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HomeMy WebLinkAbout04.20.09 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 APRIL 20, 2009 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Adopt Resolution - Accept Donation - Fire Department 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (4/6/09 Regular) (4/8/09 Workshop) (4/13/09 Workshop) b) Quarterly Building Permit Report - Building Inspections c) Approve License for Utility to Cross Protected Waters - Natural Resources d) March 2009 Financial Report - Finance e) Accept Resignation Planning Commission - Administration f) Authorize Signature of CD A's Redevelopment Incentive Grant Agreement- Planning g) Approve Bills h) Approve Broadband Participation - Administration i) Out of State Conferences Policy Amendment - Administration 8. PUBLIC HEARINGS 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICA TIONS a) Quarterly Liquor Operations Report - Liquor Operations (Supplemental) b) Approve 2030 Comprehensive Plan - 2008 Update - Planning c) Approve Agreements for Completing Rambling River Center Construction Project Work - Parks and Recreation d) Set Public Hearing - Issuance of Bonds St. Francis Health Services of Morris - Finance Action Taken R18-09 Approved Information Received Approved Information Received Accepted Authorized Approved Approved Information Received Information Received R19-09 Approved R20-09 e) Approve City Administrator Employment Agreement - Councilmembers Fogarty and Donnelly 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Council Workshop Schedule - Administration b) Dew Days - Administration (verbal) c) ADAAA, FMLA Training - Human Resources (verbal) d) Highland Circle Information - Administration (verbal) e) Ice Arena Update - Administration 14. ADJOURN Tabled May 18,2009 Information Received Information Received Information Received Information Received Information Received 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 APRIL 20, 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) CONSENT AGENDA a) Approve Council Minutes (4/6/09 Regular) (4/8/09 Workshop) (4/13/09 Workshop) b) Quarterly Building Permit Report - Building Inspections c) Approve License for Utility to Cross Protected Waters - Natural Resources d) Adopt Resolution - Accept Donation - Fire Department e) March 2009 Financial Report - Finance f) Accept Resignation Planning Commission - Administration g) Authorize Signature of CD A's Redevelopment Incentive Grant Agreement- Planning h) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Liquor Operations Report - Liquor Operations (Supplemental) b) Approve 2030 Comprehensive Plan - 2008 Update - Planning c) Approve Agreements for Completing Rambling River Center Construction Project Work - Parks and Recreation d) Set Public Hearing - Issuance of Bonds St. Francis Health Services of Morris - Finance e) Approve City Administrator Employment Agreement - Councilmembers Fogarty and Donnelly Page 9 Page 10 Page 11 Page 12 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Ice Arena Update - Administration b) Approve Broadband Participation - Administration Page 13 Page 14 13. COUNCIL ROUNDTABLE a) Council Workshop Schedule - Administration b) Dew Days - Administration (verbal) c) ADAAA, FMLA Training - Human Resources (verbal) d) Highland Circle Information - Administration (verbal) Page 15 14. ADJOURN 7CL COUNCIL MINUTES REGULAR April 6, 2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Donnelly, Fogarty, May, Wilson None Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Tom Hemish, Tim Thompson, Terry Stapf, Tim Pietsch, Patti Norman, Dawn Johnson 4. APPROVE AGENDA Councilmember May pulled items 7g) Interfund Loan Rambling River Center Renovations and 71) Bills for discussion. MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Earth Day - Municipal Services Mayor Larson proclaimed April 22, 2009 as Earth Day. b) Proclaim Arbor Day - Parks and Recreation Mayor Larson proclaimed April 24, 2009 as Arbor Day. c) Proclaim April 15, 2009 Chief Ken Kuchera Day - Fire Department Mayor Larson proclaimed April 15, 2009 as Chief Ken Kuchera Day. He will be retiring after 38 years of service. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (3/16/09 Regular) b) Received Information Recycling Rate Adjustment - Municipal Services c) Received Information School and Conference - Police Department 1-1 Council Minutes (Regular) April 6, 2009 Page 2 d) Approved School and Conference - Fire Department e) Received Information February 2009 Financial Report - Finance f) Received Information Quarterly Investment Report - Finance h) Approved Appointment Recommendation Liquor Operations - Human Resources i) Authorized School and Conference - Administration j) Approved Mowing Agreement with Toro Company - Parks and Recreation k) Approved Appraisal Agreement Rambling River Center - Administration APIF, MOTION CARRIED. g) Adopt Resolution - Interfund Loan Rambling River Center Renovations - Finance Councilmember May noted a loan amortization schedule was not included and that the memo reads $100,000 but the resolution reads $105,000 with $21,000 annual installments. Finance Director Roland stated as there is no interest, the amortization schedule will be $20,000/year. The resolution will be changed to read $100,000 and $20,000. Councilmember May asked about any interest earned by the Recreation Operating Fund for the five year period due to the increased cash balance will be allocated to the original loaning fund. She asked how this will be determined. Finance Director Roland stated there will not be any interest earnings because we will be running the Rambling River Center fund in a deficit cash position due to collecting the revenues on the back side of the loan. This is a $250,000 project that will be funded by $100,000 upfront and $75,000 in fund raising over the term of the project. During the year we allocate interest earnings based on the cash balances in all of the funds. If there is a negative cash balance, we don't allocate negative earnings. Should there be a positive cash balance in the recreation operating fund, there would be interest revenue that would go towards that, but if any portion of that is due to the loan from the storm water fund, we would move the interest earnings to the storm water fund. This would be determined by the year and the amount of loan outstanding. Councilmember May noted there would be fund raising. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R15-09 authorizing a $100,000 interfund loan from the Storm Water Trunk Fund to the Rambling River Center renovation project. APIF, MOTION CARRIED. I) Approve Bills Councilmember May had several questions on the list of bills and all questions were answered. MOTION by Wilson, second by May to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve On-Sale Liquor License - Administration Ms. Maria Arace1i Cortes, owner of the Cancun Restaurant, 953 8th Street, has applied for an On-Sale Liquor License and On-Sale Sunday Liquor License. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Donnelly to approve 1-2 Council Minutes (Regular) April 6, 2009 Page 3 the On-Sale Liquor License and On-Sale Sunday Liquor License for the Cancun Restaurant at 953 8th Street. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Annual Report - Municipal Services Municipal Services Director Reiten presented the 2008 Annual Report for Municipal Services. This report summarizes the activities and initiatives of the Municipal Services department in 2008. This department includes six divisions; streets, snow, sanitary sewer, water, fleet and solid waste. There is one director, two supervisors, eight maintenance workers, five solid waste operators, two mechanics and one part-time administrative staff. The streets division is responsible for maintaining 80 miles of streets and alleys and 92 cul-de-sacs. Snow removal is divided into 12 routes with priority given to collector streets. Sanitary sewer division is responsible for the operation and maintenance of 83 miles of sewer lines and five lift stations. The water division is responsible for the operation, maintenance and repairs of all facilities necessary to get water to over 6,000 residents and businesses. There are two towers and eight wells. In 2008, the City pumped 788 million gallons of water. In 2008 there were 5300 water meters replaced that were not electronically read. This reduces the length of time to read meters from nine days to half a day. In the fleet division there are two mechanics that provide maintenance and repairs for 89 vehicles, 35 pieces of equipment and ten trailers. The solid waste division provides garbage collection for 6500 residents and 160 commercial accounts. The City negotiated a new recycling contract with DSI for single-stream recycling. Along with Dakota County, the City also offered a one-day hazardous waste drop-off. Councilmember Fogarty asked if all the meters have been changed. Staff replied there is approximately 100 left, some due to foreclosures. Letters were sent to 60 homes that they will be charged $150/month for not setting a time to allow the City to change out the meter. If the house is vacant, the meter is shut-off. The remainder will be handled through City staff rather than the contractor. 11. UNFINISHED BUSINESS a) Approve Contract with YMCA - Administration City Administrator Herlofsky has been having discussions with the YMCA about their assistance with operating the pool this summer. The main purpose is to give the YMCA a presence in the community for the long-term. The City will not save any money and the City's intent is not for the YMCA to make any money, but to have the pool operated as effectively and efficiently as possible. This will allow the lifeguards, attendants, etc., to be hired by the YMCA. They would handle payroll and other activities. In order to begin hiring, a decision from Council is necessary. 1-3 Council Minutes (Regular) April 6, 2009 Page 4 Councilmember Fogarty asked ifthe swim bus only runs within Farmington. Parks and Recreation Director Distad stated it runs within Farmington and makes one stop at the Empire Town Hall which the township pays for. Councilmember Fogarty asked ifthere was any discussion about including the entire school district. This has not been discussed. The same rates are in effect as in 2008. The only change is with the swimming lessons. Councilmember Wilson asked about the operating loss and a new estimate of $5,000 - $10,000. City Administrator Herlofsky explained the total operation of the pool is approximately $100,000 before transfers. The agreement with the YMCA is the City will make the pool ready as we do every year. The difference is the actual pool operations; lifeguards, attendants, etc. would be under the direction of the YMCA. The YMCA's costs would be $40,000 - $50,000. The City feels the costs are closer to $40,000. What makes the pool operation successful is the weather, temperature, and other issues. The City will not save any money. It will save the City time and effort with payroll. The main purpose is to help the YMCA get a presence in the community which was consistent with prior Council. If the Council is not interested in this unless it cuts costs, the City will run the pool as usual. The YMCA discussions with Community Ed and the Parks and Recreation Department are that they can offer additional activities for middle age teens. Originally the City said it costs $75,000 to run the pool. When we put together the costs related to the actual portion the YMCA will do, it is somewhere between $40,000 - $50,000. Councilmember Wilson asked about the $5,000 - $10,000. City Administrator Herlofsky stated the YMCA is saying their operation of the pool will be $45,000 - $50,000 and the City thinks it will be closer to $40,000. The agreement is looking at the YMCA running the pool for two years. Councilmember Wilson asked if we could be in a situation where we would have to provide more financial support than normal. City Administrator Herlofsky stated the intent would be not to. When the agreement is finalized that will be worked out with the City Attorney. Councilmember Wilson stated the YMCA has a new Executive Director who started today and it is possible she may have a different philosophy on this. Another person who was instrumental in this with Community Ed is also moving to another opportunity. There are two major players that were involved with this that are now in different places. With these changes, Councilmember Wilson was uncertain if the direction is the same from their end. City Administrator Herlofsky stated his contact person with the YMCA called him last week to verify their interest and that was Mary Erickson. At that time they both agreed a decision needed to be made in early April to move forward. Councilmember Wilson thought she has moved on or will be. City Administrator Herlofsky stated he has not received any notification stating a change in her position. Councilmember May was confused with the numbers. Staff had said the operating cost was $100,000 before transfers so she wanted clarification on that. The YMCA is saying $50,000 and the City is saying $40,000, so where is ther$100,000? Finance Director Roland explained normally the City receives 1-4 Council Minutes (Regular) April 6, 2009 Page 5 approximately $70,000 worth of revenue from the pool and we have $130,000 - $160,000 of expense. The number we talk about is a net of the two, which is a loss of about $75,000. The correct answer to the question is the cost for the pool is $75,000. The $5,000 - $10,000 is the difference between that $75,000 we normally lose and the combination of what the City will pay and the YMCA will pay which is $40,000 - $50,000 combined. If the City pays $45,000 and the YMCA pays $45,000 that is $90,000, which is a difference of about $15,000 from the $75,000. We are not sure of what the numbers will be as far as what the City will be required to payor what the YMCA will be required to pay because this is the first year. Staff is anticipating the loss will be possibly greater between the two entities. It might be $80,000 - $85,000 but we will not know that until the end of the season. We are trying to not lose more money, but in the effort to combine services we might end up losing more money than what we normally do. City Administrator Herlofsky stated if the weather is very hot and there are a lot of people there will be higher revenues. If it is cold we will not have it open which will reduce operating expenses. The purpose is to establish a long-running relationship with the YMCA which is the most important element. A long term relationship will help the community provide more programming throughout the community and possibly some cooperation in the future with a facility. As far as day-to-day operations and cost we will work to make sure it does not exceed current operating costs. Councilmember May asked if the City would be losing the $40,000 rather than the $75,000. City Administrator Herlofsky stated it costs so much to operate the pool and we receive so much revenue. The City will be maintaining the pool as before. At the end of the season we will see what the YMCA's costs for personnel are versus the City's. The salaries would be the same. This would relieve City staff from recruiting, interviewing, and payroll. Councilmember May asked how we can say our costs will not be less if we are not allocating and transferring some of the personnel expense to the pool as we will not be responsible for the pool. She assumed staff transfers some personnel costs from different departments and won't those numbers be reduced. City Administrator Herlofsky stated our costs would be hiring all the same people the YMCA will be hiring. The City will not hire lifeguards, etc. Parks and Recreation Director Distad stated the only costs the City will take on is the maintenance costs of staff that perform the maintenance duties and those are full time staff whose time is not only allocated to the pool, but to other City facilities. Mayor Larson noted we will be saving the insurance because the YMCA will carry the insurance. Finance Director Roland stated the YMCA will carry a certain amount of insurance, but the City will be listed as an additional insured. It is still a City building and the costs for insurance are included in that. Councilmember May stated she was extremely confused so recommended Council look at this for next year. We need to show some sort of savings and it has not been identified. She suggested seeing what we can do internally one more year, gather more facts as to what the YMCA can do for us and try next year. 1-5 Council Minutes (Regular) April 6, 2009 Page 6 Councilmember Donnelly stated it sounds like the City is not expecting to contribute any more than $75,000 as in prior years. City Administrator Herlofsky stated the subsidy for the operation of the pool is expected to be at least $75,000 as in previous years. Councilmember Donnelly added and maybe $10,000 more. The weather conditions that would affect the City would also affect the YMCA. This is revenue neutral and giving the community access to the YMCA. He asked if the City currently offers Red Cross swim lessons now. Staff does offer those lessons, but the YMCA provides their own lessons; it is not Red Cross lessons. Councilmember Wilson stated even if we decline doing this, it does not preclude us from working with the YMCA on other types of venues. We are reducing costs, but yet providing a healthy price support to make sure they do well. Not only are we providing a presence, which is a positive thing, but we would be providing a lot of additional support that mitigates the savings we would have captured if we truly contracted out the operations. Especially with the budget situation, he is leery to have $5,000 - $10,000 floating out there. Councilmember Fogarty was supportive of the YMCA's presence and was not confused by the numbers. This is not about saving money. She understood the concern with the $5,000 - $10,000, but the pool does this every year. We never know what the deficit will be on the pool. The Council accepted the fact we wanted to keep the pool open knowing we had to subsidize it. It would be great to have the YMCA here and she does not see a bigger risk with what is being proposed than we have had in the past. Mayor Larson noted the YMCA members will have the use ofthe pool at no charge as a privilege of the YMCA membership. He did not know how many YMCA members would come, but there could be YMCA members that get first choice at the pool and if it is at capacity and neighborhood kids want to get in the pool, they can't. City Administrator Herlofsky stated he was sure the YMCA would be trying to sell memberships to Farmington residents. Based on other pool alternatives to the north of Farmington, he did not see that as a major concern. He was not trying to talk the Councilor the YMCA into doing this. Both have to look at it as an opportunity. Mayor Larson asked if the YMCA has looked at our records. Parks and Recreation Director Distad stated all records they have requested have been supplied. Mayor Larson confirmed the insurance walk-through would be done when the pool is opened. City Administrator Herlofsky stated that is a detail that will be worked out and will not break the deal one way or another. The biggest thing is we are not going to save money; our intent is to break even. MOTION by Fogarty, second by Donnelly to approve the YMCA contract. Voting for: Donnelly, Fogarty. Voting against: Larson, May, Wilson. MOTION FAILED. 1-6 Council Minutes (Regular) April 6, 2009 Page 7 b) Consideraton of Rescinding the Budget Adjustments of March 2, 2009 - Councilmember Wilson MOTION by Wilson, second by May to rescind the budget adjustments of March 2,2009. Voting for: May, Wilson. Voting against: Donnelly, Fogarty. Mayor Larson asked what we are looking to accomplish. Councilmember Wilson temporarily suspended his motion. Councilmember Wilson stated he brought this up because he did support the motion on March 2,2009, but the more he considered this action, the reality is Council solved part of the problem, but not the full package in one swoop. There are other areas, for example one on the consent agenda which is a $75,000 savings with the Toro contract. He asked if that money could be applied. He noted Lakeville put everything together in one package and nothing left to be solved later down the road. He would like Farmington to do the same. It could be the end product would be the same. He suggested having another workshop to revisit the items previously discussed and look at some bigger picture items as we move forward. Councilmember May agreed. Mayor Larson felt this could not be resolved until June with the dates already filled up. He asked how this would affect the budget if it is left until June. City Administrator Herlofsky stated this is the 2009 budget and staff has been working on this since May 2008. It was approved in December, we have brought forward suggestions and have more tonight. The sooner it gets done, the sooner we can start on 2010. Staff would prefer this is wrapped up as quickly as possible. Council has to decide on how to accomplish that. Councilmember Wilson suggested to give City employees more choice, one item from March 2, was to reduce hours beginning June 1 through the summer. One idea that could have the same financial result would be a furlough program which other cities are doing. That allows employees the flexibility to use furlough days when they want. With the 36-hour week he felt we automatically instituted the summer hours program which Council has not formally discussed. City Administrator Herlofsky stated they have met with the union and they have no problems with the process so far. Staff has tried to meet the policy request Council has made. He would like Council to allow staff some flexibility to administer the program rather than Council. The major directive was to reduce the budget by $350,000. There will be adjustments made for the 36-hour weeks, but that is an administrative decision. He suggested allowing staff to go through the additional items suggested on the agenda. Councilmember Wilson stated he appreciated all the work staff has done. His concern was there is another $75,000 left to go and what if Council as a whole, has policy areas that might fit into this reduction. It seems Council is bound by the decision made on March 2, 2009. We have 2/3 of the decision solved and we have another 1/3 to solve. It does not seem like an efficient way to do a full reduction package. City Administrator Herlofsky stated we started with a list of options to figure out which ones Council would like. Those have been brought to Council. City Administrator Herlofsky 1-7 Council Minutes (Regular) April 6, 2009 Page 8 stated he has a concern and has a feeling Council feels staff has not done enough to reduce staffing. The last few years we have seen this issue and the management team has acted accordingly. He looked at staffing combinations that have taken place. In 2006 the Economic Development Director left and was not replaced and responsibilities were assumed by the City Administrator and some assigned to staff. When Lee Mann with Bonestroo left, we hired Assistant City Engineer Kevin Schorzman as the City Engineer and did not replace the assistant position. In 2008 when the Solid Waste Supervisor retired, he was not replaced and assigned a Municipal Services Coordinator. We took the Facilities Supervisor and Parks Supervisor and combined the position for more coordination of staffing. We have eliminated three positions in the last three years from management and did reduce two Building Inspectors in 2007 and 2008. A support position was supposed to start in 2008 and did not. In 2009 we lost a supervisor in the Parks and Recreation department. During the same period of time, we did authorize two patrol officers and one other person in the Water department. We have reduced staff over the last three years. It was done as painlessly as possible with taking advantage of employees leaving for a variety of reasons. Councilmember Fogarty stated Council asked staff and they responded by reducing $100,000 in employee salaries, PERA and FICA. In the past we have talked about what level Council wants to be at and it seems we are getting down to the 5,000 ft. level and micro-managing. She does not care what manner they take away the $100,000; that is for staffto work out. When they take the hours off is up to staff. We can over-analyze this forever. The idea of trying to fix the 2009 budget in a workshop in June cannot be done; it is too late. We cannot fix the budget halfway through the year. We need to be discussing 2010. Ifwe approve the 2009 budget adjustments tonight, there is not one permanent fix. We still have a huge job for 2010. We have not created any permanent changes. To still be discussing the 2009 budget in June is unacceptable. We need to start conversations about the 2010 budget and how we will make some permanent fixes, permanent cuts, permanent revenue streams. Councilmember Donnelly stated of the $350,000 we have already approved $212,000 in reductions, so we are discussing $130,000 of further reductions. We are halfway through the year and need to look at next year's budget. He asked if Council votes on the resolution for the budget adjustments, wouldn't that also decide this item? Councilmember Wilson stated the resolution formalizes the action taken on March 2,2009. Councilmember Donnelly clarified the motion is to rescind the action already taken and start over. Mayor Larson stated regarding the ALF money, we do not know how much that will be. Ifit does get distributed in 2009, does it go towards the 2010 budget or the 2009 budget? City Administrator Herlofsky stated that is anticipating something we do not have. Mayor Larson replied so is the $350,000. City Administrator Herlofsky stated it would be extra money, we do not have the 1-8 Council Minutes (Regular) April 6, 2009 Page 9 amount, and it would be a one time adjustment. It will not fix anything. This is separate from the $12,400 ALF adjustment in the budget. Mayor Larson asked what if the Governor decides to take $175,000 rather than $350,000 and we make the cuts for $350,000. City Administrator Herlofsky stated we would be in good shape at the end of the year because we would have more to add to the fund balance. In the last three years the Council has been adamant about increasing the fund balance. This was done in 2006 and 2007. Council can amend the 2009 budget when that is known. Mayor Larson stated if the budget adjustments pass, he would recommend looking at amending the budget and replacing some of the costs. Councilmember Wilson asked about the savings from the Toro contract of $75,000 and if that was general fund money in the Parks maintenance budget. Parks and Recreation Director Distad explained it is not a savings; it is a value. There is still the same cost to the department as staff time is then available for other projects. Councilmember Wilson asked if it has the net effect of hiring less seasonal staff. Parks and Recreation Director Distad stated there is already a reduction in seasonal staff. City Administrator Herlofsky stated Toro might come . in at a time convenient for them. Staff has to plan for them not being here. Councilmember Wilson explained he was not saying that the $212,000 would not remain the same. He was asking for the whole package at one time. The information received from Finance and from the auditor was good information regarding the Fire Department pension, but it caught the Fire Department off guard. He agreed we need to give staff the flexibility to manage the hours, but the motion on March 2, was very descriptive to the hours per week. Councilmember Donnelly asked regardless of this motion, do we still discuss the next agenda item regarding further budget adjustments. City Attorney Poehler stated we still discuss that item. Councilmember May stated she is new to the Council so does not feel like she has over-analyzed anything. A lot of it is learning curve. The way it has been approached is throw a few things in front of me, have me rubber stamp it, a couple weeks later throw out a few more things and have me rubber stamp it. That is why she agrees with Councilmember Wilson. In previous budget processes she has been involved in you look at the whole picture and make your choices that way instead of getting three that we like and then move forward. It did not give her a good opportunity to look at the big picture and make the best decision. She does not feel like Council has. Mayor Larson stated he also would have liked to have seen the budget as a whole. He has told City Administrator Herlofsky that for the next budget he does want to see it as a whole and not piece meal. We can start from square one and have it look similar to what we have now. He did not know what we would gain and we do need to move forward. If we do have extra money, he would like to see some 1-9 Council Minutes (Regular) April 6, 2009 Page 10 ofthe $70,000 reduction for the Fire Department reduced. Finance Director Roland stated close to year end Council can make those policy decisions. Mayor Larson stated it is time to get 2009 taken care of and start working on 2010 . We have a lot of work to do there. MOTION by Wilson, second by May to rescind the budget adjustments of March 2,2009. Voting for: May, Wilson. Voting against: Donnelly, Fogarty, Larson. MOTION FAILED. c) 2009 Budget Amendment - Administration/Finance City Administrator Herlofsky stated the adjustments amounting to $212,000 were approved previously. Further adjustments include $50,000 after closer scrutiny of the budget. Mayor Larson asked staff to explain so everyone knows. Finance Director Roland stated budgeting is not a science it is an art. In her profession she is required to under estimate revenues in the budget and over estimate expenses. During the 2009 budget preparation staff set the amount of money received from the three surrounding townships for the fire contract at a level which we have not received for three years. The City has received more because of the way the contracts are structured, the number of calls, and the costs involved. This includes the depreciation on the buildings and Fire Department equipment. In 2007 staff added a second fire station which increased the cost to the township and it was paid toward the debt service on the fire station which was a $50,000 transfer. In 2008 the City received $170,000 from the three townships for the fire service we provide to them. During this year's audit, the auditors pointed out that our budget number was significantly lower than the revenue received. Finance Director Roland then looked at 2009 and noticed the low number was also in the 2009 budget and should be increased to more accurately reflect what we will actually collect. What this does is it cuts the margin of error. Ifwe do not receive $170,000 and receive $150,000 then this difference of $50,000 is not as large. Finance Director Roland stated this is additional revenue we have collected historically and we can anticipate, given the levels of fire calls and depreciation and expenses, that we can expect this additional revenue is a fact, not a supposition. City Administrator Herlofsky stated the second adjustment is training budgets have been reduced by $25,000. He noted total expenditures in 2008 are $8,975,829. With the adjustments so far, the 2009 budget is $8,848,757. It is reduced $125,000 less than the actual budget for 2008. Councilmember Donnelly confirmed the $50,000 is not an increase in cost to the township it is just recognizing actual numbers. This proposal closes the gap, does not institute new fees, raise taxes, and does not lay anyone off. Councilmember Wilson asked if the $22,400 reduction for police overtime was formally approved. Staff explained it was at a workshop and not a vote. Councilmember Wilson stated if there is a situation the Police need to respond to, 1-10 Council Minutes (Regular) April 6, 2009 Page 11 he did not know how you can take out $22,000. You need to solve the crime. City Administrator Herlofsky stated if there was a major public safety issue, there would be issues. MOTION by Donnelly, second by Larson to adopt RESOLUTION R16-09 approving the budget amendments. Voting for: Larson, Donnelly, Fogarty. Voting against: May, Wilson. MOTION CARRIED. Councilmember Fogarty stated she is very unhappy that this Council was unable to make any kind of effective decision that will affect the 2010 budget. There are no permanent cuts and no permanent fixes. We have laid the ground work for a very, very difficult budget season. She stated she was very unhappy about that, but if she did not vote in favor it will continue on and we need to settle 2009 so we can move forward to 2010. Mayor Larson stated this was a 2009 fix and we all realize what is ahead of us for 2010. We had to make up for the $350,000 and did not have much of a choice. 12. NEW BUSINESS a) Adopt Resolution - Approve Plans and Authorize Bids 2009 Trunk Utility Improvement Project - Engineering This project includes the reconstruction of storm sewer on 4th Street, the reconstruction of sanitary sewer on 5th Street and sanitary sewer extension on Denmark Avenue. The project will be bid on May 14,2009, with the contract award at the May 18,2009 Council meeting. Project costs are estimated to be $2,970,000 which will be split among the trunk utility funds. There are no assessments proposed for this project. Mayor Larson asked if the residents on 4th and 5th Streets paid for a seal coat two years ago and now their street will be torn up. City Engineer Schorzman stated some portions were three years ago and others a year after that. Mayor Larson suggested giving them their seal coat money back or pro-rate it as they are not getting their seven years out of it. Staff explained it is up to Council and we can do that, but as a result of this project they will have a brand new street. Councilmember Fogarty added it will not need to be seal coated for three more years. She would like to know if you add that three years to how much they have paid, as that could put them on a shorter cycle where they have to pay more frequently. She agreed with Mayor Larson to pro-rate it. Staff will bring this information back after the bids are received. Councilmember Wilson had the same concern or the City could absorb the cost of their next seal coat. As far as assessments, Councilmember Wilson stated residents have been paying into this through utility bills so this is how this project is being paid for. City Engineer Schorzman stated the trunk funds receive funds from both utility billing and developer fees when new developments come on board. Regarding the Denmark Avenue project, CouncilmemberWilson was aware there is the possibility ofa CDA project on one end of this area, and asked if that could be the reason for doing this project now. City Engineer Schorzman 1-11 Council Minutes (Regular) April 6, 2009 Page 12 stated the CDA project would not be impacted by this project. The reason for the Denmark project is looking at the CIP down the road when redoing the Westview neighborhood and removing a lift station. Councilmember Wilson stated he will support the project, but felt this is money coming from the sanitary fund that could have been developer paid along Denmark. City Engineer Schorzman stated those contributions will be made when that land develops, regardless of whether this project happens now or later. We are doing it now so we can do other projects. Councilmember Donnelly asked if we can get rid of one or two lift stations. Staff explained one is in the Westview neighborhood and the other one is near Dakota Electric and St. Michael's Church. Mayor Larson stated whether the sewer goes in now or later, he would rather see it go in now to get the area ready for when development does come. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R17-09 approving the plans and specifications and authorizing the advertisement for bids for the 2009 Trunk Utility Improvement Project. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Hydrant Flushing - Municipal Services Municipal Services Director Reiten reminded residents the City will be flushing hydrants the week of April 20-24 for hydrants north of hwy 50 and west of the railroad tracks. Remaining areas will be done April 27 - May 1. There is a map on the website showing the schedule. This is also on the City Calendar. Councilmember Wilson asked if the phonemaster system could be used for this. Staff explained that is more for emergency situations. Councilmember May: Asked about the status of the Rambling River Center. Parks and Recreation Director Distad suggested Council take a tour prior to the workshop on April 13. Councilmember May suggested everyone look at the website for the upcoming clean-up days. Councilmember Fogarty: Noted the hydrant flushing and clean-up days are both on the City Calendar and complimented staff on how wonderful the calendar is with keeping up on things. It is a great tool and the information is fantastic. City Engineer Schorzman: There is ajoint Council/School District/Dakota County workshop on Wednesday to discuss the second phase of the Farmington Transportation Study regarding the intersections along Pilot Knob Road. Mayor Larson: He attended the Farmington High School play and the students did a really good job and he was very impressed. 1-12 Council Minutes (Regular) April 6, 2009 Page 13 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 8:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, /:17 ~~ .7 .' I _ _ / r'~ %' ../ 7-Z-~ /"?~~ Cynthia Muller Executive Assistant 1-13 City Councilf School Board f Dakota County Transportation Workshop Minutes April 8, 2009 Mayor Larson called the workshop to order at 6:34 p.m. Absent: Also Present: Council- Mayor Larson, Councilmembers Donnelly, Fogarty, May (arrived 7:12 p.m.) School Board - Bob Heman, Julie Singewald, Julie McKnight, Tim Burke, Veronica Walters County - Bryan Nemeth, Gina Mitchell, John Sass Councilmember Wilson Dr. Brad Meeks, Superintendent; Peter Herlofsky, City Administrator; Kevin Schorzman, City Engineer; Joe Harris, Dakota County Commissioner; Cynthia Muller, Executive Assistant Present: MOTION by Fogarty, second by Donnelly to approve the agenda. APIF, MOTION CARRIED. The purpose of the workshop is to discuss the long-term intersection configurations along Pilot Knob Road and decisions made regarding the 2009-2010 school year. Representatives from Dakota County presented alternatives for intersections along Pilot Knob Road. There were five alternatives for the north half of Pilot Knob Road (north of 195th Street). The preferred alternative includes keeping the signal at Upper 182nd Street, a signal at 179th Street (when the road goes through in Lakeville), and signals at 187th Street W, 190th Street W, and 195th Street. The preferred alternative for the south half of Pilot Knob Road (south of 195th Street) includes signals at 19ih Street W, 203rd Street, 208th Street (when it is extended) and CSAH 50. The alternative for the north half ranked first for average delay per vehicle and intersection delay, best for travel time, higher speeds, and access. It has the least delay and lowest travel time. This alternative ranks second for east side access, third for west side access and third for safety. Regarding system planning, it ranks second for consistency with arterial vision, and third for pedestrian and bike accommodation. The cost would he $3.5 million and ranks first for right- of-way impacts and third for planning level cost. The cost for signals would be split 50/50 between the City and the County. The alternative for the south half ranks first in all categories. However, by 2030 the estimated volumes are not high enough to warrant signals as land use does not show much development in the south half. The County also presented study conclusions for the 195th Street corridor. The short term conclusions were to include preliminary design efforts in the County and City CIP for 2010. At 195th Street and Akin Road, the existing multi-way stop control should be maintained and 1-15 Council Workshop Minutes April 8, 2009 Page 2 monitor and determine the timing and need for left and right turn lane improvements. The existing multi-way stop control should be maintained at 195th Street and Pilot Knob Road. At 195th Street and Flagstaff Avenue the City should maintain the current two-way stop control and install multi-way stop control in August 2009 before fall sports begin and the new high school opens. The City will install intersection lighting. The conclusion for CSAH 50 and Flagstaff A venue is to maintain the existing two-way stop control; the City will install intersection lighting; when the high school is adjourned for the day, non-bus traffic leaving the campus will be sent north on Flagstaff Avenue. School start times will be later to avoid morning rush hour traffi c. The Council asked the County to look at 200th Street and Flagstaff Avenue for a north-south stop sign for slow moving traffic. Mayor Larson asked them to take volume out of the study. The County has reviewed that intersection and speed and criteria have not been met. The criteria does not consider differentials in speed limits. The school will inform students of the rules of the road. There will be no passing on Flagstaff A venue, including farm vehicles. A final report will be prepared by the County and they will be asking for a resolution of support. MOTION by Fogarty, second by DOn11elly to adjourn at 8:01 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7-.74 ?~?/~L Cynthia Muller Executive Assistant 1-16 Council / Parks and Recreation Commission Workshop Minutes April 13, 2009 Mayor Larson called the workshop to order at 6:45 p.m. Present: Larson, Donnelly, Fogarty, May, Wilson Commission - Karen Neal, Dawn Johnson, Patti Norman, Charlie Weber, Tim White Also Present: Peter Herlofsky, City Administrator; Randy Distad, Parks and Recreation Director; Cynthia Muller, Executive Assistant Mission Statement and 2009 Work Plan Council was informed of the Parks and Recreation Commissions' mission statement which was adopted in 2005. The 2009 Work Plan was reviewed which contains six goals: 1. Continue to build and strengthen relationships with surrounding townships, cities, Dakota County and the Farmington School District. 2. Meet with City Council at least twice in 2009 to discuss a referendum in 2010 and a park, trail and recreational facility tour. 3. Review and discuss current and future recreational programs. 4. Complete master plans for Prairie View Park and Fairhills Park. 5. Increase knowledge and understanding of various Farmington youth sports organizations. 6. Participate in the process of the Rambling River Center moving to the old City Hall building. 2010 Referendum In 2006 the Commission brought forward a Community Center Study and the Council felt it was too expensive to go out for referendum. The estimated cost was $21-23 million. In 2008 Council wanted to postpone it for another two years. The Commission would like to have the citizens vote and let the City know what they want. The referendum would include: 1. New aquatic facility including water slides, zero depth entry, bathhouse and water toys. This would replace the outdoor pool. 2. Complete renovation of Rambling River Center building to include replacing the existing HV AC unit and ductwork, install cooking kitchen and upgrade electrical service and fixtures. 3. Completely develop the Fairhill Development Community Park (43 acres) as shown in the master plan and add a domed facility to the park. This would include a youth baseball complex, soccer and LaCrosse fields, a community park with playground equipment and shelters, a community center, community pool, etc. 4. Acquire additional land south of the Mystic Meadows development for an adult softball complex as identified in the Mystic Meadows park master plan. Currently the City as nine acres worth of letter of credit from this development. If the City cashed out the letter of credit, we could get nine acres of parkland and buy 11 additional acres for a 1-17 Council Workshop Minutes April 13, 2009 Page 2 softball complex. The Rambling River Park Master plan also shows an adult softball complex. It would be a four-field complex with lighting, irrigation, concession stand, playground equipment and shelters. Mayor Larson asked about partnering with Empire Township. Staff has talked with the board about their softball fields, but discussions have not continued. Mayor Larson asked if the City puts up four fields and Empire puts up four fields, is that too many. Staff noted when you have eight fields you can hold state and national tournaments which brings in the need for hotels and economic development. Staff had to turn away six teams this year because there were not enough fields to play. 5. Expand Middle Creek Park by acquiring land (3 acres) adjacent to the west of the park. Councilmember Fogarty noted residents number one request was an aquatic facility and asked about a location. She liked the current location of the pool as there would be a population that would be limited in getting there. The commission was thinking of an outdoor area, not indoor. Staff stated the Evergreen Knoll Master Plan shows the current pool location being converted to an outdoor splash area and not a pool. The placement of the outdoor pool would need to be discussed. The idea was to have the aquatic component in the south part of town and have the pool in the Fairhill development at the north part of town. Councilmember Fogarty wanted the pool downtown, but did not mind the idea of the splash pads. She also liked the idea of reaching out to Empire to develop a Joint Powers Agreement for the ball fields. Staff wanted to know Council's thoughts on a referendum in 2010. If Council is not interested, the Commission would not go any further. Mayor Larson wondered if2010 was too soon. Councilmember Fogarty stated if this is something the voters want to support, it is a great time to build and for obtaining bids. She was completely supportive of the referendum. The Commission was also looking to partner with the youth organizations for the baseball fields. The Commission noted the arena will have to be replaced and understood there was some discussion going on and asked if that would be included in this referendum. Council felt it was too premature for that. There have been discussions with the school district about partnering as there are different funding mechanisms through the school district when it comes to ice where they can get better bonding rates because of Title 9. The Commission would like to secure a funding source for ongoing improvements in parks and trails. Mayor Larson would like to see the different organizations step up. Councilmember May could not support a referendum right now. It is up to the people, but with the new school coming on board it did not feel right as a taxpayer. She did not feel the residents would support it right now. The CoIn.JJ1ission noted people are staying closer to home and we need to give them something to do and spend their money here rather than other cities. Councilmember Wilson would support a referendum, but it needs to be conservative such as $5-7 million and not over $10 million. To present it to the public it needs to have buy-in from all groups. The Commission agreed that getting support from other groups is huge. Councilmember Fogarty noted we need the Farmington Youth Athletic Association backing. The Commission noted we do not have to be everything to everybody. They need to be good at something; such as land acquisition and open space development. There could also be naming rights involved. Staff noted with a referendum you are looking 2-3 years out before it could be built and useable. rfit passes in 2010, a lot of it will not get used until 2012 or 2013. Outdoor fields need a growing period. Councilmember Donnelly would support the referendum. Regarding the ice arena, he agreed with including the school district to cover a wider area. There is the area by Meadowview and the Angus property. Staff provided some cost estimates: - Pool would be $2-3 million 1-18 Council Workshop Minutes April!3,2009 Page 3 - HV AC $100,000 _ Fairhill Development Community Park $6 million _ Acquire 11 acres south of Mystic Meadows $1 million - Acquire 3 acres in Middle Creek $250,000 Total cost for the referendum would be close to $10 million. Mayor Larson would support the referendum and felt the partnership with the school district, townships and youth organizations is the key. Staff noted if we build a facility there will also be operating costs. That is where the partnerships could be formed to cover those costs. Councilmember May noted the market has not hit bottom yet and there is a wave of foreclosures coming that will get worse in our community. She felt the timing was off by a year or two. Council reached a consensus for the Commission to continue to pursue the referendum and discuss it at another workshop before bringing it to Council for a formal vote. The Commission should bring back information on partnerships; who is willing to partner and what will they do. Mayor Larson stated we need firm commitments from the organizations. Strategic Revenue Plan This was developed in 2006 and contains why the plan was developed, guiding principles of what it will accomplish, and definitions of costs. Direct costs are those things that directly relate to a program such as facility rental, personnel, program expenses such as supplies and contracted services. Indirect costs are costs associated with the program that are indirectly related to the program such as utilities, publicity, contractual services, etc. Administrative costs are administrative staff time, correspondence for training, marketing and grounds maintenance. There is a no cost fee, a partial cost fee, full cost fee and market rate fee. Staff reviewed the categories and costs. Staff showed cost recovery standards for recreation programs, parks, Schmitz-Maki Arena, outdoor pool, and Rambling River Center. Councilmember May asked if it was possible to show direct and indirect costs rather than lumping them together. Staff could try, but in some areas it may be difficult. Councilmember May asked if costs weren't already divided up among the programs. Staff had been discussing doing program based budgeting versus the current method of showing a lump sum. Councilmember May asked if there were overall direct and indirect cost numbers. Staff could try to break out the costs, but the indirect costs would be difficult. Councilmember May asked how they know how they are doing if they do not split out the direct and indirect costs. In the budget things such as t-shirts, a bus, supplies, snacks are all direct expenses and that goes under the line item of program expenses. Insurance, utilities, cell phones were listed under indirect costs. Staff has only set a percentage for indirect costs. Councilmember Fogarty asked where the cost recovery guidelines came from. Staff explained this is done across the nation. It was to establish some help in the budgeting process as to how much we wanted to recover through fees and charges and how much other funding sources should support. Councilmember Fogarty would like to see the cost recovery numbers more accurately reflect what happens. The Commission noted compared to other cities we are the same or at the high end for fees. (Councilmember Fogarty left at 8: 13 p.m.) 1-19 Council Workshop Minutes April 13, 2009 Page 4 Staff was looking for general direction from Council as to whether the strategic revenue plan and the amount of cost recovered through fees and charges was in the ballpark or if it should be adjusted up or down. Councilmember May felt the Rambling River Center fees should be higher for programming. Councilmember Donnelly noted on the information from other cities on their Senior Center expenses and revenues, Lakeville's and Farmington's expenses are both $160,000, but Farmington has 550 members and Lakeville has 1200. Staffwill check on what type of programs they are running. Ramblin2: River Park Master Plan Council had previously asked for a phased in plan as there was a concern with the amount of improvements and the cost. The cost for the complete plan is $4.7 million. Councilmember Wilson stated his concern is that we cannot get the Vet's memorial going. He would like to build this into Rambling River Park. Staff noted the Vet's memorial group will be meeting at the park this week to look at sites. There is a placeholder in the plans if the veterans want it there. Councilmember Wilson suggested obtaining private contributions through pavers. Staff showed there are a couple places in the plan for a memorial. If the veterans can select a site and do the fund raising, they can move forward separate from the master plan. Council liked the plan, it was the cost. The Parks and Recreation Commission will prioritize the items and prepare phases. The Commission will also discuss whether to include this in the referendum. Park Tour The Council and Parks and Recreation Commission will take a tour of the parks on August 10, 2009, at 6:15 p.m. MOTION by Wilson, second by May to adjourn at 8:35 p.m. APIF, MOTION CARRIED. Respectfully submitted, /7 -...4-7-........ /7. //// ~/? --L/Ua.;..- / "" '-'-e:eau Cynthia Muller Executive Assistant 1-20 76 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 Adminis~ator@//, " Ken Lewis, Building Official ~ First Quarter 2009 New Construction Report and Population Estimate FROM: SUBJECT: DATE: April 20, 2009 INTRODUCTION The following report summarizes the new construction permits issued during the first quarter of 2009 and the first quarter population estimate. DISCUSSION First Quarter Building Permit Information: During the first quarter of the 2009 building construction season (January 1 st through March 31 st), the City issued 8 new single-family detached housing permits and 0 new multi-family permits, for a total of 8 new first quarter housing permits. Construction valuation for the single-family homes totaled $1,658,700. The average building valuation of the single-family homes during the first quarter of 2009 was $207,338, down from $212,713 during the fourth quarter of2008. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part ofthe building code formula). Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (Le., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April I, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 2-1 20490 :Ul. 20502 + 142 20,644 + 124 20,768 +227 20995 +77 21072 + 101 21,173 + 101 21,173 L..1l 21,244 + 54 21,298 + 45 21,343 + 48 21,391 Estimated population as of December 31, 2006 = 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95 Estimated population as of December 31, 2006 = 48 Certificates of Occupancy issued for the period from 1/1/07 to 3/31/07 X 2.95 Estimated population as of March 31, 2007 = 42 Certificates of Occupancy issued for the period from 4/1/07 to 6/31/07 X 2.95 Estimated population as of June 31, 2007 = 77 Certificates of Occupancy issued for the period from 7/1/07 to 9/30107 X 2.95 Estimated population as of September 30, 2007 = 26 Certificates of Occupancy issued for the period from 10/1/07 to 12/31/07 X 2.95 Estimated population as of December 31, 2007 = 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95 Estimated population as of March 31, 2008 = 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95 Estimated population as of March 31, 2008 = 24 Certificates of Occupancy issued for the period from 4/1/08 to 6/30108 X 2.95 Estimated population as of June 30, 2008 = 18 Certificates of Occupancy issued for the period from 7/1/08 to 9/31/08 X 2.95 Estimated population as of September 31, 2008 = 15 Certificates of Occupancy issued for the period from 10/1/08 to 12/31/08 X 2.95 Estimated population as of December 31,2008 = 16 Certificates of Occupancy issued for the period from 1/1/09 to 3131/09 X 2.95 Estimated population as of March 31, 2009 ACTION REOUIRED This item is informational in nature. 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Q) C/) 3: - en Q) en ::I .:;: 3: Cl Q) ::I ~ CI) <( c:: 'S; eo CI) 0: 0::: >. <0 ~ c: 'S Q) 0 ns -:I c: I- J: eo "0 a. - a.. c 2 ns 0 .!Q ::s Q) :s ::I E c: c:: c: ::I ::I -:I () <C u <( >. eo ~ .;:: c.. <( L- eo ~ o l.() N o o N o l.() '<"'" o o '<"'" o l.() paMa!^al::l sueld 2-9 \ .0 Q) u.. . . o c:: eo -:I 7G 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: Jen Dullum, Natural Resource Specialist SUBJECT: License for Utility to Cross Protected Waters DATE: April 20, 2009 INTRODUCTION As part of the Denmark Avenue Project, a trunk sanitary sewer pipe will be constructed crossing the Vermillion River. The Vermillion River is classified as a protected waterway by the Minnesota Department of Natural Resources (MNDNR). DISCUSSION Attached to this memo is a copy of the license for execution by the City of Farmington. The term of the license is for a 50 year period commencing on April 1, 2009. The license costs $237.00 for the lifetime ofthe license at which time the license must be renewed. BUDGET IMPACT The cost of the MNDNR license to cross the protected waterway is $237.00 and will be funded from the project budget. ACTION REOUESTED Approve by motion the attached License for Utility to Cross Protected Waters. _y/~ ~um Natural Resource Specialist cc: file 3-1 MINNESOTA DEPARTMENT OF NATURAL RESOURCES LICENSE NUMBER # 144-065-7072 APPLY NUMBER 82267 TRN 525 LS 09 COMPANY PROJECT NO: Denmark Ave Trupk: Sanitary Sewer/09-02 LICENSE FOg UTILITY TO CROSS PROTECTED WATERS . . This license is issued by the commissioner of natural resources under authority and subject to the limitations in Minnesota Statutes, section 84.415, and Minnesota Rules Chapter 6135 and other applicable law to the Licensee as named and for the fee and term as specified below. Name mid Address of Licensee: City of Fan:nington 430 3rd Street Farmington, Minnesota 55024 License Fee: Two Hundred Thirty Seven Dollars and noll 00........: .. ." ($23.7.00) Term (y~ars): .sO years Effective Date: April 1, 2009 Termination Date: March 31, 2059 . . Purpose of License: Construction, maintenance and operation of a solids.pipeline crossing under water under the covenants and agreements ofthe Licensee to use the following described wl;lters: That part of the NEl/4 SE1/4 of Section 36, Township 114 North, Range 20 West in Dakota County as shown on the attached application and map, all of which are made a part hereof by reference. This license is granted subject to the following provisions: 1. At the end of the. license period ifboth parties wish to renew, the renewal fee and time period will be det~rmined by such methods as are developed by the commissioner of natural resources. 2. This license shall be cancelable upon reasonable notice by the commissioner for violation of any of its terms, or if at any time its continuance will conflict with a public use of water over or upon w~ich it is granted, or for any other reason. Licensee shall ensure that Licensee's employees, agents and contractors have received and thoroughly understand all conditions of this license. 3. Unless otherwise authorized by the commissioner, upon the surrender, termination or cancellation of this license, . the Licensee shall remove from the above described waters all the utility lines and related structures owned by it. If Licensee does not remove such lines or relat~d structures, all such lines or structures remaining shall become. the property of the State, to be used or disposed of as the commissioner elects. The Licensee agrees to pay the State for the costs of removing and disposing of such lines Qr structures. 4. The Licensee shall comply with all federal, state and local laws and regulations, including municipal ordinances, . affecting silid waters, and shall remove all refuse and debris that may accumulate therein. The project hereunder shall ~t all times during and after construction be subject to inspection by the commissioner and for that purpose the Licensee shall grant access to the premises at all reasonable times. 5. The use of these waters by the Licensee in constrUcting or maintaining the lilies for which this license is granted , shall be subject to the use, sale, or leasing for mineral or other legal purposes. 6. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135. All standards of Chapter 6135 are incorporated as terms and conditions ofthis license, except such vm:iatiolls as are identified and approved by the commissioner in the license applications, plans and specifications which are attached and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and installation method as detailed in the application and approved by the commissioner. The Licensee shall not deviate from the terms and conditions of this license or the application as approved by the commissioner. unless it has first obtamed written permission from the Regional Operations Supervisor. 7. This license is permissive only. No liability shall be imposed upon or incurred'by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of . any damage to any person or property resulting from any act or omission ofthe Licensee or an~ of its agents, . 3~3 employees, or contractors relating to any matter hereunder. This license shaIlnotbe construed as estopping or limitmg any legal claims or right of action of any person against the Licensee, its agents, employees, or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or ' failure to comply with the provisions of this license or applicable provisionsofIaw. The Licensee shaIl indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described waters whether such claims are asserted by civil action or otherwise. 8. The Licensee shaIl not without the commissioner's prior written consent: a) assign, conveyor otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof; or c) permit the use or , ,occupancy of the license corridor or any part thereof by anyone other than the Licensee. This license, shaIl extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, ifany. The commissioner may require it party who has requested to sublet, use or occupy the license corridor to obtain a separate license, from the State prior to occupying or using the license corridor. 9. No delay by the State in enforcing any of the conditions of this license shaIl operate as a waiver of any of its rights. 10. Placement and Marking of.Lines: A. In over crossings of public waters, lines shall have a minimum clearance of 25 feet above extreme high water,' unless otherwise approved by the Regional Operations Supervisor. , B.' As directed by the Regional Operations Supervisor, marker spheres shall be placed on overhead utility lines directLy above the protected water. C. Any cable or conduit located at a shorelineshaIl be sufficiently buried at the shoreline so as to prevent its becoming exposed during droughts or winter drawdoWns. D. As directed by the Regional Operations Supervisor, underwater crossings shaIl be marked by permanent signs on the banks atpoints where the line enters and leaves the protected water. 11. Unless otherwise authorized by the Regional Operations Supervisor, shut-off valves shaIlbe instaIled within a pipeline on each side of the water crossing to provide an effective means of halting the release of product or ',' effluent from the line into the surface waters in the event of a line rupture. ' 12. To protect fish spawning activities, the commissioner may prohibit work in the stream or work within a specified distance of the protected water durmg the spawning season. 13. Licensee must minimize disturbance to natural streambed and shoreline vc;:getation, inCluding trees and shrubs. AIIowabl~ clearing of banks, shorelines and land adjacent to them is restricted te;> the minimum necessafyfor equipment to complete the inst{lIlation; banks, shorelines and land adjacent to ~em ~hould not be cleared to the , fuIl right-of-way width. ' , 14. The beds of the waters described,above shall, upon completion ofconsQ'uction or maintenance operations therein, be restored as nearly as practicable to their original cross~section. Extreme care shall be exercised to'assure that the contours and elevations of the streambed are not changed by this installation in any mariner that would alter the runout elevation of any public waters basins locate_d upstrea,m of the crossing. 15. Erosion:' ' A. Erosion control measures shall be employed to stabilize the banks. Where necessary to prevent erosion, 'streambeds shall be permanently riprapped with natural rock having an average diameter of 12 inches. B. Erosion control measUres shall be adequately designed for site characteristics. They may include staked hay bales, sediment fences or contouring and shaping. They shall be installed prior to cOnlmencement and maintained throughout the project. All erosion control fences next to a water body shall run parallel to the contours. C. Under low flow conditions, the work, as approved by the commissioner, shall be done to minimize erosion and siltation caus~d by construction. ' D. If downstream bank erosion commences, immediate erosion control measures, shall be taken and the Regional Operations Supervisor notified immediately. ' E. 'Any' wQrk below water level shall be encircled by a flotation sediment curtain or other suitable sediment containment device to prevent sediment from being transported beyond the excavation area. F. All disturbed areas shaIl be stabilized as soon as possible foIlowing construction. Topsoil shall be used to re- dress disturbed soil areas, and indigenous plant species should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as early in the season as possible to permit adequate ,regrowth. G.Excavated materials shall not be deposited or stored alongside a protected water in a manner where the materials can be redeposited into the protected water by reasonably expected high water or storm run-off. 3-4 16. Unless otherwise authorized by the Regional Operations Supervisor, the Licensee shall not apply herbicides or pesticides to the water in the course of construction or maintenance of the utility line. 17. Emergency repairs and replacements may be made without prior notification to the Regional Operations Supervisor by the Licensee according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of installation identified in this license. The Licensee shall notify the Regional Operations Supervisor of this activity as soon as practicable. ' . 18. The Licensee shall contact the Regional Operations Supervisor 10 days prior to installation and within 10 days following completion of licensed work for compliance inspection. 19. This license is subject to the SPECIAL PROVISIONS attached hereto (if none, state none). None. 20. The Regional Operations Supervisor is Trina Zieman atDNR Lands and Minerals; 1200 Warner Road; St.Paul, MN 55106. Phone (651) 259-5792. Any. questions about this license shall be directed to the Regional Operations Supervisor. . ACCEPTED AND ACKNOWLEDGED STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES CITY OF FARMINGTON Licensee(s) , By Title: Regional Operations Supervisor By Title By Title 3-5 )J City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us TO: Mayor, Council and City Administrato(jl. " 1\ FROM: Tim Pietsch, Fire Chief SUBJECT: Accept Donation DATE: April 20, 2009 INTRODUCTION: The Farmington Fire Department Relief Association in conjunction with Minnesota Energy Resources Company has donated four 4/gas detectors to the Fire Department. Minnesota Energy provided $1800.00 towards the purchase of these detectors. The Relief Association picked up the rest of the tab, around $180.00. DISCUSSION: During the budgeting process, we had budgeted for 3 detectors. With the help from MERC and the Relief Assc. We were able to purchase 4 new detectors along with the docking station for bump testing and calibrating these items. The docking station provides for one step operation and calibration on a monthly basis. ACTION REQUESTED: Adopt a resolution accepting these detectors into the Farmington Fire Department. Respectfully submitted, ~~p~ Tim Pietsch, Farmington Fire Chief 4-1 RESOLUTION No. R -09 ACCEPT DONATION OF GAS DETECTORS 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 20th day of April at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington Fire Relief Association in conjunction with Minnesota Energy Resources Company has donated four gas detectors to the Fire Department; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of four gas detectors. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of April 2009. Mayor Attested to the day of April 2009. City Administrator SEAL 4-2 ~~ "6 ~ g ~3 " " .. 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T'" '" T'" T'" T'" tA- tA- tA- tA- T'" tA- tA- tA- tA- I I tA- I a:>uelea pun::l .<:: '0: ... ~ t o 0. l!! >- ~ E '" o ~ ;;e i u: j ?:- l'! o 0. ~ ~ ~ lJ) '3 i ~ g> i_ lJ)fr -go ~ " j!!g ~ ~ " ~ ~~ 0" 8~ ~o UlJ) o:::t I L{) 7J 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(ji "I. Lisa Shadick, Administrative Services Director \ v FROM: SUBJECT: Accept Resignation - Planning Commission DATE: April 20, 2009 DISCUSSION Mr. Benjamin Barker has submitted his resignation for his position on the Planning Commission. His term on the Planning Commission runs through January 31, 2010. Staff will place an advertisement for applicants on the web site, the cable access channel and in the Farmington Independent. A copy of Mr. Barker's resignation is attached. ACTION REOUESTED Accept the resignation of Benjamin Barker from the Planning Commission. Respectfully submitted, J Jt< " ~ /'... _i 1 /,1 j . . "/" , f' l' ct(~,)~C (.7. . ,~/VtC::L;[f>C-~" Lisa Shadick Administrative Services Director 6-1 March 30, 2009 Mayor Todd Larson City of Farmington 430 Third Street Farmington, MN 55024 Re: Planning Commission - Resignation Dear Mayor Larson, I have served on the Farmington Planning Commission for over eight years. It has been an honor and privilege to serve this great City. Unfortunately, at this time my family and I are moving outside the City boundary. Therefore, it is with great disappointment that I must resign from the Planning Commission. My last Planning Commission meeting will be April 14, 2009. I want to thank the City Council for allowing me to serve on the Planning Commission so many years. I also want to thank City Planner Lee Smick and Assistant Planner Tony Wippler for their hard work and dedication to this City. Again, it has been my pleasure to serve the residents of Farmington. Sincerely, ~~_ ,i!J~ Benjamin Barker Cc: City Planner Lee Smick Planning Commission Chair Dirk Rotty 6-2 :j City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us SUBJECT: Mayor, Council Members, I1r City Administrator \9 . n i7 I Tony Wippler, Assistant City Planner ?\~' L Authorize the Signature of the CDA's Redevelopment Incentive Grant Agreement TO: FROM: DATE: April 20, 2009 INTRODUCTION The Dakota County Community Development Agency Board of Commissioners recently awarded the City a grant in the amount of $7,500 for the completion of a citywide Natural Resources Inventory and Management Plan. Purpose of Natural Resources Inventory and Management Plan : completion of a Natural Resources Inventory and Management Plan would assist with guiding future development and redevelopment within the City and aid in the preservation and/or restoration of its natural resources. It is a tool that would enable the City to strategically plan sustainable development that protects and/or restores its most vital and threatened environments while still allowing for the future growth of the community. DISCUSSION I BACKGROUND Attached, for Council's consideration, please find the grant agreement as provided by the Dakota County Community Development Agency. As indicated in the "Terms of Grant" section, there is a 1:1 matching requirement. Additionally, the project must be completed on or before November 30, 2009. In October of 2008, staff received a cost estimate and scope of work from TKDA Engineers, Architects, and Planners for services to complete a Natural Resources Inventory and Management Plan. The cost estimate provided by TKDA was $15,000 and included the following scope of work: · A land cover inventory to develop comprehensive baseline information about the natural habitats in Farmington, and relationship to the City's current and proposed land uses, and relationship to natural corridors and habitats in adjacent communities and Dakota County. · Identification of natural resource corridors and priority areas for natural resource protection, management, and enhancement. · Work with City staff, advisory committees, and the City Council to discuss options for protection and enhancement of corridors and natural resources, including both regulatory and incentive approaches. 7-1 · Develop policies, ordinances, and other approaches that conserve natural habitats and guide decision- making that may impact natural habitats and resources in the community. The grant awarded by the CDA to the City for the completion of this project is for $7,500 or half of the estimated project cost ($15,000). It is the responsibility of the City to either allocate funds or to .find the funds through a secondary source (e.g., DNR, Dakota County, Vermillion River Watershed District, etc) to meet the matching requirements of the grant agreement. Staff has attempted numerous avenues to find secondary funding sources through a DNR grant application and Vermillion River Watershed JPO cost sharing programs, however, these attempts have all been unsuccessful. Therefore, staff will continue to work towards identifying those funding sources (both internally and externally) as they will need to be identified in each reimbursement request that is made to the CDA. ACTION REOUESTED Accept the Redevelopment Incentive Grant in the amount of $7,500 from the Dakota Community Development Agency for preparation of a Natural Resource Inventory and Management Plan and authorize the City Administrator to sign the attached grant agreement. Respectfully submitted, ~ wcSL Tony Wippler, Assistant City Planner 7-2 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT INCENTIVE GRANT PROGRAM PLANNING GRANT AGREEMENT THIS GRANT AGREEMENT entered into this 1st day of March 2009 by and between the Dakota County Community Development Agency, a public body corporate and politic (the "Agency"), and the City of Farmington, a political subdivision of the State of Minnesota (the "Grantee"). WHEREAS, pursuant to Resolution No. 06-4092 the Agency has established the Redevelopment Incentive Grant Program (the "Program") to improve the tax base and quality of life in Dakota County by assisting municipal redevelopment efforts and promoting the development of affordable housing; and WHEREAS, the activities to be undertaken under the Program are all activities that the. Agency could undertake directly pursuant to Min.nesota Statutes, SS469.001 to 469..047 and 469.090 tq 469.1082; and WHEREAS, this .Agreement shall constitute a cooperation agreement between the parties, as contemplated by Minn,esota. Statutes, SS469.041, clause (8) and 469.101, subdivisions 5 and 14; and WHEREAS, the Grantee submitted an application for a Redevelopment Incentive Planning Grant (the "Application") in response to a request for proposals issued by.the Agency and will use the grant funds' made available under this Agreement to help fund the planning project identified in Attachment A (the "Project"); and WHEREAS, the Agency has concluded that the Grantee has the necessary expertise, skill and ability to successfully comPlete the Project and that the Project is in the best . interests of the Agency and will positively contribute to meeting the goals of the Program; and WHEREAS, the Grantee is a municipality of Dakota County that is supportive of the Agency's mission and of the development of affordable housing; and WHEREAS, the Agency had agreed to provide grant funds to the Grantee pursuant to the Program and Resolution No. 09-4518, subject to any terms, conditions, and clarifications hereof. NOW THEREFORE, in consideration of the mutual covenants and agreement contained herein, the Agency and the Grantee agree as follows: 1 7-3 ARTICLE 1: TERMS OF GRANT 1.01 Grant Amount: The Agency agrees to provide a grant to the Grantee in the amount of Seven Thousand Five Hundred Dollars ($7,500.00) (the "Grant") from the Program upon the terms and conditions and for the purposes set forth in this Agreement. 1.02 Match Requirement: The Grantee shall match the total Grant amount received from the Agency based upon the expenditure of one dollar ($1.00) of Grantee funds ("Matching Funds") for each one dollar ($1.00) of Grant funding. Such Matching Funds shall (a) constitute the actual expenditure of Grantee funds on the Project described in Attachment A and not "in kind" contIibutions and (b) be in balance at the time of each Grant disbursement pursuant to Section 1.06. hereof. The source and amount of Matching Funds shall be identified by the Grantee in each Reimbursement Request, as described in Section 1.06. 1.03 Use of Funds: The Grantee agrees to use the proceeds of the Grant solely for the purposes and activities described in Attachment A.' A Project summary that identifies eligible uses of Grant proceeds, as approved by the Agency, is contained in Attachment A ("Eligible Uses"). 1.04 Grant Term: The Project shall be completed in a timely manner and all Grant funds will be expended upon the. later of (a) nine (9) months of the date of this Agreement or (b) November 30, 2009 (the "End Date"). For purposes of this Agreement "Completed" means submission of the final planning report to the Agency. 1.05 Term Extension: The End Date may be extended beyond the original End Date at the sole discretion of the Executive Director of the Agency. The Grantee must submit 'any extension request in writing at least thirty (30) calendar days prior to the End Date (a) stating the reason for the extension request, (b) providing a proposed new End Date and (c) describing in reasonable detail proposed changes to the Project activities and budget, if any. The End Date may be extend~d only once and the extension shall not exceed one (1) year beyond the original End pate. 1.06 Disbursement of Grant Funds: The Agency will disburse Grant funds in response to written reimbursement requests ("Reimbursement Requests") submitted to the Agency by the Grantee upon forms provided by the Agency and accompanied by (a) copies of bills and invoices from third parties for which Grantee seeks reimbursement and (b) proof of expenditure of Matching Funds in an amount at least equal to the amount of the Reimbursement Request. Subject to verification of the facts contained in. each Reimbursement Request and a determination of compliance with the terms of this Agreement, the Agency will disburse the requested amount to the Grantee within fourteen (14) days after receipt of each Reimbursement Request. 1.07 Release of Unused Grant Funds: Upon the earlier of (a) Completion of the Project or (b) the End Date (the "Grant Release Date"), any Grant funds not previously 7-4 2 disbursed to the Grantee for any reason shall be automatically released from the telms of this Agreement. ARTICLE 2: ACCOUNTING, AUDIT AND REPORTING REQUIREMENTS 2.01 Accounting and Records: The Grantee agrees to accurately and completely establish and maintain detailed accounts and records relating to the receipt and expenditure of all Grant funds received under this Agreement. Such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the Grant Release Date, Such financial records shall sufficiently evidence the nature and expenditure of all Match Funds required. Accounting methods shall be in accordance with generally accepted accounting principles. 2.02 Audits: The accounts and records of the Grantee described in Section 2.01 shall be audited in the same manner as all other accounts and records of the Grantee and may, for a peliod of six (6) years following the Grant Release Date, be inspected on the Grantee's premises by the Agency or individuals or organizations' designated by the Agency, upon reasonable notice thereof to the Grantee. The books, records, documents and accounting procedures relevant to this Agreement ar~ subject to examination by the State Auditor in accordance with State law. 2.03 Rep0l1 Requirements: The Grantee shall periodically report to the Agency regarding the statu~ of Project activities and the expenditures of the Grant funds. Reports are due on each May 31 st and November 30th during the Grant term, as defined in Section 1.04. A final report is due sixty (60) days following the Grant Release Date. This reporting requirement and all others required in this Agreement shall survive the termination or expiration of this Agreement. 2.04 Public Bidding: The Grantee, in the expenditure of Grant funds, shall at all times compiy with the requirements of Minnesota Statutes, ~~469.015 and 471.345. ARTICLE 3: GRANTEE REPRESENTATIONS AND WARRANTIES 3.01 Authority: Grantee warrants that it is duly organized under applicable laws of the State of Minnesota and that it has authority to execute, deliver, and perform its obligations under this Agreement. 3.02 Use of Grant Funds: Grantee warrants that it shall use the proceeds of the Grant solely for Eligible Uses in accordance with SeCtion 1.03 hereof. 3.03 Acknowledgements: The Grantee shall acknowledge the assistance provided by the Agency and Dakota County in promotional materials, press releases, reports and publications relating to the Project activities that are funded in whole or in part with the Grant funds. The acknowledgement should contain the following language: "Financing for this project was provided by the Dakota County CDA Redevelopment Incentive Grant Program and support from Dakota County". 3 7-5 3.04 Assignment: Grantee shall not cause. or permit any voluntary transfer, assignment, or other conveyance of this Agreement without the written consent of the Agency, which said consent may be withheld it the Agency's sole discretion. Any non- approved transfer, assignment or conveyance shall be void. 3.05 Indemnification: Grantee shall defend, hold harmless and indemnify the Agency and its elected and appointed officials, officers, agents and employees from and against all claims, liability, costs expenses, loss or damages of any nature whatsoever, including reasonable attorney's fees, arising out of or in any way connected with its failure to perform its covenants and obligations under this Agreement and any of its operations or activities related thereto, excluding the willful misconduct or the gross negligence of the person or entity seeking to be defended, indemnified, or held harmless. The provisions of this paragraph shall survive the termination of this' Agreer:n.ent. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Agency of any immunities or limits on liability provided by applicable State law. ARTICLE IV: DEFAULT AND REMEDIES 4.01 Default Defined: The term "Default" shall mean, whenever It IS used in this Agreement (a) any failure by the Grantee to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed hereunder or (b) any material breach of any representation set f011h herein. 4.02 Remedies: Whenever a Default occurs, the Agency may immediately, without notice, suspend its performance under this Agreement. After providing thiI1Y (30) days written notice to Grantee of a Default, but only if the alleged Default has not been cured within said thiI1y (30) days or, if the alleged Default cannot be cured within said thirty (30) days, within such time as is r~asonably determined by the Agency as necessary to cure (assuming Grantee diligently pursues such cure), the Agency may (a) terminatethis Agreement by written notice, upon which all non-disbursed Grant Funds shall be released, and/or (b) pursue whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any amounts due under this Agreement or to enforce the performance and observance of any obligation, agreement, or covenant hereof. 4.03 No Remedy Exclusive: No remedy herein conferred upon or reserved to the Agency is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Agency to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as provided in Section 4.02. 7-6 4 4.04 No Additional Waiver Implied by One Waiver: In the event any agreement contained in this Agreement should be breached by the Grantee and thereafter waived by the Agency, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other conculTent, previous or subsequent breach hereunder. ARTICLE 5: GENERAL PROVISIONS. 5.01 Amendments: The Agency and the Grantee may amend this Agreement by mutual agreement and shall be effective only on the execution of written amendments signed by authorized representatives of the Agency and the Grantee. 5.02 Equal OppOliunity: The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in local civil rights commiSSIon, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.03 Conflict of Interest: The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.04 Severability: If one or more. provisions of this Agreement are found invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall not in any.way be affected, prejudiced, disturbed or impaired thereby, and 'all other provisions of this Agreement shall remain in full force. 5.05 Time: Time is of the essence in the performance of the terms and conditions of this Agreement. 5.06 Contacts: Reimbursement Requests, written reports and correspondence submitted to the Agency pursuant to this Agreement shall be directed to: Dakota County CDA Attn: Assistant Director of Community Revitalization 1228 Town Centre Drive Eagan, MN 55123 Any notice, demand, or other communication under the Agreement to the Grantee shall be sufficiently given or delivered if it is dispatched by registered or certified mail, 5 7-7 postage prepaid, return receipt requested, Or delivered personally to Grantee at: City of Farmington Attn: Parks & Recreation Director 430 Third Street Farmington, MN 55024 or at such othei- address that Grantee may, from time to. time, designate in wntmg. Mailed notices shall be deemed duly delivered two (2) business days after the date of mailing. 5.07 Warranty of Legal Capacity: The individuals signing this Agreement on behalf of the Grantee and on behalf of the Agency represent and warrant on the Grantee's and the Agency's behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's and the Agency's behalf, respectively and that this Agreement constitutes the Grantee's and the Agency's valid, binding and enforceable agreements. 5:08 Counterparts: This Agreement .may be executed in multiple counterparts, and all such executed counterparts shall constitl!te the same Agreement. It shall be necessary to account fo.r only one (1) such counterpart executed by each patty hereto in proving the existence, validity or content of this Agreement. IN WITNESS WHEREOF, the Grantee and the Agency have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Agency. Agency: The Dakota County Community Development Agency By: Mark S. Ulfers, Executive Director Dated: Grantee: The City of Farmington, Minnesota By:. Peter Herlofsky Jr., City Administrator Dated: 7-8 6 ATTACHMENT A .." - ,.__._ __._____ ._.._ ~_ . _____.....__'___. __ - ._n....' . ...._._.._ ___._______._.__.___ Planning Project Name: Natural Resources Inventory ..~- ~ Location: City-Wide, Farmington, Minnesota _, . .. _~.n ^ Redevelopment Planning Project Description: Inventory land cover, develop natural resources based land use assessment model, develop community green infrastructure plan, incorporate data and assessment into municipal plans, develop ordinances to enhance natural resources conservation, and develop collaborative inter-jurisdictional planning to conserve natural resources. , Project Activities: ~. ,. .... ""_~~..~,,.. .n'...._.,... - _-.-.,., .., Natural Resources Inventory Study , Budget: $15,000 TOTAL $15,000 .n .^~. .' ." ","-._~. ",".__.~'.'."'" -~. ,'W ..,- Matching Funds Sources: Amounts: '-""..~._--, ".--"..-..--,. ,". -.. ^_..~.,.-~.,~...- Community Conservation Assistance Grant, DNR Central Region $75,000 TOTAL ....... ... .....-.,..... $7,500 7 7-9 7~ o '" o ~ N ~ ~ '" Cl .. a. 0 . CO 0 0 0 _10 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO N N N 0 ..... ~ C U') U') .... .... 0 0 0 m m ~ ~ CO '" 0 0 U') U') "! "! 0 0 CO U') N .... .... ..... '" " . ,..: on on 0 on on -<i -<i on on cO cO 0 0 M M M M en ,..: ,..: 0 0 N g M a .... ~ ~ E m m CO ..... 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Q: Q: (/J W X w Cl 0 0 z 0 0 w (/J z 0 w U 0 :::l :::l Z :::l :::l W j:: Q: Q: a a u z > ~ a 0 a 5 0 w <( :::l c.. ::; ::::; N ::; ::; Q: 0 n: j:: Q: W ::; (/J z ~ lXl o/S Z lXl 'i': w C3 <( c.. j:: w 0 0 s: 0 :::l (/J Z 0 :::l Q: j:: 0 z Cl 0 z '" -' j:: w <( I- :.:: z I- :.:: '" 0 Q: Q: Q: Z W Z '" (/J ~ w ~ Q: Z I- ~ l- e Q: W <( l- s: 0 z 0 'u; I- U ~ :> <( > W W ~ :::l W 0 -' 0 -' lXl c.. ~ ~ (/J J: Q: 0 ii: c.. 0 ii: <( Cl z j:: u ~ ~ U (/J en 0 ~ W > (/J 0 0 Q: W <( 0 W :::l -' 0 (/J 0 I- Cl W Z I- M ~ u: Q: W Q: en N ~ 0 I- U Cl ::; (/J Q: Z >- -' lXl c.. 0 z w >- (/J <( Z -' -' :::l l- I- 1-- J: 0 <( ~ ::; 0 0 U I- (/J ::;; (/J iii z 0 Q: :::l :::l ::;; (/J ~ ~ W ~ (/J en Q: 0 0 ::;; W w :.:: JI 0 w ::;; 0 -' () W c.. Z LL I- <( Z (/J ~ Oi) Z Z ~ ~ Z c.. Oi) (/J ~ ~ Q: :::l :::l :::l N City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Supplemental Agenda DATE: April 20, 2009 It is requested the April 20, 2009 agenda be amended as follows: CONSENT AGENDA Add 7i) Out of State Conferences Policy Amendment - Administration Policy amendment for 2009. Res~;~, Peter J. H~fSk!! $S City Administrat;~Jr~ / City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter 1. Herlofsky, Jr. City Administrator SUBJECT: Out of State Conferences Policy Amendment DATE: April 13, 2009 The 2009 budget has been reduced specifically in schools and conferences. Many department heads have scheduled out-of-state conferences for 2009. In order to clarify the issue that has been created through state revenue shortfalls, I would like to suggest the following: 1. Out of state conferences paid for by the City for the remaining portion of 2009 will not be authorized for City departments. 2. Employees who wish to attend out-of-state conferences, per the policies on Business Travel and Schools and Conferences, will be authorized to attend those conferences at their own expense except for the time spent attending the conference. That time will be considered work time meaning that the employee will not be required to use their vacation time. 3. The conditions noted above will be in effect for 2009. The issue regarding out-of-state conferences will be addressed as part of the 2010 budget. (R~ctfullY sur ~ " ete~~, J:r-t/7 City Adfu'inistrator Cmuller/Herlofsky/Council Memos/Out State Conf Farmington Liquor Downtown Store /O~ I p~,;-:;;';'-;~1illR: _c 1 Total Sales by Year (Through March) Location: 109 Elm Street (since November 2005) Leased from: City Center Development LLC (Tom Wartman) Square Footage: 6,250 Gross Sales % Increase 2004 $ 251,911,02 2005 $ 255,071.47 1,3% 2006 $ 321,992,92 26.2% 2007 $ 363,452.37 12,9% 2008 $ 371,381,12 2,2% 2009 $ 406,160.34 9.4% Sales % Increase Beer $ 190,661.88 Liauor $ 121,348.08 Wine $ 48,827.13 Other $ 10,544.03 Total $ 371,381.12 2008 (Through March) 2009 (Through March) Sales % Increase Beer $ 215,412,04 13,0% Liauor $ 130,260.27 7.3% Wine $ 48,737,27 -0,2% Other $ 11,750,76 11.4% Total $ 406,160.34 9.4% Customers 19,543 Customers 21,460 9.8% 2008 Sales by Product Type Other 2.8% 2009 Sales by Product Type Other 2.9% Beer 51,3% Beer 53.0% Liquor 32,7% liquor 32.1% 2008-2009 Downtown Sales (Through March) , $140,000,00 . $120,000,00 $100,000,00 $80,000,00 $60,000,00 $40,000,00 $20,000.00 $- Jan Feb Mar ro 2009 Downtown Location $139,004.75 $129,179.48 $137,976,11 102008 Downtown Location $114,569.54 $124,075,88 $132,735.70 $16000000 Farmington Liquor Pilot Knob Store Total Sales by Year (Through March) -. !I~ Gross Sales % Increase 2004 $ 319,649,80 2005 $ 380,664,33 19,1% 2006 $ 439,458.49 15.4% 2007 $ 511,670,90 16.4% 2008 $ 498,626.71 -2,5% 2009 $ 495,607.81 -0.6% Location: 18350 Pilot Knob Road (since November 2004) Leased from: Schweiness LLC Square Footage: 6,830 2008 (Through March) 2009 (Through March) Sales % Increase Beer $ 246,108,09 liquor $ 151,467.10 Wine $ 85,706.45 Other $ 15,345,07 Total $ 498,626.71 Sales % Increase Beer $ 252,799,44 2.7% Liauor $ 148,946,67 -1,7% Wine $ 78,279.60 -8.7% Other $ 15,582,10 1,5% Total $ 495,607.81 -0.6% Customers 25,333 Customers 25,622 1.1% 2008 Sales by Product Type Other 3,1% 2009 Sales by Product Type Other 3.1% Beer 49.4% Beer 51,0% Liquor 30.1% 2008-2009 Pilot Knob Sales (Through March) .- $180,000.00 $160,000,00 $140,000.00 $120,000,00 $100,000,00 $80,000.00 $60,000,00 $40,000.00 $20,000,00 $- Jan Feb Mar 102009 Pilot Knob Location $170,559.45 $153,303,37 $171,744,99 102008 Pilot Knob Location $149,109,36 $165,338.92 $184,178.43 $200 000 00 jOb City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us /\ Planning Commission ( dr.! (/ Lee Smick, AICP c)(t City Planner 0 I TO: FROM: SUBJECT: Review of the Final Document - 2030 Comprehensive Plan - 2008 Update DATE: April 20, 2009 INTRODUCTION The Metropolitan Council reviewed Farmington's 2030 Comprehensive Plan - 2008 Update at their meeting on March 11, 2009. DISCUSSION ~t the meeting, the Metropolitan Council found that the, Update meets all Metropolitan Land Planning Act requirements, conforms to all regional systems, is consistent with the 2030 Regional Development Framework, and is compatible with Farmington's surrounding jurisdictions (see attached report). Therefore, the Metropolitan Council has stated that "the City may place the update into effect and no modifications are required" . Minnesota Statutes require that the City of Farmington adopt the Update with any required modifications within nine months of the decision on March 11, 2009. The Metropolitan Council did not place any modification requirements on the Update; however they have provided revision recommendations to the Update that City staff have included in the final document. The recommendations include the following items: a. that the Council will use the 2010 population forecasts as stated in the Review Record; b. to continue to participate in the Plat Monitoring Program; c. to submit to the Council when specific dates are cited for lands to be removed from the Agricultural Preserves Program; d. that upon future annexations, the City must submit comprehensive plan amendments to the Council for review; and, e. to submit a copy of the 2006 water supply plan with the fmal, adopted Update. The tables below address item (a) above. In the draft of the Update, the City proposed a 2010 population of 22,320 people. The Metropolitan Council has suggested that the City change its 2010 population to 20,500 after their analysis indicated that the average household size has declined in recent years and therefore requires a evision to Farmington's 2010 population. City staff reviewed the suggestion and will make revisions to the 9-1 Update with the knowledge that the upcoming 2010 Census will give the City more accurate populatio numbers. CITY OF FARMINGTON 2030 FORECASTS 2010 2020 2030 Population 22,320 27,510 32,700 Households 7,585 10,500 12,500 Employment 6,600 8,400 9,900 METROPOLITAN COUNCIL'S FORECASTS 2010 2020 2030 Population 20,500 27,500 32, 700 Households 7,500 10,500 12,500 Employment 6,600 8,400 9,900 Table 4.4 below, will be submitted to the Metropolitan Council as recommended in item (c) noted above. Farmington will also submit the attached Agricultural Preserve Map for additional information. AGRICUL TURAL PRESERVE ACRES Table 4.4 Date Ag Preserve Expires Owner Acres 08-21-2011 Christensen 40.00 (Part of the new FHS Site) 08-21-2011 J. P. Pleasant 75.43 09-15-2011 Donnelly 74.17 03-15-2012 Donnelly 78.45 03-15-2012 Donnelly 158.20 03-15-2012 Donnelly 80.01 (Donnelly Total of390.83) 506.26 The remaining items (b), (d), and (e), will be submitted as recommended. On April 14th, the Planning Commission reviewed the Final Document of the 2030 Comprehensive Plan - 2008 Update and recommended approval of it with a 5-0 vote. 9-2 LCTION REOUESTED Adopt the attached resolution approving the Final Document ofthe 2030 Comprehensive Plan - 2008 Update. Respectfully submitted, ":./'( Q /-1<"'/' //,,{!/'J cj7t_~ _ ...... ~/~. Lee Smick, AICP City Planner 9-3 RESOLUTION NO. ADOPTION OF THE 2030 COMPREHENSIVE PLAN - 2008 UPDATE 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 20th day of April, 2009 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, Minn. Stat. 9462.355 and 9 473.864 require the City to review its comprehensive plan and amend it, if necessary; and WHEREAS, the City of Farmington has prepared a 2030 Comprehensive Plan - 2008 Update in accordance with the Metropolitan Land Planning Act; and WHEREAS; numerous public hearings, workshops, and meetings, were held to provide for public input on development issues, goals and policies related to the 2030 Comprehensive Plan - 2008 Update process, and WHEREAS, the Planning Commission and City Council previously recommended submittal of the proposed 2030 Comprehensive Plan - 2008 Update to the Metropolitan Council; WHEREAS, the 2030 Comprehensive Plan - 2008 Update was submitted to adjacent governmental units, special affected districts lying in whole or in part within the City, and affected school districts for review and comment in accordance with Minn. Stat. 9473.858; and WHEREAS, the Metropolitan Council on March 11, 2009 reviewed the 2030 Comprehensive Plan - 2008 Update and determined that the City could put the 2030 Comprehensive Plan - 2008 Update into effect. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby adopts the 2030 Comprehensive Plan - 2008 Update for the City of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of April, 2009. Todd Larson, Mayor Attested to the _ day of April, 2009. Peter Herlofsky, Jr., City Administrator SEAL 9-4 ~~~ Metropolitan Council ~~ March 24, 2009 Lee Smick City of Farmington 325 Oak Street Farmington, MN 55024 Re: City of Farmington's 2008 Comprehensive Plan Update Review File No. 20385-1 Metropolitan Council District 16 Dear Ms. Smick: At its meeting on March 11,2009, the Metropolitan Council completed its review of the City's updated Comprehensive Plan Update (Update). The Council based its review on the staff's report and analysis. The Council folind that the Update meets all Metropolitan Land Planning Act requirements, conforms to the regional system plans transportation, including aviation, water resources management, and parks, is consistent with the 2030 Regional Development Framework, and is compatible with the plans of adjacent jurisdictions. Therefore, the City may place the Update into effect and no modifications are required. Minnesota Statutes 473.864, Subd. 1 requires local governments to adopt the Update with any required modifications within nine months following a final decision. The recommendations and advice of the Council were as follows: a. that the Council will use the 2010 population forecasts as stated in the Review Record; b. to continue to participate in the Plat Monitoring Program; c. to submit to the Council when specific dates are cited for lands to be removed from the Agricultural Preserves Program; d. that upon future annexations, the City must submit comprehensive plan amendments to the Council for review; and, e. to submit a copy of the 2006 water supply plan with the fmal, adopted Update. A copy of the final report is attached for your files. Please call Patrick Boylan (651-602-1438) with any questions. Phylljs anson, Manager Loca:!y anning Assistance cc: Crystal Carlson, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Metropolitan Council District 16 Councilmember files Patrick Boylan. Principal Reviewer Cheryl Olsen, Reviews Coordinator N:\CommDev\LPA\Communities\Farmington\Letters\Farmington 2008 CPU Post Council Action Letter 20385-1,doc www.metrocouncil,org 390 Robert Street North. St. Paul, MN 55101-1805 . (651) 602-1000 · Fax (651) 602-1550 · TIY (651) 291-0904 9-5 An Equal Opportunity Employer J Community Development Committee Environment Committee For the Metropolitan Council meeting of March 11, 2009 Committee Report Item: 2009-9 ADVISORY INFORMATION Subject: City of Farmington 2030 Comprehensive Plan Update Tier II Comprehensive Sewer Plan Review File No. 20385-1 Proposed Alternative Action That the Metropolitan Council adopt the attached Advisory Comments and Review Record, and the following: Recommendation of the Community Development Committee 1. Authorize the City of Fannington to put it's 2030 Comprehensive Plan Update info effect 2. advise the City: a. that the Council will use the 2010 population forecasts as stated in the Review Record; b. to continue to participate in the Plat Monitoring Program; c. to submit to the Council when specific dates are cited for lands to be removed from the Agricultural Preserves Program; d. that upon future annexations, the City must submit comprehensive plan amendments to the Council for review; and, e. to submit a copy of the 2006 water supply plan with the fmal, adopted Update. Recommendation of the Environment Committee: 1. Approve the City's Tier II Comprehensive Sewer Plan. Summary of Committee Discussion I Questions: Environment Committee Councilmember Bowles requested clarification of the Recommendations of the Community Development Committee. The first recommendation authorizes the city to put its plan update into effect, but the fourth recommendation requires the city to revise its forecasts. Councilmember Bowles questioned the discrepancy in recommendations, and offered alternative language whereby the Council would recommend that the City implement the Plan. Staff explained that the sewer act statute was fairly specific as to the Council's action, including the formal approvals of Tier II Sewer Plan. However, staff did acknowledge that the two recommendations were confusing. Chair Leppik suggested that the Environment Committee act on the recommendations as stated, and directed staff to obtain legal counsel opinion prior to action by the full Council. Motion to approve the City of Fannington's 2030 Tier II Comprehensive Sewer Plan and require the City to revise the Update's 2010 socio-economic forecast and flow projections to be consistent with the Metropolitan Council's for,ecasts for 2010 was made, seconded and approved unanimously. Community Development Committee: On February 17,2009, senior planner Patrick Boylan presented the report to the Community Development Committee. City Planner Lee Smick was present and indicated that the City was not against Council staff conclusions and did plan to change the 2010 population forecasts within the entire Update document, including the Tier II Sewer Plan. 1 9-6 As with the February 10th Environment Committee, Councilmember Bowles again expressed concern about original recommendations drafted by Council Staff and indicated that to approve the City's Tier II Sewer Plan and then requiring the City to revise the 2010 forecast was contradictory. There was discussion with David Theisen, Associate General Counsel, responding that legal staff would work with Local Planning Assistance staff to address the issues raised. The Community Development Committee recommended approval to the Metropolitan Council. 2 9-7 ADVISORY COMMENTS City of Farmington 2030 Comprehensive Plan Update and Tier II Comprehensive Sewer Plan Review File No. 20385-1 - Council Business Item No. 2009-9 The following Advisory Comments are part of the Council action authorizing the City to implement its 2030 Comprehensive Plan Update ("Update") and approving the City's Tier II Comprehensive Sewer Plan: Community Development Committee 1. The Council-adopted Local Planning Handbook states that the City must take the following steps: a. Adopt the Update in final form after considering the Council's review recommendations; and b. Submit one electronic copy and one hard copy of the Update to the Council. The electronic copy must be organized as one unified document. A copy of the City Council resolution evidencing fmal approval of the Update should be submitted to the Council. 2. The Council's Handbook also states that local governments must formally adopt their comprehensive plans within nine months after the Council's fmal action. If the Council has recommended changes, local governments should incorporate those recommended changes into the plan or respond to the Council before "final approval" of the comprehensive plan by the governing body of the local governmental unit. (Minn. Stat. ~ 473.858, subd. 3). 3. Local governmental units must adopt official controls as described in their adopted comprehensive plans and must submit copies of the official controls to the Council within 30 days after official controls are adopted. (Minn. Stat. S 473.865, subd. 1). 4. Local governmental units cannot adopt any official controls or fiscal devices that conflict with their comprehensive plans or which permit activities in conflict with the Council's metropolitan system plans. (Minn. Stat. ~~ 473.864, subd. 2; 473.865, subd. 2). If official controls conflict with comprehensive plans, the official controls must be amended within nine months following amendments to comprehensive plans. (Minn. Stat. ~ 473.865, subd. 3). Environment Committee 1. The Council-approved Tier II Comprehensive Sewer Plan becomes effective only after the Update is fmally approved by the City's governing body. After the Update is finally approved by the City and the Tier II Sewer Plan becomes effective, the City may implement its Update to alter, expand or improve its sewage disposal system consistent with the Council-approved Tier II Sewer Plan. 2. A copy of the City Council Resolution adopting its Update, including the Tier II Sewer Plan, must be submitted to the Council. 3 9-8 C E Community Development Committee Meeting date: February 17, 2009 Business Item Item: 2009-9 Environment Committee Meeting date: February 10, 2009 ADVISORY INFORMATION Subject: City of Farmington 2030 Comprehensive Plan Update Review File No. 20385-1 Tier II Comprehensive Sewer Plan District(s), Member(s): District 16, Vacant Policy/Legal Reference: Minnesota Statute Section 473.175 Staff Prepared/Presented: Patrick Boylan, Principal Reviewer, (651-602-1438) Phyllis Hanson, Manager, Local Planning Assistance (651-602-1566) Kyle Colvin, Engineering Services Asst. Manager, (651-602-1151) Division/Department: Community Development / Planning and Growth Management Environmental Services / Engineering Services Proposed Action That the Metropolitan Council adopts the attached Review Record and takes the following actions from each committee: Recommendations of the Environment Committee: 1. Approve the City of Farmington's Tier II Comprehensive Sewer Plan; 2. Require the City to revise the Update's 2010 socio-economic forecast and flow projections to be consistent with the Metropolitan Council's forecasts for 2010. Recommendations of the Community Development Committee: 1. Authorize the City of Farmington to put its 2030 Comprehensive Plan Update into effect without any plan modifications; 2. Remind the City that Minnesota Statutes 473.864 requires the City to formally adopt the Update within nine months, submit two copies and a copy of the City Council Resolution adopting the Update to the Metropolitan Council following fmal action; 3. Remind the City that it is required to submit any updated ordinances and controls intended to help implement the Update to the Council upon adoption; 4. Require the City to revise the 2010 socio-economic forecasts in the Update as they relate to sanitary sewer flows to fit the demographic forecasts and update all related tables throughout the document; 5. Require the City to continue to participate in the Plat Monitoring Program; 6. Require that specific dates are cited for lands to be removed from the Agricultural Preserves program and submitted to the Council. 7. Remind the City that upon future annexations, the City must submit comprehensive plan amendments to the Council for review; and, 8. Remind the City to submit a copy of the 2006 water supply plan within the fmal, adopted Update. 6 9-9 Background The City of Farmington (the "City") is located in Dakota County, surrounded by the cities of Lakeville, Empire Township, Castle Rock Township, and Eureka Township (see Figure 1). The 2030 Regional Development Framework(RDF) identified Farmington as a "Developing" community. Figure 2 shows the designation and regional systems in Farmington and the surrounding area. The City submitted its 2030 Comprehensive Plan (Update) to the Council for review to meet the Metropolitan Land Planning Act requirements (Minn. Stat. 473.175) and the Council's 2005 Systems Statement requirements. Rationale - Standard of Review & Findings 1. Does the proposed Plan conform to Regional Systems Plans? 2. Is the Plan consistent with Metropolitan Council policies? 3. Is the Plan compatible with plans of adjacent governmental units and plans of affected special districts and school districts? Conformance with Regional Systems Plans: 1. Regional Parks Yes 2. Transportation including Aviation Yes 3 . Water Resources Management Yes (Wastewater Services and Surface Water Management) Consistent with Council Policy Requirements: 1. Forecasts 2. Housing 3. 2030 Regional Development Framework and Land Use 4 Individual Sewage Treatment Systems (ISTS) Program, Surface Water Management 5. Water Supply No; 2010 population figures are too high. Yes Yes Yes Yes Compatible with Plans of Adjacent Governmental Units and Plans of Affected Special Districts and School Districts 1. Compatible with other plans Yes Funding None. Known Support I Opposition There is no known opposition. 7 9-10 REVIEW RECORD Review of the City of Farmington 2030 Comprehensive Plan Update STATUTORY AUTHORITY The Metropolitan Land Planning Act (MLP A) requires local units of government to submit comprehensive plans (plans) and plan amendments to the Council for review and comment (Minn. Stat. 9473.864, Subd. 2). The Council reviews plans to determine: . Conformance with metropolitan system plans, . Consistency with other adopted Plans of the Council, and . Compatibility with the Plans of other local jurisdictions in the Metropolitan Area. The Council may require a local governmental unit to modify any plan or part thereof if, upon the adoption of findings and a resolution, the Council concludes that the Plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. ~ 473.175, Subd. 1). Each local government unit shall adopt a policy plan for the collection, treatment and disposal of sewage for which the local government unit is responsible, coordinated with the Metropolitan Council's plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted to the Council for review and shall be subject to the approval of the Council as to those features affecting the Council's responsibilities as determined by the Council. Any such features disapproved by the Council shall be modified in accordance with the Council's recommendations (Minn. Stat. ~ 473.513). CONFORMANCE WITH REGIONAL SYSTEMS Regional Parks Parks and Trails Reviewer: Jan Youngquist, CD - Regional Parks System Planning, (651-602-1029) The Update is in conformance with the Regional Parks Policy Plan (RPPP). The Update conforms to the 2030 Regional Parks Policy Plan since it acknowledges the two regional trail search areas located in Farmington. Transportation Roads and Transit Reviewer: Elaine Koutsoukos, MI'S - Systems Planning, (651-602-1717) The Update conforms with the Transportation Policy Plan (TPP) and addresses all the applicable transportation and transit requirements but is inconsistent with the Regional Development Framework (RDF) Transportation Analysis Zone (TAZ) tabulations. Once the City adopts the Council's 2010 population forecast, the City needs to reallocate the data to T AZ. The Update conforms as it relates to transit. Advisory: Roadwav Functional Classification: Map 6.8 also shows a number of "collector" roadways that currently do not appear on the TAB map. Ifthe city wishes these roadways to be incorporated into the TAB map, it will need to formally request their inclusion through the TAC-Planning Committee. Aviation Reviewer: Chauncey Case, MI'S - Systems Planning (651-602-1724) The Update is in conformance with the aviation system plan and consistent with Council policy. However, the City is advised that the Metropolitan Council reviewed and approved the preferred development alternative for the Airlake Airport long-term comprehensive plan (LTCP) on October 22, 2008. The approval included the following recommendations: 8 9-11 . That the MAC should establish ajoint airport/community zoning board; this would include the city of Farmington, . The MAC should continue coordination to provide sanitary sewer and water to the airport, . MAC continue coordination concerning land use compatibility for aircraft noise, . MAC continue coordination in efforts to realign Cedar Ave. south of Co. 70 to allow potential for runway extension to the southeast in the long term, . MAC amend the Airlake LTCP when parcels on-airport are developedfor non-aviation purposes. The Council is proceeding with Phase II technical update of the aviation system plan in 2009 and the city should be involved in that process. Wastewater Service Reviewer: Kyle Colvin, ES-EngineeringServices, (651-602-1151) The Update is in conformance with the Water Resources Management Policy Plan. The Update summarizes the City's vision for the next 20 years to the year 2030. The City's Update includes 2020 and 2030 growth forecasts that are consistent with the Council's forecasts for population, households and employment. However, the Update also includes intermediate growth forecasts that exceed those ofthe Council's for year 2010. The City must adopt in its Update the Council's 2010 population forecasts of 20,500. Current wastewater treatment services are provided to the City by the Metropolitan Council Environmental Services. Wastewater generated within the City is conveyed to and treated at the Metropolitan Council's Empire Wastewater Treatment Plant located in Empire Township. The City's wastewater conveyance service is provided through multiple connections to Council interceptors 7103 and 7409. The City's Plan projects it will have 12,500 sewered households and 9,900 sewered employees by 2030. The Metropolitan Disposal System with its scheduled improvements either has or will have adequate capacity to serve these needs. The Update provides a sanitary flow projection for year 2030. The bases for the projections were given in the Update and were determined appropriate for planning for local services. The Update included flow projections which reflect total build out conditions representative of a post 2030 timeframe. These projections included development of areas in Castle Rock and Empire Townships not included in the 2030 Plan. Before development and the extension of wastewater services can be extended into these areas of Castle Rock and Empire Townships, the City will need to amend its comprehensive plan to include these areas. Farmington has been identified as a community impacted by wet weather occurrences. The City is currently on the Council's list of communities having an III reduction goal. The City has committed to mitigate excessive III at levels equal to the Council's Surcharge amount. The City's III reduction plan includes investigative efforts for locating sources of excess III through system flow monitoring, sump pump inspections and disconnections and system inspection and rehabilitation. Tier II Comments Reviewer: Kyle Colvin, ES - Engineering Services, (651-602-1151) The Tier II Sewer Element of the Update has been reviewed against the requirements for Tier II Comprehensive Sewer Plans for developing communities. It was found to be complete and consistent with Council polices. Upon adoption of the Update by the City, the action of the Council to approve the Tier II Plan becomes effective. At that time, the City may implement its Update to alter, expand or improve its sewage disposal system consistent with the approved Tier II Sewer Plan. A copy of the City Council Resolution adopting its Plan needs to be submitted to the Metropolitan Council for its records. Surface Water Management Reviewer: Judy Sventek, ES - Water Resources Assessment (651-602-1156) Farmington lies within the Vermillion River watershed. The Vermillion River Joint Powers Board's latest watershed management plan was approved by the Board of Water and Soil Resources (BWSR) in 2005. Farmington prepared a LSWMP in 9 9-12 early 2008 that was found to be consistent with the Council's Water Resources Management Policy Plan and fulfills the requirements for local water management plans. CONSISTENCY WITH COUNCIL POLICY Agricultural Preserves Reviewer: Patrick Boylan, CD - Local Planning Assistance, (651-602-1438) The Update is consistent with Council Policy for Agricultural Preserves. The City has 859 acres enrolled in the Agricultural Preserves Program under the Metropolitan Agricultural Preserves Act. The Update describes those parcels as guided to 1 residential unit per 40 acres, which is consistent with Minnesota Statute ~4 73H.02 subdivision 7. Map 4.5 "2030 Comprehensive Plan." identifies parcels enrolled in the Agricultural Preserves Program as agricultural and protects those parcels through guiding of no more than 1 residential unit per 40 acres. On page 63, the Update states that "506.26 acres will be released from the ag preserve program during 2011- 2012." To be accurate, the Update should state that the land specifically expires on a date certain (and insert that date). Forecasts Reviewer: Todd Graham, CD - Research, (651-602-1322) The Update is inconsistent with Council's forecasts and therefore inconsistent with regional policy. The City's planning is based on alternative forecasts -- different from the Council's System Statement forecasts. The City-proposed 2020 and 2030 population revisions are found to be realistic and acceptable to Council staff. However, the City's 2010 population calculations do not reflect change in housing stock and the characteristics of housing consumers attracted by a growing supply of new townhomes and multifamily housing in Farmington. Council analysis is that average household size has declined significantly in Farmington because of housing stock change, and will continue to decline in the future because of demographic trends. Council staff recommends that the 2010 population forecast not be revised with inflated, history-based assumptions. Council staff recommends acceptance of the City-requested 2020 and 2030 forecast revisions; and no revision to 2010 forecasts. Table 1 shows the recommended revised forecasts: Table 1: Farmington Forecasts 2010 2020 2030 Population 20,500 27,500 32,700 Households 7,500 10,500 12,500 Employment 6,600 8,400 9,900 In the land use, sanitary sewer, and transportation sections ofthe Update, the City needs to revise the Update's 2010 forecasts (specifically tables 1.5,2.1,2.2,6.1, and 6.2) to reflect the forecasts shown above. Planned land use (chapter 4) and forecasts in the Plan Update (chapters 1,2,4,6) are intended to represent activity and development on approximately 9,536 acres of the 11,001 acres expected within the City's year 2030 boundaries. The balance (in future annexation areas) is categorized as "undesignated/OAA" land use. The City will need to plan for these presently rural areas through future Comprehensive Plan Amendments (CPAs) before zoning and development can occur. Forecast revisions will be considered with review of these CPAs. 10 9-13 2030 Regional Development Framework and Land Use Reviewer: Patrick Boylan, CD - Local Planning Assistance, (651-602-1438) The Update is consistent with the Regional Development Framework (RDF) designates Farmington as "Developing." The Update reflects the "Developing" status in the RDF. The RDF sets an overall density minimum of 3 to 5 plus units per acres where urban service is located or planned. Farmington has an overall net density of3.54 units per acre for residential development between 2000 and 2007, which is consistent and exceeds regional policy of a minimum of 3 residential units per acre. The City's lowest residential density allowed is I unit per net acre. According to the planned land use and number of units (Table 4.9), the City expects to have at least 3,433 additional units between 2007 and 2030 at a net density of at least 3.26 units per net acre. This density is within the Council's range of3-5 units per net developable acre. The Update includes a land use table by 5 year stages as required by the Metropolitan Land Planning Act (MLPA). Table 4.9 "Land Use Table in 5-Year Stages" is shown below: LAND USE TABLE IN 5-VEAR STAGES Table 4.9 Change 2007- Within Urban Service 2010 2015 2020 2025 2030 2030 Area Residential land Uses Low Densit Residential 3.5 1,124,76 1.253,93 1,309.09 1,424.12 1,516.35 1,608,57 483,81 Low Medium Density Residential 3,5 6 621,59 716.19 799,62 858,18 919,67 981,16 359,57 Medium Density Residential 6 12 412,37 463,37 543,38 547.43 549,46 551.47 139,10 12+ 12+ 42.92 54.92 114,22 114.22 114.22 114.22 71.30 Restricted Develo ment 158,25 150.11 150,11 150.11 150,11 150.11 -8,14 Mixed Use CommerciaVResidential* 0 16.83 16,83 16.83 16.83 16.83 16.63 Non- Desl natedNacantlOAA CII land Uses Commercial Industrial PubllctSeml Public land Uses 1 U1J,9~ 1.;/U4,o~ 1 262.59 1,269.90 1,273.56 1350.41 336,46 . 902,52 916.20 929.88 943.56 950.40 957.24 54,72 6,989.39 7.559.10 7,940.14 8,098.26 8,226.29 8.524.15 1.534,76 Min.;' Max. " ,. '\.; l: . ;., ,Change' ,., lot lot ~' l~l.-. t; ~~ -:',,: :, .c;, 2000~'" size "size' 2010 . 2015 \.: 2020 " 2025 " '2030' -,"2030' 40+ 40+ acres acres 2,715.19 2,643.19 2,605.19 2,576.19 2,576,19 2,477.01 -238,18 Subtotal Unsewered 2,715,19 2,643,19 2.605.19 2,576,19 2,576.19 2.477,01 -238,1 B Total 9,704,58 I 10,202.29 10,545,33 10,674.45 10,802.48 11,001.16 1 296,58 . For Mixed Use categories include infonnation regarding the estimated minimum and maximum housing density ranges and acres/percentage of residential use. 11 9-14 Housing Reviewer: Linda Milashius, CD-Livable Communities, (651-602-1541) The housing element fulfills the affordable housing planning requirements of the Metropolitan Land Planning Act. The plan acknowledges the city's share ofthe region's affordable housing need for 2011-2020 which is 492 units. To provide opportunities to meet this need the plan indicates that approximately 84 acres ofland will be available through 2020 for medium density residential development, at 6-12 units per acre, and 60 acres are designated for high density residential development at 12 units per acre. The plan provides the implementation tools and programs the city will use to promote opportunities to address its share of the region's housing need. The plan states the city will continue to participate in the programs provided by the Dakota County Community Development Agency (such as the Scattered Site Housing Program, Family Housing Partnership Program, Community Development Block Grant Program, Housing Rehabilitation Program, First-Time Homebuyers Program, Housing Choice Voucher Program (Section 8), as well as others) to insure that its residents have options for both affordable and life-cycle housing choices. Farmington is a participant in the Livable Communities Local Housing Incentives Program. Individual Sewage Treatment Systems (ISTS) Program Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update is consistent with ISTS requirements. The submission indicates that there are currently 85 ISTS in operation in the City. It also states that standards for installation, operation, and maintenance are consistent with Minnesota Pollution Control Agency 7080 Rules, Dakota County Environmental Management Ordinance 113, and City Code Chapter 3 requirements, as included in the C'SPP Appendix F. Water Supply Reviewer: Sara Bertelsen, ES - Water Supply Planning, (651-602-1035) The Update is consistent with the Council's Water Resources Management Policy Plan. The following are advisory comments: On page 135 ofthe Update, the city refers to the 1996 water supply plan as the most recent water supply plan. The Department of Natural Resources, however, approved a 2006 update of the city's water supply plan. The city should change the date of the most recent water supply plan in its next revision of its Update. The Council recommends the city continue to implement conservation programs targeted at reducing residential water use. Resource Protection Historic Preservation Reviewer: Patrick Boylan, CD - Local Planning Assistance, (651-602-1438 The Update contains a section on Historic Preservation as required by the MLP A. Solar Access Protection Reviewer: Patrick Boylan, CD - Local Planning Assistance, (651-602-1438 The Update contains a section on Solar Access Protection as required by the MLP A. Aggregate Resources Protection Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update is consistent with aggregate resource protection requirements. The City has identified on Map 4.13, the presence of aggregate resources in the City, consistent with Minnesota Geological Survey Information Circular 46 data. Mining activities are anticipated to be an ongoing land use within undeveloped areas of the City. An Extraction and Mining Ordinance contained within City Code establishes guidance for mining operations to occur in the City. 12 9-15 PLAN IMPLEMENTATION Reviewer: Patrick Boylan, CD -Local Planning Assistance, (651-602-1438 The Update includes a description of: . Capital Improvement Program Yes . Zoning Code Yes . Subdivision Code Yes . ISTS Codes Yes . Housing Implementation Program Yes The Update contains a 5-year CIP, a copy of the existing zoning districts and map, and a description of possible future changes. There are no specific changes in ordinances identified as needed to implement the Update; but the City intends to evaluate its land use controls following adoption ofthe Update. The City is reminded that it must submit copies to the Council of any changes made to any of the above noted documents within 30 days of their adoption. COMPATIBILITY WITH PLANS OF ADJACENT GOVERNMENTAL UNITS AND PLANS OF AFFECTED SPECIAL DISTRICTS AND SCHOOL DISTRICTS The City submitted the 2030 Comprehensive Plan Update to adjacent local units of government, school districts, counties and special districts for comment in February 2008. No compatibility issues with plans of adjacent governmental units and plans of affected special districts and school districts were indicated. DOCUMENTS SUBMITTED FOR REVIEW: . City of Farmington 2030 Comprehensive Plan, dated November 25, 2008; . 2030 Comprehensive Sewer Plan, dated October 2008; . City of Farmington Water Resources Management Plan, February 2008; . Minutes of the City Council meeting approving the Update subject to Metropolitan Council review and planning commission hearing; and, . Comprehensive Plan Transmittal form. ATTACHMENTS Figure 1: Figure 2: Figure 3: Location Map with Regional Systems Existing Land Use Map (Map 4.1, page 44 in the Update) 2030 Land Use Plan (Map 4.5, page 68 in the Update) N:\CommDev\LP A \Communities\Farmington\Reports\Farmington 2008 CPU Council Report 0311 09.DOC 13 9-16 Figure 1: Location Map with Regional Systems I ) .~ EII~IIJ~ T\IoIJI. G I -I Elllekil TViII. f-----} .__,,~_Ji I i i..---- 1--"..--1----j ----1 I ',AN6KA : i ..t\.. (" : ~ : ~~ -I' r-"--"I--~'---l-~!] J')J--:....:----? I .r.l"1)1 L . J) 'cr-'!-l(C~f" '-, r-J..-L-:'12ti~ I, I-\~i,:;:: ~,. I ~fHENltm~[n;'l ~rr,Wi>>'~~':III'IB:(l11 ~l ~'--:1 "'t':,;>"<-J RAMSEYr ( : 1 I I ~~~~,i ~~;.J r _ :"-"-r\~ 1I'-;r-q--.--.a-Ll~---..:.l .~.TJ..r-l,~L\ I ~ l:AR-bE~"-"1 t r--L..--l--,-rl)"--+ t-----r----;----l t(,"-- ~ I ~\ : "'( "'1 .F. ,..,. r I '<~ ..e.J r-:.rl.. .~--- --' _r .: I -~"-jr""" . : /<-1'. ~-t---r_-<$_-....,... ~- ._.__1._-'.__....,.1.: ) ~~ l\'l '\ '4 ~-" K(.ITAi . I ~ 1-"SC HT: I ( :'.: L. ---l---r---t--.~- -~ -:--.,._..~ r~ : i.. i it! ': ~ . , .;"1. , I ~_, , : I ----------,---1''''---.-- I ! I r--- L.__'~~. 'J~_' 0 0.5 1.5 2 25 3 Miles Reglon,,1 Systems Wlstewilter SelVices R4l{Jiollill ''lId Slite Trails _ hteroeptors _ Region3! Edsting G Trea1ment Plants _ Regional Planned TmllslloltitiOIl _ Region..1 Proposed - tJ'te.r:st;:rtes Recr~itioll Ollell Sllilce _ US Hghwal" - Pari< ReseM _ S1ale Highways - Regional Pari< - County R:>ads - Sped.1 Recreation Fe3ture - TlO Street Centerlines. 2007 14 9-17 Figure 2: Existing Land Use, City of Farmington Existing Land Use 2007 Map 4.1 rfo.').., ~~. " . ~ : .~l if i" ,.: I I I o 2.0QO 4,000 Feet ! Legend .1.:::~:1 Vacant/Agriculture _ Commerclal _ Industrial r.::~~ Mixed-Use (Public/Residential) _ Mixed-Use (Commercial/Residential) r .1 Single-Family Residential r::::1 Multi-Family Residential [--:1 Public/Semi. Public _ Park/Open Space D Non-Designated _ Restricted Development r--..O! ROW (Right-aI-Way) LakevillefTownships ~ Ag Preserves t M3p current as of November 19, 2D07. Prepared for the Farmington Community Development Department by IMe Dakot. CO'"nty Office ~~~~ 15 9-18 2030 Land Use Plan, City of Farmington 2030 Comprehensive Plan (2008 Update) Figure 3: Legend --- MUSAUne ~ Ag PtesOlVO. D AgricuRurel _ Commerclel _ Industrial - I Mixed-Use (Commen:lallReslden~al) 0 D Low Denoily (Ul-3.5 du/a.) D Low Medium (3.5-6.0 duloc) ~';:i I Medum Densily (6.o-12.0dul.c) _ High Densily(12.0+ du/ac) D PubliclSeml-PubUc ~ Park/Open $;lace _ Reslricled Oevelo;rnenl D ROW (Rlght-ot-Way) ~ CasU< Roci< OM ~ Empire OM Map 4.5 I 2,000 ~ Ma? CUlTSlI !IS of Oclober 14. 200B. Prep3red for the Farmln.;to:l Ccmml.l'\ity Development Depar1ment bllhe Dakota Ccu-oty O1'fice ~<;.~ N:\CommDev\LPA\Communities\Farmington\Reports\Fannington 2008 CPU Council Report 031109.DOC 16 9-19 IO~ City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ciJarmington.mn.us TO: Mayor, Councilmembers and City Administrato~. /. ty Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approve Agreements for Completing Rambling River Center Construction Project Work DATE: April 20, 2009 INTRODUCTION Quotes for the completion of several projects as part of the Rambling River Center Construction Project have been solicited and received. DISCUSSION Quotes were solicited for a fIre sprinkler and fIre alarm to be installed. Four companies were solicited and three companies submitted quotes. Attached is a tabulation form of the quotes submitted. Summit Fire from St. Paul submitted both the low base quote of $34,802 and the low overall quote of $40,745 when adding in the alternate items. Because the alarm system requires monitoring, an alternate quote was solicited from each company to monitor the fIre alarm for a ten year period. This means that for the next ten years, the fIre alarm will be monitored 24 hours a day, 365 days a year by Summit Fire for the building and should the alarm be activated Summit Fire would call 911 to activate a response to the alarm going off. Quotes were solicited from Helm Electric from Lakeville and Kelly Electric from Farmington for the following electrical work to be completed: disconnection and relocation of switches and outlets. Helm Electric provided a quote to do electrical work in the amount of $4,300. Kelly Electric declined to submit a quote for the electrical work. Quotes were solicited from two companies for the card reader system. The card reader system would be the same AMAG card reader system that the City Hall, Fire Station #2, Police Station and Central Maintenance Facility currently have. In addition to getting quotes on a card reader system for entrance into the building, optional pricing was solicited for other improvements to the building entrances. After inspecting the existing entrance doors, it would be worthwhile to replace three existing doors with new metal doors that would contain appropriate hardware and panic bars. In addition, the new doors would be installed at the same time as the card reader access system. The improvements to the entrance doors would include the following: . provide and install new exterior door including all hardware at the Oak Street entrance door . install new auto handicap access operator at the new handicap entrance door located off of the north parking lot . provide and install new exterior door and all hardware at the farthest north entrance door to the multipurpose space (outer vestibule door) . provide and install new interior door and all hardware in multipurpose entry (interior vestibule door) . provide card reader and new lever set and closer on the exterior door to the future fitness room entrance. Because the AMAG card reader system is a unique system only two companies were solicited to provide quotes for the AMAG system and its installation and the alternates identified above. VTI Security provided a base quote in the amount of$14,917.08 and a quote of$12,874 for the alternates listed above for a total quote of $27,791.08. A quote was also solicited from Pro-Tee Design a company that provides and installs the AMAG card 10-1 reader system. Pro- Tec Design declined to submit a quote because it was not certified to install the type of AMAG card reader system that would be installed in the Rambling River Center. The City has used VTI Security to provide and install the AMAG card reader system in all of the other City buildings that currently have this system in place. BUDGET IMPACT The estimated cost of the fire sprinkler system including the removal and replacement of ceiling tiles was $88,000 and the estimated cost of the fire alarm system was $10,000. Given the total estimated cost of $98,000 for all work associated with the fire sprinkler and fire alarm system and the low quote of $40,745 this part of the project is still $57,255 under the estimated cost. However, there will still be some costs yet associated with the purchase and installation of ceiling tile. The cost of disconnecting and relocating switches and outlets and the framing of new walls was $7,000. To date $205 has been spent on the framing of walls and it is not anticipated that any more walls will need to be constructed. Given the amount spent for constructing new walls and the quote of $4,300 from Helm Electric to complete the disconnection and relocation of switches and outlets the total amount spent on this part of the project will be $4,505 which is $2,495 less than the $7,000 that was estimated for this project work to be completed. The original estimated cost of the card reader system was $10,000. The quote that was provided by VTI Security for just the card reader system and using all existing doors was $14,917.08. Optional pricing amount of$12,874 was also provided by VTI security for upgrading the various entrance doors. The total cost of installing the card reader access system and all options identified previously would be $27,791.08. While this quote is $17,791.08 more than what was estimated, by approving all of the work associated with updating the building's security system it would be money well spent. The increased cost of the card reader access system and the optional improvements that go along with the card reader access system could be offset by the lower cost of completing the fire sprinkler and fire alarm system. Attached is Exhibit A that shows the project improvements to be completed and the associated estimated costs. ACTION REOUESTED The following approvals by a single motion are being requested for the Rambling River Center Construction Project: . Approve the attached Agreement with Summit Fire in the amount of $40,745 for the installation of a fire sprinkler and fire alarm system, fire alarm monitoring for 10 years, removal of an existing 2 Y2 inch water line, cutting and installing ceiling tiles only for sprinkler heads, installation of phone lines for alarm system and electrical wiring for alarm and sprinkler system.. . Approve the attached Agreement with Helm Electric in the amount of $4,300 for disconnection and relocation of switches and outlets. . Approve the attached Agreement with VTI Security in the amount of $27,791.08 for the installation of the AMAG card readers, new entrance doors, electric auto handicap door operator, panic bars and all hardware. 12:~U~ Randy Distad, Parks and Recreation Director 10-2 ~ ..... ~ - ~ o u o ..... r:IJ El c o ~:;::i ..... C'CS CJ = 0 ~...I El ~ ;;. o ~ El ~ ..... ~ ~ ..... ~ .... "0 ~ El El" ,! CD ~'ii E o o CD .Q .s ~ ... ~ ~ - - -< ..... .... .c .... -= ~ ~ o o " 0 ,! 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E en City of Farmington Rambling River Center Renovation Project Budget Bid Amount difference Fire Sprinkler & Fire Alarm $ 98,000.00 $ 40,745.00 $ 57,255.00 Electrical - disconnect & relocate switches/outlets 7,000.00 4,300.00 2,700.00 Card Reader System 10,000.00 27,791.00 (17,791.00) Total 115,000.00 72,836.00 42,164.00 10-5 FORM OF AGREEMENT TIDS AGREEMENT, made and signed this day of April, 2009, by and between the City of Farmington hereinafter called the "Owner" and Summit Fire hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 430 Third Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2009 Old City Hall Improvement Project Installation of Fire Sprinkler and Fire Alarm Systems, Farmington, Minnesota and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, June 26, 2009. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least the following minimum amounts: Any Auto $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office ofthe Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $40,745. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate oflnsurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as ofthe date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS BY: ITS CITY ADMINISTRATOR 10-6 FORM OF AGREEMENT THIS AGREEMENT, made and signed this _ day of April, 2009, by and between the City of Farmington hereinafter called the "Owner" and Helm Electric, Inc hereinafter called the "Contractor", THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 430 Third Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2009 Old City Hall Improvement Project Disconnection and Relocation of Electrical Outlets and Switches, Farmington, Minnesota and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, May 1,2009. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least the following minimum amounts: Any Auto $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $4,300. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate ofInsUfance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS BY: ITS CITY ADMINISTRATOR 10-7 FORM OF AGREEMENT THIS AGREEMENT, made and signed this _ day of April, 2009, by and between the City of Farmington hereinafter called the "Owner" and VTI Security hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 430 Third Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2009 Old City Hall Improvement Project Providing and Installing Building Access Security System, Farmington, Minnesota and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, July 24,2009. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least the following minimum amounts: Any Auto $1,500,000.00 Combined Single Limit (CSL) or Equivalent Comprehensive General Liability $1,500,000.00 CSL or equivalent ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $27,791.08. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate ofInsurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS BY: ITS CITY ADMINISTRATOR 10-8 lod 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 Administrato FROM: Robin Roland, Finance Director SUBJECT: Set Public Hearing Issuance of Bonds - St. Francis Health Services DATE: April 20, 2009 INTRODUCTION St. Francis Health Services of Morris, Inc., a non-profit corporation, have approached the City to request that the City act as issuer of revenue obligations under Minnesota State Statutes Chapter 469. These obligations (bonds) are known as "conduit" debt; the City acts as the conduit for the funding but has no obligation of repayment of any kind. DISCUSSION St. Francis Health Services owns the property at 3410 213th Street West in Farmington, known as the Trinity Care Center. The bonds to be issued would refinance existing debt which was used to construct and equip this property. The bonds to be issued would not exceed $3,750,000. As a non-profit corporation, they are able to use the City as a conduit to issue tax exempt debt. The tax-exempt nature of this funding makes it an appealing investment, thereby increasing the possibility of successful placement with private investors. If the City does not agree to act in this capacity, the bonds could not be issued. In order for the financing scenario to proceed, a public hearing must be held at the City Council meeting on May 18th. Mr. Steve Fenlon of Midwest Healthcare Capital (the fmancial entity handling the transaction for St. Francis) will be present at the hearing to answer any questions. BUDGET IMPACT None. St. Francis Health Services is responsible for all costs associated with the bond issuance and repayment. The City is not liable for any expense or debt service associated with -this transaction. 11-1 ACTION REQUESTED Adopt the attached resolution calling for a public hearing on and considering giving approval to the issuance of health care facilities revenue obligations under Minnesota Statutes Chapter 469. :4fullY 27 Robin Ro and Finance Director 11-2 RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROJECT BY ST. FRANCIS HEALTH SERVICES OF MORRIS, INC. UNDER MINNESOTA STATUTES, CHAPTER 469 BE IT RESOLVED, by the governing body (the "Council") of the City of Farmington, Dakota County, Minnesota (the "Issuer"), as follows: 1. Authority. Fryberger, Buchanan, Smith & Frederick, P.A. ("Bond Counsel") has informed the Council that Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act") authorizes the Issuer to issue revenue obligations to finance a project consisting of any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in providing health care services, including hospitals, nursing homes, and related medical facilities and pay, purchase or discharge all or any part of the outstanding indebtedness of an organization that is primarily engaged in health care related activities previously incurred in the acquisition or betterment of its existing facilities. 2. The Proiect. a. Representatives of St. Francis Health Services of Morris, Inc., a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Borrower"), have advised the Issuer that the Borrower desires to refinance taxable indebtedness incurred to construct and equip the following project: an approximately 21,178 square foot, 29-bed atrium addition to the existing skilled nursing facility known as Trinity Care Center located at 3410 - 213th Street West, Farmington, Minnesota (the "Project"). b. The Project is located within the jurisdiction ofthe Issuer. c. Bond Counsel has advised the Issuer that the proposed Project qualifies for financing under the Act. 3. The Obligations. Representatives of the Borrower have represented to the Issuer that the economic feasibility of the Project will be greatly enhanced through the issuance of revenue obligations by the Issuer and has requested that the Issuer issue its obligations, in an amount not to exceed $3,750,000, in one or more series, pursuant to the Act in order to finance the cost of the Project (the "Obligations"). 4. Issuance of Obligations. a. The Obligations, when, as and if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, and the Obligations, when, as and if issued, shall recite in substance that the Obligations, including interest thereon, are payable solely from the revenues received from the 11-3 Borrower and the property pledged to the payment thereof and shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. b. All details of and conditions precedent to the issuance of the Obligations and the provisions for payment thereof shall be subject to final approval of the Issuer. 5. Public Hearing. The Issuer will conduct a public hearing on the issuance of the Obligations and the proposal to undertake and finance the Project. 6. Authorization to Staff. a. The Administrator is authorized and directed to cause the notice substantially in the form attached hereto as Exhibit A to be published in the official newspaper of the Issuer and a newspaper of general circulation in the jurisdiction of the Issuer not less than 14 days nor more than 30 days prior to the date set for the public hearing; provided that if the official newspaper of the Issuer is a newspaper of general circulation in the jurisdiction of the Issuer, the notice may be published only once. b. The administrative staff of the Issuer and their agents are hereby authorized to take such further action necessary to carry out the intent and purpose of this resolution and the requirements of the Act. 7. Issuer Costs. Delivery of the Obligations to the purchaser thereof is subject to the agreement by the Borrower that it will pay the administrative fees of the Issuer and pay, or, upon demand, reimburse the Issuer for payment of, any and all costs incurred by the Issuer in connection with the Project and the issuance of the Obligations, whether or not the Project is carried to completion, or the Obligations are issued. 8. Rights Reserved. Nothing in this resolution shall be construed as an indication of an intent to approve this Project and issue the proposed Obligations. The Council specifically reserves the right to approve or disapprove the request after said public hearing. Adopted: April 20, 2009 Mayor Attest: Administrator M: IDOCSl150901000001 IROL \LN9387.DOC 2 11-4 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED PROJECT AND THE ISSUANCE OF PRIVATE ACTIVITY BONDS TO FINANCE HEALTH CARE FACILITIES CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Farmington, Minnesota (the "Issuer") will meet on Monday, May 18,2009, at 7:00 p.m., or as soon thereafter as reasonably possible in the City Hall, 430 Third Street in Farmington, Minnesota, for the purpose of conducting a public hearing on the proposal that the Issuer issue its health care facilities revenue obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.165, in order to undertake and finance the cost of a project. The proposed project will be owned by St. Francis Health Services of Morris, Inc., a Minnesota nonprofit corporation and organization described in Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended, and will consist of refinancing taxable indebtedness incurred to construct and equip the following project: an approximately 21,178 square foot, 29-bed atrium addition to the existing skilled nursing facility known as Trinity Care Center located at 3410 - 213th Street West, Farmington, Minnesota and pay costs associated with the financing. The estimated total amount of the proposed revenue obligations will not exceed $3,750,000. The obligations and the interest thereon shall be limited obligations of the Issuer and shall not be payable from nor charged upon any funds other than the revenue pledged to their payment, nor shall the Issuer be subject to any liability on them. No holder of the obligations shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the obligations or the interest thereon, nor to enforce payment of them against any property of the Issuer except those projects, or portions thereof, mortgaged or otherwise encumbered. A draft copy of the proposed Application to the Minnesota Department of Employment and Economic Development for approval of the project, together with all attachments and exhibits thereto, is available for public inspection at the office of the Administrator at 430 Third Street, Farmington, Minnesota, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except legal holidays. All persons interested may appear and be heard at the time and place set forth. above or may submit written comments to the Administrator in advance of the hearing. 11-5 EXTRACT OF MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the Council of the City of Farmington, Minnesota, was duly called and held at the City Hall located at 430 Third Street, Farmington, Minnesota, on Monday, April 20, 2009, at 7:00 p.m. The following members were present: and the following members were absent: MOTION: Member moved to adopt Resolution No. , entitled "Resolution Calling for a Public Hearing on a Project by St. Francis Health Services of Morris, Inc. under Minnesota Statutes, Chapter 469." SECOND: Member RESULT: On a roll call vote the motion was carried. Ayes: Nays: Not Voting: Absent: The Resolution was then signed by the Mayor, whose signature was attested by the Administrator. M: IDOCSl1 5090\000001IROL \LN9387.DOC 11-6 St. Francis Health Services of Morris, Inc. and Subsidiaries Financial Hiehliehts Auditor: Eide Bailly, ] Current Assets: Current Liabilities: Working Capital: Other Assets: Long Term Liabilities Equity: Revenues: Net Income: Interest Expense: Non-cash Expenses: Cash Flow: Unaudited 1/31/2009 $23,763,476 8.016.697 $15,746,779 68,384,221 51.231.358 $32.899.642 $45,363,793 $2,204,248 1,445,110 2.136.126 $5.785,484 Audited 6/30/2008 $23,717,425 9.108,452 $14,608,973 68,194,996 52.108.562 $30.695,407 $73,758,981 $2,130,717 2,201,170 3.585.207 $7.917.094 Audited 6/30/2007 $17,224,215 8.667.585 $8,556,630 58,934,032 38.925.972 $28.564.690 $70,313,596 $1,667,207 1,985,458 3.214.691 $6.867.356 Audited 6/30/2006 $14,013,009 7.319,404 $6,693,605 56,558,761 36.354.883 $26.897,483 $64,308,101 $2,065,072 1,694,873 2.833.259 $6.593.204 St. Francis Health Services of Morris, Inc. On!:anizational Profile: St. Francis Health Service of Morris, Inc. is a holding company, established in 1984, whose mission is to provide services to the elderly, handicapped and disabled. St. Francis is sponsored by the Catholic Diocese of St. Cloud and its members appoint the board of directors of SFHS. SFHS currently owns and manages assisted living projects in Morris, Duluth and Scanlon. SFHS has 70 group homes and 11 nursing homes throughout Minnesota; some of these homes were developed and others were purchased. The consolidated financial statements of SFHS include the accounts of SFHS and each of the following owned or controlled entities: LOD2- Term Care Facilities: 1) West Wind Village: (not-for-profit) is a 104-bed long-term care facility. This facility was constructed in 1963 and is located in Morris, Minnesota. 2) Browns Valley Health Center (not-for-profit) operates a 41-bed long-term care facility. This facility was acquired in 1990 and is located in Browns Valley, Minnesota. 4 11-7 3) The Guardian Angel (not-for-profit) operates a 120-bed long-term care facility. This facility was acquired in 1995 and is located in Hibbing, Minnesota. 4) Franciscan Health Center (not-for-profit) operates a 48-bed long-term care facility. The facility was acquired in 1995 and is located in Duluth, Minnesota. 5) Viewcrest Health Center (not-for-profit) operates a 109-bed long-term care facility. This facility was acquired in 1996 and is located in Duluth, Minnesota. 6) Heritage Manor (not-for-profit) operates a 102-bed long-term care facility. The facility was acquired in 1997 and is located in Chisholm, Minnesota. 7) Trinity Care Center (not for profit) operates a 65 bed long-term care facility. This campus was acquired by SFHS in 2003 and is located in Farmington, MN. 8) Zumbrota Care Center (not for profit) operates a 57 bed long-term care facility and a 23 unit assisted living facility. This campus was acquired by SFHS in 2003 and is located in Zumbrota, MN. 9) Ren-Villa (not for profit) operates a 58 bed long-term care facility, a 32 unit senior housing facility and a 14 unit assisted living facility. This campus was acquired by SFHS in 2005 and is located in Renville, MN. 10) Aitkin Care Center (not for profit) operates a 48 bed long term care facility. This campus was acquired by SFHS in 2006 and is located in Aitkin, MN. 11) Thief River Care Center (not for profit) operates an 85 bed long term care facility. This campus was acquired by SFHS in 2006 and is located in Thief River, MN. Home and Community Based Services: PCS (not for profit) established in 1987, operates group homes for the developmentally disabled and provides community based services in Alexandria, Barrett, Browerville, Fairfax, Fergus Falls, Hancock, Morris, Red Lake Falls, Redwood Falls, Renville, Spicer, Starbuck, Marshall, Mankato and Thief River Falls. Emplovees: SFHS employs approximately 1,900 employees, of which at least 600 are unionized in seven nursing homes. All labor contracts have been recently negotiated. Sources of Revenue: The sources of revenues for SFHS for the five-year period ending June 30, 2008 were as follows: Medicare Medicaid Other 2008: 20% 45% 35% 2007: 20% 44% 36% 2006: 18% 46% 36% 5 11-8 2005: 27% 52% 21% 2004: 26% 54% 20% Administrative and Mana2ement Staff Luverne Hoffman has been President and CEO of St. Francis Health Services since its creation in 1984, and was Administrator of the Villa ofSt. Francis from 1979 through 1984. He was previously the Assistant Administrator of St. Otto's Home, Little Falls, from 1973 through 1979. Luverne earned a degree in accounting from the Willmar Technical Institute in 1969; he completed the University of Minnesota's program in Nursing Home Administration in 1979 and has been licensed by the State of Minnesota continually since then. He has been active in and served in leadership positions with a variety of industry and professional organizations, including six years as a director of the Minnesota Association of Homes for the Ageing's House of Delegates. Carol Raw Has been the COO of St. Francis Health Services since 2004. Prior to her current position she was the CFO of SFHS (1996 to 2004) and staff accountant (1984 to 1996). Carol graduated from UMM in 1992 with a degree in Business Economics. Carol is a licensed nursing home administrator and is active on finance committees within the trade association. Robert Butterfield, holds a BS degree in Accounting from Minnesota State University, Mankato and is a CPA (inactive status). Prior to his current position as CFO, Mr. Butterfield, has 30 years of financial experience in the service industry. He was 1 of23 individuals in the United States to receive the Financial Executive of the Year Award in 2001. This award is sponsored by the Institute of Management Accountants. Board of Directors: The SFHS has a 13 member Board of Directors which is elected by the Bishop Vicar, two lay trustees and the Pastor of Assumption Church. 6 11-9 ICe. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Christy Fogarty and Terry Donnelly Councilmembers SUBJECT: Employment Agreement City Administrator DATE: April 20, 2009 INTRODUCTION / DISCUSSION Attached for your review is a draft of the Employment Agreement for the Farmington City Administrator. This is an addition to the three year contract originally agreed to in 2006. The adjustments that were made were as follows: 1. Salary Structure - please note the agreement. 2. Change in the accrual rate for personal leave days, changing from 16 hours per month to 24 hours per month. 3. The phone allowance from $25 to $45 per month. This agreement is very straight forward in its approach and the Administrator has agreed not to take any salary adjustments for 2009, which normally would take place on May 1, 2009. Adjustments will be for the following years of the agreement. Please note that the Administrator for the City of Farmington does not have a car allowance, any deferred comp and pays the same percentage of health insurance as other City employees. This agreement is recommended for approval by the City Council. ACTION REQUESTED Approve agreement. Respectfully submitted, Christy Fogarty Councilmember Terry Donnelly Councilmember Cmuller/Herlofsky/Council memos/Emp Agreemt 12-1 4/15/09 DRAFT page 1 City of Farmington City Administrator Emplovment AQreement WHEREAS, the City Council of City of Farmington has decided to continue to employ a City Administrator to provide professional management for the City of Farmington; and WHEREAS, it is the desire of the City of Farmington Council to: (1) Retain the services of an employee and to provide inducement for him/her to remain in such employment; (2) Make possible full work productivity by assuring employee's morale and peace of mind with respect to future security; (3) Provide adequate compensation; (4) Provide a mutually acceptable means for terminating employee's services at such time as he/she is unable to fully discharge his/her duties, or when the City may desire for some other lawful reason to terminate his/her employment, and; WHEREAS, Peter J. Herlofsky, Jr. has agreed to ~ continue in the position as City of Farmington Administrator; NOW, THEREFORE in consideration of mutual promises contained herein, the parties agree as follows: Duties The City agrees to employ Peter J. Herlofsky, Jr. as City Administrator of City of Farmington to perform the functions and duties specified, and to perform such other legally permissible and proper duties, as the City Council shall from time to time assign to him. Peter J. Herlofsky, Jr. agrees to perform such duties and functions. The functions and duties to be performed by the Administrator shall be defined by Minnesota Statute or as otherwise prescribed by the City Council. Employment The Administrator shall devote full time and attention to his duties as Administrator, and shall not be employed in any other business or calling of a permanent nature during the term of this employment. Termination and Severance Pay The Administrator may be terminated at any time for any reason the City deems appropriate, subject to the following provisions set forth in this agreement: A. In the event the Administrator is terminated by the City or the Administrator is asked either formally or informally to resign; then the Administrator, at his/her option, may be deemed to be "terminated; and if the Administrator is willing and able to perform the duties of the position, the City agrees to give the employee severance pay equal to six (6) months pay at the current annual rate. B. Severance pay shall not be due, if the Administrator is sanctioned by public censure for violation of the International City/County Management Association (ICMA) Code of Ethics. The Administrator shall be a member in good standing of ICMA during employment with the City of Farmington. C. In the event of death or of total incapacity of the Administrator to carry on his/her duties, this contract shall terminate. Incapacity is defined as the inability to perform duties as assigned for a period of four successive weeks beyond any accrued leave. Severance pay shall be applicable in the event of termination based on total incapacity. H:\Administrator\2009\Employment Agrement 2009 Draft 04 15 09.doc 12-2 4/15/09 DRAFT page 2 Compensation The City agrees to pay the Administrator for services rendered an annual base salary payable in installments at the same manner as other employees of the City are paid. In addition, the City agrees to adjust the base salary and other benefits of the Administrator in such amounts and to such an extent as the City Council may determine that is desirable to do so on the basis of an annual salary review of the Administrator made at the same time as similar consideration is given other employees generally. The City agrees as follows: A. As consideration for the services of the City Administrator, the City agrees to pay $1 gg,ggg aAFll;lal salary JGr SiH meFltAs frem tAB startiFlQ €late, $10fii,00g aAFll;lal salary fer tAe FlB}(t she meFltAs, $110,gOO aRFll;lal salary fer tRB ~e15eA€I year, $120, ggO aFlFll;lal ~alary fer tAB ti:;Jir€l year. for 2009. $120.000 (no chanae) for 2010. $125.000. effective January 1. 2010 for 2011. $130.000. effective January 1. 2011 for 2012. $135.000. effective January 1. 2012 a" Te eFlrell tAe AamiAistrater iFl tRB MiFlABssta j:}€lFlsieA sy~tBm (P~R!'.) imme€liately l;lj:}sFl15SmmeFl15SmBFlt sf emj:}leym€lRt; G,. B. Te QraAt, effB15tive eFl15SmmBFl15emBFlt ef Bm~leymeFlt, €lrB€lit fer ~O €Ia/s aFlFll;laIIBavB, '.VitA fl;lrtABr GrB€lit te eB a1515rl;lB€I at tAB rate sf 1 a ASl;lrs j:}er meRtR, startiAQ at tAB first €If BaGA year. Effective January 1. 2009. the accrual rate for Annual Leave will be 24 hours per month. Annual leave shall replace sick leave, vacation leave and personal days. The maximum total accumulation (cap) of annual leave at the end of any given year will be 48 90 days. g" C. Except as modified by this agreement, all benefits and policies of the City shall apply to the Administrator, as they are applicable to other non-unionized employees. General Expenses A. The City agrees to budget and to pay the reasonable travel and subsistence expenses of the Administrator for professional and official travel, meetings, and activities reasonably necessary to continue the professional development of the Administrator and to enable him to adequately pursue necessary official and other functions for the City, the AnnuallCMA (International City/County Management Association) Conference, and pursuant to Council authorization, such other governmental groups and committees thereof, which the Administrator serves as a member. B. The City agrees to budget and to pay the professional dues and subscriptions of the Administrator reasonably necessary for his/her continuation and full participation in national, regional, state, and local associations necessary and desirable for his/her continued professional participation, growth, and advancement, and for the good of the City. These include the International City/County Management Association (ICMA). C. The City recognizes that certain expenses of a non-personal and generally employment related nature are incurred by the Administrator, and agree to reimburse or pay all actual and necessary employment related expenses in the manner provided for City employees generally. Civic Club Membership Employer recognizes the desirability of representation in and before civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as approved by the Council at Employer's Expense. H:\Administrator\2009\Employment Agrement 2009 Draft 04 15 09.doc 12-3 4/15/09 DRA.FT page 3 Ms':ing Expenses TF-l9 Cit~' sF-lall pay s@st, R@t t@ 9)(S998 $10,000, 9f ~askiR~ BR8 FI'I@ViR~ tF-le R9blS9R@18 ~@@8S aR8 realt@rfees sf tR9 .^.8F1'1iRistrat@r. Evaluation The City shall review and evaluate the performance of the Administrator at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Administrator. The City shall provide the Administrator with a written summary of findings and provide an opportunity for the Administrator to discuss his/her evaluation with the City Council. Annually, the City and Administrator shall define the goals and objectives, which they determine are necessary for the proper operation of the City, and in the attainment of the City's policy goals, shall further, establish a priority among these goals, considering time and budgetary limitations. These goals and objectives shall be in writing. Hours of Work It is recognized that the Administrator must devote a great deal of his time outside normal office hours to the business of the City, and to that end the Administrator shall be allowed to adjust his work schedule accordingly. Other Terms and Conditions of Employment A. This agreement shall remain in full force and affect unless the City Administrator resigns or the City Council removes the City Administrator pursuant to Minnesota State Statutes. B. In the event the Administrator voluntarily resigns his/her position he/she shall give two months written notice, unless the parties agree otherwise. C. Reduction of the Administrator's salary, or other financial benefits, shall be deemed to be a termination under the terms of this contract. D. The City Council may fix any such other terms and conditions of employment, as it may determine from time-to-time, relating to the performance of the Administrator, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement. The Administrator is subject to all terms and conditions of employment established for employees generally except as otherwise provided in this agreement. ~ TRe A8F1'1iFlistrat@r sAall S@FI'IFI'IeFlGiS 'N@rl~ as S@@R as availaBle, FI@t t@ El)(Giee8 gO 8GlYS fr@FI'I tR8 8)(esblti@R @f tRis Gl~r88F1'18Rt. E. A $~ 45.00 a month cell phone allowance will be provided. COUNCIL APPROVAL DATE: Employer: City of Farmington Employee: Peter J. Herlofsky, Jr. BY: BY: Mayor Peter J. Herlofsky, Jr. H:\Administrator\2009\Employment Agrement 2009 Draft 04 15 09.doc 12-4 ICMA Code Of Ethics With Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the leMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments 12-5 concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles-working as both city attorney and city manager for the same community, for example-should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, 12-6 they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. Elections in the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the cofilpetence of associates in the use of ma~agement techniques. I I I Guidelines I Self-Assessment. Each member should a$sess his or her professional skills and abilities on al periodic basis. I Professional Development. Each memb~r should commit at least 40 hours per year to pr fessional development activities that are based on the practices identified by the members of leMA. I 9. Keep the community informed on local g~. ernment affairs; encourage communication be een the citizens and all local government officers; emphasize friendly and courteous servi~e to the public; and seek to improve the quality a~d image of public service. I I 10.Resist any encroachment on pr~fessional responsibilities, believing the member ~hould be free to carry out official policies I without interference, and handle each proble~ without discrimination on the basis of principle an1 justice. I Guideline I Information Sharing. The member ShO~Ud openly share information with the governing b dy while diligently carrying out the member's respons bilities as set forth in the charter or enabling legiSlationj 11. Handle all matters of personnel on th basis of merit so that fairness and impartiality govern a member's decisions, pertaining to app intments, pay adjustments, promotions, and discip ine. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift-whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form-under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member's personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members' observations, opl/110nS, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. 12-7 ) ;(CL City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Ice Arena Expansion Construction Study DATE: April 20, 2009 INTRODUCTION / DISCUSSION Attached for your review are project guidelines for a consultant to review options for an ice arena expansion construction study. Please consider the attachment a draft and we are looking for City approval for a Request for Proposal for a consultant to review the options noted. ACTION REQUESTED Authorize staff to contact architect and engineering firms for proposals. Re!~. ,Sllbm.!. itte.d' L "-)~ l'i:J;!u Peter J. HerlofsJ~Y, Jr. . ( City Administt?'itor ' Cmuller/Herlofsky/Council memos/Ice Arena Study 13-1 Ice Arena Expansion Construction Study Guidelines The Farmington Youth Hockey Association has approached the City of Farmington to consider the construction of a second indoor ice rink within the City. The two options proposed are: Option No.1 Add a second rink to the existing Schmitz-Maki Arena. The original arena includes a single regulation size (85' W x 200' L) ice rink, bleacher seating for 750 spectators plus standing room for an additional 150 spectators, and typical team rooms, offices, and support spaces. The new . facility construction will complement the appearance of the existing arena, and will utilize high quality, low maintenance equipment, materials and finishes to reduce future operating costs. The exterior envelope for this new building would most likely be insulated precast concrete wall panels, steel bar joists and metal roof decking with single-ply membrane roofing system. Although the program for the arena addition has not been fully developed, it is anticipated that the facility would include: . A single regulation size (85' W x 200' L) ice rink. . Bleacher seating for 200 spectators. . Team rooms and player restrooms. . An ice resurfacer storage room with melting pit for ice shavings. . A refrigeration equipment room. The equipment is likely to be sized to handle the refrigeration requirements of both the new and the existing ice rinks. The existing refrigeration equipment would be removed. . Connecting rink and expanded lobby between the new and existing arenas. . Public restrooms. . Other miscellaneous mechanical and support spaces. . Paved, lighted parking lot. The arena addition is proposed to be constructed on land owned by the City directly to the east of the existing arena. Although the property appears to be buildable, and appropriate utilities are available, several factors must be accounted for in the cost of developing on this site, including: . The Vermillion River runs through the wooded area along the north edge of the site. The river is a high quality trout stream, and storm water runoff from the arena site must be adequately stored and treated prior to discharge into the river. . The existing ground level of the site is below the Vermillion River's flood plain, and fill will have to be brought in to raise the addition higher than the existing building. That extra fill will have an impact on flood hydrology, and therefore additional land within the same floodplain located nearby will have to be obtained and soil removed from that property at a 4: 1 ratio for all material added to the building addition site. 13-2 . The quality of the soils on the site is unknown. Because this site is located next to the Vermillion River and is in the flood plain, the chances of having soils that are less than suitable are greater than the Option No.2 site. The soil quality and groundwater level can have a major impact on construction costs and on configuration ofthe addition. Since a geotechnical study utilizing soil borings and analysis by a qualified soils engineer has not been completed, sufficient contingency must be included to cover the risk. Option No.2 Construct a new two-sheet arena at the current High School site to the south of the existing arena, and convert the existing arena to non-ice uses. The new facility construction will complement the appearance of the existing arena, and will utilize high quality, low maintenance equipment, materials and finishes to reduce future operating costs. The exterior envelope for this new building would most likely be insulated precast concrete wall panels, steel bar joists and metal roof decking with single-ply membrane roofing system. Although the program for the arena addition has not been fully developed, it is anticipated that the facility would include: . Two regulation size (85' w x 200' L) ice rinks. . Bleacher seating for 800 spectators at the main ice sheet and 200 spectators at the secondary ice sheet. . Team rooms and player restrooms. . An ice resurfacer storage room with melting pit for ice shavings. . A refrigeration equipment room. . Public restrooms. . Other miscellaneous mechanical and electrical spaces. . Support spaces such as main lobby, concessions, skate sharpening and rental, offices and storage. . Parking lot design and construction will not be required for this option since this option has the new facility located on school property and the existing parking will be sufficient. The quality of the soils on the site is unknown. The soil quality and groundwater level can have a major impact on construction costs and on configuration of the new facility. Since a geotechnical study utilizing soil borings and analysis by a qualified soils engineer has not been completed, sufficient contingency must be included to cover the risk. 13-3 /~b City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor and councilmembeQ FROM: Peter J. Herlofsky, Jr. City Administrator SUBJECT: Approve Broadband Participation DATE: April 20, 2009 INTRODUCTION / DISCUSSION Attached is a letter from Craig Ebeling, Burnsville City Administrator. I have been involved with the Broadband Subcommittee for the last 4-5 months discussing the approach Dakota County Cities and the County would take regarding broadband in the community. It was felt an education effort would be a start and all the communities in Dakota County are encouraged to participate. The attached letter does highlight Farmington's participation, and I have received e- mails from Lakeville, Apple Valley and Eagan that they will all be participating with more to come. BUDGET IMPACT This $700 expense would be funded from the Communications Capital Project fund. ACTION REQUESTED Recommend approval of the participation as noted in Mr. Ebeling's letter. Cmuller/Herlofsky/Council memoslBroadband 14-1 ........ --- i... City of BURNSVILLE 952-895-4400 100 Civic Center Parkway · Burnsville, Minnesota 55337-3817 www.burnsville.org March 30, 2009 Dear City Administrator/Manager, As you may know th~ Dakota County Administrator/Manager's Group suggested the formation of a broadband technology group, made up of Dakota County communities. The Broadband group was charged with the following mission, goals and objectives and has been meeting since January of 2008: Mission: To position Dakota County as the place of choice for broadband technology. Goals: Provide. broadband technology that addresses the following needs and expectations- . Speed (symmetry in upload and download time) . Reasonable cost . Reliability (multiple paths) . Access (multiple providers) Objectives: Ifthe County can provide broadband technology to meet the identified goals, then the following objectives could be achieved: . Enhance economic development opportunities . Grow more home-based businesses . Maintain increases in residential home values The Broadband group presented a concept for moving this mission forward by creating a five minute, educational video for broadband technology to the Administrator / Manager group in October of 2008. The video concept and cost estimate was refined and presented with a recommendation on a consultant and a cost proposal again in March 2009. At the March 2009 meeting the Dakota County CDA offered to share half of the $30,000 cost estimate if the cities shared the remaining costs. In addition, the City of Northfield shared interest in participating. Below you will find the estimated cost share for each community utilizing the CDA's generous offer and apportioning the balance of the cost by population. The Dakota County Manager's group will be given the cnance to approve the content and message of the video prior to distribution. The video will most likely take a few months to create before distribution. We anticipate that this video would be used to educate leaders in the community (i.e. City council members, chambers, rotary members, business organizations, etc.) with a consistent voice based on three key messages: 1) We are behind and we need a plan 2) Broadband is critical infrastructure and, 3)More education is needed/ demand better service. 14-2 I .. . . Continued - Through participation in the Broadband group meetings as well as the presentations to the Administrator/Manager's group we have garnered support for moving this video concept forward. We would like to formalize commitment to this project and agreement for cost sharing. We hope for full Dakota County participation. Apple Valley Burnsville Eagan Farmington Hastings Inver Grove Heights lakeville Mendota Heights Northfield Rosemount South St. Paul West St. Paul Dakota County CDA 49-456 61,393 67,106 18,589 22,436 33,608 53,829 11,752 19,331 20,917 20,135 18,914 12.44% 15.45% 16.88% 4.68% 5.64% 8.46% 13.54% 2.96% 4.86% 5.26% 5.07% 4.76% $1,866.42 $2,316.92 $2,532.52 $701.53 $846.71 $1,268.33 $2,031.46 $443.51 $729.53 $789.39 $759.88 $713.80 $15,000.00 Total 397,466 100.00% $30,000.00 *populatlon based on Met Council's 2007 population estimates I am enclosing a copy of the brief Power Point presentation that was made to the Manager / Administrator group last week to better familiarize you with the general type of content that would be included in the video. Could you please consider this concept and advise me as to whether or not your community would find this to be a worthwhile investment? A simple note via the USPS or email (craig.ebeling@ci.burnsville.mn.us) would suffice. If you have any questions, please feel free to contact me or Bridget Dalrymple from our office (bridget.dalrymple@ci.burnsville.mn.us). Thank you for your consideration. We look forward to your response and look forward to working with you on this project. Sincerely, crn~~~ City Manager, Burnsville and Broadband Group leader Ene: Power Point Presentation on Potential Themes in Broadband Video 14-3 /30- 4/14/2009 2009 City Council Workshops 6:30 p.m. Workshop Date Topic January 12 Council Orientation February 9 Strategic Planning March 9 - 2009 Budget Options - 2009 Fee Schedule - Permits Subdivisions/Developments - Bonestroo Contract April 8 Transportation Workshop with County and School District April 13 Parks and Recreation Commission May 11 Design Standards with Planning Commission, Heritage Preservation Commission, Parks and Recreation Commission June 8 2010 Budget Strategy July 13 August 10 - 6:15 Park Tour September 14 October 12 November 9 December 14 CMuller/Council/Council Workshops 09 15-1 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. ,,:.~