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HomeMy WebLinkAbout05.05.03 Council Packet City ofFarrnington 325 Oak 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 May 5, 2003 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) Swearing-In New Employee - Police Department 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (4/21/03 Regular) b) Approve Joint Powers Agreement Dakota County Drug Task Force - Police c) School and Conference - Police d) School and Conference - Human Resources e) Appointment Recommendation Public Works - Human Resources f) Set Public Hearing Issuance of Bonds Trinity Nursing Facility, Trinity Terrace, and Vacant Trinity Hospital- Finance g) Set Public Hearing Liquor License - Administration h) Approve Tobacco License Transfer - Administration i) Schedule Assessment Hearing 19Sth Street Project - Engineering j) Approve Wetland Health Evaluation Program Joint Powers Agreement- Engineering k) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appoint Council Representatives to Recreational Task Force - Parks and Recreation b) Schedule Joint Farmington/Castle Rock Meeting - Ash Street Project- Engineering Action Taken Sworn-in Approved Approved Information Received Information Received Approved R28-03 June 2, 2003 May 19, 2003 Approved R29-03 Approved Approved Appointed Tentatively June 23, 2003 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak 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 May 5, 2003 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) Swearing-In New Employee - Police Department 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (4/21/03 Regular) b) Approve Joint Powers Agreement Dakota County Drug Task Force - Police c) School and Conference - Police d) School and Conference - Human Resources e) Appointment Recommendation Public Works - Human Resources f) Set Public Hearing Issuance of Bonds Trinity Nursing Facility, Trinity Terrace, and Vacant Trinity Hospital- Finance g) Set Public Hearing Liquor License - Administration h) Approve Tobacco License Transfer - Administration i) Schedule Assessment Hearing 19Sth Street Project - Engineering j) Approve Wetland Health Evaluation Program Joint Powers Agreement- Engineering k) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appoint Council Representatives to Recreational Task Force - Parks and Recreation b) Schedule Joint Farmington/Castle Rock Meeting - Ash Street Project- Engineering Action Taken Pages 725-730 Pages 731-742 Page 743 Page 745 Page 747 Pages 749-758 Pages 759-760 Page 761 Pages 763-764 Pages 765-767 Page 769 Page 770 Pages 772-773 11. UNFINISHED BUSINESS 11. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 7 Q..., COUNCIL MINUTES REGULAR April 21, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Fitch, Fogarty, Soderberg None Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant; Ken Kuchera, Fire Chief; Ken Lewis, Building Official; John Powers, Fire Marshal; Joe Fischbach, Human Resources/Payroll Specialist Robin Hanson, Randy Oswald, Jeff Krueger, Cheryl Retterath 4. APPROVE AGENDA Councilmember Soderberg pulled item 7i) for discussion. Councilmember Cordes pulled item 7a) to abstain and item 7h) for discussion. Councilmember Fitch pulled item 7c) for discussion. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce Promoted Employee - Human Resources Mr. Joe Fischbach was introduced as the new Human Resources/Payroll Specialist. b) Certificate of Appreciation - Jim Bell Mr. Jim Bell received a Certificate of Appreciation from the Dakota County Solid Waste Advisory Commission. c) Proclaim Heritage Preservation Week, May 5-12, 2003 MOTION by Cordes, second by Soderberg proclaiming May 5-12, 2003 as Heritage Preservation Week. APIF, MOTION CARRIED. Council Minutes (Regular) April 21, 2003 Page 2 d) Proclaim Arson Awareness Week, May 4-10, 2003 MOTION by Fogarty, second by Cordes proclaiming May 4-1O~ 2003 as Arson Awareness Week. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fitch, second by Soderberg to approve the Consent Agenda as follows: b) Approved Charleswood Development Park Name - Parks and Recreation d) Approved Capital Outlay - Parks and Recreation e) Received Information Capital Outlay - Parks and Recreation f) Authorized Capital Outlay - Police g) Adopted RESOLUTION R27-03 Calling for Bond Sale - Finance j) Approved Fire Department Medical Direction Agreement - Administration k) Approved Assignment of City's Right of First Refusal/McCarthy Property- Administration 1) Approved Bills APIF, MOTION CARRIED. a) MOTION by Fogarty~ second by Soderberg approving Council Minutes (4/7/03 Regular). Voting for: Ristow, Fitch, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. c) Approve Parks and Recreation Commission Request for Recreational Facilities Task Force - Parks and Recreation The Parks and Recreation Commission was requesting Council direction on forming a Recreational Facilities Task Force. The Task Force would analyze athletic fields and complexes, parks, trails, indoor/outdoor recreational facilities such as an outdoor pool, and a community center. The YMCA has also indicated an interest in coming to Farmington. Councilmember Fitch stated with where we are today, he does not want anyone going into this with a preconceived notion that because there is a task force, a lot of things are going to happen in a short period of time. He suggested the Council and Parks and Recreation Commission meet to discuss ideas before it goes too far. Councilmember Fogarty stated a recreational task force was identified as a goal at the retreat. It is difficult to tell where we are with parks and recreation as a whole until it is analyzed. This is a good way to do that. Councilmember Fitch stated it was number 8 or 9 on the priority list out of 14. Sometimes a Task Force gets ahead of the Council as far as what we are thinking. Councilmember Fogarty stated two Councilmembers would be included on the task force. So it would not be getting ahead ofthe Council. The Council would be included. Councilmember Fitch stated we went through this before and met with the Parks and Recreation Commission one or two days before the Council Meeting. This Council Minutes (Regular) April 21, 2003 Page 3 was done several years ago. We met with the Task Force once they had come up with recommendations. He thought it might be beneficial if the Council had input up front to give an idea of what Council is willing to do. Councilmember Fogarty stated that was six years ago and nothing has been done. Mayor Ristow asked what she meant by nothing had been done. Councilmember Fogarty stated she did not mean nothing had been done in parks, analyzing needs with the Task Force in an overview has not been done since then. Mayor Ristow stated there were things that needed to be upgraded, and Council met with the Parks and Recreation Commission and money was budgeted for upgrading park equipment. Councilmember Fogarty stated she is not discounting that. An overview of the entire parks and recreation facilities has not been done in six years and our needs have changed. Councilmember Cordes asked if we are looking at a Master Plan. Staff agreed. Councilmember Cordes then asked if a Master Plan would be done first to analyze the needs. She looks at this as a commission to go ahead and then there would be a referendum. She would like to see the needs laid out first and then put the task force together. Representatives from different community organizations would still be needed for the Master Plan. Staffwas trying to do this inexpensively. A Master Plan could cost $25-30,000 which would be very comprehensive. Councilmember Cordes noted a consultant would be used anyway, and it would be comprehensive for many years. She would like to identify what the committee will do. She stated the city needs to do a Master Plan of some sort to identify needs. Staff stated the last plan was done in 1997 or 1998. Mr. Jim Bell, 201 Maple Street, stated the idea of a Task Force was to get an idea from the public as to what they would like. This Task Force would give the Park and Recreation Commission and the Council an idea of what the residents want. The consultant could cost $25,000, but that would come later once you have the Task Force ideas and the Council meets with the Parks and Recreation Commission. Then it can be discussed whether to hire a consultant. Until that time you have to have public input. Mayor Ristow stated you would put a task force together and then hire a consultant? Mr. Bell replied he would put a task force together, and they would discuss what the needs of the community are. Then the consultant could help with design work, etc. There are a lot of good people in the city that could give good input. Ms. Robin Hanson, 18880 Elgin Avenue, stated she is representing the Farmington Youth Athletic Association. The FY AA feels this is a very important first step. They are committed to volunteering their time to make sure the needs of Farmington today and in the future are met. Mr. Randy Oswald, 19282 Evenston Drive, Chair of the Parks and Recreation Commission, stated the commission has done a lot, but the city is exploding. The commission needs guidance as things are growing so fast. The commission makes recommendations and Council makes the decision. Council Minutes (Regular) April 21, 2003 Page 4 Councilmember Soderberg stated they are looking at an inventory of what we have and a sense of what the community wants. Maybe task force is not the right choice of words. He does not think the purpose is to recommend a big project. Staff stated they are looking to assemble information as to where they are currently, where they need to be in the future, and what it will take to get there. The ultimate decision is up to Council. Councilmember Soderberg felt the request is not unreasonable and it would be a good idea. Mayor Ristow asked Parks and Recreation Director Distad ifhe was recommending this with the consultant at the present time or later on. Staff replied the consultant could take the time to analyze what we currently have in facilities not only in the city but also in the school district. The idea behind the consultant was that they would be hired to do the analysis up front with what we currently have and to look at what the trends are for facilities. School district members would also be included in the task force. MOTION by Fitch, second by Soderberg to approve the Parks and Recreation Commission request for a Recreational Facilities Task Force. APIF, MOTION CARRIED. h) Adopt Ordinance - Fire Code - Community Development i) Adopt Ordinance - Building Code - Community Development Councilmember Cordes stated a few years ago Council discussed 1306. She would like to set a workshop to discuss how they affect the current ordinance, and to obtain more information. Previously when 1306 was discussed she thought she had an understanding of it. There were some issues that came up and her understanding was not how the code read. Mayor Ristow stated he would also like more explanation. He does not want it to be a hardship on existing businesses. Councilmember Soderberg stated he wanted to make sure, as far as 1306, that it would be for new buildings. He would like to see new buildings sprinkled. Fire Marshal Powers stated the new fire and building codes were adopted by the state effective April 1. Without Council action, the city only has the current fire code to enforce. The building code automatically goes into effect April 1 without the fire code portion. Building Official Lewis stated he would like to see a workshop so everyone is informed correctly on 1306. He would like Council to adopt the building code now and set 1306 aside for a workshop. Attorney Jamnik recommended Council adopt the fire code. MOTION by Soderberg, second by Fogarty to adopt ORDINANCE 003-488 adopting the Minnesota State Fire code. APIF, MOTION CARRIED. Council Minutes (Regular) April 21, 2003 Page 5 Attorney J amnik recommended Council make a motion amending the ordinance by deleting a partial sentence in section 4-1-1, and deleting paragraph 4-1-2 noting this number is retained for future amendment purposes. MOTION by Soderberg, second by Fogarty adopting ORDINANCE 003-489 adopting the current Minnesota State Building Code with amendments as noted. APIF, MOTION CARRIED. Staffwill respond to Council regarding setting a workshop. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) March 2003 Financial Report - Finance Under revenues, licenses and permits are 41 % of annual budget with 25% of the year complete. Expenses are less than 20% of budget. b) Approve Youth Scholarship Program - Parks and Recreation The program would be set up to cover registration fees for park and recreation programs for those who cannot afford the fee. The goal would be to raise enough money in the fund so that future scholarships could be funded from the interest earned during the year. Staff did not plan on raising fees to support this program. This would be inclusive for those living within the school district rather than just the city. The applicants would have to prove they are on the hot lunch program. Recently, staffhas received more calls inquiring about a scholarship program than in the past. MOTION by Fogarty, second by Cordes approving the Youth Scholarship Program including the dedication of a Scholarship Fund. APIF, MOTION CARRIED. c) Charter Communications - Administration A letter was received from Charter stating they will be renaming their promotional value package for digital customers effective May 8, 2003. d) Set Council/Planning Commission/HRA Industrial Park Lot Workshop Date and Council/Planning Commission Spruce Street Extension Workshop Date- Community Development Staff requested setting a Council/Planning CommissionIHRA workshop to discuss the splitting up of the 9.3-acre lot located on the north side of208th Street. A workshop was scheduled for April 30, 2003 at 8:00, following the CounciVCity Hall Task Force workshop. Staff also requested setting a Council/Planning Commission workshop with the Spruce Street Task Force to discuss preliminary development concepts for the Council Minutes (Regular) April 21, 2003 Page 6 Spruce Street Corridor area. Staff requested May 7, however Councilmembers Cordes and Soderberg were not available on this date. Therefore, Council suggested May 6 or May 5 after the Council meeting. Staff will check on availability for these two dates. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Parks and Recreation Director Distad: Reminded Council Friday is Arbor Day. There will be a celebration at 10:00 a.m. at Evergreen Knoll Park. A tree will be planted courtesy of Dakota Electric. Mayor Ristow will be asking students questions regarding trees. Mayor Ristow: He attended the mural dedication on the elevator with the Lion's club. They had a good turnout, and thanked the Lion's Club for the mural. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:01 p.m. APIF, MOTION CARRIED. Respectfully submitted, (: . ~, ?-2--> h0' ~~_.~ P" "'~<:l2-<../ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 76 TO: Mayor, Councilmembers and City Administrator~ t FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Joint Powers Agreement Dakota County Drug Task Force DATE: May 5, 2003 INTRODUCTION For many years the City of Farmington has participated in a multi-jurisdictiomil drug task force for the purpose of conducting narcotics investigations. In 1998 all of the Police Departments in Dakota County joined together to form the Dakota County Drug Task Force. DISCUSSION As part of membership in the Dakota County Drug Task Force a Joint Powers Agreement (JP A) must be ratified annually by each local government. The JP A outlines the rights and responsibilities of each participal'lt. The City of Farmington participates by contributing approximately 350 hours to the TaSk Force per year. This is accomplished by two part-time narcotics investigators, re- assigned from the Patrol Division, as time permits. BUDGE'! Il\1P ACT There is no financial contribution by the City of Farmington associated with this agreement. The Dakota County Drug Task Force is funded by a combination of Grants and revenue generated by forfeited money and property. ACTION REQUESTED Adopt the proposed Joint Powers Agreement as presented. Respectfully submitted, Daniel M. Siebenaler Chief of Police DAKOTA COUNTY DRUG TASK .FORCE 2003 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes ~471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: I. Name. The parties hereby establish the Dakota County Drug Task Force. .2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of lnver Grove Heights City ofLakeville City of Mendota Heights City of Rose mount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. State and Local Assistance for Narcotics Control ProgrAffi. The City uf Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriffs pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2003 JOINT POWERS AGREEMENT sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. \ 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2003 JOINT POWERS AGREEMENT 6.8 The Board may rccommend changes in this Agrcement to its mcmbers. 6.9 The members may not incur obligations or enter into contracts that extend beyond thc term of this Agreement. 6.10 Thc Board will purchase liability insurance, which shall be payable from Task rorcc funds, and the Dakota County Drug Task Force may not take any actions under this Agrcement until such liability insurance is in effect. 6.11 Thc Board may receive real or personal property by grant, devise or bequest for thc use of the Task Force. 7. Finance. 7.1 . The members intend to fund the 2003 cost of operation of the Task Force totaling $1,336,362 as follows: (1) $258,397 from 2003 grant funds, and (2) $1,077,965 in matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Shcriffs contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretaryffreasurer or Agent-in-Charge, or the Chairman in the absence of the Secretary/Treasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretaryffreasurer. 7.4 The members shall contribute their grant funds and required matching' funds to operate the Task Force. The required matching funds will be used to pay the 2003 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.6 The Board may not incur debts. DAKOTA COUNTY DRUG TASK FORCE 3 2003 JOINT POWERS AGREEMENT 7.7 The Task Force's obligation to reimbursc mcmbers for any expense~ furnish cquipmcnt and the like is contingent upon the Task Force rcceiving at least $258,000 in grant funds in 2003. I f grant funds less than that amount arc rcceived, the Board may rcduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County One (1) Full Time Equivalent (FTE) One (1) FTE One (I) FTE One Seventeen-Hundredth (.17) FTE One Half(.50) FTE One (1) FTE One (1) FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half(.50) FTE One (1) FTE Five (5) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in hislher absence, by the Team Leader assigned by the Agent-in-Charge to act in hislher behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. DAKOTA COUNTY DRUG TASK FORCE 4 2003 JOINT POWERS AGREEMENT 8.6 Thc mcmbcrs shall maintain the officer positions hired to rcplace the ofticcr assigned to thc Task Force, or maintain the Full Time Equivalcnt staffing assigned to the Task Forcc as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, - case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in~ Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would normally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer ofa member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, ifany, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph DAKOTA COUNTY DRUG TASK FORCE 5 2003 JOINT POWERS AGREEMENT 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Chargc while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnity and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and . expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnity and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on January 1,2003. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notity all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31,2003, unless extended by further written agreement of the parties. 12.3 This Agreement may be terminated at any time by the written agreement ofa majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to ,be executed in accordance with the authority of Minnesota Statute ~471.59. DAKOTA COUNTY DRUG TASK FORCE 6 2003 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date DAKOTA COUNTY DRUG TASK FORCE CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature CITY OF BURNSVILLE By Date of Signature Attest Date of Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature CITY OF HASTINGS By Date of Signature Attest Date of Signature 7 2003 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date DAKOTA COUNTY DRUG TASK FORCE CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature CITY OF LAKEVILLE By Date of Signature Attest Date of Signature CITY OF MENDOT A HEIGHTS By Date of Signature Attest Date of Signature CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature CITY OF SA V AGE By Date of Signature Attest Date of Signature 8 2003 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by Dakota County Board Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 DAKOTA COUNTY DRUG TASK FORCE CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Date of Signature Approved as to Form (Asst County Atty): By Date of Signature Approved as to Execution (Asst County Atty): By Date of Signature 9 2003 JOINT POWERS AGREEMENT City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c TO: Mayor, Councilmembers and City Administrator~ ~ FROM: Daniel M. Siebenaler Chief of Police SUBJECT: School and Conference Police Administration DATE: May 5,2003 INTRODUCTION As part of its on-going transition planning the Police Department is providing training to administrative support staff in a variety of areas. One of those areas critical to any government office is a clear understanding of Data Practices Law. In the case of the police department, as Data Practices pertain specific to the function of law enforcement records. DISCUSSION A two-day Data Practices class, specific to Law Enforcement Administrative personnel is being offered in Northfield on May 22-23. This will be valuable training for staff. BUDGET IMPACT The cost ofthis program is accounted for in the 2003 budget. ACTION REQUESTED Information only. Respectfully submitted, Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7/ TO: Mayor, Councilmembers and City Administrator () FROM: Brenda Wendlandt, Human Resources Director SUBJECT: School and Conference - Human Resources DATE: May 5,2003 .. INTRODUCTION The 20th Annual Upper Midwest Employment Law Institute for Human Resource Professionals and Attorneys will be attended on Wednesday and Thursday, May 28 and 29, 2003. DISCUSSION The Employment Law Institute provides Human Resource professionals the opportunity to attend seminars on the latest developments in employment law. The conference is designed to increase the skills and knowledge of the participants by offering continuing education credits to maintain various professional certifications. It is also an opportunity for attendees to participate in peer discussions about the challenges public employers face when dealing with a wide range of complex employment law issues. . BUDGET IMPACT The cost of attendance is provided for in the 2003 budget. ACTION REOUESTED For information only. Respectfully submitted, '.,' .~ ..!. t' /) /..., ... . i;- - '\ <1'; i. /." i/.,. /-::tY:. t/, tC /t{! . ~(.J:... / i.(~' v'"-.' (..;.,Y,.. IV' I Brenda Wendlandt, SPHR Human Resources Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e TO: Mayor, Councilmembers and City Administrator f~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: . Appointment Recommendation - Public Works Department DATE: May 5,2003 INTRODUCTION The recruitment and seiection process for the appointment of a full-time Maintenance Worker to fill a vacant position in the Public Works Department has been completed. DISCUSSION The City recruited for this position internally. After a thorough review by the Public Works Department and the Human Resources Office, an offer of employment has been made to Mr. Matthew Waltman subject to ratification by the City Council. Mr. Waltman has been employed as a Solid Waste Operator with the City in the Parks and Recreation Department. Through previous employment, he has experience operating a grader, backhoe and skid loader; and has experience in water testing. He has been an excellent employee for the City and meets the minimum qualifications for the position. BUDGET IMP ACT Funding for this position is authorized in the 2003 budget. RECOMMENDATION Approve the appointment of Mr. Matthew Waltman as Maintenance Worker in the Departmentof Public Works, effective on or about May 19,2003. RespectfujY submitted,.. . .. . IJuIUl~~dJd4e4~ ! Brenda Wendlandt, SPHR Human Resources Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )-F Mayor, Council Members, City Administrator e;\ TO: FROM: Robin Roland, Finance Director SUBJECT: Set Public Hearing Issuance of Bonds - Trinity Nursing Facility, Trinity Terrace and (vacant) Trinity hospital DATE: May 5, 2003 INTRODUCTION St. Francis Health Services of Morris, Inc., a non-profit corporation, has approached the City to request that the City act as issuer of revenue obligations under Minnesota State Statutes Section 469.152 and Chapter 462C. These obligations (bonds) are called "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 is purchasing the site of the closed Trinity hospital, the Trinity skilled nursing facility and the 55 unit Trinity Terrace independent living facility from US Bank. They are proposing to issue a maximum of $6,500,000 in bonds to fund this purchase. As a non profit corporation, they can issue tax-exempt debt by using a City as the conduit. The tax-exempt nature of the 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. Staff has met with Steve Fenlon, a representative of Midwest Healthcare Capital, the financial entity handling the transaction for St. Francis. Mr. Fenlon has provided information on St. Francis, their history and related holdings. In order for the financing scenario to proceed, two public hearings must be held at the City Council meeting on June 2nd. Two hearings are required due to the fact there would be two separate bond issues (under two separate statutes). Mr. Fenlon would be present at those hearings 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. ACTION REQUIRED Adopt the resolution attached calling for public hearings on and considering giving approval to (I) the issuance of health care facilities revenue 0 bligations under Minnesota Statutes Chapter 469 and (II) the issuance of housing revenue obligations under Minnesota Statutes Chapter 462C. $RJd. Robin Roland Finance Director II CONDUIT FINANCING IN MINNESOTA Minnesota Statutes, Sections 469.152 through 469.165, Municipal Industrial Development (the "Act") authorizes cities (and also housing and redevelopment authorities, port authorities, economic development authorities, area or municipal redevelopment agencies and in certain circumstances towns and counties) to issue bonds (an "Issuer") to finance projects described in the Act. Generally speaking, the requirements of Minnesota Statutes, Chapter 475 relating to municipal bonds do not apply to bonds issued under the Act. An election is not required. "Project" is genemlly defmed as any real or personal property used or useful in connection with a revenue producing enterprise. Specific authorizations include tourism projects; health care projects including hospitals, nursing homes and related medical facilities; manufacturing projects; and jails. Residential projects are specifically excluded. The basic structure of transactions under the Act is as follows: a privately placed note or publicly sold bonds ("obligations") are issued by the Issuer. The Issuer loans the proceeds from the sale of the obligations to a private or nonprofit party (the "borrower"). This loan is made pursuant to a loan agreement which requires the borrower to comply with certain requirements (including maintaining insurance) of state law and the Internal Revenue Code (the "Code"). The loan agreement further requires the borrower to generate revenues sufficient to pay amounts owed by the Issuer on the obligations. Payments under the loan agreement are equal to the payments due on the obligations. Because the obligations are a promise to pay between the private placement lender or bond trustee and the Issuer, and because the loan agreement is between the Issuer and the borrower, another agreement called a pledge agreement or trust indenture is used pursuant to which the Issuer pledges its receipts under the loan agreement for payment on the obligations. (Usually the loan agreement provides that the payments are made by the borrower directly to the lender or bond trustee.) In addition, the borrower usually executes a mortgage and/or security agreement in favor of the lender or bond trustee. Occasionally other types of collateral are also required such as guaranties, letters of credit, etc. In all cases the security interest in these items of collateral runs in favor of the lender or bond trustee. In no event is the Issuer responsible to pay obligations issued under the Act. The borrower is fully responsible for all payments and further agrees in the transaction documents to fully indemnify the Issuer from any losses it may incur as a result of issuing the obligations. The Act contains certain procedural requirements in order for the obligations to be validly issued. These include holding a public hearing and submitting a request to the Minnesota Department of Trade and Economic Development for project approval. In order for obligations issued under the Act to be tax exempt, there must be compliance with certain requirements of the Code. One of these is public approval, which means that the issuance of the FRYBERGER, BUCHANAN, SMITH & FREDERICK, P.A.. 302 WEST SUPERIOR STREET, SUITE 700, DULUTH, MN 55802 (218) 722-0861 obligations must be approved after a public hearing. Usually a state law public hearing and the federal law public hearing are held simultaneously. Other Code requirements include: (1) a limitation of the costs of issuance of the obligations which can actually be paid from the proceeds ofthe obligations (this limit is 2%); (2) the proceeds of the obligations must be used in the trade or business of a nonprofit corporation which is the borrower; and (3) federal tax form 8038 must be filed with the Internal Revenue Service upon issuance of the obligations. There are a variety of other technical requirements under the Code which I shall not go into at this time. The Act specifically provides that obligations issued under the Act are not payable from or charged upon any funds other than the revenue pledged to their payment, and the Issuer is not subject to any liability on them. No holder of the obligations has the right to require any exercise of the taxing power of the Issuer to pay the obligations or the interest thereon, or enforce payment of the obligations against any property of the Issuer, except those projects or portions thereof mortgaged or otherwise encumbered under the provisions and for the purposes of the Act. As you can see, the only recourse the lender or bond trustee has in the event of a default is to the project revenues and the real estate and/or equipment pledged as collateral for the loan. I hope this information has been responsive to your needs and helps your governing body gain a greater understanding ofthe structure ofthis project. Please feel free to call Mary Frances Skala with your questions at (218) 725-6807 or e-mail her at m!.\'kala(a)fiTherf!er,col11. I:\APPSlEDSII15 O9O\(}()(){J(}OIHANDOUT. WPD FRYBERGER, BUCHANAN, SMITH & FRED ERICK, P.A., 302 WEST SUPERIOR STREET, SUITE 700, DULUTH, MN 55802 (218) 722-0861 Council Member adoption: introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CALLING FOR PUBLIC HEARINGS ON AND CONSIDERING GIVING APPROVAL TO (I) THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE OBLIGATIONS FOR A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 469 AND (II) A MULTIFAMILY HOUSING DEVELOPMENT PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C, BOTH BY ST. FRANCIS HEALTH SERVICES OF MORRIS, INC. BE IT RESOLVED, by the City Council of the City of Farmington, Dakota County, Minnesota (the "Issuer"), as follows: 1. Authoritv. a. Minnesota Statutes Sections 469.152 through 469.165, as amended (the "lOB Act"), authorize a city 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 and to refinance bonds previously issued under the lOB Act. b. Minnesota Statutes, Chapter 462C, as amended (the "Housing Act"), authorizes a city to finance housing programs or developments upon approval of a housing program as provided in Minnesota Statutes, Section 462C.04, subdivision 2 and issue and sell revenue bonds 0 r 0 bligations which shall be payable exclusively from the revenues ofthe housing programs or developments. 2. The Proiect. a. Representatives of the St. Francis Health Services of Morris, I nc., a Minnesota nonprofit corporation (the "Corporation"), have advised the Issuer that the Corporation desires to finance a project under the lOB Act consisting of financing the acquisition of the existing 65-bed Trinity Nursing Home facility and the vacant 48-bed Trinity Hospital facility both located at 3410 213th Street West, Farmington, Minnesota and paying costs associated with the financing (the "Health Care Project"). b. Such representatives further advise the Issuer that the Corporation also desires to finance a project under the Housing Act described as financing the acquisition of the existing 55-unit Trinity Terrace independent living facility located at 3330 213th Street West, Farmington, Minnesota for low and moderate income elderly persons (the "Housing Project"). (Collectively, the Health Care Project and the Housing Project are referred to herein as the "Project.") 3. The Obligations. a. The Corporation represents that the economic feasibility of the Project will be greatly enhanced through the issuance of revenue obligations by the Issuer and therefore requests that the Issuer declare its present intent to issue its revenue obligations to provide funds to finance a portion of the Project. b. The Corporation has requested that the Issuer issue its obligations, 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. It is hereby declared to be the intention of the Issuer to issue the Obligations in the principal amount not to exceed $6,500,000 for the purpose of financing the costs ofthe Project. b. Preliminary approval is hereby given to the Obligations to be issued for the Project, subject to satisfying the procedural requirements of the lOB Act and the Housing Act and subject to approval of the Health Care Project by the Department of Trade and Economic Development. c. The Obligations 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 Corporation 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. d. All details of and conditions precedent to the issuance of the Obligations and the provisions for payment thereof shall be subject to final approval ofthe Issuer. 5. Public Hearings. a. The Issuer will conduct a public hearing on the proposal to undertake and finance the Health Care Project, pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). b. The Issuer will conduct a public hearing on the issuance of revenue obligations and the housing program relating to the Housing Project (the "Program"), pursuant to the requirements of Section 462C.04, subdivision 2 of the Housing Act and Section 147(f) of the Code. c. The City Administrator is authorized and directed to complete the public notices, substantially in the forms attached hereto as Exhibit A and Exhibit B, and cause the notices to be published in the official newspaper of the Issuer and a newspaper 2 of general circulation in the Issuer not less than 15 days nor more than 30 days prior to the date set for the public hearings; provided that if the official newspaper of the Issuer is a newspaper of general circulation in the Issuer, the notices may be published only once. 6. Housing Program. The Corporation or the designee thereof is authorized and directed to prepare the Program and transmit it to the regional development commission for the area in which the Issuer is located, if any, in accordance with the requirements of the Housing Act on behalf ofthe Issuer. 7. Issuer Costs. Approval of this resolution is subject to the following: a. The agreement by the Corporation 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 b y the Issuer in connection with the Project and the issuance of revenue bonds, whether or not the Project is carried to completion, or the revenue bonds are issued. b. In the event the Issuer or other subordinate entities of the Issuer issues any obligations (other than "qualified 501(c)(3) bonds" as defined in Section 145 of the Code) in 2002, the interest 0 n which is not includable in gross income for federal income tax purposes under Section 103(a) of the Code after the date of issuance of any of the Obligations ("Tax-exempt Bonds") and such Tax-exempt Bonds are generally eligible for designation as "qualified tax-exempt obligations" (within the meaning of Section 265(b) of the Code) but cannot be designated as "qualified tax-exempt obligations" because the $10,000,000 limitation of Section 265(b)(3) of the Code will be exceeded and such $10,000,000 limitation would not have been exceeded by the issuance of such Tax-exempt Bonds if the Obligations had not been issued, then the Corporation shall compensate the Issuer for the costs incurred by the Issuer due to the unavailability of such designation for the Tax-exempt Bonds as a result of the issuance of the Obligations. The Corporation shall pay to the Issuer the present value of the amount by which the interest to be payable on the Tax-exempt Bonds for the term of the Tax-exempt Bonds (under t he assumption that there will b e no 0 ptional redemptions 0 f t he Tax-exempt Bonds) exceeds the interest that would have been payable on the Tax-exempt Bonds for the term of the Tax-exempt Bonds (under the assumption that there would have been no optional redemptions of the Tax-exempt Bonds) if such Tax-exempt Bonds could have been designated as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code. 3 Adopted: May 5, 2003 Mayor ATTEST: City Administrator The motion of the adoption of the foregoing Resolution was duly seconded by Council Member and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Administrator. I: IAPPSlEDSl\l50901000000IPUBLlCHEARING-RD. WPD 4 EXHffiIT 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 Farmington, Minnesota (the "Issuer") will meet on Monday, June 2,2003, at 7:00 p.m.,or as soon thereafter as reasonably possible, in the City Hall, 325 Oak Street in Farmington, Minnesota, for the purpose of conducting a public hearing to consider giving approval to the issuance by the Issuer of health care facilities revenue obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.165, in the maximum amount of $2,650,000, on behalf of the owner, the St. Francis Health Services of Morris, Inc., a Minnesota nonprofit corporation in order to finance the cost of a project consisting of the acquisition of the existing 65-bed Trinity Nursing Home facility and the vacant 48-bed Trinity Hospital facility both located at 3410 213th Street West, Farmington, Minnesota and paying costs associated with the financing. The obligations and interest thereon shall not be payable from nor charged against any funds of the Issuer other than revenue pledged for the payment thereof, nor shall the Issuer be subject to any liability thereon. No holders 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 against any property of the Issuer. Such obligations shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, nor shall the same constitute a debt of the Issuer within the meaning of any constitutional or statutory limitations. A draft copy of the proposed Application to the Minnesota Department of Trade 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 City Administrator at City Hall, 325 Oak Street in 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 City Administrator in advance of the hearing. Dated: May 5,2003 CITY OF FARMINGTON, MINNESOTA By Isl Edward Shukle, Jr., City Administrator 5 EXHffiIT B NOTICE OF PUBLIC HEARING ON A PROGRAM FOR A MULTIF AMIL Y HOUSING DEVELOPMENT AND THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS THEREFOR CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of Farmington, Minnesota (the "Issuer") will meet on Monday, June 2, 2003, at 7:00 p.m., or as soon thereafter as reasonably possible, in the City Hall in Farmington, Minnesota. The purpose of the public hearing is to consider a program for am ultifamily housing development (the "Program") to be undertaken by the S t. Francis Health Services of Morris, Inc., a Minnesota nonprofit corporation (the "Corporation"), and the proposal that the Issuer issue its multifamily housing revenue obligations, in one or more series, under Minnesota Statutes, Chapter 462C and Section 145 of the Internal Revenue Code of 1986, as amended, to finance the Program. The Program will consist of acquisition of the existing 55-unit Trinity Terrace independent living facility located at 3330 213th Street West, Farmington, Minnesota. The estimated total amount of the proposed revenue obligations will not exceed $3,850,000. The obligations and interest thereon will not be payable from nor charged against any funds of the Issuer other than revenue pledged for the payment thereof, nor will the Issuer be subject to any liability thereon. No holders of the obligations will 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 against any property of the Issuer. Such obligations will not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, nor will the same constitute a debt of the Issuer within the meaning of any constitutional or statutory limitations. A draft copy of the Program is on file and available for public inspection at the office of the City Administrator at City Hall, 325 Oak 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 City Administrator in advance of the hearing. Dated: May 5,2003. CITY OF FARMINGTON, MINNESOTA By Isl Edward Shukle, Jr., City Administrator 6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~ TO: M C '1 b C' Adm" (, ~ . ayor, OunCI mem ers, lty lnIstrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Set Public Hearing - Liquor License DATE: May 5, 2003 INTRODUCTION A public hearing is required for establishing a liquor license. DISCUSSION Mr. Carlos Alberto Carrillo has requested an On-Sale and Sunday Liquor License for Choice One Minnesota, Inc., dba La Margarita Restaurant, located at 953 8th Street. City ordinance states the request must be reviewed at a Public Hearing. ACTION REOUIRED Set a public hearing for 7:00 p.m., May 19,2002, to review the On-Sale Liquor license . application for Choice One Minnesota, Inc. Respectfully submitted, ~d.~~ Lisa Shadick Administrative Services Director PUBLIC HEARING NOTICE CITY OF FARMINGTON PURPOSE: Review application from The La Margarita Restaurant, 953 8th Street for an On-Sale Liquor License for the remainder of 2003. WHEN: Monday, May 19, 2003 at 7:00 p.m.; or as soon thereafter as the parties may be heard. All persons desiring to be heard, in person or in writing, will be heard at this time. WHERE: City Council Meeting, City Hall Council Chambers, 325 Oak Street, Farmington, Minnesota. QUESTIONS: Call Lisa Shadick, Administrative Services Director (651) 463- 1802. DATED: This 28th day of April, 2003. /S/: Edward J. Shukle,Jr City Administrator 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator (\ FROM: Lisa Shadick Administrative Services Director SUBJECT: Approve Tobacco License Transfer DATE: May 5,2003 INTRODUCTION CHAMNIC Enterprises, LLC, dba Oasis Market, is requesting a tobacco license be transferred to them from Twin Cities A vanti Stores, LLC. DISCUSSION The Oasis Market store is located at 18266 Pilot Knob Road. The tobacco license that is currently under Twin Cities A vanti Stores, LLC, dba Budget Mart, needs to be transferred to CHAMNIC Enterprises, LLC. The appropriate forms, fees and insurance information have been submitted with the applications. BUDGET IMPACT The fees collected are in accordance with the fee schedule. ACTION REQUESTED Approve the tobacco license transfer from Twin Cities Avanti Stores, LLC to CHAMNIC Enterprises, LLC. Respectfully submitted, ~.#Ld.~~ Lisa Shadick Administrative Services Director 71 ' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: {,. Mayor, Councilmembers, City Administrator · FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Schedule Assessment Hearing - 195th Street East Extension Project DATE: May 5, 2003 INTRODUCTIONIDISCUSSION The 195th Street East Extension Project is completed. The final project costs have been allocated using the methodology presented at the project hearing. For this project, there is only one property along the south side of the project that needs to be assessed. The Council would consider adoption of the [mal assessment for this property at the June 16th, 2003 assessment hearing. BUDGET IMPACT None at this time. ACTION REOUESTED Adopt the attached resolution directing staff to prepare the final assessment roll and setting the 19Sth Street East project assessment hearing for June 16th, 2003. Respectfully Submitted, ~ J11 yn~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 CALLING FOR PUBLIC HEARING - PROJECT NO. 01-07- 19Sth STREET EAST EXTENSION 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 of the 5th day of May, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Proi. No. 01-07 Description I95th Street Extension Location from Akin Road 2500- feet easterly to the east property line of the Autumn Glen 3rd Addition ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 16th day of June, 2003 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of May, 2003. Mayor Attested to this _ day of , 2003. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us 7. o TO: Mayor, Councilmembers, City Administrator {. \. Lee M. Mann, P.E., Director of Public Works/City Engineer ~ FROM: SUBJECT: Wetland Health Evaluation Program Joint Powers Agreement (WHEPJPA) DATE: May 5, 2003 INTRODUCTION Attached is a proposed joint powers agreement between the City of Farmington, neighboring communities and Dakota County for funding of the Wetland Health Evaluation Program (WHEP). DISCUSSION WHEP is managed by the Dakota County Environmental Health Education Program (DCEEP). The City of Farmington has participated in the WHEP since 1998. The purpose of WHEP is to monitor wetland health and determine the affect that development and other environmental impacts has on those wetlands. BUDGET IMPACT The cost for participation in the 2003 WHEP is $3,850.00. Funds are available in the Storm Water Utility fund for this program. ACTION REOUESTED Authorize execution of the attached agreement to fund the Wetland Health Evaluation Program for 2003. Respectfully submitted, Tim Gross, P .E., Assistant City Engineer JOINT POWERS AGREEMENT BETWEEN THE CITY OF FARMINGTON AND DAKOTA COUNTY FOR WETLAND HEALTH EVALUATION PROGRAM THE PARTIES TO THIS AGREEMENT are the County of Dakota (the County) and the City of Farmington (the City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. S 471.59. NOW THEREFORE, the parties, in joint and mutual exercise of their powers, agree as follows: 1. Purpose. The purpose of this joint powers agreement is to allow the City to fund the Dakota County Wetland Health Evaluation Program (WHEP) in the City, which will be coordinated and managed by the Dakota County Environmental Education Program (DCEEP). 2. Term. The term of this Agreement shall commence on June 1,2003, and shall continue in full force and effect until terminated by the parties pursuant to paragraph 10 of this agreement. 3. Exercise of Powers. The parties to this Agreement agree that the County, through its Community Services Division, shall administer the funds collected hereunder, and shall payout these funds to DCEEP for administering WHEP in the City. 4. Powers and Duties of the County. 4.1 The County shall administer the WHEP funds on behalf of the City. 4.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 4.3 The County may apply for and accept gifts, grants, or loans and money, other property or assistance from the United States Government, the State of Minnesota, or any person, association, or agency to carry out the WHEP in Dakota County. 4.4 The County may use funds to hire and retain a monitoring coordinator, personnel consulting firm and such other personnel as may be needed to provide the services contemplated under this Agreement. 5. Funding. The City shall contribute funds under this Agreement as follows for the year 2003: $3,850.00. Payment of contribution is due and payable by the City upon execution of this Agreement. 6. Books and records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. Ch. 13, the Government Data Practices Act. The County's books, reports, and records concerning this Agreement shall be open to inspection by the parties at all reasonable times. 7. Disposition of Property and Funds. At such time as this Agreement is terminated, any property interest remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance .with the terms and conditions of this Agreement. It is understood and agreed, however, that any equipment purchased with funds collected under this Agreement shall remain the property of the DCEEP and not subject to the provisions of this paragraph. 8. Indemnification. Each party to this Agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless ariy other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. 9. Withdrawal. Any party may withdraw from this Agreement at any time upon 180 days written notice to the other parties. However no refund to withdrawing parties and no share of disposition of property and funds shall be made, unless and until the Joint Powers Agreement is terminated pursuant to paragraph 10 below. 10. Termination. This Agreement shall terminate May 31, 2004, unless extended by further written agreement of the parties. 11. Amendments. This Agreement may be amended at any time by agreement by the parties, and shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Approved as to form: ~~ Lfl4'~ Karen A. Schaffe / ate COUNTY OF DAKOTA By David A. Rooney Community Services Director Date of Signature Approved by Dakota County Board Resolution No. 02-365. CITY .OF FARMINGTON By (please print name/title) Date of Signature K1K03-66 wetland healthjpa 2 IO~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City AdministratOl~: (, FROM: Randy Distad, Parks and Recreation Director SUBJECT: Appoint Council Representatives to the Recreational Facility TaskForce DATE: May 5, 2003 INTRODUCTION The City Council at its April 21, 2003 meeting approved the Park and Recreation Advisory Commission's (PRAC) request to assemble a Recreational Facilities Task Force, The City Council was identified as having representation on the Recreational Facilities Task Force. DISCUSSION The PRAC at its April 2003 meeting identified organizations that should be represented on the Recreational Facilities Task Force. The PRAC felt that there should be representation from the City Council on the Recreational Facilities Task Force. It is anticipated that the Recreational Facilities Task Force would meet over the next 6-8 months to examine the community's current inventory of recreational facilities, identify short-term and long-term recreational facility needs and develop recommendations on ways to address the short-term and long-term recreational facility needs. ACTION REQUESTED Appoint two members of the City Council to the Recreational Facilities Task Force. /'/{:'. ctfullYl1rIjJmitted, / I ~ - , twt. I Randy Distad, Parks and Recreation Director lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farrnington.mn.us TO: M C '1 b C' Ad . . ~. ~. ayor, ounCl mem ers, Ity mlmstrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Schedule Joint Farmington/Castle Rock Meeting - Ash Street Project DATE: May 5, 2003 INTRODUCTION It is proposed that the City Council of Farmington and the Town Board of Castle Rock Township schedule a joint meeting to accept the Ash Street Project Report and consider scheduling a public hearing for the project. DISCUSSION This meeting needs to occur in order to determine the future of the project. Dakota County has started the process for their 2004-2008 CIP. The City and the Township need to indicate to the County whether or not the Ash Street Project should be included in the County's 2004-2008 CIP by the beginning of August. Acceptance of the report for the Ash Street Project at the meeting would officially identify the improvements proposed for the project with the associated estimated costs. If the project is to go forward, a public hearing date would need to be set. The project cannot go forward until it is ordered at a public hearing by both jurisdictions. At the time of the public hearing, all the proposed financial implications and allocations would be presented for final consideration before the project is ordered. BUDGET IMPACT None at this time. ACTION REOUESTED Consider scheduling a joint meeting with Castle Rock Township for June 9th or June 23rd, 2003, for the purposes of accepting the feasibility report for the Ash Street Project. Ash Street Project May 5, 2003 Page 2 Respectfully Submitted, ~M~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file