Loading...
HomeMy WebLinkAbout04.16.07 Council Packet 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 PRE-CITY COUNCIL MEETING April 16, 2007 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA ;;J. STAFF COMMENTS a) Planning Commission Vacancy - Administration 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Fannington 325 Oak Street Fannington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING APRIL 16, 2007 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) Proclaim Earth Day - Public Works b) Proclaim Arbor Day - Parks and Recreation c) Proclaim National Day of Prayer 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (4/2/07 Regular) (4/9/07 Special) b) First Quarter Building Permit Report - Building Inspections c) School and Conference - Police Department d) School and Conference - Fire Department e) Approve HV AC Service Agreement - Parks and Recreation f) Dakota County Fair - Administration g) Approve Mowing Agreement with Toro Company - Parks and Recreation h) Appointment Recommendation Police Administration - Human Resources i) Appointment Recommendation Fire Department - Human Resources j) Appointment Recommendation Fire Department - Human Resources k) Appointment Recommendation Fire Department - Human Resources I) Appointment Recommendation Fire Department - Human Resources m) Approve Image Trend Contract - Human Resources n) March 2007 Financial Report - Finance 0) Approve Bills PUBLIC HEARINGS a) Approve Issuance of General Obligation Capital Improvement Bonds - Finance Action Taken Proclaimed Proclaimed Proclaimed Approved Information Received Information Received Approved Approved Information Received Approved Approved Approved Approved Approved Approved Approved Information Received Approved R36-07 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Authorize Advertisement for Bids for City Hall and First Street Garage - Administration b) Flagstaff Interceptor Sewer Update - Engineering (verbal) 11. UNFINISHED BUSINESS 12. NEWBUSINESS a) Ice Arena Discussion - Administration 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Labor Relations Strategy 15. ADJOURN R37-07 Information Received Information Received City of Fannington 325 Oak Street Fannington, 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 16, 2007 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) Proclaim Earth Day - Public Works b) Proclaim Arbor Day - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (4/2/07 Regular) (4/9/07 Special) b) First Quarter Building Permit Report - Building Inspections c) School and Conference - Police Department d) School and Conference - Fire Department e) Approve HV AC Service Agreement - Parks and Recreation f) Dakota County Fair - Administration g) Approve Mowing Agreement with Toro Company - Parks and Recreation h) Appointment Recommendation Police Administration - Human Resources i) Appointment Recommendation Fire Department - Human Resources j) Appointment Recommendation Fire Department - Human Resources k) Appointment Recommendation Fire Department - Human Resources I) Appointment Recommendation Fire Department - Human Resources m) Approve Image Trend Contract - Human Resources n) March 2007 Financial Report - Finance 0) Approve Bills 8. PUBLIC HEARINGS a) Approve Issuance of General Obligation Capital Improvement Bonds - Finance Action Taken Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Authorize Advertisement for Bids for City Hall and First Street Garage - Administration Page 19 b) Flagstaff Interceptor Sewer Update - Engineering (verbal) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Ice Arena Discussion - Administration Page 20 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Labor Relations Strategy 15. ADJOURN 50- Office of tlie :M.ayor Parmington, :M.innesota r\h~ .~ Api' 22 (llrocfamatwn tWJP.E~)fS, in 1970, more tfian twenty miCCion ;4.mericans joined togetfier on 'Eartfi (]Jay in a demonstration of concern for tfie environment, ana tfieir co{fective action resu{tea in tfie passage of sweeping new Caws to protect our air, water ana Cand'; ana 'W.JllE~)fS, the peopfe of P armington taR.! great pride in our City's naturae 6eauty ana support a cfean ana safe environment; ana tWJP.E~)fS, 'Eartfi (]Jay is a nationa{ ana internationa{ carr to action for a{{ citizens to join in a gCo6a{ effort to save tfie pCanet; ana tWJP.E~)fS, 'Eartfi (]Jay activities ana events wi{{ eaucate a{{ citizens on tfie importance of acting in an environmenta{Cy souna fasfiion 6y reaucing waste, conserving energy ana water, using efficient transportation, ana aaopting more ecoCogica{Cy sound {ifestyfes; ana tWJP.E~)fS, 7hrougfi increasea environmenta{ awareness, Parmington can meet tfie cfia{fenge of fiaving an ecoCogica{Cy fiea{tfiy community ana a vigorous environment for its citizens; !NOW fJ!JPE~PCYR:f'., CB'E If[' cn{OCL)fI:MPlD tfiat tfie City Counci{ of tfie City of Parmington designate and procCaim;4.pri{22, 2007 as 'Eartfi (]Jay. In witness wfiereoJ I /iave fiereunto set my /iana ana caused tlie seal oj tliis city to 6e ~a. :Mayor (j)ate Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, 56 Arbor Day Proclamation In 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community and trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE, I Kevan Soderberg Mayor ofthe City of Farmington, do hereby proclaim April 27, 2007 as Further, Dated Arbor Day in the City of Farmington, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. this 16th Day of April in the year 2007 Mayor /a.... COUNCIL MINUTES PRE-MEETING April 2, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff Wilson Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Brian Lindquist, Police Chief; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the stormwater monitoring for two ponds and the Prairie Waterway. It is to provide data so the thermal impacts of the Prairie Waterway on the Vermillion River can be better understood. He asked about doing a study where we might not have an issue and the City has to pay for all of it. Staff explained the agencies have had some concerns with the Prairie Waterway and the impact on the river. The agencies are concerned with the possibility of large ponds warming up and affecting the trout stream. Because of development in the area the agencies want monitoring done to obtain data. Staff intends to talk with the Vermillion Watershed regarding assisting with the cost of this project. Councilmember McKnight would be more comfortable if the Vermillion Watershed would participate in the cost. Councilmember Fogarty noted Mystic Meadows is not built out and asked if monitoring would be effective. Staff replied it would be monitored because it is wide open and is warming the ground water. Other impacts with development would involve pollutants. The thermal impacts are happening now. Lake Julia and Mystic Meadows ponds were chosen because of the NPDES. It was decided to pull this from the Consent Agenda for separate vote. Councilmember Pritzlaff asked about the bills and the payment to Gersters. Staff explained this is for years of service recognition and the name plaque. Some of this is also for gift certificates for years of service. Council Minutes (Pre-Meeting) April 2, 2007 Page 2 Councilmember Fogarty asked what will happen with the house on the property along Akin Road that the City is purchasing. City Administrator Herlofsky suggested the Fire Department may use it for an exercise, but the property will be maintained. Staff is still discussing this issue. Mayor Soderberg gave Council a copy of the Fire Services Contract that will be on a future agenda. He was contacted by Mr. Henry Fox of the Fair Board and they were concerned with the rising cost of fire services. 5. STAFF COMMENTS Human Resources Director Wendlandt mentioned the City will be crossing over to the fiber network from Dakota County i-net this week. The wellness initiative and Shape-up Challenge will start on Monday. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, /; -1.~;' fv7~ L~:~vPU4.- c2. ' Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR April 2, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff Wilson Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Brian Lindquist, Police Chief; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Pat Garofalo 4. APPROVE AGENDA Councilmember Pritzlaffpulled item 71) 2007 Storm Water System Monitoring, for separate discussion. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Representative Pat Garofalo, 5997 193rd Street, gave an update on events at the legislature. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (3/19/07 Regular) b) Adopted RESOLUTION R31-07 Approving DCC Equipment Acquisitions- Finance c) Adopted RESOLUTION R32-07 Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan - Finance d) Appointment Recommendation Parks and Recreation Commission - Administration e) Accepted Resignation Planning Commission - Administration f) Approved School and Conference - Administration g) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) April 2, 2007 Page 2 h) Adopted RESOLUTION R33-07 Approving Gambling Event Permit - Administration i) Received Information School and Conference - Police Department j) Received Information School and Conference - Administration k) Adopted RESOLUTION R34-07 Accepting Donation Rambling River Center- Parks and Recreation Mayor Soderberg thanked the Page and Kirchner families for their donations. m) Approved Purchase of Property at 20780 Akin Road - Engineering n) Adopted RESOLUTION R35-07 Approving Charleswood Marketplace Development Contract - Engineering 0) Approved Bills APIF, MOTION CARRIED. I) Approve 2007 Storm Water System Monitoring - Engineering There are 2 storm water projects proposed for 2007. One is for the Prairie Waterway and the other is for stormwater ponds Lake Julia and Mystic Meadows. Various agencies have discussed the impact the Prairie Waterway mayor may not be having on the Vermillion River. The concern is the potential for the water to warm up and have a detrimental effect on the trout stream. The monitoring would be to determine if there are detrimental impacts. The reason for the monitoring of the two stormwater ponds is to monitor deeper ponds for the non-degradation process required by the MPCA. A developed watershed and a developing watershed need to be monitored. Mystic Meadows is a concern for the agencies as the pond is at ground water level and the water could be warmed and have a negative impact to the trout stream. Councilmember McKnight was concerned with the agencies bringing this to the City's attention without participating in the cost. The proposal for the two stormwater ponds is more useful now because of the non-degradation plan staff has to do. Councilmember Pritzlaff asked if it was possible to obtain funding for the two stormwater ponds. Staff felt the City was not eligible for aid with this project. Councilmember Fogarty asked ifit was typical to get an MS4 permit and have to pay $20,000 when this information is useful to several agencies. Staff replied the City is required to do a non-degradation analysis. This shows the City is being good stewards of the storm water system. Mayor Soderberg noted we also did monitoring of the Prairie Waterway last year. He suggested tabling the Prairie Waterway monitoring until staff has an opportunity to ask the Vermillion Watershed and the DNR to participate in the cost. He suggested approving the monitoring for the two stormwater ponds. Councilmember Pritzlaff requested staff to ask the DNR what is the cut off point as to which pond they look at and how far away they need to be from the trout stream. MOTION by McKnight, second by Pritzlaffto approve the expenditure for monitoring of Lake Julia and Mystic Meadows. APIF, MOTION Council Minutes (Regular) April 2, 2007 Page 3 CARRIED. Information on the Prairie Waterway will be brought back to the April 16, 2007 meeting. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Vermillion River Crossing Issues - Administration Mr. Bob Knutson stated he and his brother are owners of Vermillion River Crossing. They are working on a Settlement Agreement with a partner. He took ownership of the problems this past year. They felt the problems needed to be corrected now. They need to complete the Settlement Agreement and then bring in the new management team. By mid-summer there should be activity on the site. There should be new buildings being constructed by the end of the summer and utilities. If the utilities cannot be done this year, they are considering connecting the bridge with Duschene Road with a gravel road. They did not want to put in the bridge this soon, but it had to be constructed because of the Met Council grant. Councilmember McKnight noted their letter mentions a completion date for Duschene Road of December 31, 2008, but taking an interim step to open the road by August 1, 2007. He has received more questions on the bridge and the road than anything else. He will consider their other requests if this can be resolved this year. The developer is requesting an extension date on the development agreement, a change from escrow to letter of credit, approval of a transfer of the development agreement from the current developer (Vermillion River Crossing, LLC) to a new entity that does not include Pedersen Ventures as an interest holder. Councilmember Pritzlaff stressed the need that Council has to see this project move forward. Mr. Knutson felt Council will be pleasantly surprised with the amount of activity that will take place this year. MOTION by Pritzlaff, second by Fogarty to approve an extension of the date of completion on the development agreement to December 31,2008 and the construction ofDuschene Road as outlined in the letter from First Capital dated March 28, 2007, substitute a letter of credit for the escrow, and a transfer ofthe development contract to a new development corporation. APIF, MOTION CARRIED. b) Elm Street Project Update - Engineering The schedule for the Elm Street project is Dakota County will put the plans out to bid by April 13, 2007, the bid opening is scheduled for May 9,2007, the project will be awarded at the County Board meeting on May 22,2007, and the project Council Minutes (Regular) April 2, 2007 Page 4 would begin on June 4,2007. The area west of the tracks would begin after Rambling River Days is over. Some business owners have expressed different options of phasing that would be beneficial to them. Additional phasing would have to be resolved with the contractor after the bids. To spec a certain type of phasing could add significant cost to the project. There are contamination sites in this area similar to other projects such as Main Street and Ash Street. To phase the project in a particular way would not be wise as far as getting the project done on time and keeping the costs reasonable. It will be important for the contractor to get that work done as quickly as possible and minimize the amount of dewatering that needs to be done. The dewatering will require monitoring because of the pollutants. Regarding the communication plan, a communication group is being formed. There will be a meeting prior to the start of the project and once a month during the project. There will also be a weekly project meeting, held at City Hall, on Wednesdays at 2:00 p.m. for anyone who has concerns. A handbook will be delivered to businesses and available at City Hall to give an overview of the project, access to businesses, show detours, etc. There will also be a flyer giving a concise overview and showing detours to reach each business. This flyer will be sent to every residence in the City. Dakota County will be giving construction updates to property owners each week and will post it on their website. A hotline will also be available for people to call and there will also be e-mail updates. This will be handled through the County. There will be a press release if there are any changes. Mayor Soderberg noted this is excellent work and asked about keeping track of the cost. Staff could track the mailings and estimate staff time. Councilmember Pritzlaff asked about placing a sign a month prior to the project giving the start date to make people aware of the project. Staff noted Dakota County would do this and will check with them on the timing. Councilmember Pritzlaff also suggested noting the detour route. City Engineer Mann presented a map showing the trees along the route. They will retain as many as possible and replace trees where it is possible. There is also the opportunity to fill some gaps. Mayor Soderberg would like trees planted that create a canopy over the street. Regarding the trees to be removed, he asked if there was any lumber value to them. Staff stated that will be left up to the contractor, but if they are diseased they may not be in shape for lumber. Councilmember Pritzlaff suggested trees that have a deeper root system so they do not cause problems with the sidewalk in the future. Council agreed staff should try to fill in the gaps. The streetscape design is within budget. Three gateway banners are proposed in front of Dakota Motors and Linn's Carpet. There will also be new trees, bollards along the parking for Subway and Dakota Motors, and hanging baskets. The Council Minutes (Regular) April 2, 2007 Page 5 benches have been removed from the plan as there is not enough room on the sidewalk and they could pose a safety hazard along Elm Street. There are several sites with fuel and groundwater contamination. There are two main issues. One is the soil contamination. As the sanitary sewer and watermain are installed, the contamination will have to be removed and disposed of. The second issue is the contaminated groundwater. The City has a permit from the PCA for discharging to the Vermillion River. The permit says what the limits are as far as concentrations for various items. The location of the dewatering wells and the timing needs to be worked out to avoid doing additional treatment. Ifwe have to mitigate with additional treatment it could cost $150,000. This would come from the sewer and water funds. Staff is also looking at options for funding assistance. 11. UNFINISHED BUSINESS a) Boulevard Tree Policy - Engineering Currently the City is responsible for trimming boulevard trees. The current inventory contains 20,000 trees and the City is trimming 5% of them annually. Current practice is also to remove and replace trees within the boulevard. There is a backlog of 300 trees. The 2007 budget allows for replacement of 30 trees. Staff recommends increasing the current level of trimming to 20% per year. It is recommended to eliminate the backlog oftrees by removing and replanting all of the trees needing replacing in 2007. In the future, removal of dead boulevard trees would be the responsibility of the City. Tree replacement would be left to the home owner, and if replanted the owner would have to plant the tree on their private property, not in the boulevard. Recommendation for new development is to locate the trees on private property along residential streets. Along major collectors, trees would be required to be located in the boulevard. The City would continue to be responsible for replacing and trimming these trees. The estimated cost for the recommendations is $207,000. To eliminate the backlog it would cost $200,000. Councilmember McKnight was concerned with doing this in 2007 when it is not in the budget. A large portion may have to be done next year. City Administrator Herlofsky suggested borrowing from the solid waste fund. The backlog goes back two years. Mayor Soderberg felt the City should honor the commitment to replace the trees. Councilmember Pritzlaff suggested explaining the change in policy and that we are trying to eliminate the problem. Councilmember Fogarty stated we have told people their tree will be replaced. To not replace it seems dishonest. Regarding the backlog, it was decided to honor the policy of the City replacing the trees. Staff will bring an actual cost back to Council for eliminating the backlog. Removal oftrees in the boulevard remains a City responsibility. Regarding replacement, from tonight forward the decision to replace a tree will be left to the homeowner and ifreplaced it would be on their private property. Council Minutes (Regular) April 2, 2007 Page 6 Currently utilities are placed in the drainage and utility easement which is 10ft. behind the sidewalk. In new developments, utilities could be placed in the boulevard and then trees could be placed closer to the sidewalk. The practice of promising replacement of boulevard trees should end tonight. This item was tabled for staff to bring back financial information. 12. NEWBUSINESS a) Approve New Position - Human Resources Staff suggested adding a maintenance position to be funded by the water utility. Currently the City utilizes maintenance staff to maintain well sites, install, repair and read meters, flush hydrants, etc. The Water Board pays a consultant for meter reading and lawn care around the well sites. A maintenance worker would be added to the streets and utilities division of Public Works. Each year a maintenance worker would be assigned to water utility. This would allow for more people to be aware of water utility work and eliminate the need for consultants. This position would also be on a snow plow route. Staff estimates less than 25% of the cost of this position would come from the general fund. Cost for consultants for meter reading and lawn care is $51,000. MOTION by McKnight, second by Fogarty to approve the addition of a maintenance worker position designated to the water utility division in the Public Works Department. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) April 9 Council Workshop 5 :30 Wold Presentation - City Hall 6:30 Council/Planning Commission - Comprehensive Plan Human Resources Director Wendlandt: The City has joined Dakota County's i-net, which is their fiber optic network. The City will cut over to that network this week. The City has started a wellness initiative with a Shape-Up Challenge which starts Monday and runs for six weeks. Mayor Soderberg: He presented the State of the City address to the NDC and the Rotary Club. The taping will take place on Wednesday with broadcasts beginning on Friday. City Administrator Herlofsky started on May 1, so Mayor Soderberg directed City Attorney J amnik to provide evaluation forms to Council for completion. A performance review would be held at the May 21 Council meeting. On a future agenda will be the Fire Services Contract during the Fair. The Chair of the Fair Board contacted the Mayor with a concern in the rising cost. This is also used as a training event for the fire fighters. The fairgrounds has allowed the City to store debris on the grounds during the storm a couple years ago and allow the City to stage the Rambling River Days parade on the grounds at no cost to the City. The cost for the equipment will be incurred no matter where the vehicles are parked. He asked Council to Council Minutes (Regular) April 2, 2007 Page 7 consider reducing the cost of the vehicle expense by $2,000. This is a unique situation and the Dakota County Fair provides a great benefit to the community. These costs are from the fee schedule. Councilmember Pritzlaff suggested leaving the cost at the 2006 level for three years. Mayor Soderberg noted it does not cost $3700 to drive the fire truck to the fairgrounds and the fire fighters use this as a training exercise. Council should think about this and contact either the Mayor or the City Administrator. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:14 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~frl~ (/ Cynthia Muller Executive Assistant City Council Workshop Minutes April 9, 2007 Mayor Soderberg called the meeting to order at 5:30 p.m. Present: Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff Wilson Peter Herlofsky, City Administrator; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Tina Hansmeier, Economic Development Specialist; Cynthia Muller, Executive Assistant John McNamara and Chris Ziemer of Wold Architects presented the construction documents for the new City Hall. Wold presented finishing materials to be used for the inside and outside of the building including carpeting, tile, brick, woodwork, ceilings, and walls. Council discussed whether the expansion space should be finished off with carpet, etc. It was decided to include this in the bid to eliminate dust and construction work in the future. It will remain as one large space until a tenant can be determined. Regarding the tile in the vestibule, it was decided to extend that past the stairway and also bring it in the same amount on the other entrance. In the Council room, seating for the City Administrator and City Attorney was discussed. It was decided to allow seating for 8 in the staff area to include room for the City Administrator and City Attorney, but the Council dias will still allow seating for 7 as there are 7 members on the EDA. Councilmembers suggested having a light signal at the dias to alert the Mayor as to who would like to speak. This project will be placed on the April 16, 2007 Council agenda for Council approval to advertise for bids. Bids will be opened in May 2007 and awarded in June 2007. Total construction cost will be $9,143,000. Construction of the First Street Garage will also be included in the bid package. Councilmembers asked about the Park and Rec garage. Staff is currently working with the EDA on demolishing this building and use the area for parking. The EDA is considering including the demolition with the demolition ofthe Riste building. Council/Planning Commission Workshop Mayor Soderberg and Chair Rotty called this portion of the workshop to order at 6:30 p.m. Present: Soderberg, McKnight, Pritzlaff Rotty, Larson, Oswald Absent: Fogarty, Wilson Barker, Fitzloff Also Present: Peter Herlofsky, City Administrator; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Tina Hansmeier, Economic Development Specialist; Cynthia Muller, Executive Assistant This portion of the workshop was to discuss the 2030 comprehensive plan. According to the system statements the population will be 32,000 by 2030. At the end of 2006 the population was Council Workshop Minutes April 9, 2007 Page 2 20,502. Staff proposed to review the comprehensive plan incrementally every 2 years rather than 8-10 years. The comprehensive plan needs to focus on commercial and industrial growth, therefore staff proposed to have a strong staging plan for commercial and industrial. Because the Met Council set the population at 32,000, this means there needs to be a different planning process. The City should have a long-range plan to follow, but it will be adjusted more often. This would allow for fewer significant changes. There were 2,524 permits issued between 2000-2007. There were 5,091 units included in the 2020 comprehensive plan. The City needs 684 more units to reach the goal of 5,775 units in the comprehensive plan. 571 acres are needed to meet this between 2020 and 2030. The City already has those acres available. Therefore, there is no need to propose any residential for the 2030 comprehensive plan. It's time to grow into the lots that are already available. The City is lacking in commercial and industrial. The City needs an additional 150 acres for retail between 2020 and 2030. It needs to be determined what the City can absorb for industrial. The roads and infrastructure lead to extending industrial along CSAH 50. It was also suggested to look at the area south of St. Michael's Church. A concern was the 8-year road block with the Devney property. The City needs to be fluid enough in planning to continue to entice businesses to come. As there is land available along the west, industrial could come from west to east. There was a concern that putting industrial along the western border will help Lakeville. However, to develop east to west, it is blocked by ag preserve. Everyone agreed with the commercial along the east side of Pilot Knob Road. It was also greed that industrial, not commercial, should go west. Council agreed to grow into the available residential land and focus on commercial and industrial for the 2030 comprehensive plan. Staff would like to meet with Council and the Planning Commission again to discuss staging. MOTION by McKnight, second by Pritzlaffto adjourn at 7:33 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ ~~&u reYnthia Muller Executive Assistant 76 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrato(~ ~ ,./ Ken Lewis, Building Official t//r---- TO: SUBJECT: First Quarter 2007 New Construction Report and Population Estimate DATE: April 16, 2007 INTRODUCTION The following report summarizes the new construction permits issued during the first quarter of 2007 and the first quarter population estimate. DISCUSSION First Quarter Building Permit Information: During the first quarter of the 2007 building construction season (January l5t through March 31 5t), the City issued 15 new single-family detached housing permits and 25 new multi-family permits, for a total of 40 new first quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $3,189,800 and $3,461,900, respectively. A permit was issued for 1 new public project. This was for the Farmington High School, which has a valuation of 85,925,000. The average building valuation of the single-family homes during the first quarter of2007 was $212,654, up from $196,130 during the fourth quarter of 2006. The average building valuation of the townhome units during the first quarter of 2007 was $138,476, up from $127,558 during the fourth quarter of 2006. (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 ofthe permit and the actual occupancy ofthe dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1,2000 (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: 19,354 + 104 19,458 + 145 19,603 + 62 19,665 + 77 19,742 + 68 19,810 + 157 19,967 + 204 20,171 + 174 20345 + 145 20490 ::!::......11.. 20502 + 142 20,644 Estimated Population as of December 31, 2004 = 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95 Estimated Population as of March 31, 2005 = 49 Certificates of Occupancy issued for the period from 4/1/05 to 6/30/05 X 2.95 Estimated Population as of June 30, 2005 = 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95 Estimated Population as of September 30, 2005 = 26 Certificates of Occupancy issued for the period from 10/1/05 to 12/31/05 X 2.95 Estimated population as of December 31,2005 = 23 units brought in by annexation for the period from 10/1/05 to 12/31/05 X 2.95 Estimated population as of December 31,2005 = 53 Certificate of Occupancy issued for the period from 1/1/06 to 3/31/06 X 2.95 Estimated population as of March 31, 2006 = 69 Certificates of Occupancy issued for the period from 4/1/06 to 5/30/06 X 2.95 Estimated population as of June 30, 200 = 59 Certificates of Occupancy issued for the period from 7/1/06 to 9/30/06 X 2.95 Estimated population as of September 30,2006 = 49 Certificates of Occupancy issued for the period from 10/1/06 to 12/31/06 X 2.95 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 ACTION REQUIRED This item is informational in nature. No action is required. Respectfully Submitted, dv,/.wA.L Ken Lewis Building Official rJ) !:: ~ 0:: w a.. <.9 z o ...J ) cc >- ...J 0:: W I- 0:: <l: :J o .... I g@ I .g'iij I a..c ~OO~N 00000 ON~~~ 00000 ~~ I Z~ ' ~~ ~~ ::J l/l ~~ OONON 00000 00000, O~OO~!'OOOOO O~OO~ iE' "..' Q) Qj Za.. ~~ E: ~ Q) l/l ji' NOO ~ ONOON OOOOO~~MO~OM~~OO OM~~OO.O 3 Qj ..... ~a..1 I ro ~ ~21 ~Nm~mMN~ON o~mmm~~~N~ Q)'2 ~ON~OO ~~N~OO OONMmM OOOONMN ~~ ~~~~~2t~~~~~ ~~~ ~ N , ~ · 'c ; II ~ooo~ 00000 000 0 000000000000000 0 ~~ " z " . . 00000 , OOT"""OT""" ~O~O~ Noomm:g N~Mm~ OOM~MN , ro <5 I- I 00 ~ ~ ~ ~ ~ m ~ ~ :D;I:l: 1l ',' 00000 ooooo;OOOOO~NOOON=ooooolooooo~o . , . ' I ~ ~OONm~ ~~oo~ ~~~mN ~~ONM M~~OOm OONOOOOO ~ ~ IDVV~~ ID~~ro~ ~~~V~Y~V~NT"""~ T"""NNV~:::,::,~:~::::~~NN~ T""" ~ ' Z II ~ ro ro ro ro -_ro ro - - - <5 o' <5 w_~~ ~-':':"'~ ~ ~ ~(iJ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 NOM 0 ~ a ~ 0 m a a ~~~~~i:i!iiiiii:i~~~~~ ~~~~~:j!i!:!!!:ii~~~~~ ~~~~~::>:::<:~~~~~ ~ o ~ 8 ~ :g ~ ~ o 0 ON 0 0 0 Q) 0 N N N N N rn N ro 0 ~ ~ , '';::; 'S l/l ~~ _ c 3Q):J ~ Q)E>> OO~~~N zo= ~~OO~N .c E ~~ .... o I- NOO~O:D MO~O!;:j: 000 vo~ ~oo~mN m~oo~N M~ N~ , 2 '2 :J x Q) 0.. ::J o 3 Q) z 2 '2 :J I o o , " o ~ o ~ O~ ~ N 0, ~ ~ I~ Q) rn o o I- City of Farmington 325 Oak. Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /e- TO: Mayor and councilm,ers City Administrator ( , ~ FROM: Brian A. Lindquist, Police Chief SUBJECT: Conference request DATE: April 16,2007 INTRODUCTION / DISCUSSION The Minneapolis Division of the Federal Bureau of Investigation in conjunction with St. Cloud State University is pleased to announce the 14th session of the North Central States Law Enforcement Executive Development Seminar (LEEDS). The North Central States LEEDS was created to provide law enforcement executives in Minnesota, North Dakota, and South Dakota with the same type of experience and advanced leadership training offered at the National Executive Institute and FBI Law Enforcement Executive Development Seminar held annually at the FBI Academy. Conference topics include leadership training, media and legal issues for the law enforcement executive, law enforcement ethics and motivational techniques for law enforcement executives. This training is being offered in St. Cloud, May 13-18. Registration costs for the class are $395.00 per officer. It is recommended that Sergeant Murphy and I attend the training. BUDGET IMPACT The cost of this conference is $790.00 and is covered in the Administrative Division and Patrol Division of the 2007 Police Department Budget. ACTION REQUESTED Information only. ly submitted, .~ Brian A. Lind;: 421 Chief of Police Sunday. Mav 13. 2007 5:00PM - 6:00PM 6:00PM - 8:00PM Mondav.MayI4.2007 7:00AM - 8:30AM 8:30AM - Noon Noon.-1:00PM 1:00PM - 5:00PM Tuesday. May 15.2007 7:00AM - 8:30AM 8:30AM - Noon Noon - 1 :OOPM 1:00PM - 5:00PM LAW ENFORCEMENT EXECUTIVE DEVELOPMENT SEMINAR (LEEDS) NORTH CENTRAL STATES ST. CLOUD, MINNESOTA May 13 - 18, 2007 (SCHEDULE) Registration Best Western/Kelly Inn 100 4th A venue South St. Could, MN 56301 (320)253-0606 Dinner / Orientation All Classes are held in the Miller Auditorium James W. Miller Learning Resource Center St. Cloud State University Breakfast - Atwood Center - Brickyard Room Leadership - SSA Stephen T. Smith / FBI Academy Lunch - Atwood Center - Brickyard Room Legal Issues for the Law Enforcement Executive SA Kyle Loven, FBI Minneapolis Breakfast - Atwood Center - Brickyard Room Media and the Law Enforcement Executive Penny Parrish, FBI Academy Lunch - Atwood Center - Brickyard Room Leadership (continued) SSA Stephen T. Smith Wednesday. May 16.2007 7:00AM...:.....- 8:30AM Breakfast - Atwood Center - Brickyard Room 8:30AM - Noon Leadership (continued) Stephen M. Hennessey Noon- I :OOPM Lunch - Atwood Center - Brickyard Room 1 :OOPM - 3 :OOPM Media and the Law Enforcement Officer - P. Parrish 3:00PM - 5:00PM Media Panel- Penny Parrish 5:30PM - 7:00PM Dinner - Atwood Center - Brickyard Room 8:00PM- 10:00PM Hospitality Suite (Kelly Inn) Thursday. May 17.2007 7:00AM - 8:30AM Breakfast - Atwood Center - Brickyard Room 8:30AM - Noon Managing Change in Your Organization Larry "Nick" Nicholson, PhD Academy Leadership Associates, LLC Noon-1:00PM Lunch - Atwood Center - Brickyard Room 1 :OOPM - 5 :OOPM Developing Excellence in Your Organization Larry "Nick" Nicholson, PhD Academy Leadership Associates, LLC 6:00PM - 8:00PM Dinner - Atwood Center - Brickyard Room SAC Ralph S. Boelter - Minneapolis Division 8:00PM-IO:OOPM Hospitality Suite (Kelly Inn) Friday. May 18.2007 7:00AM - 8:30PM Breakfast - Atwood Center - Brickyard Room 8:30AM - Noon Motivational Techniques for Leaders Don Gudmundson, Dakota County Sheriff Graduation - Critiques - Closing Comments City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor and Council, City AdministratG Tim Pietsch, Fire Chief FROM: SUBJECT: Schools and Conference DATE: 4/16/2007 INTRODUCTION Minnesota State Fire / EMS / Rescue School at Eden Prairie on April 28th and 29th 2007. DISCUSSION One of our members has signed up to attend classes at this regional conference. Jeremy Vogel has signed up for Fire Ground Strategies, 12 hours. BUDGET IMPACT The 2007 budget provides adequate funding for this request. The funding would come out of the training portion of the budget, category 1060 - 6470. The registration fee for 12 hours of training is $99.00 per attendee. No lodging is required. Jeremy would be using a department vehicle to travel back and forth to the training. ACTION REQUESTED Approve Fire Chief's request to send this member to regional training. Respectful~. ubmitted, ~. ";;.L I ..A/l'>1 / I).--(/' Tim Pietsch Fire Chief cc: file le.. 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 AdministratG. FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve City Hall Maintenance Service Agreement DATE: April 16, 2007 INTRODUCTION The City has had in the past an annual agreement for the servicing of the City Hall heating, ventilation and air conditioning mechanical systems. DISCUSSION Schwab, V ollhaber and Lubratt Service Corporation (SVVSC) has submitted an agreement to the City for the servicing of the City Hall heating, ventilation and air conditioning mechanical systems. Attached is the Service Agreement. As you can see in the Service Agreement, two inspections and seasonal maintenance is covered. Additionally, the City has used SVVSC for emergency service work in the past when the air conditioning and/or heating systems needed repair work. The Service Agreement provides for a 10% discount on any services performed beyond what is referenced in the Service Agreement. BUDGET IMPACT The cost ofthe annual Service Agreement is $1,377.00. There was $1,500.00 identified in the 2007 Building Maintenance budget to cover the cost of the annual Service Agreement. ACTION REQUESTED Approve by motion the attached Service Agreement with SVVSC. Bes tfully Submitted, ~. O/A f1~ R n y Distad, Parks and Recreation Director cc: Jeremy Pire SCHWAB · VOLLHABER · LUBRATT SERVICE CORPORATION 4600 CHURCHILL STREET. ST. PAUL, MINNESOTA 55126 . PHONE: (651) 481-8000 . FAX: (651) 481-0186 March 23, 2007 City of Farmington 325 Oak Street Farmington, MN 55024 Attn: Randy Distad RE: Service Agreement Renewal Dear Randy, This letter is to inform you that the service agreement on the HVAC Equipment at the City Hall is due for renewal. We offer to continue these essential services for another year (May 1,2007 through April 30, 2008) for the net price of $1 ,377.00. Enclosed, please find two copies of our renewal documents for your records and approval. If these terms are acceptable to you please sign and return one copy to our office. It has been a pleasure working with you and we look forward to servicing your needs again next year. If you have any questions or I can be of further assistance in this or any other matter, please give me a call. Sincerely, Af~~ David G. Bois Service Manager Schwab Vollhaber Lubratt Service Corp. HE^:'I~'J(3 . ,AIR COf'\OITi(1i'JI~~G & VE~0-11L_ATI~~G SCHWAB · VOLLHABER · LUBRATT SERVICE CORPORATION 4600 CHURCHILL STREET. ST. PAUL, MINNESOTA 55126 . PHONE: (651) 481-8000 . FAX: (651) 481-0186 SERVICE AGREEMENT We propose the following maintenance program on the equipment located at: Farmington City Hall 325 Oak Street Farmington, MN 55024 Equipment Covered (1) Tjernlund Furnace Air Handler (1) Trane 25-Ton Condensing Unit (2) Lennox Heating/Cooling Rooftop Units Preventative Maintenance A. Inspections: Two (2) times per year · Leak test for refrigerant loss. · Check oil level, add as required. · Check and adjust safety and operating controls. . Check overall performance: pressures, volts, amps, entering and leaving temperatures, etc. · Check filters, change if necessary. · Inspect and adjust belts. · Start-up and checkout of refrigeration each spring. · Start-up and checkout of unit heating system each fall. B. Emergency Service: Hourly rates for services beyond the scope of this contact will receive a 10% discount on our standard service rates. Service rates are subject to change during the term of this agreement C. Seasonal Maintenance: · Clean condenser coils. · Check and tighten electrical connections. D. Remarks: Refrigerants, parts, and filters will be invoiced separately. NOTE: Schwab-Vollhaber-Lubratt is not responsible for winter freeze-ups. ANNUAL COST OF CONTRACT: $1.377.00 HEATING' AIR CONDITIONING & VENTILATING EOUIPMENT . SPECIAL HEAT TRAi'.JSFER . CLEAN ROOMS TERMS OF SERVICE AGREEMENT 1. Contract automatically renewable annually at the end of the original term (price subject to revision) and may be cancelled by either party any time during the term by giving at least thirty (30) days written notice. Failure to keep your account current shall release Schwab-Vollhaber-Lubratt of performance of this contract. 2. We warrant that all work will be performed in a professional manner by competent technicians. There are no other warranties, express or implied, and we shall not be liable for consequential damages nor expenses incurred in removing, replacing, or refinishing any part of the building structure necessary to the execution of this agreement. We shall not be liable for loss or damages due to delays or inability to perform as a result of strikes, transportation delays, governmental intervention and/or regulations or other causes beyond our control. The sole remedies for any breach of our warranty are re-performing the work or refunding the price of the work at our option. 3. Repairs, replacements and emergency service occasioned by improper operation, negligence, and misuse of the equipment or due to any cause beyond our control shall be invoiced at prevailing service rates. Repairs, replacements, inspections or modifications required by insurance companies, government, state, municipal or other authority shall be invoiced at prevailing rates. 4. Schwab-Vollhaber-Lubratt shall not be responsible for air balance, ductwork, electrical disconnect switches, recording or portable instruments, gauges or thermometers, appearance of decorative cabinets or corrections to design or installation. The specific labor and materials on the face of this contract will be furnished for the sum of $1,377.00 payable net 30 days after invoice Respectfully submitted, Schwab-Vollhaber-Lubratt Service Corp. #~~ David G. Bois, Service Manager Y/;L~~"7 I ( By: Date: Accepted by: Title: Date: Contract For The Year: Mav 1. 2007 - April 30.2008 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7f TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, 1T)d City AdministratoV SUBJECT: Dakota County Fair DATE: April 16, 2007 INTRODUCTION/DISCUSSION Attached is correspondence dated February 14, 2007 from Robin Roland to Tom Ryan, Dakota County Fair. Please note the charges which have been provided to the Fair Board representatives. After further consideration, I would like to recommend that we limit the cost of the rate of the vehicle to a maximum of $2,000 and still include the cost of the payroll items as noted on the attached spreadsheet. I therefore, recommend that the billing for 2007 be $3,333. ACTION REQUESTED I recommend the following charges be forwarded to the Fair Board: 2007 ----- $3,333 2008 ----- $3,750 2009 ----- $4,000 Respectfully submitted, ; I ~~;r:~~~~~ ~/(/~7 City Administrator CMuller/Herlofsky/Council MemoslDakota County Fair City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us February 14,2007 Tom Ryan Dakota County Fair P.O. Box 73 Farmington, MN 55024 Dear Tom: The City of Farmington is in receipt of your request to extend the Fire Service Agreement for Fire Department coverage for events at the Dakota County Fair. The most recent contract expired December 31, 2005, but was extended by letter last August until December 31, 2006. The City proposes an agreement for three years, 2007 to 2009. The flat fee for 2007 would be $5,500; for 2008, $6,000 and for 2009, $6,500. This fee was determined using the City's 2007 Fees and Charges Ordinance and the historical coverage requests for service. A draft agreement is attached with this memo. The City's contract with the Dakota County Fair for these services agrees that the City will provide this service and assume all responsibility for the equipment and personnel to be provided, including but not limited to the compensation and insurance matters. Sincerely, Robin Roland Finance Director Cc: Peter Herlofsky, City Administrator Tim Pietsch, Fire Chief Q) C'l co ..... Q) > o t) >. .0 ..... Q) o c o E c 0 .8 E g>Q) 'E 0 .....'0 COwl'- u. ._ 0 '0 ~o -N >.CO ~ c 0 0<(4- ~I l.() l.() 00 00 ..-- I o 0 M M I 0'0 M M o 0 M M ~ I o 0 M M J o 0 M M J I l.() l.() M M o 0 o 0 o 0 o 0 N <D w- W- o 0 o 0 o 0 o 0 N <D w- W- o 0 o 0 o 0 o 0 N <D w- W- o 0 o 0 o 0 o 0 N CD w- W- o 0 o 0 o c:i o 0 N CD w- W- o o o o N w- W- o 0 o 0 o c:i o 0 N I'- w- W- Ul L- ::l o ..c (J) ..... I1l L- >- Ul""C (J) ::l E 0 :;:;I ~ u 5 o o o o I'- M w- 000000000 MMMMMMMM-.;t N 000000000 M (') (') (') (') (') (') (') -.;t N 000000000 (')(')(')(')(')(')(')(')-.;t N 000000000 (')(')(')(')(')(')(')(')-.;t N 000000000 (')(')(')(')(')(')(')(')-.;t N l.() l.() l.() l.() (') (') (') 0 ~ ~ ~ ~ ~ ~ ~ ~ ::l ::l ::l ::l ::l ::l ::l ::l o 0 0 0 0 000 ..c..c..c..c..c..c..c.c 222222ID2 ..c..c..c..c..c..c:E..c OJ OJ OJ OJ OJ OJ OJ OJ t+=l.i=i.i=i.i=i..i=i+=lt=4= (J) (J) (J) (J) (J) (J) (J) (J) !..... !.... !..... "- L.... L.. !..... L- i.i=i.i=ti=tt=t+=t+=ti=li= l.() o (') ,! ..-- -.;t L() N N 0 o (') w- w- ..-- -.;t l.() N N 0 o (') w- w- ..-- -.;t L() N N 0 ..-- 0 (') w- w- ..-- -.;t L() N N 0 o (') w- w- -.;t l.() N N 0 ..-- 0 (') w- w- ..-- l.() N w- w- ..-- CD L() (') N ..-- ..-- (') w- w- (J) iii L- >- Ul""C (J) ::l E 0 :;:;I CD l.() N (') CD_ w- (J) CD u l.() C N :g ~ '5 l.()O Ul (J) W- (J) u.. o(S Ul (J) 1i) ~ o I1l u .c roO o I- L- (J) 0.. J c (J) E (J) (J) L- OJ I1l :;:, U ~ ..... c o U L- (J) 0.. -a L- I1l o .0 L- 'rn u.. .8 Ul u; o o 0000 0000 . . . . -I1lIO 0 0 0 ~oo-.;to ';::l.()ONO u---- <(N(,)-.;tl.() w- w- w- w- (')-.;tl.()<D 0000 0000 NNNN 000 000 000 000 L()OL() L()tl)tl) w- w- w- I'- 00 0'> 000 000 NNN FIRE SERVICE AGREEMENT THIS AGREEMENT (the "Agreement") made this day of March, 2007, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak Street, Farmington, Minnesota, and DAKOTA COUNTY FAIR BOARD ("Owner") WHEREAS, Owner owns the real property located in Dakota County described on Exhibit "A" attached hereto and incorporated herein, located within the City of Farmington, MN ("Subject Property"); and WHEREAS, Owner has requested that the City provide special fire fighting and related emergency services to the Owner's property, in particular: Fire and Emergency equipment and Personnel available to provide emergency services as necessary in conjunction with the owners conduct of demolition derby events during its annual fair. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: I. The City will provide the requested service under this Agreement for the next three years through December 31, 2009, and assume all responsibility for equipment and personnel to be provided, including, but not limited to, compensation and insurance matters. 2. Owner will compensate the City $5,500 in 2007, $6,000 in 2008 and $6,500 in 2009 for the services provided. Fee is due and payable thirty days after the final day of the fair. CITY OF FARMINGTON DAKOTA COUNTY FAIR Kevan Soderberg, Mayor Peter Herlofsky, City Administrator 3J 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{"? ,,,v! Randy Distad, Parks and Recreation Director FROM: RE: Approve Mowing Agreement with The Toro Company DATE: April 16, 2007 BACKGROUND The Toro Company (Toro) assembles new mowing equipment annually and then conducts performance tests at a variety of sites. DISCUSSIONIBUDGET IMP ACT Toro representatives approached Parks and Recreation Department staff in the past two weeks about being a site for the performance testing of their mowing equipment. In the meeting staff discussed the parameters of being a test site. Toro responded that they currently utilize parks and right of ways in the City of Eagan as test sites for their mowing equipment. They have also used private commercial and industrial sites in Bloomington, Minnesota to also conduct equipment testing. Recently Toro relocated its test facilities to the former Fireside Apple Orchard located along TH 3 in Empire Township. Since they have relocated to this site, they are looking for access to turf areas that are closer to their test facility rather than having to load their mowers on trailers and haul them to Bloomington to mow. They desire a variety of terrain that will providing a good testing of the operation of their equipment. The City of Farmington is a good fit for Toro since their test facilities are so close to Farmington and the City has a great variety of terrain that it mows in its parks, right of ways and grounds. Attached is a Test Site Access Agreement (the Agreement) that identifies the parameters upon which Toro will operate in exchange for the City to grant them access to parks and right of ways to mow. The City does not have to pay Toro for this service nor does Toro pay to access the mowing sites. Toro covers all ofthe costs associated with the mowing of the various sites. Toro also will fix any damage that they may cause in the course of the mowing that they do for the City. Once the Agreement has been approved, Parks and Recreation Department staff will be meeting with Toro representatives to determine the mowing sites. As a result of the Agreement being approved, there should be some savings on the cost to mow City parks due to the reduced mowing that the City will be doing. REQUESTED ACTION Approve by motion the Test Site Access Agreement with The Toro Company. )S~f~llfl~Z' ~tad . Parks and Recreation Director TEST SITE ACCESS AGREEMENT TEST SITE ACCESS AGREEMENT entered into between: TEST SITE City of Farmington Business Name 325 Oak Street Test Site Address Farmington, MN 55024 City, State, Zip Code And TORO THE TORO COMPANY 8111 Lyndale Avenue South Bloomington, MN 55420 DURATION This agreement begins April 17, 2007. This agreement ends November 15,2007. TaRO and TEST SITE agree to the TERMS AND CONDITIONS set forth on the back of this page. TaRO TEST SITE Signature Mayor, Kevan A. Soderberg Tom Breiter Name (Please Print) City Administrator, Peter J. Herlofsky, Jr. Manager, Consumer Test Title Date Date TERMS AND CONDITIONS I. TEST SITE hereby agrees to permit TORO to have ingress and egress to the TEST SITE property for the purpose of conducting a product testing program using various TORO products on such property. The maintenance of this property will provide certain benefits to TEST SITE, but no maintenance of any predetermined area or areas nor any minimum amount of maintenance is required, it being understood that TEST SITE remains fully responsible for the ongoing maintenance of such areas including in particular, those remaining areas not maintained by TORO in connection with this testing program. No compensation of any kind will be paid by either party to the other. 2. TORO will conduct its testing program at reasonable times, either during normal business hours or at such other times as the parties may from time to time agree. 3. The equipment used in this testing program will at all times be operated by the employees of TORO, or TORO's authorized representatives who have been trained and are competent in the operation of such equipment. 4. TORO shall conduct its activities upon the premises so as not to endanger any person thereon, and shall indemnify, save and hold harmless TEST SITE and its employees and representatives, from any and all claims for loss or injury to person or property caused by the acts or omission of TORO, its employees and its representatives. TORO hereby assumes full responsibility for the character and acts of conduct of all of its employees and representatives. 5. TORO shall be solely liable for worker's compensation risks related to its employees and representatives and shall maintain at its sole expense, appropriate insurance in support of the testing program, including liability insurance for personal injury and property damage. 6. TEST SITE shall have no liability for equipment left on the premises by TORO and unattended by its representatives, it being the responsibility of TORO to assume all security risks related thereto, and to either remove or secure the equipment as TORO deems appropriate or immediately upon demand by TEST SITE. 7. This Agreement may be terminated by either party with sixty (60) days written notice to the other party. "DOCU-ll" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.rnn.us )~ TO: Mayor, Councilmembers, and City Administrator () FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Administrative Support Specialist DATE: April 16, 2007 INTRODUCTION The recruitment and selection process for the appointment of a full-time Administrative Support Specialist for the Farmington Police Department has been completed. DISCUSSION After a thorough review by the Police Department and the Human Resources Office, a contingent offer of employment has been made to Sondra Baar, subject to ratification by the City Council. Ms. Baar has several years of administrative experience in a police department environment, has an extensive customer service background, and meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the 2007 budget. ACTION REQUESTED Approve the appointment of Ms. Sondra Baar as Administrative Support Specialist in the Police Department effective on April 17, 2007. Respectfully submitted, ,...---.. i // / r.I- ./~, /, U '''' ~j,-:",-,,; tct"'-1. ,t..../Ay;/(f Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /,' FROM: Mayor, Councilmembers, and City Administratr1 Brenda Wendlandt, Human Resources DIrector \J TO: SUBJECT: Appointment Recommendation - Fire Department DATE: April 16, 2007 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Firefighter has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Fighter position by the Selection Committee, a contingent offer of employment has been made to Matthew Homerin, subject to ratification by the City Council. Mr. Homerin has passed the required background check, driving records check, physical, drug test and physical agility testing and meets the requirements to become a probationary Firefighter. BUDGET IMPACT Funding for the positions is provided for in the 2007 budget. ACTION REQUESTED Approve the appointment of Matthew Homerin to the position of Firefighter. Respectfully Submitted, I' /I /.. /r' ~~./~,--,~,,~ '~i./u/--L / B;~nda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' J TO: Mayor, Councilmembers, and City AdministratoO FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: April 16, 2007 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Fighter has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Fighter position by the Selection Committee, a contingent offer of employment has been made to Christopher Knettel, subject to ratification by the City Council. Mr. Knettel has passed the required background check, driving records check, physical, drug test and physical agility testing. Additionally, he is currently a fire fighter with the City of Bumsville and has previous fire fighting experience with the City's of Plymouth and Cloquet. Mr. Knettel meets the qualifications for the position. Mr. Knette1 exceeds the requirements to become a probationary firefighter BUDGET IMPACT Funding for the positions is provided for in the 2007 budget. ACTION REQUESTED Approve the appointment of Christopher Knette1 to the position of Fire Fighter. Respectfully Submitted, / ~ } ;1 . // I /-<- ./ . 0uA/ L.~//c./~~t"- / Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7k TO: Mayor, Councilmembers, and City AdministratoU \<~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Fire Department DATE: April 16, 2007 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Firefighter has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Fighter position by the Selection Committee, a contingent offer of employment has been made to Conrad Adelmann II, subject to ratification by the City Council. Mr. Adelmann II has passed the required background check, driving records check, physical, drug test and physical agility testing and meets the requirements to become a probationary Firefighter. BUDGET IMPACT Funding for the positions is provided for in the 2007 budget. ACTION REQUESTED Approve the appointment of Conrad Adelmann II to the position of Firefighter. Respectfully Submitted, .~ 1 )(1/. .'r- ~"'L/c i....---'/L-C-/L# ~c../-.e<t /' Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7L. TO: Mayor, Councilmembers, and City AdministratoC! Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Fire Department DATE: April 16, 2007 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Firefighter has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Fighter position by the Selection Committee, a contingent offer of employment has been made to Heath Walker, subject to ratification by the City Council. Mr. Walker has passed the required background check, driving records check, physical, drug test and physical agility testing and meets the requirements to become a probationary Firefighter. BUDGET IMPACT Funding for the positions is provided for in the 2007 budget. ACTION REQUESTED Approve the appointment of Heath Walker to the position of Firefighter. Respectfully Submitted, . /...., " 0" \L51 .'. /l1.c~~ !~~AdC , <-{ /c..4..t.~" Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7hJ TO: Mayor, Councilmembers, and City Adrninistratu FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve ImageTrend Use and Lease Option Agreement DATE: April 16, 2007 INTRODUCTION The purpose of the memorandum is to provide information regarding the attached for the use and lease option for Fire Bridge software. DISCUSSION The ImageTrend Fire Bridge web application is designed specifically to support Fire Departments with record keeping and reporting utilizing a web based application accessible at any station or field operation with internet capability. This product will provide a centralized system for the City of Farmington and State of Minnesota reporting functions. Additionally, it will provide Fire Department staff with a user-friendly software in which to track information, create various reports and maintain accurate records. ImageTrend will waive the first year fees, with the exception of set up costs not to exceed $500.00, in exchange of allowing them to utilize our data for purposes of demonstration and presentation to new and existing customers. All data will only be disseminated after it has been sanitized in order to meet data privacy laws and regulations. After the first year, the City has the option of continuing to use the Fire Bridge application under the terms of this contract or re-negotiating the terms of use of the application. BUDGET IMPACT The ImageTrend Fire Bridge product will replace the current Fire House software and any set up costs would be funded with the dollars set aside for the Fire House software maintenance agreement in the 2007 Budget. ACTION REQUESTED Approve the ImageTrend Use and Lease Option Agreement. Respectfully Submitted, ,., .", . ' '~'-';i~c.A't:",~~/~ /L/~ T Brenda Wendlandt, SPHR Human Resources Director cc: file Peter Herlofsky City of Farmington 325 Oak Street Farmington, MN 55024 'e1IMAGETREND ~ FIRE BRIDGE Fire Bridge Proposal #311 a Use and Lease Option Agreement 12/29/2006 Fire Bridge The Fire Bridge web application allows members of the Farmington Fire Department to record NFIRS fire report information into a web-based application accessible at any station or field operation with internet capability. Further, the Fire Bridge incorporates the EMS record keeping and reporting capability in the application allowing all patient contacts made by the Farmington Rescue Squad to be recorded accurately at any time. Administrative job functions are enhanced by reducing the redundant data entry of paper forms and maintaining call information in one centralized computer system for City of Farmington and Minnesota State reporting requirements. Licensing 1 Fire Bridge License . Standard Fire Bridge data set based upon NFIRS 5.0 . Standard EMS Service Bridge data set based upon NHTSA V2.2.2 . Web-based Data Entry and Fire Bridge Data Posting . SOL Database . Security Module . Single Server access . Standard Modules: . Adhoc Report Writer . Certification Tracking . Field Inspection Administrative Synchronization . DataPort . Knowledgebase . OA Module 1 Field Fire Inspection License . Standard Fire Bridge data set Fire Bridge values . Web-based Fire Bridge Data Posting and synchronization . Pre-Plan Setup and Recording Support 1 Fire Bridge Annual Support Contract Hosting On ImageTrend Servers Monthly Hosting Fee . HIPAA based ImageTrend Premium Servers . Physically Secure, Climate Controlled, Power Conditioned . Triple Redundant Connections to the Internet . 24/7/365 Network Monitoring . Physically located in a 4,500 sq. ft data center with 21" concrete walls 20855 Kensington Blvd. Lakeville, MN 55044 952-469-1589 www.imaqetrend.com ~,~ IMAG ETRENO " ~~::Siii mOKin91h. wobwor. lorbusin." 12/29/06 Page: 1 Fire Bridge Inspection License The Fire Bridge Inspection application operates on any number of tableUlaptop platforms and allows Fire Inspection activities to be conducted in real time using applicable city regulations and statutes. Further, the incorporation of synchronization and data portability allows a complete inspection/violation (including fire incidents) history to be stored centrally as well as locally for recall/review at any time by the Fire Inspection agent. Attachments and supporting documentation for specific locations or violations can be saved, sent and synchronized. The pre-plan application allows a Fire Inspector/Fire Officer responsible for development of pre- plans to document this information and centralize it for use by any Fire personnel responding to an incident. Licensing 1 Field Fire Inspection License . Standard Fire Bridge data set Fire Bridge values . Web-based Fire Bridge Data Posting and synchronization . Pre-Plan Setup and Recording Support 1 Fire Bridge Client Annual Support Contract Training . Training is included and conducted by existing department member First Year Fees (waived per terms of contract) . Fire Bridge Application Service Provider Fee ($300/month) $ N/A . Fire Bridge Annual Support (included) $ N/A . Hosting on ImageTrend Servers (included) $ N/A . 1 Fire Bridge Inspection Application ($1500) $ N/A . 1 Fire Bridge Inspections Support ($400/year) $ N/A For the first year, the Farmington Fire Department may use the application in place of its current records system at no cost to the department. The set-up fee may include client-requested specifications, which will be proposed on a time and materials basis at $11 O.OO/hour and presented to the client for approval. Typically, set-up fees would not exceed $500.00. Hosting fees will be waived by ImageTrend, Inc. for the first year. The Fire incident and EMS incident information collected in the system during the first year will be sanitized and made available to ImageTrend, Inc. for purposes of demonstration and presentation to new and existing customers. No actual patient information will be disseminated or used and no privacy laws or regulations will be violated in the collection and use of this data. The Farmington Fire Department agrees to make itself available for reference requests. After the first year of use, the Farmington Fire department has the option of continuing to use the application under the terms of this contract or re-negotiating the terms of use of the application. Any additional modules or significant changes in the application setup will also carry the applicable setup and implementation fees to be agreed upon by both parties. Additional system integrations are not included in this proposal Annual contract extension fees . ASP Fire Bridge & Hosting on ImageTrend Servers $300/month . 1 Fire Bridge Inspections Annual Support $400 . These rates are valid for a period of 24 months from the date of contract signature. 20855 Kensington Blvd. Lakeville, MN 55044 952-469-1589 www.imaQetrend.com ~"~ IMAGETREND" "~'.sI m"king1hel'lebworklorbu"ne,s 12/29/06 Page: 2 Terms of the Lease-Option Agreement . The above mentioned selected sum will be invoiced with payment terms of net 30 days upon acceptance of the proposal. . The first monthly fee will be invoiced upon "go live" scheduled for January 1, 2008. Project completion occurs upon receipt of the product. . A 90 day warranty is in effect for ninety (90) days from receipt of the product. . This contract is valid for a period of one year from signature date and will automatically renew itself unless written notification is received 30 days prior to the desired cancellation date by either party. . All data belongs to the client no matter what length of service. If the client chose to discontinue the service, the data will be delivered to the client in a format of their choice. Agreed to and accepted by: ImageTrend, Inc. City of Farmington Michael J. McBrady Apri/11, 2007 Authorized signature Date If you have any questions, please contact Sean S. Kelly (EMS/Fire Account Executive) at 952-469-1589 or at skelly@imagetrend.com. 20855 Kensington Blvd. Lakeville, MN 55044 952-469-1589 www.imaqetrend.com ~,,~ IMAGETREND" ",~,a making \M~ ...~b work for bu,in~" 12/29/06 Page: 3 Business Associate Agreement This Business Associate Agreement ("BAA") is effective upon execution of the Agreement between the City of Farmington, the "Client" or the "Covered Entity," and ImageTrend Inc., a Minnesota corporation located at 20855 Kensington Blvd., Lakeville, MN 55044, "lmageTrend" or the "Business Associate." I. Background and Purpose. (a) Client is subject to and must comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and all regulations promulgated pursuant to authority granted therein; (b) ImageTrend constitutes a Business Associate of Client (as such term is defined in the Regulations, see 45 CFR 160.103) and wishes to commence or continue its business relationship with Client; (c) Business Associate acknowledges that Client must comply with the regulations at CFR at Title 45, Parts 160 and 164 and that to achieve such compliance, the written agreement between Client and Business Associate must contain certain satisfactory assurances that Business Associate will appropriately safeguard certain Protected Health Information (as that term is defined in Federal regulations at 45 CFR 164.501) which it receives from, or creates or receives on behalf of Client. II. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule, which is defined as the Code of Federal Regulations ("C.F.R.") at Title 45, Parts 160 and 164. III. Obligations and Activities of Business Associate. (a) Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement, this BAA or as required by law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by the Agreement, this BAA or as required by law. (c) Business Associate agrees to report to Client any use or disclosure of the Protected Health Information not provided for in, or permitted by, this BAA of which it becomes aware. (d) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of Client, agrees to the same restrictions and conditions that apply through this BAA to Business Associate with respect to such information. (e) Business Associate agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of Client available to Client and/or to the Secretary of the Department of Health and Human Services, promptly upon receiving such request, or at such other time as may be designated by the Secretary, for purposes of the Secretary determining Client's compliance with the Privacy Rule. (~ Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Client to respond to a request by an Individual or an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. HIPAA Business Associate Agreement 4 (g) Business Associate agrees to reasonably promptly provide to Client or an Individual, upon receiving such request, information collected in accordance with Section III (D of this BAA, to permit Client to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (h) Business Associate agrees to promptly provide access, at the request of client, to Protected Health Information in a Designated Record Set, to client or, as directed by client, to an individual in order to meet the requirements under 45 C.F.R. 164.524. (i) Business Associate agrees to promptly make any amendment(s) to Protected Health Information in a Designated Record Set that client directs or agrees to pursuant to 45 C.F.R 164.526 at the request of client or an individual. IV. Permitted Uses and Disclosures by Business Associate. (a) Except as otherwise limited in this BAA, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Client as specified in the Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Client. (b) Except as otherwise limited in this BAA, Business Associate may use Protected Health Information if necessary for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (c) Except as otherwise limited in this BAA, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, or to carry out the legal responsibilities of the Business Associate, provided that disclosures are required by law within the meaning of the Privacy Rule, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the Protected Health Information has been breached. (d) Except as otherwise limited in this BAA, Business Associate may use Protected Health Information to provide Data Aggregation services, if applicable, to Client as permitted by 45 CFR 164.504(e)(2)(i)(B). (e) Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.5020)(1). (D Business Associate acknowledges that as a Contractor of the City, that they must comply with the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) and agrees to do so in respect to the creation, management, and release of all data pursuant to this Contract. V. Obligations of Client. (a) Client shall notify Business Associate of any limitation(s) in its notice of privacy practices of Client in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. 20855 Kensington Blvd. Lakeville, MN 55044 952-46-1589 www.imagetrend.com ~!~ IMAGETREND" ,,~,~ makinglhfwfbworkforbu$lnf\\ 4/11/07 HIPAA Business Associate Agreement 4 (b) Client shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. (c) Client shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Client has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. (d) Permissible requests by Client: Client shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Client, except that this restriction is not intended, and shall not be construed, to limit Business Associate's capacity to use or disclose Protected Health Information for the proper management and administration of the Business Associate or to provide Data Aggregation services to Client, as provided for and expressly permitted under Section IV. (b), (c), and (d) of this BAA. VI. Term and Termination. (a) Term. The Term of this BAA shall be effective upon execution, and shall terminate when all of the Protected Health Information provided by Client to Business Associate, or created or received by Business Associate on behalf of Client, is destroyed or returned to Client, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section. (b) Termination for Cause. Upon client's knowledge of a material breach by Business Associate, Client shall either: (1) Provide an opportunity for Business Associate to reasonably promptly cure the breach upon receiving notice of the breach or end the violation and terminate this BAA if Business Associate does not cure the breach or end the violation within the reasonable time specified by Client; (2) Immediately terminate this BAA if Business Associate has breached a material term of this BAA and cure is not possible; or (3) If neither termination nor cure is feasible, Client shall report the violation to the Secretary. (c) Effect of Termination. (1) Except as provided in paragraph (2) of this subsection, upon termination of this BAA, for any reason, Business Associate shall return or destroy all Protected Health Information received from Client, or created or received by Business Associate on behalf of Client. This provision shall also apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. (2) In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall extend the protections of this BAA to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information 20855 Kensington Blvd. Lakeville, MN 55044 952-46-1589 www.imagetrend.com ~, ~~~~.~!~o~~~" 4/11/07 HIPAA Business Associate Agreement 4 VII. Miscellaneous. (a) Regulatory References. A reference in this BAA to a section in the Privacy Rule means the section as in effect or as amended (b) Amendment. Client and Business Associate agree to take such action as is necessary to amend this BAA from time to time as is necessary for Client to comply with the requirements of the Privacy Rule and HIPAA. (c) Survival. The respective rights and obligations of Business Associate under Section VI of this BAA shall survive the termination of this Agreement (d) Interpretation. Any ambiguity in this Agreement shall be resolved to permit Client to comply with the Privacy Rule. * * * IN WITNESS WHEREOF, Client and Business Associate have caused this Business Associate Agreement to be executed by duly authorized officers. FOR IMAGETREND INC. (ImageTrend): Signature Michael J. McBrady, President Agreed to and Accepted as of the Date Indicated Below. FOR (Client): Signature Date 20855 Kensington Blvd. Lakeville, MN 55044 952-46-1589 www.imagetrend.com ~~ IMAG ETREND " ;,~,S making Ih~ w~b wor!< fo, bus;ne" 4/11/07 ~ N co ....- .... "'- '" :;r '" N <'"i ~ ~ co '" .... o '" ~ co ~ .... ~ cO N '" '" N N ai co .... ~ '" E", EO :l~- en.... a;ro Ol "0 :l m 0- "" "" o '" e N '" o cD co '" ~ '" o "" N '" '" "" cO ;0 '" "" o ....- "" co '" m "0 c :l LL "" o o N c .9 Ol c .~ '" LL a .i:' u "0 Cll > ~ .~ Cll a: 9- Q) (/) g> <( 10 :z 9 <( '" --.. l.l C .. iU !II "0 C :l LL ....~ 8-g Nm c o ~ " '" Cll o rf!.rf!.?firf!.rf!.#-rf!.cfl.cft.cf2. O,........cnNOO,...........CO OM......C)mIOO......O.... O-.::to)~o~LriNiDcti lDNN N N Cll " c '" 1ii m 0...."""", LOCO OCO 1.0 LO CJ')C"')lONOtOlO<DCO...... OO::tOO(O(OO)f"-......<O:t..- O-__-N-~Naia:Sa> "":M (OM lO <D CD....... co N....... ('I") C"') N"I:t....... Nr---. <<i ,...: '" s o f- Q)O>MlONONI.OLO .......cn......mMlOM........ oo::tCOC"')""ONCX> 1.0 1.0 ~~"":"":-.:i<D- N-T"""- N....J"--,MlO ","co '" .... '" " Cll o > o Z t5 o ~ :l ...., Cll C :l ...., ro :z '" N '" <'"i N ~ lO/"o..MNO'>Ol.C)lOc.D CO...... 1.0""""'" lO,....c.oM MQCOcnO,....M....CO f'oo.,-cn-C"J-";cxi -<::i<<i l.C) N....... NM ~ '" '" .c Cll LL "" o "" N ~ co WlOOMQ')O.......OO lOONNf'--I.000LOlO f'-..c:nlOoo::to>...... MN C'ficr)"":Mf'-..-CO- a:iN" -M ,.... ....... oo::t~ '" c '" ...., N co ....- .... "'. ~ N .... co;::: ..; ..q- N ~o"" ...."'.... "'....'" ~<<i '" 0000000000 Q)IOIOOOOOOOcn oo::too::tr---OOOOOO<O ciNC"')~aici-o:i1.6o-ci-.:i COM,....,..........IONMO).... .... co ('l')..qN NU') cti a:j '" Cll :l C Cll > Cll a: _ - Cll '" s.~ ~ If) c: c: (1) ~ E~E ~ I/)~ ~.E~~~ ~~~.$ ~(1)sJg.& ~~a5~~2l~m~~ ~ e U (1) C 2 ~ > .~ ~ o::a..:.:ia..u::EuE~1- C :l o " " <( "0 C :l LL '" '" '" N "" o '" '" s o f- "0 Cll "0 rf!.~ x w ?fi?firf!.rf!.rf!.cfl.cfl.*rf!.rf!.cfl.cfl.rf!.?firf!.cfl.rf!.cfl.rf!.rf!.rf!.~*rf!.rf!.rf!.cft. f'-.. LOO....... coo LO.... l.C)cn..q LOOoo::t.......cn.......NM.......N....... LO co...... O<D .......c:nOc.ooo::tOCON<o:tN<o:tc.o....N..............COvLON....Nl.C)OcnON M~O~OONNNO~~oO)MoLriom~ooooooroo~ NN NN NN....NNN ....NNN .......f'-.,.....C"').......N....... N Cll " c '" 1ii m s o f- " Cll o > o Z t5 o Q. Q) (/) g> <( .?> :l ...., Cll C :l ...., 10 :z 9 <( ro :z .c Cll LL c '" ...., ....~ 8-g Nm "'''' '" .... coo ,...:..; '" N ~ '" NO ""'" ~N 1"---- 0)- '" N~ ""~ '" ~ ....~O ~ '" oco '" ~ CON M-O ~ '" o ~ ~ .... ""'" T'""- OO~ ~ '" '" ~ '" "" 0 '" '" LliM- ....~ '" '" "'~ oco ""~ a>~ .... co m~mo~m~mmM~~O~OOT'""mmMOT'"" OOMoom~mm~OOM~T'""OON~M~m~MO ~MT'""m~M~NmIDO~T'""T'""IDT'""~~m~~ ~LliMLlia>oLliw~LliNOW~~~ID~W~~ ~~OT'""MOM~MM~NNMmIDNN~~O MT'""N~mM ~ NN ~ ~T'""MT'""~ ~ ID '" N ~ ~ "'~ ....:~ N ~ moo~mT'""mm~M~IDNOONmoomco mmmmONM~T'""N~OONmmmN~m mMOONIDT'"" T'""~IDID mOOm~T'""M~ o~w"":~a> m....:m~ MIDO~~"":W T'""~NM~O OT'""mm OOONNmMCO T'"" T'"" ~T'"" T'"" T'"" NO ",,0 ~'" cOLli ~ comNo~m~ mmNT'""~M'" T'""T'""~mM~~ ..;j"": 0 If'im-N- r--: ('j~T'"" NT'""N O~~T'""mm~~mM~ mOT'""COT'""mT'""MmCON ~CONT'""T'""T'"" m<oco~ M~m-M-a:ilfi co-oo-..;jo ('I")T'"" ..q-~('j ..q- T'""('j "'''' N ~ co'" ~- m- m~mT'""MOOT'""NM~N O~COT'""C"')COT'""NCOOT'"" <OCOT'""~om <O~<O~ "":Ma>"":cOa> ~ MM ~T'"" ~~('I") N N('t) m~ONoom~ m~('t)co~co('t) ~NU1NT'""<OO MWON-m"":N- ('t)T'""T'""T'""('t)T'""('t) N.... "'''' ""'" ~~ ~m~NCl')CO~mmU1~<OCO~ COmCOOU1Cl') T'""<O~T'""co<O<O mID~r--~('t) omT'""CO m~ ~~-O-<O-M~- U1-"":"":O lfi~ MT'""T'""M~('t) ('t) NM ('t)N ~<OT'""m <O~Nm mU1NCO m- co- ~- co- N N N "" "'N U?_ <0_ OM ~N 1!)<om~O<DO~M<DOOONU100~mT'""OO ~CO~1!)<DT'""ON01!)OOONOmCOT'""~Mm m<oomC"')1!)CO~~N~1!)T'""O<DCO<DT'""<D~<D LliciNCO~ci~~a)LlicDONNLli....:McD~~~ com('l")~coo('t)<D~m<ON('t)NT'""mN1!)<D1!)T'"" ~T'""N<OO~ 1!) N('I") mT'""T'"" 1!)T'""~T'""1!) N a:i '" ro "0 f- c: c :>, Cll Cll ~ ~5 8g m ~E oo;~ ~~ ~g 5 g;~i~ ~ c 5~~ ~~oo~i TI ~~~i2e_ I 0 ~O~ oc~c~ ~ ~~occ~~ ~m~ .~15 ~~.~~~ .~~ E.~I~~cO .-.~_oocOC~ Qc~mroc ~- m~OC'- .Q~ ~i~.~~~~~.~~~~g~ ~~.~ .~oc_~~~~~ &.~.~UEE~~cEgglmm~.ag~~~~3~gbc ~~~~8~~~~8&~E~~&~~a~~~~~~~~ <DOM~T'""NN01!)OT'""N~OT'""OT'""T'""NM~COON1!)T'"" OT'""T'""T'""T'""T'""NM('f)U?1!)U?U?m<D~M~~~~~mmmo ~~~~~~~~~~~~~~~~~~~~~~~~~~ 9 Cll o "0 C ::J LL .c B '" '" co '" ",- o co_ ~ '" '" '" '" '" '" '" N ~ co N- ;0 .... ~ '" ai ~ '" '" '" '" "'. '" N '" coi N ~ ;0 '" ~ ~ co ",- co '" "" o "". N ;g '" ~ c .. ii !II 'Q c :0 Ii. L c.c. ~ ~ ",0 ~w ~ ~ o 0 ~u: 8 ~ Sol J o "<f; "0 ~ ~.~ Q) a:: Q) u c '" a; aJ ]j o f- <ft '" '" M o CO M " N <h <h o N '" o <h <h ~ a, o ai '" '" '" M ;x; '" ai" N <ft ;X; N N 10 " ,.; <h <h 10 N CO. <h <h ~ M '" ,..: ;'!: '" ,..: '" CO 10 <ft '" 10 cD '" 10 " N CO N <h <h '" '" " ai" ~ <h <h <ft ~ " ~ N o o -.i N '" co '" '" <ti <ft '" .,; '" 10 '" 10. '" N fFt fFt f;ft fFt '" " o -.i ffi f:h ffi f::F; '#?f!. "'''' ~'" ~N N N~ '" ~"'O CO"'IO ~r-:N "'~IO ~~ N ""'~ 0"'''' ~"'O cONe) '" '" <ft 10 co .,; '" '" '" '" ,.; " <h <h ;;; co ai" '" <h <h .c o. <ft '" ~~ N 10 co " ai" N '" ;::: M '" N co ". " "'. '=' '" E E = en Qi Ol "0 = aJ " Q) o > o Z "0 o ~ Q) en go <( .;;" = ...., Q) c = ...., ~ ::;;: 9 <( ro ::;;: .0 Q) u. c '" ...., '" '" q ffi f:Ft (pit o co "<t N <h <h <h " '" " ,.; <h <h ... '" N co o '" '" .... ,.; '" o '" N Q) "' '" i tit co ~ -.i ;'!: tit 18 "'. ! .... 18 '" ! .... 18 (J) ..; ;'!: ... co ~ ..; ;'!: tit 18 (J) ..; ;'!: ... co "' (J) ..; :! tit 18 '" ..; :! ... 18 (J) ..; ;'!: .... .... .... ~ o o ~ o 10 ..... '" '" '" u;- N ~ '" '" '" o o '" <h '" tit co .... N co o '" .... '" CO <<i ... .... '" CO <<i tit .... '" CO <<i tit .... '" CO <<i tit .... '" CO <<i tit .... '" CO <<i tit .... '" CO <<i ... .... '" CO <<i tit .... '" CO <<i tit .... '" CO <<i .... CO o ,..: o '" '" ,..: '" ;::: ,.; ... '" <h '" N '" o ffl EfT ..,. '" o " N '" '" ... '" 10 10 ai" 10 .... Ol <ti '" '" '" '" '" "'. ;;; "' ... '" Ol "'. ;;; 10 ... '" '" "': ;;; 10 ... '" Ol "': ~ '" 10 ... '" Ol "<t_ ~ '" 10 ... '" Ol "': ;;; "' ... '" '" "'. ~ '" "' tit '" Ol "'. ~ '" "' ... '" Ol "'. ;;; 10 .... '" '" "'. ;;; "' '" '" '" ..; '" "' '" '" '" ai" N "' '" N '" M ffi f::hthf:fi ffl o '" "' ",. ffl f:h ffl ffl t4 0; o ,..: ffl ffl ffl ffl fll9. 0"'''' "'IO~ "'....'" ~ N N'" 10 0"'''' COCO'" N eti 10100 "''''CO "''''''' ~~N '" '" ;:::: "' "'. ~ ~ '" '" ;:::: 10 "<t. ~ ~ '" '" '" '" ;:::: 10 "'. ~ ~ '" '" '" '" ... '" '" ;:::: "' "'- ~ ~ ;:::: 10 .... ~ ~ ;:::: 10 "'. '" ;:::: "' "'. ~ ... ;:::: 10 "': ~ ;:::: "' "'- ~ ;:::: "' "'. :;;;:- '" "<t ci N '" ,..: :::;: N <ti '" <h '" '" 10 '" N o N '" '" '" 10 N '" -.i '" '" '" .... ~ CO ~ '" ~~ ~ '" ~~ ~ '" ~. 19. .... ;x; 19. .... ;x; ~ ~ .... ~ ~ ~ N ... ~. 19. ... ;x; ~ .... ~ '" o '" ~ CO ~ ~ CO '" .... ,..: N ~ ;:; ,.; ~ .... '" 10 <ti N co '" "' <<i ~ c o 0, .~ E ro u. a c u ....~ 8-g NaJ c o ~ u <J) Q) o 1:' = o " u <( "0 c = U. "' "0 c = LL ll> = C ll> > ll> II:: iii 'u .~ en o o 10 M CO N .... '" .... :....1c l!! ll> on Q) 0= c <( l!) - > l!) o o '" M ... on l!) ~ ii c l!) Q. X W '" ~ <! ~ .. u c co iii III ... C :0 LL <J) ll> ~ ~ o LL ll> .!.! '0 c.. o o o <<i .... '" .... on l!) = c l!) > l!) 0:: o o o <<i on ~ ~ ii c l!) Q. x W CO '" "' ..... Gl " c co iii III ... C :0 LL o o 10 N. o '" '" '" '" i: Gl E Gl > o g g; .E 2 ~ ~ .. l!) c..a:: o o o o '" '" on ~ ~ ii c l!) Q. X W '" "' .... ,..: N 10 Gl " c co iii III ... C :0 LL .~ iii ~ o c ,2 iii ~ " ll> II:: o '" o o '" N '" '" <J) l!) on :; <J):-= ="0 c C l!) l!) > Q. l!) X a::w '" 10 ~N "'''' ci 0- ....N Ci58 _D.. ~ .~ ~ E .9 E a3 .~ en en 010 '" '" N N o :;; M ~ '" .. u c .. iii III ... C :0 LL ~I o o 10 co. .... N '" '" .... <J) l!) = c l!) > l!) a:: o 10 M ;;; co '" N ,..: ~ .. " c .. iii III ... C :0 LL 1: 0_ o.o. " " ",0 f~ o c :2:i.L 8 ~ SOl ~ o "'(f) <J) ~ ~ "0 C l!) Q. ~ '" E E :J C/) 0:; C) "0 :J ee c: o c;, c: E Co l.L '0 $ o "0 Q) o .~ ~ ~ Q) 0: Q) " c: '" ro ee ]i o f-- " Q) Cl > o Z tl o "S ..., Q) c: :J ..., <( Co :2 .c Q) l.L c: '" ..., ,...0:; 8-g Nee c: o "" 'C " '" Q) Cl C :J o " " <( "0 c: :J l.L j ~ o CD 6 "I "":. .... ,... '" cri <t> <t> a> e "" .... '" .... &.ri ",- ,... ,... "" a> <t> <t> "I "I N "I a> ,... I,() "'""" 0.. cO ~ U) '" N '" '" .... '" <t> <t> .... .... .... a> cD ,... N <t> <t> .... '" N cri CD "I <t> <t> .... e e e o '" "I -.i <t> <t> .... ....1: '" o Q) ~ :J o c: :J Q) > .- Q) * "" '" N "I ;! ;n '" cri '" N "I .... CD ,... ~ ~ "I .... '" '" "I N CD .... or:; ai "I ,... '" '" .... '" '" N '" '" cO ,..: "I '" '" .... -.i '" [1> ~ '6 c: Q) 0. X W N ,... e g '" <t> N ,... e <J:i '" '" ... N ,... o <J:i '" '" .... N ,... e g '" .... N ,... e ~ .... N ,... o g '" .... N ,... o <J:i '" '" .... N ,... o g '" .... N ~ (0 '" '" ... '" fJ C .. 11 III 'D C :I ... * c; .n .... CD "I "', ,... "" <t> <t> .... ,... .... cri r:::. <t> <t> CD "" e '" '" ,... '" "" '" ....: &.ri ....: "" a> (0 ,... M <t> <t> .... "I ,... CD cD e <t> <t> .... CD .... .... 0; .... <t> <t> .... e e e cD "" "', <t> <t> .... '" ~I ~ CIl Q) ~ > CIl Q) cnO: * "I '" M a> e a> cri "I CD, a> .... '" 0; .... "I ;;; "'. ;;; e ~ N "I "" '" .... cri ,... "", '" [1> ~ '6 c: Q) 0. X W e ,... '" ".: (0 ,... cri .... e ,... '" ".: (0 ,... cri .... o ,... a> ".: ::e cri .... e ,... a> ".: (0 ,... ",' <t> o ,... '" ".: (0 ,... cri .... o ,... a> ".: co ,... cri .... o ,... '" ,.... co ,... cri """ o I"- a> ".: co I"- cri .... o I"- '" ".: (0 I"- cri .... N I"- .... cD ,... (0 M ;;; "'. c; I"- M Ii) .... o 'i '" cri '" fJ C to 11 III 'D C :I ... * "" ~ N '" '" ~, .... I"- "'. <t> """ '" .... "" cD '" .... <t> <t> I"- a> I"- '" CD I"- M cO a> a> <t> <t> .... "" a> CD ,...' .... """ <t> """ e I"- .... -.i a> <t> .... .... o o o o (; N <t> .... .... CIl U; '" .. Q) $: i! :2 (l) "0 ~ cnO: ~ N I"- .n .... e CD CD' l"- I"-. ;;; ...., ;;; '" ;n ,... 0; '" N a> -.i a> '" .... 8 0 00 ,..: e ,... ~ '" "I' '" [1> ~ '6 c: Q) 0. X W 00 N ..... ;;; CD .... 00 "I ..... ;;; co .... "" N ..... ;;; (0 .... 00 N ..... a; CD .... 00 N ....- ;;; co .... 00 N "":. ;;; <0 .... 00 N ..... ;;; <0 """ "" N ...., ;;; CD .... 00 N ..... a; co .... "" N "': a; <0 ~ '" i Ii) '" <0 '" <J:i I"- '" '" fJ C .. 11 III 'D C :I ... * CD '" M "I N .... ".: "" "I .... <t> 00 "" '" ".: "" <t> <t> "I e e <Xi '" .... <t> """ CD '" -.i """ <t> """ '" "I e cD <t> <t> """ e o e cD I"- '" <t> """ """ :;; n; '" $: !!5 E 1,3 ~ > ~& * '" e <Xi '" CD .... ",' a> '" '" ,... a> cD "" "I '" CD cri "I a> N cD .... .... o ~ <Xi "" '" '" '" .... 0 N- <<>"' 00 (0 .... "'!. '" [1> ~ '6 c: Q) 0. X W * ::;;: .n '" a> "I -.i "I "'. <t> <t> l"- e ,... ".: l"- N """ <t> N I"- <0 <Xi (0 N. """ '" I"- co <Xi co "'. """ '" I"- <0 <Xi <0 "'!. ~ """ N ,... co <Xi co "'. """ N I"- co <Xi co "'- """ '" I"- co <Xi co "', """ N I"- <0 <J:i (0 "'!. """ '" I"- CD <Xi (0 "I. ... N I"- co <Xi CD "'!. """ N I"- co <Xi co "'!. CD o "" ".: .... """ .... .... N N '" -.i '" "'!. l"- e a> 0; '" .... <t> """ e 00 a> i "'!. 00 CD <J:i ;! cD """ """ ... .... a> a> a>' CD e e e a> e '" (,i ro e ~ co~ ,....._ <t> <t> ... I '" ~I ~ CIl Q) - > .. Q) $:0: "" .'" * .... "! .... "" "I CD. CD ..... N CD CD cD '" N ;1; .... cri ;! cD """ .... CD .... cri .... ~ cD .... ;1; .... cri ;! cD """ .... <0 .... cri ;! cD .... ;1; .... cri ;! cD ... ;1; .... ,,; :!: ",' """ ;1; .... cri :!: ",' """ '" .... <0 .... cri ;! cD .... ;1; .... cri ;! cD .... CD N I"- cD .... .... CD .... cri .... ~ cD .... ~ ",' CD .... 00 "'. ~ cD '" a> I"- cD .... '" ::;;: N N cD '" fJ C .. 11 ee 'D c :I ... s_ a. a. '" '" C{o ~~ c rn o c ~u:: 8 ~ !)l ~ o >::C/l '" Q) 2 '6 c: Q) 0. X W ~ -a: c: ~ 0 0 u:: - CD C) .l: 0 c: t/) 0 .- ftS N E 0 . ~ '" ~ 'C E ca C ,.... E LL :::s 0 " 0 CI) LL .... Qj 'to- N Cl 0 C;; . "C " ~ ... m Q) ~ C CJ Q) C) -lr:-~-:Jc=JC-.~L-JL-.L-Jr I! ~! 'll~-~ 1 ~I ' ---I----!!-~,-ii -- -- 1 l -=-1; I :1 . I LJLLJ i'l I[-~!l-'." I L-J I I i II ~I L I, il I:; If !! I I II :. i18: 'I' I I -:I' 'I II [ -- --:1- .!I " -Ii" j~ ,II-- I "I[ ~--,---_., I II II 'I L ' 1 I' I, ., I. iO- I [~I II II I' I ~ I I 1,1 ~ I II 1 . I IL-:---..JL-.J :' I "' Ii' LJI-- . II I, . I II I :1 Ii ,I II _II Ii 1~'lnl I' II,~I !: iucil II JI ? JI I' ,L-..: I 1 il ~ I ~;:~I , ,I , , I '--'I' ",1 'I ' 'I !' I' ' 'I' :,;" I' I ' ---..J'---' . , 'I l . , :', ~: "-,___..___ I~i I, II, - -:1 I I " 'I I! '~'---'I-, II' I 'I'" , 'i ~~~- 11,1, 'I!, II! ii' :1 I ..~J II i J'LI l , .. ---- n -------,--,1 'LJi I - ! _'----'L-JL-..~'_____.JL_...:' . ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f;'7 0 0 0 0 0 0 0 0 0 0 0 q, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <<l. "':. N_ q a:> <0 ~ N N ~ <0 a:> ;;; ;;; ;;; ....- f;'7 f;'7 f;'7 EIt EIt EIt EIt f;'7 a:>ueles PUn::l c B Cl c .~ '" u.. '0 ~ () r 8.- "ir 0:0 H 6 ~ :::!il: ~ ~ s<Jl . ( ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator \ j ~::. '~..... FROM: Robin Roland, Finance Director SUBJECT: Approve Issuance of Capital Improvement Bonds (City Hall) DATE: April 16, 2007 INTRODUCTION In order to satisfy statutory requirements for issuance of Capital Improvement Bonds, funding construction of the City Hall, a public hearing must be held to discuss the Capital Improvement Plan (CIP) and approve the sale of the bonds. Council set the public hearing for April 16, 2007 at their April 2nd meeting. DISCUSSION In the 2003 legislative session a change was made to allow bonding authority by Cities to plan for and finance the "acquisition and betterment of public lands, buildings, and other improvements for the purpose of a city hall, public safety facility, and public works facility." This authority mirrors the authority the Counties have had in the past. The law requires that a Capital Improvement Plan be prepared which must cover at least the five-year period beginning with the date of the Plan's adoption. The Plan must set forth: (1) the estimated schedule, timing and details of specific capital improvements; (2) estimated cost ofthe capital improvements identified; (3) the need for the improvements; and (4) the sources of revenues needed to pay for the improvements. Although the Capital Improvement statute authorizes the City to issue general obligation bonds to fund any of the improvements identified in the Plan (subject to reverse referendum), it is important to note that it is not a requirement of the Plan that every item be funded by Capital Improvement Bonds or eventually be funded at all. The planning of the improvements is most important to the spirit of this authorization. The City published notice of intent to issue the Bonds and the date and time of a hearing for public comment. The issuance of the Bonds is subject to reverse referendum; i.e., if a petition requesting a vote on the issuance is signed by voters equal to 5% of the votes cast in the City in the last general election and filed with the County Auditor within 30 days after the public hearing, a vote must be held. If no petition is filed, the City may proceed with the issuance of bonds. The bond sale is proposed for June 4,2007. BUDGET IMPACT Payment of principal and interest on the bonds will be through an annual tax levy beginning in 2008. A preliminary debt schedule is included in the packet. ACTION REQUIRED Adopt the attached resolution giving preliminary approval for the issuance of the City's General Obligation Capital Improvement Plan Bonds in an amount not to exceed $9,990,000 and adopting the City's Capital Improvement Plan of2007 - 2011. (Bonds must be approved by at least three fifths of the members.) R~7;J / Robin Roland Finance Director RESOLUTION NUMBER R- 07 RESOLUTION PROVIDING FOR THE SALE OF $9,990,000 G.O. CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2007 A Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Farmington, Minnesota, was duly called and held at the City Hall in Farmington, Minnesota on Monday the 16th day of April, 2007 at 7:00 PM for the purpose, in part, of giving preliminary approval for the issuance of the City's general obligation capital improvement plan bonds and adopting the City's capital improvement plan. The following members were present: The following were absent: Member introduced and Member seconded the following resolution and moved its adoption: and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: the following voted against the same: WHEREAS, the City Council of the City of Farmington, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $9,990,000 G.O. Capital Improvement Plan Bonds, Series 2007 A (the "Bonds"), to finance certain capital improvement needs within in the City; and; and; WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on June 4, 2007, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April, 2007. Mayor City Administrator 2007 through 2011 Five-Year Capital Improvement Plan for the City of Farmington, Minnesota April 16, 2007 Prepared by: City of Farmington and Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113 I ~A~O~I~E~I~ Table of Contents I. INTRODUCTION...................................................................... 3 II. PURPOSE............................................................................................. 4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS .............. 5 IV. PROJECT SUMMARY ....................................................................... 6 V. FINANCING THE CAPITAL IMPROVEMENT PLAN ...................10 PROJECT COSTS ........................................................... APPENDIX A PROPOSED CIP BOND ISSUES .................................. APPENDIX B PRE-SALE SCHEDULE ................................................ APPENDIX C RESOLUTIONS/NOTICE OF PUBLIC HEARING ..... APPENDIX D Ehlers & Associates, Inc. Page 2 City of Farmington, Minnesota Five- Year Capital Improvement Plan 2007 through 2011 I. INTRODUCTION In 2003, the Minnesota State Legislature adopted a statute that generally exempts municipal bonds issued under a capital improvement program from the referendum requirements usually required for city halls, public works, and public safety facilities. The 2005 Legislature added towns to the meaning of a municipality and town halls and libraries to the meaning of a capital improvement. Ehlers & Associates, Inc. Page 3 II. PURPOSE A capital improvement is a major expenditure of municipal funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of 5 years or more. For the purposes of Minnesota Statutes, Section 475.521, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. However, this plan includes certain additional capital improvements beyond the scope of that statute. A Capital Improvement Plan (CIP) is a document designed to anticipate Capital Improvement expenditures and schedule them over a five- year period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated income. As potential expenditures are reviewed, the municipality considers the benefits, costs, alternatives and impact on operating expendi tures. The City of Farmington, Minnesota (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical assets and sound fiscal management. In these financially difficult times good planning is essential for the wise use of limited financial resources. The Capital Improvement Plan is designed to be updated on an annual basis. In this manner, it becomes an ongoing fiscal planning tool that continually anticipated future capital expenditures and funding sources. Ehlers & Associates, Inc. Page 4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows; the City Council authorizes the preparation of the Capital Improvement Plan (CIP). The City staff is instructed to assemble the capital expenditures to be undertaken within the next five years. The City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary capital improvement plan is prepared. A public hearing is held to solicit input from citizens and other governmental units. Changes are made based on that input, and a final project list is established. The City Council then prepares a plan based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor to prepare a bond sale and repayment schedule. Over the life of the CIP, once the funding, including proceeds from the bond sales becomes available, the individual capital expenditures can be made. In subsequent years, the process is repeated as expenditures are completed and as new needs arise. Capital improvement planning looks five years into the future. For a municipality to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the governing body must approve the sale of capital improvement bonds by a 3/5ths majority of its membership. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City's official web site. The governing body approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). Ehlers & Associates, Inc. Page 5 IV. PROJECT SUMMARY The expenditures to be undertaken with this Capital Improvement Plan (CIP) are limited to those listed below. All other foreseeable capital expenditures within the municipal government will come through other means. The following expenditures have been submitted for inclusion in this CIP: 2007 Expenditures . City Hall . 1 st Street Garage . Annual Sealcoat . Pilot Knob Flood Control project . Sidewalk Replacement . 195th Street E to TH3 . Elm Street Reconstruction . Hunter Lift Station 2008 Expenditures . Annual Sealcoat . Various Signal lights . Sidewalk Replacement . Annual Mill & Overlay . 195th Street E to TH3 . Spruce St & Second St 2009 Expenditures . CMF Expansion . Annual Sealcoat . Well #9 & Pumphouse . 4MG Ground Reservior . Sidewalk Replacement . Annual Mill & Overlay . Walnut Street & utility project . 193rd Street overlay & curb . CSAH 31, CSAH 50 to 74 $ 9,138,000 $ 850,000 $ 85,000 $ 1,500,000 $ 17,000 $ 5,000,000 $ 3,500,000 $ 503,000 $20,593,000 $ 90,000 $ 450,000 $ 18,000 $ 375,000 $ 7,000,000 $ 1.200,000 $ 9,133,000 $ 3,800,000 $ 95,000 $ 900,000 $ 2,300,000 $ 19,000 $ 375,000 $ 1,970,000 $ 1,150,900 $ 2,050,000 $12,659,900 Ehlers & Associates, Inc. Page 6 2010 Expenditures . Annual Sealcoat . Sidewalk Replacement . Annual Mill & Overlay . 208th Street & Utility Extension . CSAH 74, Denmark to CSAH 31 2011 Expenditures . Annual Sealcoat . Sidewalk Replacement . Annual Mill & Overlay . 208th Street & Utility Extension $ 95,000 $ 20,000 $ 375,000 $ 4,600,000 $ 2.800.000 $ 7,890,000 $ 95,000 $ 20,000 $ 375,000 $ 5 000.000 $ 5,490,000 Ehlers & Associates, Inc. Page 7 The statute has established certain criteria that must be met. Under these criteria, the City has considered the following eight points: 1. Condition of the City's infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefits of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments The CIP is composed of projects that will preserve land located within the City for the City Hall and other City facilities, provide safer roads, and allow the City Hall more space in a new area. The City has analyzed the eight points required per statute for each project on an individual basis and as a whole. Their findings are as follows: PROJECTS Conditions of City Infrastructure and Need for the Projects Due to City growth and the resulting increase in demand for services, a New City Hall and replacement First Street Garage facility are needed. Current City Hall and First Street garage facilities are overcrowded and require expansion and/or replacement of necessary systems. Additional space is needed in the City Hall for expansion of all departments currently residing in the existing City Hall and an expansion of the City Council Chambers and other meeting spaces. Demand for Projects See above Estimated Cost of the Projects See Project Summary for details of all project costs. Ehlers & Associates, Inc. Page 8 Availability of Public Resources The New City Hall and First Street Garage are being funded by bond proceeds. LifO I D b eve 0 ver applng e t Taxing District 2005/06 City's Taxable Net Tax Capacity %In Total Proportionate City G.O. Debt Share Dakota County $379,760,366 3.6162% $100,595,000 $3,637,716 LS.D. No. 192 22,420,245 61.2522% 223,350,311 I 136,806,986 (F armington) Metropolitan 3,001,556,502 0.4575% 161,215,000 2 737,600 Council Relative Costs and Benefits of Alternative Uses of the Funds Operating Costs of the Proposed Improvements Cost of operating the new City Hall and First Street Garage are anticipated to be about the same as the current cost of operations despite the larger spaces, due to the improvements in energy efficiency available in the new facilities. Options for Shared Facilities with Other Cities or Local Government The New City Hall will house additional meeting spaces for civic and non- profit groups which are currently lacking in the City. Ehlers & Associates, Inc. Page 9 V. FINANCING THE CAPITAL IMPROVEMENT PLAN The total amount of requested expenditures under the Capital Improvement Plan is $55,765,900. If these expenditures are to be funded, that amount of money is anticipated to be generated through the tax levy and the sale of $13,788,000 in bonds over the five-year period. In the financing of the Capital Improvement Plan, two statutory limitations apply. Under Chapter 475, with few exceptions, municipalities cannot incur debt in excess of 2% of the assessor's taxable market value for the municipality. [However, Section 521 of Chapter 475 allows municipalities with a population of fewer than 2,500 to be exempt from net debt limits. In the City the population is 20,644. In the City the TMV is $1,670,767,400. Therefore, the total amount of outstanding debt cannot exceed $33,415,348. As of April 16, 2007 the City had $8,766,288 subject to the legal debt limit. Another limitation on bonding under the Capital Improvement Plan Statute (475.521) is that without referendum, the total amount that can be used for principal and interest in anyone year for CIP debt cannot exceed 0.16% of the TMV for the municipality. In the City, that amount is $2,673,228 ($1,670,767,400 x .0061). The principal and interest payments are estimated to start at $753,487 in calendar year 2008 and increase to a peak of$1,255,800 in the year 2013. Under the Capital Improvement Plan, the City will secure $9,990,000 in general obligation bonds in the year 2007 to finance the New City Hall. In 2009 general obligation bonds in the amount of $3,800,000 will be used to finance expansion of the City's Central Maintenance Facility. Both general obligation bond issues will be repaid over a twenty-year period. The par amount of each issue is based on the amounts listed in Appendix A plus estimated issuance costs. The proposed general obligation capital improvement bonds (including issuance costs) are shown in Appendix B. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those Ehlers & Associates, Inc. Page 10 \ expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. The future road work described in this Plan might constitute "reconstruction" under Minnesota Statutes, Section 475.58, Subdivision 3a, which would allow the issuance of bonds without an election even if there are not planned special assessments for that work. However, this Capital Improvement Plan would not meet the requirements for a five-year "street reconstruction plan." If the City later plans to issue reconstruction bonds, the City would need to prepare a separate reconstruction plan, or an amendment to this Plan that specifically describes the streets to be reconstructed. Ehlers & Associates, Inc. Page 11 APPENDIX A PROJECT COSTS (Capital Expenditures to be funded with Bond Proceeds) The 2007 capital expenditure of $9,138,000 for a new 42,000 square foot City Hall is to be funded with bond proceeds. The New City Hall will replace the existing City Hall which was built in 1967. It will house office and meeting spaces for the City Council, Administration, Finance, Human Resources and Information Technology, Engineering, Planning, Building Inspections, and Community Development departments. The 2007 capital expenditure of $850,000 for a new garage facility on First Street is to be funded with bond proceeds. The project calls for the demolition of the existing 1 st Street garage building and construction of 4,500 square foot garage and storage facility with additional outside parking and police impound facility. The 2009 capital expenditure of $3,800,000 for expansion of the Central Maintenance Facility is to be funded with bond proceeds in 2009. The 29,000 square foot addition will house storage and garage space for Parks equipment and vehicles, public works equipment and vehicles and Solid Waste equipment and vehicles. These expenditures are necessitated by an increased demand for services due to population growth and increased public need. Ehlers & Associates, Inc. Page 12 PROPOSED CIP BOND ISSUES 2007: $9,990,000 CIP Bonds 2009: $3,800,000 CIP Bonds APPENDIX B Ehlers & Associates, Inc. Page 13 APPENDIX C Pre-Sale Schedule dated April 16, 2007 5-Year City Capital Improvement Plan Bond Issuance City of Farmington, Minnesota The City Council must take the following actions before Bonds can be issued: . City Council directs preparation of a 5- Year Capital Improvement Plan. . City Council conducts a Public Hearing on issuance of Bonds and Capital Improvement Plan. . City Council approves Bonds and Capital Improvement Plan by at least a 3/5ths vote of the governing body membership. The table below lists the steps in the issuing process: April 2, 2007 City Council adopts Resolution calling for Public Hearing on issuance of Bonds and on Capital Improvement Plan. March 28,2007 Close date to get Notice of Public Hearing on issuance of Bonds and on Capital Improvement Plan to official newspaper for publication. March 31,2007 Publish Notice of Public Hearing on issuance of Bonds and on Capital Improvement Plan (publication no more than 28 days and no less than 14 days prior to hearing date). Additionally, notice may be posted on the City's official web site, if any. April 16 @ 7:00 City Council holds Public Hearing on Bonds and on Capital Improvement Plan and adopts Resolution giving preliminary approval for their issuance and approving Capital Improvement Plan by at least a 3/5ths vote of the governing body membership. April 16, 2007 City Council provides for sale of Bonds. May 16, 2007 Reverse referendum period ends (within 30 days of the public hearing). June 4, 2007 City Council accepts offer for Bonds and adopts Resolution-Approving sale of Bonds. June 28, 2007 Tentative closing/receipt of funds. Net Debt Limit Annual Levy Limit Assessor's Taxable Market Value 1,670,767,400 Assessor's Taxable Market Value 1,670,767,400 Multiply by 2% 0.02 Multiply by .16% 0.0016 Statutory Debt Limit 33,415,348 Statutory Levy Limit 2,673,228 Less: Debt Paid Solely from Taxes 8,766,288 Less: Annual Levy under CIP 0 Unused Debt Limit 42,181,636 Unused Levy Limit 2,673,228 Ehlers & Associates, Inc. Page 14 APPENDIX D EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA HELD: APRIL 2, 2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of City of Farmington, Minnesota, was duly called and held at the City Hall in the City of Farmington, Minnesota on Monday the 2nd day of April, 2007 at 7:00 for the purpose, in part, of calling a public hearing on the intention to issue general obligation capital improvement plan bonds and the proposal to adopt a capital improvement plan therefor. The following members were present: And the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION CALLING PUBLIC HEARING ON THE INTENTION TO ISSUE GENERAL OBLIGA nON CAPITAL IMPROVEMENT PLAN BONDS AND THE PROPOSAL TO ADOPT A CAP IT AL IMPROVEMENT PLAN THEREFOR A. WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Farmington, Minnesota (the "City") may issue bonds to finance capital expenditures under its capital improvement plan (the "Plan") without an election provided that, among other things, prior to issuing the bonds the City adopts the Plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and B. WHEREAS, the City Council will hold a public hearing on its intention to issue general obligation capital improvement plan bonds (the "Bonds") and to adopt the Plan therefor pursuant thereto on April 16, 2007; and Ehlers & Associates, Inc. Page 15 NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and to adopt the Plan therefor, such hearing to be held on the date and time set forth in Exhibit A attached hereto. The City Council is hereby directed to cause the notice to be published at least 14 but not more than 28 days before the hearing in the official newspaper of the City or a newspaper of general circulation in the City. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted the same: Whereupon said resolution was declared duly passed and adopted. Ehlers & Associates, Inc. Page 16 STATE OF MINNESOTA COUNTY OF CITY OF I, the undersigned, being duly qualified and acting Clerk of the City of Farmington, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City Council calling a public hearing on the intension to issue general obligation capital improvement plan bonds and proposal to adopt a capital improvement plan therefor. WITNESS my hand on this day of ,20_. City Clerk Ehlers & Associates, Inc. Page 1 7 EXHIBIT A CITY OF FARMINGTON, MINNESOTA NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION CAP IT AL IMPROVEMENT PLAN BONDS AND PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR NOTICE IS HEREBY GIVEN, that the City Council of the City of Farmington, Minnesota will meet on April 16, 2007 at _: at the City Hall, , Farmington, Minnesota, for the purpose of conducting a public hearing on (a) the intention to issue general obligation capital improvement plan bonds in an amount not to exceed $9,550,000 and (b) the proposal to adopt a capital improvement plan therefor. The proceeds ofthe bonds will be used to finance various capital improvements within the City pursuant to Minnesota Statutes, Section 475.521. All persons interested may appear and be heard at the time and place set forth above. If a petition requesting a vote on the issuance of the bonds is signed by voters equal to 5 percent ofthe votes cast in the City in the last general election and is filed with the City within 30 days after the public hearing, the bonds may only be issued upon obtaining the approval of the majority ofthe voters voting on the question of issuing the bonds. Individuals unable to attend the public hearing can make written comment by writing to , City Clerk, , City Hall, Farmington, Minnesota, Written comments must be received prior to the public hearing. BY ORDER OF THE CITY COUNCIL City Clerk [Submit ; Publish Ehlers & Associates, Inc. Page 18 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA HELD: APRIL 16,2007 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Farmington, Minnesota, was duly called and held at the City Hall in Farmington, Minnesota on Monday the 16th day of April, 2007 at _: . for the purpose, in part, of giving preliminary approval for the issuance of the City's general obligation capital improvement plan bonds and adopting the City's capital improvement plan. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $9,550,000 AND ADOPTING THE CITY OF FARMINGTON, MINNESOTA CAPITAL IMPROVEMENT PLAN OF 2007 THROUGH 2011 THEREFOR A. WHEREAS, the City Council of the City of Farmington, Minnesota (the "City") proposes to issue its general obligation capital improvement plan bonds (the "Bonds") and adopt the City of Farmington, Minnesota Capital Improvement Plan of2007 through 2011 therefor (the "Plan"); and B. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and c. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the hearing as required by law; and D. WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: 1. The condition of the City's existing infrastructure, including the projected need for repair and replacement; 2. The likely demand for the improvement; 3. The estimated cost of the improvement; 4. The available public resources; Ehlers & Associates, Inc. Page 19 5. The level of overlapping debt in the City; 6. The relative benefits and costs of alternative uses of the funds; 7. Operating costs of the proposed improvements; and 8. Alternatives for providing services more efficiently through shared facilities with other local government units, and NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, that the City hereby gives preliminary approval for the issuance of up to $9,550,000 aggregate principal amount of the Bonds. The Plan is hereby adopted, the same being before the City Council and made a part of these proceedings by reference. The City declares its official intent to reimburse itself for the costs of the Plan from the proceeds of the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Ehlers & Associates, Inc. Page 20 STATE OF MINNESOTA COUNTY OF CITY OF I, the undersigned, being duly qualified and acting Clerk of the City of Farmington, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution giving preliminary approval for the issuance of the City's general obligation capital improvement plan bonds and adopting the City's capital improvement plan therefor. WITNESS my hand this day of ,20_. City Clerk [Bonds must be approved by at least three-fifths of the members.] [Issuance of Bonds is subject to a 30-day reverse referendum after the public hearing.] Ehlers & Associates, Inc. Page 21 City of Farmington, Minnesota Pre-Sale Report April 16, 2007 Proposed Issue: $9,990,000 G.O. Capital Improvement Plan Bonds, Series 2007 A Purpose: Finance the City Hall and 151 Street Garage projects Description: The Bonds are being issued pursuant to M.S. 475.521 for the purpose of financing capital improvements in the amount of $9,812,000, which will be approved by the Council in the Capital Improvement Plan. M.S. 475.521 requires a 30 day waiting period and the ability of a reverse referendum petition to be filed. If 5% of the registered voters from the last general election submit a petition within 30 days, the bonds would have to be put to a vote. Term/Call Feature: The bonds would carry a term of 20 years with principal payable on February 1 from 2009 to 2028. The Bonds will be callable on January 1, 2017 for principal maturing on February 1,2018 and later. Rating: The Bonds are expected to be rated by Moody's at an "A2" level, the City's current rating. Funding Sources: The Bonds are general obligations of the City and as such are secured by a pledge of the City's full faith, credit, and taxing powers. The City will contribute $180,000 to the project from funds on hand. The bond issue has been reduced accordingly. The bonds would be paid from a property tax levy, beginning for collection in 2008. Only interest will be due until February 1,2009. A portion of the bond proceeds is set aside as capitalized interest to provide funds to pay the first interest payment on February 1,2008 before the tax levies are collected, beginning on July 1,2008. Discussion Issues: The first interest payment on the Bonds will be February 1, 2008, and semiannually thereafter on August 1 and February 1. The projected debt service is attached to this Report. Arbitrage Issues: Because the projects will be completed within 24 months, and the estimated construction schedule will comply with the IRS spend-down rules, the bond proceeds are exempt from arbitrage rebate requirements. It is anticipated that the levies will only be at a level as needed for debt service payments. Therefore, there is very little risk that the City will have a level of funds in the debt service fund that would warrant an interest rebate according to IRS rules. Bank Qualified: It is anticipated that the City will have additional bonding needs during this calendar year which, combined with this issue, will total more than $10,000,000. The City will therefore designate the Bonds as "non-bank qualified". Schedule: Call for Public Hearing on issuance of $9,990,000 April 2, 2007 Capital Imorovement Bonds: Pre-Sale Review April 16, 2007 Hold Public Hearing on issuance of $9,990,000 April 16, 2007 Capital Improvement Bonds: 30 day reverse referendum period ends May 16, 2007 Distribute Official Statement Week of May 21, 2007 Rating Interview: Week of May 28, 2007 Bond Sale: June 4, 2007 Estimated Closing Date: June 28, 2007 Attachments: Proposed Debt Service Schedule Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Bond Sale Coordinator: Shelly Eldridge (651) 697-8504 Sid Inmam (651) 697-8507 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Financial Advisors: Bond Analysts: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date e EHLERS & ASSOCIATES IriC Farmington, MN $9,990,000 G.O. CIP Bonds, 2006A 20 Year Term Sources & Uses Dated 06/01/2007 I Delivered 06101/2007 Sources Of Funds Par Amount of Bonds ---... ."- -.- -..-.-.-...-.-..----..-- Planned Issuer Equity contributioll__ ____ $9,990,000.~ 180,000.00 Total Sources $10,170,000.~ Uses Of Funds Total Unde~iter's Discoun!_ (0.150~) Costs of Issuance Deposit to Capitalized Interest (CIF)Fund Deposit to Project Construction Fund Rounding Amount ________ 14,985.00 _ 56,000.00 282,325.00 9,812,000.00 4,690.00 Total Uses $10,170,000.00 Farmington, MN $9,990,000 G.O. elP Bonds, 2006A 20 Year Term Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I 08/01/2007 02/01/2008 282,325.00 282,325.00 08/01/2008 211,743.75 211,743.75 02/01/2009 330,000.00 4.100% 211,743.75 541,743.75 08/01/2009 204,978.75 204,978.75 02/01/2010 345,000.00 4.100% 204,978.75 549,978.75 08/0112010 197,906.25 197,906.25 02/0112011 360,000.00 4.100% 197,906.25 557,906.25 08/0112011 190,526.25 190,526.25 02/01/2012 370,000.00 4.100% _ _ ~2.(),:i26.25. 560,526.25 08/01/2012 182,941.25 182,941.25 02/0112013 390,000.00 4.100% 182,941.25 572,941.25 08/01/2013 174,946.25 174,946.25 02/0112014 405,000.00 4.100% 174,946.25 579,946.25 08/0112014 166,643.75 166,643.75 02/0112015 420,000.00 4.150% 166,643.75 586,643.75 08/0112015 157,928.75 157,928.75 02/0112016 435,000.00 4.150% 157,928.75 592,928.75 08/0112016 148,902.50 148,902.50 02/0112017 455,000.00 4.150% 148,902.50 603,902.50 08/01/2017 139,461.25 139,461.25 02/01/2018 475,000.00 4.200% 139,461.25 614,461.25 08/0112018 129,486.25 129,486.25 02/0112019 495,000.00 4.200% 129,486.25 624,486.25 08/0112019 119,091.25 119,091.25 02/0112020 515,000.00 4.250% 119,091.25 634,091.25 08/01/2020 108,147.50 108,147.50 02/0112021 535,000.00 4.250% 108,147.50 643,147.50 08/0112021 96,778.75 96,778.75 02/0112022 560,000.00 4.250% ..96,778.7.5.. .~56,778.75 -----------..--- ----------- 08/0112022 84,878.75 84,878.75 02/01/2023 585,000.00 4.300% 84,878.75 669,878.75 08/0112023 72,301.25 72,301.25 02/01/2024 610,000.00 4.300% 72,301.25 682,301.25 08/01/2024 59,186.25 59,186.25 .- 02/01/2025 635,000.00 4.350% 59,186.25 694,186.25 08/01/2025 45,375.00 45,375.00 02/01/2026 660,000.00 4.350% 45,375.00 705,375.00 08/01/2026 31,020.00 31,020.00 02/01/2027 690,000.00 4.400% 31,020:00 721,()~()O --------- -- 08/01/2027 15,840.00 15,840.00 02/01/2028 720,000.00 4.400% 15,840.00 735,840.00 Total $9,990,000.00 S5,358,492.50 SI5,348,492.50 Ehlers & Associates, Inc. Leaders In Public Finance Page 2 Ser 07 $9.850M Net Cost C I SINGLE PURPOSE I 4/11/2007 I 2:24 PM Farmington, MN $9,990,000 G.O. elP Bonds, 2006A 20 Year Term Debt Service Schedule Part 2 of 2 Yield Statistics Bond Year Dollars ------..-...-...- i\:verage Life Aver:~ge Coupon $125,02~cOO 12.515 Years 4.2859368% Net Intereg5:ost (NIC)_ TrueIllterest Cost (T~__ 130nd Yieldfor Arbitrage_~rposes_ All Inclllsive Cost (AlC) 4.2979224% --------- 4.2926807% 4.2764001% 4.3538347% IRS Form 8038 Net Interest Cost ---_.-- Weighted Average Maturity 4.2859368% ------------- 12.515 Years Ehlers & Associates, Inc. Leaders In PubliC Finance Page 3 Ser 07 $9.850M Net Cost C I SINGLE PURPOSE I 4/11/2007 I 224 PM Farmington, MN $9,990,000 G.O. erp Bonds, 2006A 20 Year Term Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New DIS 02/01/2008 282,325.00 282,325.00 (282,325.00) 02/0112009 330,000.00 4.100% 423,487.50 753,487.50 753,487.50 02/0112010 345,000.00 4.100% 409,957.50 754,957.50 754,957.50 02/01/2011 360,000.00 4.100% 395,812.50 755,812.50 755,812.50 02/01/2012 370,000.00 4.100% 381,052.50 751,052.50 751,052.50 02/01/2013 390,000.00 4.100% 365,882.50 755,882.50 755,882.50 02/01/2014 405,000.00 4.100% 349,892.50 754,892.50 754,892.50 02/0112015 420,000.00 4.150% 333,287.50 753,287.50 753,287.50 02/0112016 435,000.00 4.150% 315,857.50 750,857.50 750,857.50 02/01/2017 455,000.00 4.150% 297,805,00 752,805.00 752,8Q~ -...-- 02/01/2018 475,000.00 4.200% 278,922.50 753,922.50 753,922.50 02/01/2019 495,000.00 4.200% 258,972.50 753,972.50 753,972.50 02/01/2020 515,000.00 4.250% 238,182.50 753,182.50 753,182.50 02/01/2021 535,000.00 4.250% 216,295.00 751,295.00 751,295.00 02/0112022 560,000.00 4.250% ~,557.50 753,557.50 753,52~ 02/01/2023 585,000.00 4.300% 169,757.50 754,757.50 754,757.50 02/01/2024 610,000.00 4.300% 144,602.50 754,602.50 754,602.50 02/01/2025 635,000.00 4.350% 118,372.50 753,372.50 753,372.50 02/01/2026 660,000.00 4.350% 90,750.00 750,750.00 750,750.00 02/01/2027 690,000.00.. 4.400% 62,040.00 752,04Q:~ 752,04():OO ------ 02/01/2028 720,000.00 4.400% 31,680.00 751,680.00 751,680.00 Total $9,990,000.00 $5,358,492.50 $15,348,492.50 (282,325.00) $15,066,167.50 /~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, JJ' City Administrator ( , \ Authorize Advertisement for Bids - City Hall and First Street Garage SUBJECT: DATE: April 16,2007 INTRODUCTION/DISCUSSION Wold Architects has prepared specifications for the construction of City Hall and First Street Garage. They will be giving a brief presentation at the Council meeting. Attached is the advertisement for bids and updated drawings. BUDGET IMPACT The 2007 budget includes the construction of City Hall and First Street Garage. ACTION REQUESTED Adopt the attached resolution authorizing the advertisement for bids for the construction of City Hall and First Street Garage. Respectfully submitted, /'/.,...,~.. . ........~ / ~ & '-... '..~ .', _ .>--.-.. y' ......././1 '..,-/ _.- /, r .~/ 7 Peter J. Herlofsky, Jr. . City Administrator CMuller/Herlofsky/Council Memos/City Hall Ad RESOLUTION NO. R -07 AUTHORIZE ADVERTISEMENT FOR BIDS CITY HALL FIRST STREET GARAGE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of April 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, specifications have been prepared for the following proposed project Construction of City Hall and First Street Garage and, WHEREAS, funding for the construction of City Hall and First Street Garage has been approved in the 2007 Budget. NOW, THEREFORE, BE IT RESOLVED that: 1. The City Administrator is authorized to insert in the Farmington Independent and Construction Bulletin an advertisement for bids for this project and that bids shall be received by the City until 2:00 p.m. on Thursday, May 24, 2007 at which time they shall be publicly opened and read aloud. They will then be considered by the City Council. No bid shall be considered unless accompanied by a bid bond, certified check or cash deposit equal to at least five percent (5%) of the amount of the bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of April 2007. Mayor day of April 2007. Attested to the City Administrator SEAL SECTION 00 11 13 ADVERTISEMENT FOR BIDS NEW CITY HALL Farmington, Minnesota City of Farmington will receive single prime sealed bids for New City Hall until 2:00 p.rn. local time on May 24,2007 at the Farmington City Hall, 325 Oak Street, Farmington, Minnesota, 55024, at which time and place all bids will be publicly opened and read aloud. Bidding documents, including the Proposal Form, Drawings and Specifications, will be on file at the Offices of the Architect, Wold Architects and Engineers, 305 St. Peter Street, St. Paul, Minnesota 55102. (651) 227-7773; at the Minneapolis Builders Exchange; Builders Exchange at St. Paul; McGraw Hill ConstructionIDodge Plan Center; Reed Construction; iSqFt Plan Room (Brooklyn Center); and from PlanWell at www.ersdigital.com. Albert Lea Builders Exchange; Austin Builders Exchange; Mankato Builders Exchange; Builders Exchange of Rochester; St. Cloud Builders Exchange; Southwest Builders Exchange (Marshall, MN); Mid Minnesota Builders Exchange (Willmar, MN); Northwest Regional Builders Exchange (Eau Claire); LaCrosse Builders Exchange. This project includes: A 42,000 sf New City Hall consisting of earthwork, asphalt paving, site concrete, utilities, landscaping, building concrete, precast concrete, masonry, steel structure, carpentry, woodworking, manufactured wall panels, roofmg, sealants, doors, frames, hardware, overhead door, coiling doors, aluminum windows, aluminum curtainwalls, aluminum storefronts, tile, acoustical ceings, wood flooring, carpet, resilient flooring, painting, wall covering, specialties, lockers, plastic laminate casework, elevator, plumbing, HV AC, fire protection, temperature control and electrical. Engineering Repro Systems, 2007 E. 24th Street, Minneapolis, MN 55404 (612) 722-2303, facsimile (612) 722-3745, will provide complete sets of the Bidding Documents to prospective bidders and subcontractors. The copies will be available about April 26, 2007. Both a deposit check in the amount of $200.00 and a non-refundable check in the amount of $100.00 made out to "City of Farmington" for each set ordered are required or Bidding Documents may be ordered via the internet at www.ersdigital.com and clicking on the PlanWell icon, then the Public Plan Room icon, select New City Hall. The following information must accompany the deposit: Company name, mailing address, street address, phone and facsimile numbers and type of bidder (i.e. General, Mechanical or Electrical Subcontractor to General, or other). A refund of $200.00 will be sent to prime contractors who submit a bid to the Owner and subcontractors for each set (including addenda) returned to Engineering Repro Systems Imaging in good condition within ten (10) calendar days of the award date, subject to the conditions of AlA Document A 701. Returns will not be given if the plans are returned to the Architect's Office. Make proposals on the bid forms supplied in the Project Manual. No oral, telegraphic or telephonic proposals or modifications will be considered. Submit with each bid, a certified check or acceptable bidder's bond payable to City of Fannington in an amount equal to five percent (5%) of the total bid. The successful bidder will be required to furnish satisfactory Labor and Material Payment Bond, and Performance Bond. Bids may not be withdrawn within thirty (30) days after the scheduled time of opening bids, without the consent of the Owner. The Owner reserves the right to accept any bid or to reject any or all bids, or parts of such bids, and waive informalities or irregularities in bidding. The Owner requires Substantial Completion of the project on or before June 30, 2008. City Council CITY OF FARMINGTON No. 062047 001113-1 Advertisement For Bids City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us )07 cz.., TO: Mayor and Councilmembers SUBJECT: Peter J. Herlofsky, JY3--.r . City Administrator \y Ice Arena FROM: DATE: April 26, 2007 Questions have been addressed to this office and other City employees regarding the status of our ice arena. Over the past 30 days, there have been a number of discussions with myself, Randy Distad and Jeremy Pier regarding how and what we need to do to provide our existing ice arena with a better revenue stream. The first step taken was to recommend an increase in the current rate, and that was accomplished previously at the March 5, 2007 Council Meeting. Further efforts will be made to meet with the members of the hockey association and school district to discuss scheduling of ice time. The current referendum for the school district improvements has been identified as an issue that could potentially affect the operation our ice arena. I would like to make the following comments. 1. No matter what the results of the referendum, we will have to maintain our ice arena for at least an additional two to three years. 2. If the referendum does approve the addition of two more sheets of ice in the City, based on our current demand, it would not be to the City's best advantage to continue the Schmitz- Maki Auditorium as an ice arena. Following the results of the referendum, if the vote says that the current ice arena will be the only ice arena in the City, it is recommended that the City will continue on the current plan and make sure the plans for the next two to three years are applicable for a much longer period. If the citizens vote for the approval of the addition to the high school, it will be obvious that the City will have to look at alternatives. ~fullY submitted...., , / i I }lj' . , . . ',,-- /,1.' I ---'/y . Peter t Herlofsky, Jr;' City Adwinistrator ij/ CMuller/Herlofsky/Council Memos/Ice Arena 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. . R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - COUNCIL MEETING ON APRIL 16, 2007 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount -r AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND CREDIT UNION PAYABLE 2,230.00 2,230.00 AGGREGATE INDUSTRIES INC STREET MAINTENANCE STREET MATERIALS 1,990.85 1,990.85 ALCORN BEVERAGE CO. INC. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,032.89 PILOT KNOB LIQUOR COST OF GOODS SOLD 15,653.45 26,686.34 ALF AMBULANCE GENERAL FUND BALANCE SHEET MN SALES TAX DUE 2.73- FIRE SERVICES TRAINING & SUBSISTANCE 44.73 42.00 ALLSTATE SALES & LEASING CORP. SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 84.89 84.89 AMERICAN ENGINEERING TESTING I FLAGSTAFF AVE PROFESSIONAL SERVICES 2,767.30 2,767.30 AMERICAN PAYMENT CENTERS SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 19.84 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 19.84 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 19.85 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 19.85 79.38 APPLE VALLEY FORD PATROL SERVICES VEHICLE REPAIR SERVICE 311.88 311.88 ARCTIC GLACIER ICE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 175.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 254.50 430.20 BAUER BUILT INC PATROL SERVICES VEHICLE TIRES 562.32 562.32 BECKER ARENA PRODUCTS INC ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 605.13 605.13 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 160.68 PILOT KNOB LIQUOR COST OF GOODS SOLD 443.54 (;J 604.22 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/200710:03:03 Council Check Summary Page - 2 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount BERRY COFFEE COMPANY ADMINISTRATION OFFICE SUPPLIES 50.63 EMPLOYEE EXPENSE FUND COFFEE FUND 151.87 202.50 BOYER TRUCKS SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 82.59 82.59 BUBLITZ, ANGEL SENIOR CENTER PROGRAMS MISCELLANEOUS REVENUE 15.00 15.00 CANNON RIVER WINERY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 360.00 360.00 CINTAS - 754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 173.60 STREET MAINTENANCE UNIFORMS & CLOTHING 114.20 PARK MAINTENANCE UNIFORMS & CLOTHING 244.39 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 1.32 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 82.16 SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 114.20 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 102.76 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 215.24 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 102.76 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 114.20 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 20.56 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 114.20 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 102.76 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 264.21 FLEET OPERATIONS UNIFORMS & CLOTHING 79.20 1,845.76 COCA-COLA ENTERPRISES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 592.80 PILOT KNOB LIQUOR COST OF GOODS SOLD 1,507.60 2,100.40 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 12,022.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 21,330.18 33,352.88 CORNERSTONE ENERGY INC SEWER OPERATIONS EXPENSE NATURAL GAS 9.00 WATER UTILITY EXPENSE NATURAL GAS 136.05 145.05 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/200710:03:03 Council Check Summary Page - 3 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount CRAWFORD DOOR SALES OF FIRE SERVICES BUILDING SUPPLIES & PARTS 575.00 575.00 CULLIGAN ULTRAPURE INDUSTRIES DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 26.60 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 19.45 46.05 DAKOTA COUNTY LICENSE CENTER PATROL SERVICES VEHICLE LICENSES, TAXES, FEES 52.50 52.50 DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 470.52 470.52 DAKOTA COUNTY TREASURER/AUDITO POLICE ADMINISTRATION TRAINING & SUBSISTANCE 75.00 PATROL SERVICES TRAINING & SUBSISTANCE 75.00 PILOT KNOB LIQUOR TRAINING & SUBSISTANCE 75.00 225.00 DARTS SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 350.00 350.00 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 729.50 PILOT KNOB LIQUOR COST OF GOODS SOLD 3,123.75 3,853.25 DELEGARD TOOL CO FLEET OPERATIONS OTHER SUPPLIES & PARTS 252.29 252.29 DIAMOND MOWERS STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 244.25 244.25 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 22,976.77 22,976.77 DIMIAN, ATEF GENERAL FUND REVENUES RECREATION FEES - GENERAL 35.00 35.00 DIRECT SAFETY COMPANY PARK MAINTENANCE EQUIP SUPPLIES & PARTS 136.69 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 68.34 205.03 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 4 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount DISCOUNT STEEL INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 133.95 133.95 DISTAD, RANDY RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 119.80 119.80 DRIVER & VEHICLE SERVICES DIVI PATROL SERVICES VEHICLE LICENSES, TAXES, FEES 70.50 70.50 ECM PUBLISHERS INC HUMAN RESOURCES EMPLOYMENT ADVERTISING 192.00 192.00 ECONO FOODS HUMAN RESOURCES OTHER 100.00 100.00 ELK RIVER FORD INC CAPITAL ACQUISITION VEHICLES 22,768.00 22,768.00 ENCOMM MIDWEST LLC WELL #8 CONSTRUCTION CONTRACTS 16,901.21 16,901.21 EVERGREEN LAND SERVICES FLAGSTAFF AVE PROFESSIONAL SERVICES 290.00 290.00 EVIDENT CRIME SCENE PRODUCTS GENERAL FUND BALANCE SHEET MN SALES TAX DUE 33.64- INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 551.14 517.50 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 600.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 600.00 1,200.00 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 79.54 79.54 FARMINGTON PRINTING INC ENGINEERING SERVICES OFFICE SUPPLIES 37.28 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 117.15 154.43 FASTENAL COMPANY FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 70.84 70.84 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/200710:03:03 Council Check Summary Page - 5 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount FRONTIER COMMUNICATIONS DOWNTOWN LIQUOR REV & EXP TELEPHONE 279.60 DOWNTOWN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 450.30 PILOT KNOB LIQUOR TELEPHONE 279.61 PILOT KNOB LIQUOR EQUIPMENT REPAIR SERVICE 108.00 1,117.51 FRONTIER COMMUNICATIONS-ACCESS POLICE ADMINISTRATION TELEPHONE 143.05 FIRE SERVICES TELEPHONE 143.06 INFORMATION TECHNOLOGY TELEPHONE 337.23 623.34 GILMER, DARREL BUILDING INSPECTIONS OTHER SUPPLIES & PARTS 75.00 75.00 GOLD COUNTRY ENGRAVERS RECREATION PROGRAM SERVICES OTHER SUPPLIES & PARTS 33.02 33.02 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 8,658.44 PILOT KNOB LIQUOR COST OF GOODS SOLD 16,464.70 25,123.14 GRIMM, JACOB S GENERAL FUND REVENUES REFUNDS & REIMBURSEMENTS 257.63 257.63 H&L MESABI SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 287.55 287.55 HAWKINS INC WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 5,216.14 5,216.14 HENNEPIN TECHNICAL COLLEGE FIRE SERVICES TRAINING & SUBSISTANCE 99.00 99.00 HERLOFSKYJR,PETERJ ADMINISTRATION CELLULAR PHONES 25.00 ADMINISTRATION TRAINING & SUBSISTANCE 10.00 ADMINISTRATION MILEAGE REIMBURSEMENT 67.02 102.02 HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 643.50 PILOT KNOB LIQUOR COST OF GOODS SOLD 700.75 1,344.25 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 6 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount HOME DEPOT STREET MAINTENANCE STREET MATERIALS 150.68 150.68 HYDRO METERING TECHNOLOGY WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 600.66 600.66 HYDRO-VAC INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 320.00 320.00 ICERINK SUPPLY CO ICE ARENA OPERATIONS EXPENSE BUILDING & STRUCTURE 1,398.06 1,398.06 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,376.00 5,376.00 IKON OFFICE SOLUTIONS ADMINISTRATION RENTAL OF EQUIPMENT 1,660.76 1,660.76 INTERNATIONAL CITY/COUNTY HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 10,712.00 10,712.00 INTERNATIONAL PUBLIC MGMT ASSO HUMAN RESOURCES SUBSCRIPTIONS & DUES 330.00 330.00 JIFFY-JR PRODUCTS ICE ARENA OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 21.47 21.47 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6,033.20 PILOT KNOB LIQUOR COST OF GOODS SOLD 8,299.68 14,332.88 KILBER, KIM SEWER OPERATIONS REVENUE ENTERPRISE SALES 43.35 43.35 KINDSETH, MARK FIRE SERVICES EQUIP SUPPLIES & PARTS 45.00 FIRE SERVICES TRAINING & SUBSISTANCE 261.75 FIRE SERVICES MILEAGE REIMBURSEMENT 87.90 394.65 KUYPER, STEVEN A PATROL SERVICES EQUIP SUPPLIES & PARTS 21.29 21.29 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 7 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount LARSON, LENA SOLID WASTE OPERATIONS MILEAGE REIMBURSEMENT 30.07 30.07 LASERSHARP INC RECREATION PROGRAM SERVICES EQUIPMENT REPAIR SERVICE 79.00 79.00 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 296.25 296.25 LEAGUE OF MINNESOTA CITIES - P GENERAL FUND REVENUES REFUNDS & REIMBURSEMENTS 28.63 28.63 LEAGUE OF MN CITIES INSURANCE INSURANCE INSURANCE DEDUCTIBLE 2,164.26 2,164.26 LEXISNEXIS INVESTIGATION SERVICES PROFESSIONAL SERVICES 150.00 150.00 L1FELOC TECHNOLOGIES INC PATROL SERVICES VEHICLE SUPPLIES & PARTS 95.00 95.00 LINDSTROM, RONALD FIRE SERVICES TRAINING & SUBSISTANCE 231.39 FIRE SERVICES MILEAGE REIMBURSEMENT 87.90 319.29 LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00 SOLID WASTE OPERATIONS POSTAGE 150.00 STORM WATER UTILITY OPERATIONS POSTAGE 150.00 WATER UTILITY EXPENSE POSTAGE 150.00 600.00 LOWRY NATURE CENTER RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 175.00 175.00 M W JOHNSON ESCROW FUND DEPOSITS PAYABLE 229.67 229.67 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 674.49 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 90.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 485.44 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 162.24 1,412.17 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 8 04/02/2007 - 04/15/2007 Vendor Business Unit Object Amount M. SHANKEN COMMUNICATIONS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6.25 PILOT KNOB LIQUOR COST OF GOODS SOLD 6.25 12.50 MACQUEEN EQUIPMENT SEWER OPERATIONS EXPENSE VEHICLE SUPPLIES & PARTS 376.72 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 598.17 974.89 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,195.70 PILOT KNOB LIQUOR COST OF GOODS SOLD 6,549.31 10,745.01 MAXIMUM VOLTAGE FIRE SERVICES EQUIPMENT REPAIR SERVICE 45.75 45.75 METROCALL INC INVESTIGATION SERVICES CELLULAR PHONES 15.72 15.72 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 512,399.25 512,399.25 MEYER,DAN FIRE SERVICES TRAINING & SUBSISTANCE 265.74 FIRE SERVICES MILEAGE REIMBURSEMENT 67.90 333.64 MIDLAND EQUIPMENT SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 113.96 113.96 MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 761.84 761.84 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 4,048.36 4,048.36 MN ASSOCIATION OF GOVERNMENT COMMUNICATIONS TRAINING & SUBSISTANCE 195.00 195.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 9 04/0212007 - 04/15/2007 Vendor Business Unit Object Amount MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24 1,314.24 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 129.40 129.40 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MOTOROLA CAPITAL ACQUISITION MACHINERY & EQUIPMENT 123,799.44 123,799.44 MUZAK - NORTH CENTRAL DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 60.23 117.21 MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 98.75 98.75 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 76.52 HUMAN RESOURCES CELLULAR PHONES 54.74 BUILDING INSPECTIONS CELLULAR PHONES 186.74 COMMUNITY DEVELOPMENT CELLULAR PHONES 38.18 PATROL SERVICES CELLULAR PHONES 815.19 FIRE SERVICES CELLULAR PHONES 570.26 ENGINEERING SERVICES CELLULAR PHONES 233.69 PARK MAINTENANCE CELLULAR PHONES 226.82 BUILDING MAINT SERVICES CELLULAR PHONES 92.44 RECREATION PROGRAM SERVICES CELLULAR PHONES 178.86 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.49 DOWNTOWN LIQUOR REV & EXP CELLULAR PHONES 16.08 SEWER OPERATIONS EXPENSE CELLULAR PHONES 128.50 SOLID WASTE OPERATIONS CELLULAR PHONES 316.11 WATER UTILITY EXPENSE CELLULAR PHONES 128.50 FLEET OPERATIONS CELLULAR PHONES 56.60 3,139.72 NORTHLAND CHEMICAL CORP BUILDING MAINT SERVICES CLEANING SUPPLIES 207.36 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 94.25 301.61 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12120071 0:03:03 Council Check Summary Page - 10 04/0212007 - 04/15/2007 Vendor Business Unit Object Amount NOVAK, TED PARK MAINTENANCE OTHER SUPPLIES & PARTS 95.81 95.81 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,318.85 BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 364.03 SEWER OPERATIONS EXPENSE BUILDING SUPPLIES & PARTS 455.06 SOLID WASTE OPERATIONS BUILDING SUPPLIES & PARTS 455.06 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 91.01 WATER UTILITY EXPENSE BUILDING SUPPLIES & PARTS 455.06 3,139.07 PATCHIN MESSNER & DODD FLAGSTAFF AVE PROFESSIONAL SERVICES 25,000.00 25,000.00 PAUSTIS WINE CO. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 448.32 448.32 PELLlCCI HARDWARE & RENTAL HUMAN RESOURCES OTHER 50.00 FIRE SERVICES BUILDING SUPPLIES & PARTS 23.16 73.16 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,489.85 PILOT KNOB LIQUOR COST OF GOODS SOLD 10,555.80 15,045.65 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 9,425.25 9,425.25 POLFUS IMPLEMENT INC. PARK MAINTENANCE EQUIP SUPPLIES & PARTS 648.69 648.69 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 12,895.96 EMPLOYEE EXPENSE FUND PERA 15,988.86 28,884.82 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 286.09 PILOT KNOB LIQUOR COST OF GOODS SOLD 756.36 1,042.45 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 16.82 PILOT KNOB LIQUOR BUILDING REPAIR SERVICE 37.26 54.08 R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12/20071 0:03:03 Council Check Summary Page - 11 04/0212007 - 04/15/2007 Vendor Business Unit Object Amount RIVERTOWN NEWPAPER GROUP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 15.30 PILOT KNOB LIQUOR COST OF GOODS SOLD 83.70 99.00 ROC INC FIRE SERVICES PROFESSIONAL SERVICES 573.13 573.13 ROLAND, ROBIN GENERAL ACCOUNTING TRAINING & SUBSISTANCE 20.00 GENERAL ACCOUNTING MILEAGE REIMBURSEMENT 33.95 53.95 RUTHERFORD,GARY PATROL SERVICES OTHER SUPPLIES & PARTS 62.78 PATROL SERVICES UNIFORMS & CLOTHING 467.24 530.02 SCHORZMAN, KEVIN ENGINEERING SERVICES MILEAGE REIMBURSEMENT 79.54 79.54 SIEM, NATE PATROL SERVICES TRAINING & SUBSISTANCE 97.57 97.57 SMICK, LEE PLANNING & ZONING MILEAGE REIMBURSEMENT 44.23 44.23 SMOKE-EATER PUBLICATIONS FIRE SERVICES SUBSCRIPTIONS & DUES 253.00 253.00 SPARTAN PROMOTIONAL GROUP INC DOWNTOWN LIQUOR REV & EXP ADVERTISING 338.56 338.56 SPECIALTY WINES AND BEVERAGES DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 801.03 801.03 SPRINT PATROL SERVICES CELLULAR PHONES 489.96 489.96 STREICHER'S PATROL SERVICES UNIFORMS & CLOTHING 1,346.04 1,346.04 SUNDANTZ CREATIONS 2007 GENERAL FUND BALANCE SHEET MN SALES TAX DUE 2.73- R55CKSUM LOG23000VO CITY OF FARMINGTON 04/12120071 0:03:03 Council Check Summary Page - 12 04/0212007 - 04/15/2007 Vendor Business Unit Object Amount PATROL SERVICES UNIFORMS & CLOTHING 79.73 77.00 SUNDE LAND SURVEYING INC ASH STREET PROJECT PROFESSIONAL SERVICES 4,167.00 4,167.00 TOLL GAS & WELDING SUPPLY PARK MAINTENANCE OTHER SUPPLIES & PARTS 43.59 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 78.98 122.57 TOTAL TOOL SUPPLY INC FLEET OPERATIONS PROFESSIONAL SERVICES 234.84 234.84 TRI COUNTY BEVERAGE & SUPPLY DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 100.20 PILOT KNOB LIQUOR COST OF GOODS SOLD 94.37 194.57 TROUBRADOR SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 75.00 75.00 TRUCOLOR STUDIO GENERAL FUND BALANCE SHEET MN SALES TAX DUE 6.50- POLICE ADMINISTRATION PROFESSIONAL SERVICES 106.50 100.00 UNITED PARCEL SERVICE POLICE ADMINISTRATION POSTAGE 18.51 18.51 UNITED STATES POSTAL SERVICE COMMUNICATIONS POSTAGE 2,000.00 2,000.00 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 15.06 15.06 VIDEOTRONIX INC BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 72.60 SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 90.75 SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 90.75 STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 18.15 WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 90.75 363.00 VISU-SEWER CLEAN & SEAL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 10,800.00 10,800.00 . . R55CKSUM LOG23000VO Vendor VOGEL, ROBERT C WELTER, PAT WHEELER HARDWARE COMPANY WINE MERCHANTS ZAHL-PETROLEUM MAINTENANCE CO ZARNOTH BRUSH WORKS INC ZEE SERVICE COMPANY CITY OF FARMINGTON 04/12120071 0:03:03 Council Check Summary Page - 13 04/0212007 - 04/15/2007 Business Unit Object Amount BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,000.00 1,000.00 SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 49.00 49.00 BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 151.02 151.02 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 230.03 PILOT KNOB LIQUOR COST OF GOODS SOLD 797.55 1,027.58 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 161.73 161.73 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 759.35 759.35 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 31.30 31.30 Report Totals 990,342.35 SODERBERG FOGARTY MCKNIGHT PRITZLAFF WILSON