaccinated two weeks after receiving the requisite number of doses of a COVID-19 vaccine as stated above. An employee will be considered partially vaccinated if they have received only one dose of a two-dose vaccine. Employees may schedule their vaccination appointments through an on-site clinic, through their own medical provider or with a mass-vaccination clinic. The city administrator will maintain this policy and all associated documentation. Testing and Face Coverings All vaccinated employees who are not fully vaccinated as of January 10, 2022, will be required to undergo regular COVID-19 testing and wear a face covering when in the workplace. Policies and procedures for testing and face coverings are described in the relevant sections of this policy. 2 Vaccination Status and Acceptable Forms of Proof of Vaccination All vaccinated employees are required to provide proof of COVID-19 vaccination, regardless of where they received the vaccination. Proof of vaccination status can be submitted in person or via email to the city administrator. Acceptable proof of vaccination status includes- 1. The record of immunization from a health care provider or pharmacy; 2. A copy of the COVID-19 Vaccination Record Card; 3. A copy of medical records documenting the vaccination; 4. A copy of immunization records from a public health, state or tribal immunization information system; or 5. A copy of any other officially documentation that contains the type of vaccine administered, dates) of administration, and the name of the healthcare professional(s) or clinic site(s) administering the vaccine(s). Proof of vaccination generally should include the employee's name, the type of vaccination administered, the date(s) of administration and the name of the healthcare professional(s) or clinic site(s)that administered the vaccine. In some cases, state immunization records may not include one or more of these data fields, such as clinic site; in those circumstances the City of Farmington will still accept the state immunization record as acceptable proof of vaccination. If an employee is unable to produce one of these acceptable forms of proof of vaccination, despite attempts to do so, the employee can provide a signed and dated statement attesting to their vaccination status (fully vaccinated or partially vaccinated); attesting that they have lost and are otherwise unable to produce one of the other forms of acceptable proof; and including the following language- I declare that this statement about my vaccination status is true and accurate. 1 understand that knowingly providing false information regarding my vaccination status on this form may subject me to discipline and/or criminal penalties." An employee who attests to their vaccination status in this way should to the best of their recollection, include in their attestation the type of vaccine administered, the date(s) of administration, and the name of the healthcare professional(s) or clinic site(s) administering the vaccine. 3 All Employees All employees, both vaccinated and unvaccinated, must inform the City of Farmington of their vaccination status. The following table outlines the requirements for submitting vaccination status documentation. Vaccination Status Instructions Deadline(s) Employees who are fully Submit proof of vaccination January 10, 2022 vaccinated that indicates full vaccination Employees who are partially Submit proof of vaccination January 10, 2022 vaccinated (i.e., one dose of that indicates when the first a two dose vaccine series) dose of vaccination was received, followed by proof of the second dose when it is obtained Employees who are not Submit statement that you January 10, 2022 vaccinated are unvaccinated, but are planning to receive a vaccination by the deadline Submit statement that you January 10, 2022 are unvaccinated and not planning to receive a vaccination Supporting COVID-19 Vaccination An employee may take up to four hours of duty time per does to travel to the vaccination site, receive a vaccination and return to work. This would mean a maximum of eight hours of duty time for employees receiving two doses. If an employee spends less time getting the vaccine, only the necessary amount of duty time will be granted. Employees who take longer than four hours to get the vaccine must send the city administrator an email indicating the reason for the additional time (e.g., they may need to travel long distances to get the vaccine). Any additional time requested will be granted, if reasonable, but will not be paid; in that situation,the employee can elect to use accrued leave, e.g., sick leave, to cover the additional time. If an employee is vaccinated outside of their approved duty time they will not be compensated. Employee may utilize up to two work days of sick leave immediately following each dose if they have side effects from the COVID-19 vaccination that prevent them from working. Employees who have no sick leave will be granted up to two days of additional sick leave immediately following each dose if necessary. 4 The following procedures apply for requesting and granting duty time to obtain the COVID-19 vaccine or sick leave to recover from side effects: ✓ All requests should be submitted in writing to the city administrator as soon as possible. An answer will be provided as quickly as possible in writing. Employee Notification of COVID-19 and Removal from the Workplace The City of Farmington will require employees to promptly notify the city administrator when they have tested positive for COVID-19 or have been diagnosed with COVID-19 by a licensed healthcare provider. Employees should immediately notify their supervisor if you are sick or experiencing symptoms while at home or at work. This should be done by telephone,text or email whenever possible. In person contact should be avoided. Employees have the benefit of all city, state and federal policies in place in regard to COVID-19 for employees who test positive for or are diagnosed with COVID-19. Medical Removal from the Workplace The City of Farmington has also implemented a policy for keeping COVID-19 positive employees from the workplace in certain circumstances. The City of Farmington will immediately remove an employee from the workplace if they have received a positive COVID-19 test or have been diagnosed with COVID-19 by a licensed healthcare professional (i.e., immediately send them home or to seek medical care, as appropriate). Staff who are able will leave the workplace immediately. For those that may need assistance, family members or friends will be called to provide the needed assistance if possible. Staff will follow the current CDC guidelines on the time away from the workplace. If able, staff may be able to work from home during any required quarantine time if their position allows. Return to Work Criteria For any employee removed because they are COVID-19 positive,the City of Farmington will keep them removed from the workplace until the employee receives a negative results on a COVID-19 nucleic acid amplification test (NAAT)following a positive result on a COVID-19 antigen test if the employee chooses to seek a NAAT test for confirmatory testing; meets the return to work criteria in CDC's "Isolation Guidance," or receives a recommendation to return to work from a licenses healthcare provider. 5 Please see CDC's "Isolation Guidance"for the most current information on asymptomatic employees returning to work. If an employee has severe COVID-19 or an immune disease, the City of Farmington will follow the guidance of a licensed healthcare provider regarding return to work. COVID-19 Testing All employees who are not fully vaccinated will be required to comply with this policy for testing. Employees who report to the workplace at least once every seven days: A. Must be tested for COVID-19 at least once every seven days: B. Must provide documentation of the most recent COVID-19 test result to the city administrator no later than the seventh day following the date on which the employee last provided a test result. Any employee who does not report to the workplace during a period of seven or more days (e.g., if they were teleworking for two weeks prior to reporting to the workplace): A. Must be tested for COVID-19 within seven days prior to returning to the workplace; and B. Must provide documentation of that test result to the city administrator upon return to the workplace. If an employee does not provide documentation of a COVID-19 test result as required by this policy, they will be removed from the workplace until they provide a test result. Employees who have received a positive COIVD-19 test or have been diagnosed with COVID-19 by a licensed healthcare provider, are not required to undergo COVID-19 testing for 90 days following the date of their positive test or diagnosis. Employees are fully responsible for finding a location to be tested. Employees must submit test results on a weekly basis as described in the policy to the city administrator. Those employees who do not report for work during a period of seven or more days must be tested for COVID-19 must be tested within seven days prior to returning to the workplace. The employee will be responsible for all testing costs. 6 Face Coverings The City of Farmington will require all employees who are not fully vaccinated to wear a face covering. Face coverings must: (1) completely cover the nose and mouth; (2) be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source); (3) be secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they should have two layers of fabric or be folded to make two layers; (4)fit snugly over the nose, mouth and chin with no large gaps on the outside of the face; and (5) be a solid piece of material without slits, exhalation valves, visible holes, punctures, or other openings. Acceptable face coverings include clear face coverings or cloth face coverings with a clear plastic panel that, despite the non-cloth material allowing light to pass through, otherwise meet these criteria and which may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker's mouth or facial expressions to understand speech or sign language respectively. Employees who are not fully vaccinated must wear face coverings over the nose and mouth when indoors and when occupying a vehicle with another person for work purposes. Policies and procedures for face coverings will be implemented, along with the other provisions required by OSHA's COVID-19 Vaccination and Testing ETS, as part of a multi-layered infection control approach for unvaccinated workers. Face coverings are available from the city if an employee does not have access to one. The following are exceptions to the City of Farmington's requirements for face coverings: 1. When an employee is alone in a room with floor to ceiling walls and a closed door. 2. For a limited time, while an employee is eating or drinking at the workplace or for identification purposes in compliance with safety and security requirements. 3. When an employee is wearing a respirator or facemask. 4. Where the City of Farmington has determined that the use of face coverings is infeasible or creates a greater hazard (e.g., when it is important that the employee's uncovered mouth for reasons related to their job duties, when the work requires the use of the employee's uncovered mouth, or when the use of a face covering presents a risk of serious injury or death to the employee). New Hires All new employees are required to comply with the vaccination, testing and face covering requirements outlined in this policy as soon as practicable and as a condition of employment. Potential candidates for employment will be notified of the requirements of this policy prior to the start of employment. Job postings will include this requirement and new staff members 7 shall submit vaccination documentation or COVID-19 test results on the first day of employment. Confidentiality and Privacy All medical information collected from individuals, including vaccination information,test results and any other information obtained as a result of testing, will be treated in accordance with applicable laws and policies on confidentiality and privacy. Questions Please direct any questions regarding this policy to the city administrator. 8 CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 goo ��■���` ® Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: City Council/Work Session Meeting Schedule(10 Minutes) DATE: January 3, 2022 INTRODUCTION One of the city council members has asked to discuss the city council/work session meeting schedule for 2022. DISCUSSION As you are aware,the schedule of city council meetings,work sessions and EDA meetings was adjusted in 2021. The schedule as it exists today includes- • City Council Work Session and City Council Meeting-First Monday of Each Month • EDA Meeting and City Council Meeting-Third Monday of Each Month. This is a change from the past where the monthly work session was held separately on the second Monday of each month. BUDGET IMPACT NA ACTION REQUESTED Discuss the approach you would like to take for city council related meetings for 2022 and provide direction to city staff.