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01.03.23 Council Packet
CITY OF Meeting Location: Farmington City Hall FARMINGTON r-- 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA January 3, 2023 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. Oath of Office 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve December 19, 2022, City Council Meeting Minutes— Administration Approved b) Annual Report—City Council, Boards and Commissions Attendance— Administration Information Received c) Adopt Ordinance Amending Title 1, Chapter 10 of the Farmington City Code Regarding Mayoral Salary—Administration Ord 023-771 d) Adopt Ordinance Amending Title 1, Chapters 6 and 7 of the Farmington City Code Regarding Re-establishment of the City Clerk Position—Administration Ord 023-772 e) Approve Temporary On-Sale Liquor License— Knights of Columbus— Administration Approved f) Approve Bills—finance Approved g) Approve Staff Changes and Recommendations—Human Resources Approved h) Adopt Ordinance Approving Cable Franchise Agreement for Hiawatha Broadband Communications - IT Ord 023-773 I) Adopt Resolution Accepting Donation from Finch & Daisy Consulting to the Rambling River Center—Parks and Recreation R01-23 j) Approve Contract with Playground Guardian for Park Protector Inspection Software—Parks and Recreation Approved k) Joint Powers Agreement with Dakota County for CR50/Flagstaff Avenue Modifications—Public Works Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Annual Organizational Matters-Administration R02-23 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 00 m O Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Lynn Gorski, City Administrator SUBJECT: Oath of Office DATE: January 3, 2023 INTRODUCTION Mayor Hoyt will call the meeting to order and City Administrator Gorski will administer the oath of office to the City Councilmembers who were elected in the November 2022 General Election. DISCUSSION The oath of office will be administered to- • Councilmember Holly Bernatz • Councilmember Nick Lien ACTION REQUESTED Councilmembers Bernatz and Lien will take the oath of office for their respective positions. OATH OF OFFICE For Nick Lien City Councilmember Of The City of Farmington I, Nick Lien, do solemnly swear that I will support the Constitution of the United States and the State of Minnesota, that I will faithfully and impartially discharge the duties of Councilmember in accordance with the Law and to the best of my judgment and ability. So Help Me God. Appointee Signature OATH OF OFFICE For Holly Bernatz City Councilmember Of The City of Farmington I, Holly Bernatz, do solemnly swear that I will support the Constitution of the United States and the State of Minnesota, that I will faithfully and impartially discharge the duties of Councilmember in accordance with the Law and to the best of my judgment and ability. So Help Me God. i p intee Sig ature CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 �® Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Administrative Assistant SUBJECT: Approve December 19, 2022, City Council Meeting Minutes-Administration DATE: January 3, 2023 INTRODUCTION Attached for your review are the minutes of the December 19, 2022, city council meeting. DISCUSSION N/A BUDGET IMPACT N/A ACTION REQUESTED Approve the minutes of the December 19, 2022, city council meeting. ATTACHMENTS: Type Description D Exhibit Meeting Minutes COUNCIL MINUTES REGULAR December 19, 2022 1. CALL TO ORDER The meeting was called to order by Mayor Hoyt at 5:00 p.m. 2. PLEDGE OFALLEGIANCE Mayor Hoyt led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Hoyt, Lien, Porter, Wilson Members Absent: Bernhjelm Also Present: Leah Koch, City Attorney; Lynn Gorski, City Administrator; Chris Regis, Finance Director; Deanna Kuennen, Community Development Director;John Powell; Public Works Director; Kellee Omlid, Parks and Recreation Director;Jim Constantineau, Deputy Police Chief;Justin Elvestad, Fire Chief; Cynthia Muller, Administrative Assistant Audience: 4. APPROVE AGENDA MOTION by Lien, second by Porter to approve the agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Lien to approve the Consent Agenda as follows: a) Approved December 5, 2022, City Council Work Session and Meeting Minutes— Administration b) Adopted RESOLUTION R87-22 Approving Gambling Premise Permit—Farmington Wrestling—Administration C) Adopted RESOLUTION R88-22 Approving Gambling Premise Permit—Farmington Firefighters Relief Association—Administration d) Approved Contract for Planning Augmentation Services—Community Development e) Approved Bills—Finance f) Approved Removal of Temporary Pay Adjustment—Human Resources g) Approved Staff Changes and Recommendations—Human Resources h) Adopted RESOLUTION R89-22 Accepting Donation from the Louis Schmitz Foundation to the Youth Scholarship Program—Parks and Recreation i) Approved Agreement with Youth Sports Plus for Video Services at Schmitz-Maki Arena—Parks and Recreation D Approved Transfer of General Fund Money—Police k) Approved Request for Statement of Qualifications (SOQ)to Provide Professional Services—Public Works Council Minutes(Regular) December 19,2022 Page 2 1) Approved Proposal from Goodpointe Technology for 2023 PCI Survey—Public Works APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Playground Equipment for Flagstaff Meadows Park—Parks and Recreation Staff solicited proposals from eight companies for the purchase, freight and installation of new playground equipment for Flagstaff Meadows Park. This park is located south of Farmington High School in the Regetta Fields and Whispering Fields developments. Proposals were received from five companies. Companies could submit two proposals, one for separate 2-5 year and 5-12-year-old children play structures and a second for a large combined multi-generational play structure. Playground equipment is not standardized as each company has unique equipment. Some play components are proprietary, so they can't be matched by other companies. This is the reason proposals were requested with an identified not to exceed amount of$100,000. Because each company has unique playground equipment, each proposal has a unique look to it with different play components. Selection criteria identified in the RFP for this project included: - Best meets a nature theme - Most innovative and/or uniquely designed - Unique Play Opportunities compared to existing structures within the park system - Site compatibility - Play opportunities - Cost vs. relative play value - Can submit a proposal to purchase and install the playground equipment and resilient surface wear mats that does not exceed $100,000 total cost estimate for play structure(s) - The warranty coverage time period The Parks and Recreation Commission selected playground equipment that is manufactured by PlayPower LT and sold by Northland Recreation. The cost to purchase the playground equipment including freight and installation is $100,000. The commission felt this playground equipment best met the following selection criteria: Council Minutes(Regular) December 19,2022 Page 3 - Unique play opportunities compared to existing structures within the park system - Total number of play opportunities - Cost vs. relative play value - The nature theme Councilmember Wilson noted staff did good work on so many different levels. He was nervous with setting a price point and asked if we can expect overruns? Director Omlid stated January 1 the price is going up 5%. If we approve this tonight we are locked in with the price. She doesn't anticipate overages. Councilmember Wilson stated the community does a nice job in the 2-12 age range. What is attractive to 12-15 age range? Director Omlid stated some parks put up poles and let the kids put up their hammocks, some have adventure rope challenges. Councilmember Wilson added trails cover the 30-80 age range. Director Omlid noted there are loops in the park and a direct path to the playground. An RFP for the trails will be sent out in January 2023. Councilmember Porter stated this is nice work and mentioned her kids like the proposed equipment. Councilmember Lien appreciated the process and wanting to push the nature theme. The commission settled on a little bit of everything. Mayor Hoyt thanked Director Omlid and the Parks and Rec Commission. This process was definitely more thorough. He noted the wide swing in pricing on the proposals. Director Omlid noted there was also a wide swing in proposed equipment compared to cost. MOTION by Porter, second by Wilson to approve the purchase of Flagstaff Meadows Park playground equipment and installation from Northland Recreation at a cost of$100,000. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Lien: Thank you to the Police Department and volunteers for their work on Toys for Town. Porter: Toys for Town was very fun and was proud to be part of it. Thank you to staff for coming. Wilson: Toys for Town was amazing and he was glad to help with the event. The meaning comes full circle when deliveries are made to the families. It is unbelievable how Farmington cares and supports families. Koch: Encouraged residents to keep an eye on when the Judicial Committee is accepting applications for judges. Gorski. Thank you to Councilmember Katie Bernhjelm for her service on the Council. City offices will be closed December 23 and 26, and January 2. The next City Council meeting will be January 3, 2023. Council Minutes(Regular) December 19,2022 Page 4 Kuennen: We hosted two public open houses for a potential downtown project that went very well. Powell. We have a program for replacement of street signs and that will be completed over winter. The tree project is complete. We are working on bids for replacement of sidewalk panels. Omlid. Last week MinnWest Bank donated $16,000 to the Rambling River Center for the new van. Also Finch and Daisy donated $2,500 to the Rambling River Center. We will be flooding outside rinks on Friday if weather permits. Regis: Finance is preparing for year end. Elvestad: Urged residents to clear the snow from fire hydrants and to check their smoke alarms. Constantineau: This was the 35th year for Toys for Town and it was amazing. This community never ceases to amaze. It is as much a benefit for those that wrap the gifts as it is for those that receive them. Donations kept coming in. I am very proud to serve this community. Hoyt: There is always a lot going on this time of year. Riverview Elementary held a gingerbread building viewing. They are placed at businesses throughout the community. A huge thank you to streets and parks teams for the hours spent on snow removal. Toys for Town is special as he was a recipient of the program at a young age. There is a ton of work that goes into it. Within a half hour the list of names were taken for wrapping and delivery. He urged parents to explain the program to their kids and it will become a life-long event. Thank you to all who donated and helped the day of this event. 14. ADJOURN MOTION by Wilson, second by Porter to adjourn at 5:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia AuCCer Cynthia Muller Administrative Assistant CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 OFarmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Administrative Assistant SUBJECT: Annual Report—City Council, Boards and Commissions Attendance-Administration DATE: January 3, 2023 INTRODUCTION Section I X of the Council By-laws calls for the submittal of a report stating the number of meetings and the attendance records for the City Council and various board and commission members. DISCUSSION The 2022 attendance record for all seats on the City Council and boards and commissions is as follows: CITY COUNCIL Mayor Hoyt Present 45 out of 45 meetings Councilmember Bernhjelm Present 31 out of 45 meetings Councilmember Lien Present 42 out of 45 meetings Councilmember Porter Present 34 out of 45 meetings Councilmember Wilson Present 45 out of 45 meetings ECONOMIC DEVELOPMENT AUTHORITY Mayor Hoyt Present 7 out of 7 meetings Councilmember Bernhjelm Present 5 out of 7 meetings Councilmember Lien Present 6 out of 7 meetings Councilmember Porter Present 4 out of 7 meetings Councilmember Wilson Present 7 out of 7 meetings PARKS AND RECREATION ADVISORY COMMISSION Ashley Crabtree Present 14 out of 15 meetings Elizabeth Koss Present 14 out of 15 meetings Katie Putt Present 13 out of 15 meetings Kate Caron Present 12 out of 15 meetings David McMillen Present 14 out of 14 meetings PLANNING COMMISSION Dirk Rotty Present 13 out of 13 meetings LeeAnn Lehto Present 12 out of 13 meetings Phil Windschitl Present 11 out of 13 meetings Krista Tesky Present 10 out of 13 meetings Rebecca McAbee Present 9 out of 12 meetings RAMBLING RIVER CENTER ADVISORY BOARD Pat Hennen Present 11 out of 13 meetings Marge Koski Present 10 out of 13 meetings Pennie Page Present 11 out of 13 meetings Blanche Reichert Present 12 out of 13 meetings Larry Smith Present 9 out of 12 meetings Mary Garlets Present 9 out of 9 meetings Judy Janke Present 3 out of 5 meetings WATER BOARD Mitchell Snobeck Present 8 out of 9 meetings Bill Weierke Present 8 out of 9 meetings Lacelle Cordes Present 8 out of 9 meetings BUDGET IMPACT The stipend amount is included in the 2022 budget. ACTION REQUESTED For City Council information. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 I O Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Julie Flaten, Assistant City Administrator/Human Resource Director SUBJECT: Approve an Ordinance Amending Title 1, Chapter 10 of the Farmington City Code Regarding Mayoral Salary-Administration DATE: January 3, 2023 INTRODUCTION On January 3, 2022 the City Council approved an ordinance adjusting the salary of the mayor to the same level as city council members at the request of Mayor Hoyt. Per state statute,this change can stay in place for up to 12 months by ordinance and become effective upon its passage and publication. DISCUSSION Farmington city code sets the salary for the mayor at$8,040 per year and $7,020 per year for council members. Mayor Hoyt has requested the city council once again adjust the salary for the mayor to $7,020 per year. The requested adjustment would run from February 1, 2023 through January 31, 2024. BUDGET IMPACT If approved,the salary adjustment would result in a $1,020 savings. ACTION REQUESTED Approve the ordinance amending Title 1, Chapter 10 of the Farmington city code regarding mayoral salary as well as the summary ordinance for publication. ATTACHMENTS: Type Description D Ordinance Mayoral Salary Ordinance D Backup Material Mayoral Salary Ordinance Summary Publication CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. 023-771 AN ORDINANCE AMENDING TITLE 1, CHAPTER 10, OF THE FARMINGTON CITY CODE REGARDING MAYORAL SALARY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 1 -Administrative, Chapter 10—Salaries,Mayor and Council Members, Section 1-10-1 - Salaries is hereby amended by adding the underlined language and deleting the striletIffeugh language as follows: 1-10-1: SALARIES: (A) The monthly gross salaries for mayor and council shall be as follows: Mayor $670.00 per month Council Member $585.00 per month (B) The monthly salary of the Mayor shall temporarily be reduced to $585.00 until January 31, 202-34. At the end of this period,the Mayor's monthly salary shall return to the amount stated in Section 1-10-1 (A)pursuant to Minnesota Statute Section 415.11 subd. 3. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 3�day of ,2023,by the City Council of the City of Farmington,Minnesota. 617) CITY OF FARMINGTON By: os a Hoyt,May ATTEST: By: rut Piski, City Administrator (SEAL) Approved as to form the 4th day of January ,2023. By: (�ax el J. Jammlc,C Attorney Suimnaq published in the Dakota County Tribune the 134h day of a ,2023. 224523v1 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 023-771 AN ORDINANCE AMENDING TITLE 1,CHAPTER 10, OF THE FARMINGTON CITY CODE REGARDING MAYORAL SALARY NOTICE IS HEREBY GIVEN that, on January 3, 2023, Ordinance No. 023-771 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. the following summary of the ordinance has been prepared for publication: NOTCE IS FURTHER GIVEN the ordinance provides for the temporary(12 month) reduction in compensation for the Mayor as provided in the City Code. As requested by Mayor Hoyt,the ordinance reduces the Mayoral salary to the same amount provided to City Councilmembers. The Ordinance will go into effect immediately upon passage and publication as authorized by law. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. APPROVED for publication by the City Council of the City of Farmington, Minnesota,this 3rd day of January, 2023. CITY OF FARMINGT By: Joshd Hoyt, Ma or ATTEST: By: Lynn orski ityAdministrator (SEAL) Approved as to form the 4th day of January, 2023, By. Joel .�Jamnfk, City Attorney �h Published in the Dakota County Tribune the %3 day of January 2023. 2133810 CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Julie Flaten, Assistant City Administrator/Human Resource Director SUBJECT: Approve an Ordinance Amending Title 1, Chapters 6 and 7 of the Farmington City Code Regarding Re-establishment of the City Clerk Position -Administration DATE: January 3, 2023 INTRODUCTION The city is proposing to create a City Clerk position to be filled in 2023 when the Administrative Assistant position is vacant. Farmington city code designates the City Administrator as the City Clerk. DISCUSSION Farmington city code designates the Clerk-Treasurer duties to the City Administrator. The requested amendment will separate these duties and remove the designation of City Clerk from the City Administrator. This change will then designate the City Administrator as the Deputy City Clerk. This allows for the City Clerk to be a separate position. Upon Cindy Muller's retirement in March of 2023,we propose hiring a City Clerk to fill that role. This position will report to the Assistant City Administrator/Human Resources Director. A job description has been created and the city's consultant has banded the position to establish a wage scale. The ordinance amendment also removes language regarding purchasing limitations and refers to the city's purchasing policy for limitations. BUDGET IMPACT Wages are included in the 2023 budget. ACTION REQUESTED Approve the Ordinance Amending Title 1, Chapters 6 and 7 of the Farmington City Code Regarding Re- establishment of the City Clerk Position-Administration. ATTACHMENTS: Type Description D Backup Material City Clerk Position Ordinance Summary Publication D Ordinance City Clerk Position Ordinance CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. 023-772 AN ORDINANCE AMENDING TITLE 1, CHAPTERS 6 and 7, OF THE FARMINGTON CITY CODE REGARDING RE-ESTABLISHMENT OF THE CITY CLERK POSITION THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title I —Administrative, Chapter 6—Officers, Section 1-6-2—Clerk-Treasurer is hereby amended by adding the underlined language and removing the strikethrough language as follows: 1-6-2: CLERK-and TREASURER: The clerk- and treasurer shall perform the following duties and such other duties as may be required of Idin them by the provisions of the city charter and this code (A) Treasurer: 1. Receive and safely keep all monies belonging to the city;keep an accurate account of monies received and disbursed, and report from time to time to the council in detail such receipts and expenditures. 2 Financial records in electronic format in which he or she shall enter all money transactions of the cily including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn with their payee and object. 3. Treasurer is also responsible for all duties listed in Minn. Stat. 4412.141. 4 The city council may designate the city administrator as treasurer or deputy treasurer. (B) Clerk: 1. Give the required notice of each regular and special election,record the proceedings thereof,notify officials of their election or appointment to office, certify to the county auditor all appointments and the results of all city elections. (C)2. Keep the following records: 1a. Minutes in electronic format,noting therein all proceedings of the council; -2b. Ordinances in electronic format, in which he or she shall record at length all ordinances passed by the council; of the eily ineluding the dates and ametmfs of all Y-eeeipts and the per-son f+effi Whom the money was feeei-ved and aR orders drawn v��theif payee and e4j-ec+. (D)3. Act as the clerk and bookkeeper of the city, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances and resolutions as may be required and shall perform such other appropriate duties as may be imposed upon him or her by the council. 4. Clerk is further responsible for all duties listed in Minn. Stat. §412.151. 5. The city council mgy designate the city administrator as clerk or deputy cleric. SECTION 2. Title 1 —Administrative, Chapter 7—City Administrator, Section 1-7-3 —Powers and Duties,Limitations sections (L) and (P) are hereby amended by adding the underlined language and removing the strikethrough language as follows: 224475v2 1-7-3: POWERS AND DUTIES,LIMITATIONS: The city administrator shall be the head of the department of administration and the chief administrative officer of the city, and pursuant to this position shall perform the duties set out in the following subsections: (L) All purchases and acquisitions made for, or in the name of,the city, other than those made from petty cash funds, shall be made under the direction of the city administrator unless otherwise directed by the city council. All such purchases made shall meet the conditions set forth in the following subsections unless otherwise directed by the city council: 1. Before service, equipment, or supplies maybe ordered,the head of the department or division for which said service, equipment, or supplies are ordered must recommend that the order be placed. Any service,equipment, or supplies to be acquired must be necessary to the operation of the department and must be within the limits established by the department budget. 2. Where equipment is ordered to replace obsolete, damaged, or worn out equipment, as appropriate,the new equipment shall be as equal in design and function to the equipment which it replaced. 3. All purchases and contracting for the city must comply with the city's Purchasing Policy as it may be amended from time to time. Wher-etheremore4 one feasible seufee of s"Y'J' fef a"i4em having a eost of three hundred dollafs ($300.00) or more,the eity admirAstr- shall request price quotations from at least two (2) sourees and shall place the order-at the 4. The eity administratei:shall have the auther-ity to sig%pur-ehase ofders for-routine selmviee-� kes foF vAiieh the eesi does iiet eiEeeed five hundfed dollars ($500.00). 55-. All claims resulting fiom orders placed by the city administrator shall be audited for payment by the city council. 55. Where bidding is required,bidding procedures shall be consistent with Minnesota statutes. (P) The city administrator shall be designated as the elerk—treasurer and deputy clerk and shall assume all duties commensurate therewith as provided by Minnesota statutes creating and defining an optional "A" type of government. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 3 d y of _,2023,by the City Council of the City of Farmington,Minnesota. CITY OF FARMINGTON By: iva Ho ,Mayor 224475v2 ATTEST: 4 By: 6201--2�' LytV Gorski,City Administrator (SEAL) Approved as to form the 4th day of January '2023. By: "foe,J. Jamnik, 01ty Attorney Summary published in the Dakota County Tribune the /3 day of 12023. 224475v2 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 023-772 AN ORDINANCE RE-ESTABLISHING THE CITY CLERK POSITION NOTICE IS HEREBY GIVEN that, on January 3, 2023, Ordinance No. 023-772 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 023-772 the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN the ordinance re-establishes the position of city clerk and separates the duties between clerk and treasurer and amends the powers, duties and limitations of the city administrator with regard to making purchases for the city and notes the city administrator shall be designated as the treasurer and deputy clerk. A printed copy of the whole ordinance is available for inspection by any person during the city's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 3rd day of January, 2023. CITY OF FARMINGTON By: J shua Hoyt, Ma ATTEST: By: Lyn orski City Administrator SEAL Approved as to form the 4th day of January 2023. By: Joel J.Ja'Mrilk,115ty Attorney Published in the Dakota County Tribune the /3��` day of 2023. CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 OFarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Administrative Assistant SUBJECT: Approve Temporary On-Sale Liquor License—Knights of Columbus-Administration DATE: January 3, 2023 INTRODUCTION The Knights of Columbus are requesting a Temporary On-Sale Liquor License for a fundraiser. DISCUSSION The Knights of Columbus are requesting a Temporary On-Sale Liquor License for a fundraiser to be held on February 25, 2023, at 22120 Denmark Avenue. Per State Statute, a Temporary On-Sale Liquor License must first be approved by the city and then forwarded to the state for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore,the city has not established a fee for a Temporary On-Sale Liquor License. ACTION REQUESTED Approve the attached application for a Temporary On-Sale Liquor License for the Knights of Columbus for their fundraiser on February 25, 2023. ATTACHMENTS: Type Description D Exhibit Application Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street,Suite 222,St.Paul,MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 141cohoiit<Gam6lingEnforcement' APPLICATION AND PERMIT FORA 7 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number OF LIFm US 011M1►J 0 [:Tf 1 a Address City State Zip Code 2 2 2, F;. s, 'SMI NCx�0/J�I Minnesota15,502.4 Name of person making application Business phone Home phone Date(s)of event Type of organization ''Z,- 2-5— 2 ❑ Club `Charitable n Religious F1 Other non-profit Organization officer's name City ✓ State _ Zip Code .y,,,,(�yy"" �blD2 -1 �J 1rj 1 ��. '�WCmI Minnesota Organization off{cer's name City State Zip Code Minnesota Organization offlcer's name City State Zip Code 'G V4 Minnesota Organization officer's name City State Zip Code Minnesota rj Location where permit will be used. If an tdoor area,describe. Gloluac,�, 0 P 1�-�rnl��n (Y1IJ SS®Z�f If the applicant will contract for Intoxicating liquor service give the name and addre3�sbf the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Q, ORX 5�� � SImo, CNN, APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT i City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address i City or County Phone Number i Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE;Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL,APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE TEMPORARYAPPLICATIONt@STATE.MN.US CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 u ® Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Chris Regis, Finance Director SUBJECT: Approve Bills- Finance DATE: January 3, 2023 INTRODUCTION Attached is the December 13, 2022—December 26, 2022 city council check register and recently processed automatic payments for your review. DISCUSSION N/A BUDGET IMPACT N/A ACTION REQUESTED Approve the attached payments. ATTACHMENTS: Type Description D Backup Material Council Check Summary R55CKS2 LOGIS600V COUNCIL MEETING JAN 3,2023 CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 101312 12/16/2022 100493 BELLBOY CORPORATION 2,258.45 LIQUOR&SPIRITS ORDER 208646 0097554700 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 203.70 BAG ORDER 208647 0106100400 6110 6250 OTHER SUPPLIES&PARTS DOWNTOWN LIQUOR REV&EXP 06100 02 234.21 LIQUOR SUPPLIES&MIXES ORDER 208647 0106100400 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 173.30 LIQUOR SUPPLIES&MIXES ORDER 208688 0106106100 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 43.75 BAG ORDER 208688 0106106100 6115 6250 OTHER SUPPLIES&PARTS PILOT KNOB LIQUOR 06100 02 258.15 LIQUOR&SPIRITS ORDER 208689 0097568300 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 384.21 LIQUOR SUPPLIES&MIXES ORDER 208813 0106142700 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 147.20 BAG ORDER 208813 0106142700 6115 6250 OTHER SUPPLIES&PARTS PILOT KNOB LIQUOR 06100 02 846.30 LIQUOR&SPIRITS ORDER 208816 0097668200 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 4,549.27 101313 1211612022 117735 CLEAR RIVER BEVERAGE 311.25 BEER ORDER 208797 663885 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 311.25 101314 12/16/2022 100071 COLLEGE CITY BEVERAGE INC 8,980.95 BEER ORDER 208638 857050 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 493.10 BEER ORDER 208644 857049 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 34.45- BEER ORDER CREDIT 208645 857221CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 344.40 BEER ORDER 208674 857211 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 7,610.75 BEER ORDER 208690 857212 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,914.00- BEER ORDER CREDIT 208694 857497 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,877.60 BEER ORDER 208695 857498 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 10,305.25 BEER ORDER 206795 859218 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 426.80 BEER ORDER 208796 859217 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 165.00 BEER ORDER 208798 859747 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 787.00 BEER ORDER 208815 859398 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 19.20- BEER ORDER CREDIT 208819 1543-00194 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 10,496.20 BEER ORDER 208821 859399 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 39,519.40 101315 12/16/2022 117835 DATAWORKS PLUS,LLC 2,782.80 LIVESCAN SERVICE CONTRACT 208632 22-1818 1050 6560 CONTRACTUAL SERVICES POLICE ADMINISTRATION 01000 05 2,782.80 101316 12/16/2022 100022 FARMINGTON PRINTING INC 106.00 NAME PLATES 208310 14443 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 106.00 101317 12/16/2022 118262 GORSKI,LYNN 52.66 2022 ELECT LUNCH 208758 20221107 GORSKI 1013 6210 OFFICE SUPPLIES ELECTIONS 01000 01 52.66 101318 12/16/2022 109232 HELM ELECTRIC INC R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 2 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 1,475.61 HEATER/THERMOSTAT WELL 8 208622 151698 6502 6950 MACHINERY,EQUIPMENT&TOOLS WATER UTILITY EXPENSE 06500 08 5,766.16 EVRGRN KNLL-BTHHSE DEMO 208722 15166B 7600 6515 27007 BUILDING REPAIR/MAINTENANCE FEDERALAID-COVID19 07600 02 1,057.73 RINK LIGHT REPAIR 208740 15168B 1090 6515 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE 01000 09 265.02 PARKING LOT LIGHT REPAIR 208742 151658 1090 6535 OTHER REPAIR/MAINTENANCE PARK MAINTENANCE 01000 09 302.17 RELAY REPAIR IN BATHROOM 208743 15167B 1015 6515 BUILDING REPAIR/MAINTENANCE CITY HALL 01000 01 8,866.69 101319 12/16/2022 112416 IMPACT MAILING OF MN,INC 99.06 NOV'22 UB MAIL PREP 208625 203153 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 06200 08 99.06 NOV'22 UB MAIL PREP 208625 203153 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 99.06 NOV'22 UB MAIL PREP 208625 203153 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 282.28 NOV'22 UB BILL POSTAGE 208625 203153 6502 6445 POSTAGE/SHIPPING FEES WATER UTILITY EXPENSE 06500 08 282.28 NOV'22 UB BILL POSTAGE 208625 203153 6402 6445 POSTAGE/SHIPPING FEES STORM WATER UTILITY OPERA 06400 08 282.27 NOV'22 UB BILL POSTAGE 208625 203153 6202 6445 POSTAGE/SHIPPING FEES SEWER OPERATIONS EXPENSE 06200 08 1,144.01 101320 12/16/2022 110525 IN-SITU INC 100.00 DEC'22 CELL SVS.WTR LVS SFTWR 208853 HV12017 6502 6505 EQUIPMENT REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 100.00 101321 12/16/2022 111268 LUTZ,CHRISTOPHER 24.71 EM CLASS LUNCHES 208779 20221206 LUTZ 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 24.71 101322 12/16/2022 107747 M.AMUNDSON LLP 1,196.97 CIGARETTES&POP ORDER 208818 353444 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,196.97 101323 12/16/2022 115396 MACQUEEN EMERGENCY GROUP 128.45 FIRE EQUIPMENT 208580 P08626 1060 6250 OTHER SUPPLIES&PARTS FIRE SERVICES 01000 06 129.42 RESCUE DUMMY OUTFIT 208582 P08630 1060 6220 EQUIP SUPPLIES&PARTS FIRE SERVICES 01000 06 2,151.85 PRESSURE GAUGE REPAIR LADDER 1 208583 W04589 1060 6510 1 OUTSIDE VEHICLE REPAIR/MAINT FIRE SERVICES 01000 06 2,409.72 101324 12/16/2022 115734 MINNESOTA OCCUPATIONAL HEALTH 384.00 NOV'22 EMPLOYMENT TESTING 206629 413313 1011 6405 EMPLOYMENT TESTING HUMAN RESOURCES 01000 04 384.00 101325 12/16/2022 100070 MINNESOTA VALLEY TESTING LABORATORIES 95.02 BAC-T SAMPLE(7) 208368 1175143 6502 6535 OTHER REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 95.02 101326 12/16/2022 110692 MOBILE MINI,INC 1,692.00 WARMING HOUSE RETNAL DEC 22 208751 9016145106 1090 6555 RENTAL OF EQUIPMENT PARK MAINTENANCE 01000 09 1,692.00 101327 12/16/2022 107446 PIZZA MAN R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 3 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 992.51 RRC BREAKFAST 22 208627 RRC SR BRKFST'22 4502 6570 PROGRAMMING EXPENSE RRC CAPITAL IMPROVEMENT F 04500 09 297.00 B/C MEETING,RECEPTION 208874 2022 BD COMM 1010 6480 MEETING EXPENSE ADMINISTRATION 01000 01 RECEPTION 1,289.51 101328 12/16/2022 100125 R&R SPECIALTIES OF WISCONSIN INC 82.50 ZAMBONI BLADE SHARPEN 208331 0077310-IN 2502 6505 EQUIPMENT REPAIR/MAINTENANCE ICE ARENA OPERATIONS EXPE 02500 09 82.50 101329 12/16/2022 117564 RECYCLE MINNESOTA LLC 228.80 NOV 22'TRANSLOAD FEES 208609 3462-1091 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 228.80 101330 12/1612022 108670 TERMINAL SUPPLY COMPANY 162.54 SUPPLIES FOR STOCK 208472 90307-00 7200 6230 VEHICLE SUPPLIES&PARTS FLEET OPERATIONS 07200 08 162.54 101331 12/16/2022 109522 TRI-STATE BOBCAT INC 53,755.00 F#0951 2022 BOBCAT TOOLCAT 207508 S34972 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 53,755.00- F#0951 2022 BOBCAT TOOLCAT 207508 S34972 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 53,755.00 F#0951 2022 BOBCAT TOOLCAT 207508 S34972 5602 6950 MACHINERY,EQUIPMENT&TOOLS GEN CAPITAL EQUIP FUND EX 05600 64,182.85 F#0952 2022 BOBCAT TOOLCAT 207509 S34971 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 64,182.85- F#0952 2022 BOBCAT TOOLCAT 207509 534971 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 64,182.85 F#0952 2022 BOBCAT TOOLCAT 207509 534971 5602 6950 MACHINERY,EQUIPMENT&TOOLS GEN CAPITAL EQUIP FUND EX 05600 5,615.60 BROOM FOR TOOLCAT 207510 S34970 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 5,615.60- BROOM FOR TOOLCAT 207510 S34970 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 5,615.60 BROOM FOR TOOLCAT 207510 S34970 5602 6950 MACHINERY,EQUIPMENT&TOOLS GEN CAPITAL EQUIP FUND EX 05600 5,615.60 NEW BROOM FOR TOOLCAT 207511 S34969 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 5,615.60- NEW BROOM FOR TOOLCAT 207511 S34969 1090 6950 MACHINERY,EQUIPMENT&TOOLS PARK MAINTENANCE 01000 09 5,615.60 NEW BROOM FOR TOOLCAT 207511 S34969 5602 6950 MACHINERY,EQUIPMENT&TOOLS GEN CAPITAL EQUIP FUND EX 05600 129,169.05 101332 12/16/2022 108808 VINOCOPIA,INC 1,250.58 WINE ORDER 208710 0319080-IN 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 873.13 WINE ORDER 208814 0319076-IN 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,123.71 101333 12/16/2022 111267 WATER CONSERVATION SERVICE,INC 486.25 LEAK DETECTION DUNBAR AVE 208607 12752 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 486.25 101334 12/23/2022 103089 BOUND TREE MEDICAL LLC 230.85 MEDICAL SUPPLIES 208588 84778101 1060 6250 OTHER SUPPLIES&PARTS FIRE SERVICES 01000 06 230.85 101336 12/23/2022 100263 CAMPBELL KNUTSON,P.A. R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 4 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 2,251.80 NOV-22 LEGAL FEES-GENERAURETN 208628 1852-000OG NOV'22 1005 6403 LEGAL LEGISLATIVE CONTROL 01000 01 757.53 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-0000G NOV'22 1010 6403 LEGAL ADMINISTRATION 01000 01 278.80 NOV'22 LEGAL FEES-GENERAL/RETN 208628 1852-000OG NOV'22 1011 6403 LEGAL HUMAN RESOURCES 01000 04 1,034.94 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-D000G NOV'22 1030 6403 LEGAL PLANNING&ZONING 01000 03 177.00 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-000OG NOV'22 1031 6403 LEGAL BUILDING INSPECTIONS 01000 07 201.50 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-D000G NOV'22 1050 6403 LEGAL POLICE ADMINISTRATION 01000 05 798.43 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-D000G NOV'22 1060 6403 LEGAL FIRE SERVICES 01000 06 911.03 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-000OG NOV'22 1070 6403 LEGAL ENGINEERING SERVICES 01000 07 177.00 NOV'22 LEGAL FEES-GENERAURETN 208628 1852-000OG NOV'22 1094 6403 LEGAL PARK&RECREATION ADMIN 01000 09 1,531.30 NOV-22 LEGAL FEES-POLICE 208789 1852-0004G NOV'22 1050 6403 LEGAL POLICE ADMINISTRATION 01000 05 7,953.96 NOV-22 LEGAL FEES-PROSECUTION 208790 1852-0999G NOV'22 1050 6403 LEGAL POLICE ADMINISTRATION 01000 05 16,073.29 101336 12/23/2022 113199 LUBE-TECH&PARTNERS,LLC 900.68 GEAR OIL 208487 3073972 7200 6274 LUBRICANTS&ADDITIVES FLEET OPERATIONS 07200 08 900.68 101337 12/23/2022 113031 NRG RELIABILITY SOLUTIONS LLC 1,376.70 NOV-22 ELEC CMF 208755 3347-2212 6502 6422 ELECTRIC WATER UTILITY EXPENSE 06500 08 38.24 NOV'22 ELEC CMF 208755 3347-2212 6402 6422 ELECTRIC STORM WATER UTILITY OPERA 06400 08 57.36 NOV'22 ELEC CMF 208755 3347-2212 6202 6422 ELECTRIC SEWER OPERATIONS EXPENSE 06200 08 100.19 NOV'22 ELEC CMF 208755 3347-2212 1090 6422 ELECTRIC PARK MAINTENANCE 01000 09 38.25 NOV'22 ELEC CMF 208755 3347-2212 1072 6422 ELECTRIC STREET MAINTENANCE 01000 08 1,461.92 NOV'22 ELEC LAW ENFORCE CNTR 208785 3346-2212 1050 6422 ELECTRIC POLICE ADMINISTRATION 01000 05 3,072.66 101338 12/23/2022 100125 R&R SPECIALTIES OF WISCONSIN INC 60.00 ZAMBONI BLADE SHARPEN 208732 0077444-IN 2502 6505 EQUIPMENT REPAIR/MAINTENANCE ICE ARENA OPERATIONS EXPE 02500 09 60.00 101339 12/23/2022 108450 WSB&ASSOCIATES INC 37.75 OCT'22 SVS:MS4 IMPLEMENTATION 208778 R-020038-000-8 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 37.75 159224 12/16/2022 100058 ADVANCE AUTO PARTS 34.14 WIPER BLADES FOR 0933 208611 2131-607108 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 13.05 HOSE FOR 0925 208611 2131-607108 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 134.19 BATTERY FOR 0927 208612 2131-606290 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 20.70 HEADLIGHT BULBS FOR 0745 208613 2131-606284 1076 6230 VEHICLE SUPPLIES&PARTS NATURAL RESOURCES 01000 07 6.78 MARKER LIGHTS FOR 0708 208613 2131-606284 1072 6230 VEHICLE SUPPLIES&PARTS STREET MAINTENANCE 01000 08 155.99 BATTERY FOR 0933 208614 2131-606986 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 10.00- BATTERY CORE RETURN FOR 5325 208615 2131-606225 CR 1051 6220 EQUIP SUPPLIES&PARTS PATROL SERVICES 01000 05 21.42 WIPER BLADES FOR 4794 208616 2131-607628 1060 6230 VEHICLE SUPPLIES&PARTS FIRE SERVICES 01000 06 14.44 LICENSE PLATE LIGHT FOR 4781 208617 2131-606404 1060 6230 VEHICLE SUPPLIES&PARTS FIRE SERVICES 01000 06 51.45 HVAC BELTS 208739 2131-606079 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 5 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 335.70 SMALL ENGINE FUEL 208871 1596-361815 1060 6250 OTHER SUPPLIES&PARTS FIRE SERVICES 01000 06 777.86 159225 12/16/2022 113303 ARTISAN BEER COMPANY 125.00 BEER ORDER 208667 3575214 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 763.20 BEER ORDER 208810 3575072 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,372.30 BEER ORDER 208833 3576374 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,260.50 159226 12/16/2022 102910 ASPEN EQUIPMENT CO. 1,141.82 SNOWPLOW CUTTING EDGES 208486 10242294 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 1,141.82 159227 12/1612022 108446 ASPEN MILLS,INC. 200.00 UNIFORM ALLOWANCE MARTIN 208585 304579 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 200.00 159228 12/16/2022 100079 ASPENWALL TREE SERVICE,INC. 2,800.00 HAZARD TREE REMOVAL 208763 22-1290 1076 6560 CONTRACTUAL SERVICES NATURAL RESOURCES 01000 07 11,650.00 ASH TREE REOMVALS EAB 208893 22-1296 1076 6560 CONTRACTUAL SERVICES NATURAL RESOURCES 01000 07 14,450.00 159229 12/16/2022 118698 AT&T MOBILITY-CITY HALL 405.04 NOV'22 NON-PUBSAFETY DATA SVC 208715 287307208222X120327400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 022 1,903.60 NOV-22 NON-PUBSAFETY CELL SVC 208715 287307208222X120327400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 022 2,308.64 159230 12/16/2022 118206 AT&T MOBILITY-PUBLIC SAFETY 1,256.31 NOV-22 PUB SAFETY DATA SVC 208716 287307208195X120327400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 022 1,417.84 NOV'22 PUB SAFETY CELL SVC 208716 287307208195X120327400 6412 CELLULAR SERVICES INFORMATION TECHNOLOGY 07400 04 022 2,674.15 159231 12/16/2022 100112 BADGER METER INC 427.98 NOV'22 BEACON MBL HOSTING SERV 208606 80113848 6502 6505 EQUIPMENT REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 427.98 159232 12/16/2022 114472 BREAKTHRU BEVERAGE MN BEER,LLC 160.00 BEER ORDER 208648 346732030 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 99.45 BEER ORDER 208652 346732029 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 9,072.75 BEER ORDER 208664 346728052 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 21,760.10 BEER ORDER 208679 346728196 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 39.20 BEER ORDER 208697 346728197 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 6 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 12.40- LIQUOR&SPIRITS ORDER CREDIT 208699 410248011CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 743.00 BEER ORDER 208703 346790751 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 15,746.50 BEER ORDER 208706 346834118 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 110.00 BEER ORDER 208708 346841109 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 124.00 BEER ORDER 208709 346834119 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 8,655.80 BEER ORDER 208801 346832688 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 56,498.40 159233 12/16/2022 114471 BREAKTHRU BEVERAGE MN WINE&SPIRITS 264.35 WINE ORDER 208649 346726227 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 258.90 WINE ORDER 208650 346726226 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 84.66 WINE ORDER 208653 346726225 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 5,85121 LIQUOR&SPIRITS ORDER 208671 346726228 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 10,225.72 LIQUOR&SPIRITS ORDER 208678 346725773 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 24.18- LIQUOR&SPIRITS ORDER CREDIT 208698 410362970 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 812.35 WINE ORDER 208700 346725774 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 129.45 WINE ORDER 208704 346725775 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,279.13 LIQUOR&SPIRITS ORDER 208707 346835334 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,039.78 LIQUOR&SPIRITS ORDER 208803 346834874 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 264.35 WINE ORDER 208822 346834875 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 16.73- LIQUOR&SPIRITS ORDER 208830 410314430 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,090.64 LIQUOR&SPIRITS ORDER 208872 346939728 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 24,259.63 159234 12/16/2022 108360 CANNON RIVER WINERY 360.00 WINE ORDER 208683 14400 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 360.00 159235 12/16/2022 100025 CINTAS CORP LOC 754 44.31 NOV'22 WEEKLY UNIFORM SVS 208730 4138962374 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 51.69 NOV'22 WEEKLY UNIFORM SVS 208730 4138962374 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 51.69 NOV'22 WEEKLY UNIFORM SVS 208730 4138962374 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE 06200 08 66.46 NOV'22 WEEKLY UNIFORM SVS 208730 4138962374 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 73.85 NOV'22 WEEKLY UNIFORM SVS 208730 4138962374 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 288.00 159236 12/16/2022 119268 CLEARY LAKE VETERINARY HOSPITAL 63.00 K9 SMOKE VET VISIT 208781 352193 2200 6401 PROFESSIONAL SERVICES K-9(EFF.2019) 02200 05 63.00 159237 12/16/2022 100278 CORDES,LACELLE 500.00 2022 WfRBRD STIPEND 208826 2022 WATERBOARD 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 500.00 169238 12/16/2022 110844 DAKOTA COUNTY FINANCIAL SRVS R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 7 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 108.00 SEPT-OCT'22 GOPHER 1 FIBER LOC 208792 00045873 7400 6401 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 04 108.00 159239 12/16/2022 110844 DAKOTA COUNTY FINANCIAL SRVS 15,009.14 NOV-22 SALT 208896 00046021 1073 6253 STREET MATERIALS SNOW REMOVAL SERVICES 01000 08 15,009.14 159240 12/16/2022 110844 DAKOTA COUNTY FINANCIAL SRVS 112.44 NOV'22 DIESEL FUEL 208897 00046032/ 1076 6272 FUEL NATURAL RESOURCES 01000 07 00046033 1,015.08 NOV'22 DIESEL FUEL 208897 00046032/ 1060 6272 FUEL FIRE SERVICES 01000 06 00046033 182.76 NOV'22 DIESEL FUEL 208897 00046032/ 6202 6272 FUEL SEWER OPERATIONS EXPENSE 06200 08 00046033 3,319.21 NOV'22 DIESEL FUEL 208897 00046032/ 1073 6272 FUEL SNOW REMOVAL SERVICES 01000 08 00046033 186.92 NOV'22 DIESEL FUEL 208897 00046032/ 1072 6272 FUEL STREET MAINTENANCE 01000 08 00046033 4,816.41 159241 12/16/2022 101400 DAKOTA UNLIMITED 3,774.00 K9 FENCE FINAL PAYMENT 208633 4235 2100 6220 EQUIP SUPPLIES&PARTS POLICE FORFEITURES 02100 05 3,774.00 159242 12/16/2022 108778 DEAN JOHNSON HOMES 3,000.00 ER 19198 COLONIAL TRAIL 208759 ER 19198 COLONIAL 4600 2255 DEPOSITS PAYABLE PRIVATE CAPITAL PROJECTS 04600 07 TRAIL 3,000.00 159243 12/16/2022 100057 DICK'S SANITATION SERVICE 603.50 EVRGRN KNLL-BTHHSE DEMO 208723 DT0004771435 7600 656D 27007 CONTRACTUAL SERVICES FEDERALAID-COVID19 07600 02 505.23 NOV'22 FAA DAYCARE 208863 847008OT460 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 1,093.47 NOV'22 FAA MAIN BLDG 208664 8470079T460 6302 6560 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 08 2,202.20 159244 12/16/2022 100628 DRAIN PRO PLUMBING 175.00 REPAIR CLOGGED TOILET 208736 68885 1093 6515 BUILDING REPAIR/MAINTENANCE SENIOR CITIZEN SERVICES 01000 09 175.00 159245 12/16/2022 100364 EHLERS&ASSOCIATES INC 3,750.00 2022 ARBITRAGE:GO BNDS 2019A 208760 92748 3138 7140 LEGAL&FISCAL FEES 2019A GO CAPITAL IMP BOND 03138 02 3,750.00 159246 12/16/2022 118869 ENTERPRISE FM TRUST 2,356.54 DEC'22 SQUAD LEASE PAYMENTS(3) 208635 FBN4624959 5600 2601 LEASE PAYABLE GENERAL CAPITAL EQUIPMENT 05600 2,356.54 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 8 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 159247 12/16/2022 110270 FARMINGTON ROTARY CLUB 50.00 ROTARY MEMBER DUES:GORSKI,L 208878 1376 1010 6460 MEMBER DUES&LICENSURE ADMINISTRATION 01000 01 50.00 159248 12/16/2022 100223 FEDEX 114.22 SHIP WATER SAMPLES 208620 7-962-47114 6502 6445 POSTAGE/SHIPPING FEES WATER UTILITY EXPENSE 06500 08 114.22 159249 12/16/2022 118479 FLAHERTY&HOOD,P.A. 2,362.50 NOV'22 SVS:HR CONSULTING 208718 20221207 1011 6403 LEGAL HUMAN RESOURCES 01000 04 2,362.50 159250 12/16/2022 110895 GALLAGHER BENEFIT SERVICES,INC 3,500.00 NOV-DEC'22 SVS:2023 COMP STDY 208717 2022013527 1011 6401 PROFESSIONAL SERVICES HUMAN RESOURCES 01000 04 3,500.00 159251 12/16/2022 118503 GARLETS,MARY 270.00 2022 STIPEND RRC ADVISORY BIRD 208880 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 270.00 159252 12/16/2022 100027 GREAT LAKES COCA-COLA DISTRIBUTION,LLC 994.04 POP ORDER 208643 3608218242 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 994.04 159253 12/16/2022 107123 GS DIRECT INC 59.16 PLOTTER SUPPLIES 208856 370089 1095 6220 EQUIP SUPPLIES&PARTS RECREATION PROGRAM SERVIC 01000 09 59.17 PLOTTER SUPPLIES 208856 370089 6402 6220 EQUIP SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 59.17 PLOTTER SUPPLIES 208856 370089 6202 6220 EQUIP SUPPLIES&PARTS SEWER OPERATIONS EXPENSE 06200 08 59.17 PLOTTER SUPPLIES 208856 370089 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 59.17 PLOTTER SUPPLIES 208856 370089 1070 6220 EQUIP SUPPLIES&PARTS ENGINEERING SERVICES 01000 07 59.17 PLOTTER SUPPLIES 208856 370089 1030 6220 EQUIP SUPPLIES&PARTS PLANNING&ZONING 01000 03 355.01 159254 12/16/2022 111623 HACH COMPANY 172.90 FREE CHLORINE DISPENSE/POWDER 208473 13352398 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 743.96 SPADNS2 FLUORIDE RGT 208474 13350204 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 916.86 159255 12/16/2022 102934 HEIMAN FIRE EQUIPMENT INC 359.00 FIRE BOOTS 208581 0915693-IN 1060 6290 1 TURNOUT GEAR FIRE SERVICES 01000 06 359.00 159256 12/16/2022 110633 HEN NEN,PATRICIA E 330.00 2022 STIPEND RRC ADVISORY BIRD 208883 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 330.00 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 9 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 159267 12/16/2022 100074 HOHENSTEINS INC 946.50 BEER ORDER 208640 563883 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 551.20 BEER ORDER 208820 563867 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 170.50 BEER ORDER 208857 566022 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,668.20 159258 12/16/2022 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 30.44 BATTERIES 208313 IN4008535 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 124.63 CALENDARS,PENS,PAPER 208313 IN4008535 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 4.35 INK PADS 208314 IN4008641 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 41.30 NOTE PADS,MARKERS,TAPE 208315 IN4008642 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 50.39 LYSOL SPRAY 208316 IN4010380 6115 6242 CLEANING SUPPLIES PILOT KNOB LIQUOR 06100 02 50.39 LYSOL SPRAY 208316 IN4010380 6110 6242 CLEANING SUPPLIES DOWNTOWN LIQUOR REV&EXP 06100 02 6.48- 208316 IN4010380 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 208.14 CHAIRMATS 208317 IN4010377 1010 6960 FURNITURE,OFFICE EQUIP,IT ADMINISTRATION 01000 01 6.86 INK PADS 208318 IN4010165 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 6.86 INK PADS 208319 IN4009705 1010 6220 EQUIP SUPPLIES&PARTS ADMINISTRATION 01000 01 516.88 159259 12/16/2022 118960 JANKE,JUDITH MARIE 90.00 2022 STIPEND RRC ADVISORY BIRD 208879 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 90.00 169260 12/16/2022 100176 JEFF BELZER'S CHEV-DODGE-KIA 156.00 WINDOW SWITCH FOR 4785 208618 391988 1060 6230 VEHICLE SUPPLIES&PARTS FIRE SERVICES 01000 06 156.00 159261 12/16/2022 100129 JG WEAR 564.00 JACKETS 208737 99143 2502 6290 UNIFORMS&CLOTHING ICE ARENA OPERATIONS EXPE 02500 09 564.00 159262 12/16/2022 100033 JOHNSON BROTHERS LIQUOR COMPANY 685.75 WINE ORDER 208654 2190744 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 810.48 WINE ORDER 208655 2186997 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 51.20 LIQUOR&SPIRITS ORDER 208656 2193163 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 662.58 WINE ORDER 208657 2193334 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 607.70 LIQUOR&SPIRITS ORDER 208658 2193333 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 33.70 LIQUOR&SPIRITS ORDER 208659 2193335 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 451.00 LIQUOR&SPIRITS ORDER 208660 2186996 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 25.05 WINE ORDER 208661 2190510 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 72.00- LIQUOR&SPIRITS ORDER 208662 222764 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 244.60 LIQUOR&SPIRITS ORDER 208663 2187051 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 253.10 WINE ORDER 208668 2193332 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,359.50 LIQUOR&SPIRITS ORDER 208670 2193330 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 10 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Cc Dept Div 1,259.91 LIQUOR&SPIRITS ORDER 208672 2193331 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 808.76 WINE ORDER 208691 2190507 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 244.70 LIQUOR&SPIRITS ORDER 208692 2190508 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 787.68 WINE ORDER 208693 2190509 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,046.98 WINE ORDER 208701 2186999 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,961.45 LIQUOR&SPIRITS ORDER 208702 2186998 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 321.40 LIQUOR&SPIRITS ORDER 208705 2187052 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 466.49 WINE ORDER 206804 2193160 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 749.85 LIQUOR&SPIRITS ORDER 208806 2193161 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 518.30 LIQUOR&SPIRITS ORDER 208607 2193159 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,202.37 WINE ORDER 208808 2193162 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,332.41 LIQUOR&SPIRITS ORDER 208812 2193158 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 399.10 LIQUOR&SPIRITS ORDER 208838 2198162 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 061 D0 02 1,393.12 LIQUOR&SPIRITS ORDER 208839 2198161 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,387.65 LIQUOR&SPIRITS ORDER 208840 2198164 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 51.20 LIQUOR&SPIRITS ORDER 208841 2197995 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 281.10 WINE ORDER 208842 2197996 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,459.40 WINE ORDER 208846 2198163 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,433.76 WINE ORDER 208647 2198165 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 24,218.29 159263 12/16/2022 106880 KOSKI,MARJORIE A 300.00 2022 STIPEND RRC ADVISORY BIRD 208881 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 300.00 169264 12/16/2022 100121 LEAGUE OF MINNESOTA CITIES 2,275.00 RFND OVRPYMT CA114200 208712 F#4791 REFUND 7100 5360 REFUNDS&REIMBURSEMENTS INSURANCE 07100 02 OVERPYMT 2,275.00 159265 12/16/2022 115622 LONE OAK STORES LLC 17,250.00 TOYS FOR TOWN FOOD 208845 2022TOYS 2150 6220 EQUIP SUPPLIES&PARTS POLICE PUBLIC OUTREACH 02150 05 17,250.00 159266 12/16/2022 100155 METROPOLITAN COUNCIL ENVIRO SERVICES 19,880.00 NOV'22 MCES SAC FEES 208862 NOV'22 SAC FEES 6200 2425 MCES SAC(SWR AVAIL CHG) SEWER OPERATIONS 06200 08 198.80- NOV'22 MCES SAC FEES 208862 NOV'22 SAC FEES 6201 5030 SAC CHARGE RETAINER SEWER OPERATIONS REVENUE 06200 08 19,681.20 169267 12/16/2022 110140 MINNESOTA DEPT OF AGRICULTURE 10.00 PESTICIDE APPL LIC:RUTLEDGE, 208764 PESTICIDE 1076 6460 MEMBER DUES&LICENSURE NATURAL RESOURCES 01000 07 LIC-RUTLEDGE'22 10.00 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 11 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 159268 12/16/2022 101313 MN DEPT OF LABOR&INDUSTRY 100.00 ELEVATOR PERMIT 208332 ALR0140065X 1015 6460 MEMBER DUES&LICENSURE CITY HALL 01000 01 100.00 159269 12/16/2022 100322 MN NCPERS LIFE INSURANCE 16.00 208938 121522842163 7000 2119 PERA LIFE INS PAYABLE EMPLOYEE EXPENSE FUND 07000 02 16.00 159270 12/16/2022 116895 MOES,JOAN M. 150.00 2022 STIPEND RRC ADVISORY BIRD 208888 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 150.00 159271 12/16/2022 118558 MUDDY WATERS STUDIO INC 8,750.00 TOYS FOR TOWN GIFT CERTS 208605 20221203 2150 6220 EQUIP SUPPLIES&PARTS POLICE PUBLIC OUTREACH 02150 05 8,750.00 159272 12/16/2022 106831 MUSCO SPORTS LIGHTING LLC 1,600.00 INSTALLATION OF CL RETROFIT 208719 400563 2300 7020 OTHER CONSTRUCTION COSTS PARK IMPROVEMENT FUND 02300 09 8,650.00 MATERIALS FOR CL RETROFIT 208720 400221 2300 7020 OTHER CONSTRUCTION COSTS PARK IMPROVEMENT FUND 02300 09 10,250,00 159273 12/16/2022 101254 ORKIN EXTERMINATING,LLC 27.00 NOV'22 PEST CONTROL CMF 208449 234068893 6502 6515 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 38.57 NOV'22 PEST CONTROL CMF 208449 234068893 6402 6515 BUILDING REPAIR/MAINTENANCE STORM WATER UTILITY OPERA 06400 08 19.29 NOV'22 PEST CONTROL CMF 208449 234068893 6202 6515 BUILDING REPAIR/MAINTENANCE SEWER OPERATIONS EXPENSE 06200 08 30.86 NOV'22 PEST CONTROL CMF 208449 234068893 1090 6515 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE 01000 09 19.28 NOV'22 PEST CONTROL CMF 208449 234068893 1072 6515 BUILDING REPAIR/MAINTENANCE STREET MAINTENANCE 01000 08 116.00 NOV'22 PEST CNTRL-5446 195TH 208467 234068464 6502 6515 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06500 08 251.00 159274 12/16/2022 116038 PAGE,PENNIE 330.00 2022 STIPEND RRC ADVISORY BRD 208882 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 330.00 159275 12/16/2022 100290 PAUSTIS&SONS WINE COMPANY 501.00 WINE ORDER 208651 185489 6100 1405 10 INVENTORY DOWNTOWN LIQUOR OPERATIONS 06100 02 871.00 WINE ORDER 208681 185754 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,266.00 WINE ORDER 208799 186831 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 372.00 WINE ORDER 208817 186526 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,010.00 159276 12/16/2022 100032 PEPSI COLA COMPANY 180.40 POP ORDER 208675 68222457 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 180.40 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 12 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 159277 12/16/2022 118379 PEQUOD DISTRIBUTING 456.00 BEER ORDER 208834 W-170701 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 456.00 159278 12/16/2022 100034 PHILLIPS WINE AND SPIRITS,INC 251.20 LIQUOR&SPIRITS ORDER 208669 6508111 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 283.71 WINE ORDER 208673 6508112 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 937.86 LIQUOR&SPIRITS ORDER 208805 6507952 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 433.55 WINE ORDER 208811 6507953 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 268.40 LIQUOR&SPIRITS ORDER 208831 6512067 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 896.20 LIQUOR&SPIRITS ORDER 208832 6512066 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 429.60 WINE ORDER 208835 6512213 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 763.75 LIQUOR&SPIRITS ORDER 206837 6512212 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 4,264.27 159279 12/16/2022 109666 PREMIER BANK 8,250.00 TOYS FOR TOWN GIFT CARDS 208859 TOYS FOR TOWN GIFT150 6220 EQUIP SUPPLIES&PARTS POLICE PUBLIC OUTREACH 02150 05 2022 8,250.00 159280 12/16/2022 110760 PRO-TECH DESIGN,INC 204.88 ANNUALALARM MONITORINGRENEWAL 206176 106622 6115 6505 EQUIPMENT REPAIR/MAINTENANCE PILOT KNOB LIQUOR 06100 02 204.88 ANNUALALARM MONITORINGRENEWAL 206176 106622 6110 6505 EQUIPMENT REPAIR/MAINTENANCE DOWNTOWN LIQUOR REV&EXP 06100 02 26.36- 206176 106622 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 383.40 159281 12/16/2022 114619 RED BULL DISTRIBUTION COMPANY,INC 911.52 RED BULL ORDER 208794 5004015304 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 911.52 159282 12/16/2022 109236 REICHERT,BLANCHE R 360.00 2022 STIPEND RRC ADVISORY BIRD 208885 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 360.00 159283 12/16/2022 112632 RICOH USA,INC 298.78 NOV'22 COPIER MAINTENANCE 208714 5066251827 1010 6505 EQUIPMENT REPAIR/MAINTENANCE ADMINISTRATION 01000 01 298.78 159284 12/16/2022 119266 SAUTER,LIAHNA 100.00 COMPLIANCE CHECK PAYMENT 208780 20221208 L SAUTER 1050 6401 PROFESSIONAL SERVICES POLICE ADMINISTRATION 01000 05 100.00 159285 12/16/2022 107824 SCHAD TRACY SIGNS INC 743.33 EXT SIGN LED RETROFIT 208637 12698 6115 6515 BUILDING REPAIR/MAINTENANCE PILOT KNOB LIQUOR 06100 02 743.33 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 13 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 159286 12/16/2022 117932 SCHUMANN,KEN 30.00 2022 STIPEND RRC ADVISORY BIRD 208886 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 30.00 159287 12/16/2022 110022 SCHWICKERT'S TECTA AMERICA,LLC 988.23 TOILET LEAK REPAIR 208746 5500008761 1015 6515 BUILDING REPAIR/MAINTENANCE CITY HALL 01000 01 988.23 159288 12/16/2022 107018 SHAMROCK GROUP 100.75 ICE CUBE ORDER 208641 2839325 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 69.25 ICE CUBE ORDER 208676 2839324 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 170.00 159289 12/16/2022 118046 SHRED RIGHT 33.00 NOV'22 RRC SHRED SVS 208626 588816 4502 6570 PROGRAMMING EXPENSE RRC CAPITAL IMPROVEMENT F 04500 09 33.00 159290 12/16/2022 110507 SHRED-IT USA,LLC 99.31 11/11/22 SHREDDING SERVICE 208312 8002773876 1010 6401 PROFESSIONAL SERVICES ADMINISTRATION 01000 01 99.31 159291 12/16/2022 119270 SKOVIERA,MATTHEW 250.00 T4T SANTA FEE 208844 2211 2150 6401 PROFESSIONAL SERVICES POLICE PUBLIC OUTREACH 02150 05 250.00 159292 12/16/2022 117933 SMITH,GINA 120.00 2022 STIPEND RRC ADVISORY BIRD 208887 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 120.00 159293 12/16/2022 118961 SMITH,LARRY 270.00 2022 STIPEND RRC ADVISORY BIRD 208884 2022 RRC ADVISORY 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 BOARD 270.00 159294 12/16/2022 113000 SNOBECK,MITCHELL L 500.00 SNOBECK,MITCHELL L 208825 2022 WATERBOARD 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 500.00 159295 12/16/2022 112051 SOUTHERN GLAZER'S OF MN 106.56 WINE ORDER 208639 5091321 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 546.31 LIQUOR&SPIRITS ORDER 208642 5090798 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,936.80 LIQUOR&SPIRITS ORDER 208665 2287209 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 5,688.21 LIQUOR&SPIRITS ORDER 208666 2288994 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 8,775.95 LIQUOR&SPIRITS ORDER 208677 2287216 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 27.20- WINE ORDER CREDIT 2D8680 9423526 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 14 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 2.56- DELIVERY CHARGE CREDIT 208682 9455654 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 201.24- LIQUOR&SPIRITS ORDER CREDIT 208684 9428069 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 29.75- WINE ORDER CREDIT 208685 9455052 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 26.25- WINE ORDER CREDIT 208686 9434976 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 188.00- WINE ORDER CREDIT 208687 9455229 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 29.75- WINE ORDER CREDIT 208696 9458214 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,838.64 LIQUOR&SPIRITS ORDER 208800 5090717 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 4,890.48 LIQUOR&SPIRITS ORDER 208802 2288997 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,951.14 LIQUOR&SPIRITS ORDER 208836 2291516 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3.84 LIQUOR&SPIRITS ORDER 208843 2291515 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 .32 WINE ORDER 208848 5090847 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 28,233.50 159296 12/16/2022 110799 SPECIALIZED ENVIRONMENTAL TECHNOLOGIES 936.00 NOV 22'STREET LEAF COMPOSTING 208761 10159 NOV'22 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 936.00 159297 12/16/2022 116315 TACTICAL ADVANTAGE,LLC 1,325.96 NEW HIRE HANDGUN 208634 2022-0131 1051 6950 MACHINERY,EQUIPMENT&TOOLS PATROL SERVICES 01000 05 1,325.96 159298 12/16/2022 119001 URSA MINOR BREWING LLC 285.66 BEER ORDER 208858 E-3406 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 285.66 159299 12/16/2022 102962 WEIERKE,WILLIAM L 550.00 2022 WTRBRD STIPEND 208824 2022 WATERBOARD 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 550.00 159300 12/16/2022 116889 WESTERN BANK 58,179.75 2ND HALF TIF PMT 208711 2022 2ND HALF TIF 2054 6550 DEVELOPER PAYMENTS TRIDENT HOUSING TIF DIST 02054 07 PYMT 58,179.75 159301 12/16/2022 100334 WINE MERCHANTS 73.70 WINE ORDER 206809 7406741 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 73.70 159302 12/23/2022 113906 AMERICAN SOLUTIONS FOR BUSINESS 786.80 EXPO TABLE CLOTHS 208454 INVO6358022 1014 6450 OUTSIDE PRINTING COMMUNICATIONS 01000 01 788.80 159303 12/23/2022 108446 ASPEN MILLS,INC. 54.99 UNIFORM ALLOWANCE ENDRES 208597 305090 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 54.99 UNIFORM ALLOWANCE ROUDABUSH 208599 305083 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 2,467.42 EIKLENBORG UNIFORMS 208791 304990 1051 6290 UNIFORMS&CLOTHING PATROL SERVICES 01000 05 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 15 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Cc Dept Div 41.50 UNIFORM ALLOWANCE JOHNSON 208868 305193 1060 6290 UNIFORMS&CLOTHING FIRE SERVICES 01000 06 2,618.90 169304 12/23/2022 110290 BOLTON&MENK,INC 1,225.00 OCT'22 INTERIM ENG SUPPORT 208827 0301732 1070 6401 PROFESSIONAL SERVICES ENGINEERING SERVICES 01000 07 1,225.00 169305 12/23/2022 111050 CASTLE ROCK KENNELS INC 320.00 ANIMAL CONTROL FEES 208787 31247 1050 6401 PROFESSIONAL SERVICES POLICE ADMINISTRATION 01000 05 320.00 159306 12/23/2022 100133 DAKOTA COUNTY FINANCIAL SRVS 1,049.85 NOV 2022 RADIO SUB FEES 208860 00045930 1050 6560 CONTRACTUAL SERVICES POLICE ADMINISTRATION 01000 05 1,633.10 NOV 2022 RADIO SUB FEES 208860 00045930 1060 6560 CONTRACTUAL SERVICES FIRE SERVICES 01000 06 2,682.95 159307 12/23/2022 100041 DAKOTA COUNTY PROPERTY TAXATION 184.00 DOCUMENT RECORDING 205554 JUN'22 DOC 1010 6401 PROFESSIONAL SERVICES ADMINISTRATION 01000 01 RECORDING 184.00 159308 12/23/2022 100241 DELEGARD TOOL CO 492.78 TIRE PRESSURE SENSOR TOOL 208777 228060/01 7200 6950 MACHINERY,EQUIPMENT&TOOLS FLEET OPERATIONS 07200 08 492.78 169309 12/23/2022 100149 ECM PUBLISHERS,INC 19.25 PH:2023 FEE SCHEDULE 208435 921986 1010 6455 LEGAL NOTICES ADMINISTRATION 01000 01 19.25 PH:2023 LIC RENEWALS 208436 92197 1010 6455 LEGAL NOTICES ADMINISTRATION 01000 01 38.50 159310 12/23/2022 100024 GOPHER STATE ONE-CALL 80.55 NOVEMBER 2022 LOCATES 208610 2110393 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 80.55 NOVEMBER 2022 LOCATES 208610 2110393 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 06200 08 80.55 NOVEMBER 2022 LOCATES 208610 2110393 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 241.65 159311 12/23/2022 111623 HACH COMPANY 93.95 TOTAL CL2 DISPENSER/POWDER 208624 13358202 6502 6220 EQUIP SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 93.95 159312 12/23/2022 119018 HANNOVER,DANIAL 39.60 REFUND LTS CANCELLATION 206635 92122 2501 4815 LESSONS ICE ARENA REVENUE 02500 09 39.60 169313 12/23/2022 107490 KENDRICK ELECTRIC 26.00 VOID ELECT PRMT 51824 206661 VOID ELECT PRMT 1001 4327 ELECTRIC PERMITS GENERAL FUND REVENUES 01000 01 51824 63.00 VOID ELECT PRMT 51824 206661 VOID ELECT PRMT 1000 2020 CONTRACTS PAYABLE GENERAL FUND BALANCE SHEE 01000 R55CKS2 LOGIS600V CITY OF FARMINGTON 12/27/2022 8:28:19 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 16 12/13/2022- 12/26/2022 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obi Sub Subledger Account Description BU Description Co Dept Div 51824 1.00 VOID ELECT PRMT 51824 206661 VOID ELECT PRMT 1000 2420 BUILDING PERMIT SURCHARGE GENERAL FUND BALANCE SHEE 01D00 51824 90.00 159314 12/23/2022 110760 PRO-TECH DESIGN,INC 525.90 PROF SVC:CAMERA OUTAGE AT PD 208713 107549 7400 6401 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 04 525.90 159315 12/2312022 117958 QUAD E COMPANIES,INC 1,498.00 SNOW HAULING 208621 4881 1073 6401 PROFESSIONAL SERVICES SNOW REMOVAL SERVICES 01000 08 1,498.00 159316 12/23/2022 119279 SCHUTT,PATTY 85.00 CANCEL ARBORETUM DATE CHANGE 208939 120922 1001 4670 RECREATION FEES-SENIOR CTR GENERAL FUND REVENUES 01000 01 85.00 159317 12/23/2022 119016 THOMPSON,HYEJEONG 79.20 LEARN TO SKATE REFUND 206644 92122 2501 4815 LESSONS ICE ARENA REVENUE 02500 09 79.20 159318 12/23/2022 118072 WINS UPPLY LAKEVILLE MN CO. 631.05 LIGHT BULBS 208738 403269 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 631.05 159319 12/23/2022 117677 WORLDPAY PAYMENT RESOLUTION 1.07 WORLDPAY O/S AMOUNT 208940 5151 CLOSE ACCOUNT110 6545 PYMT PROCESSING FEES DOWNTOWN LIQUOR REV&EXP 06100 02 1.07 Report Totals 577,020.72 / APPROVALS: <1 1 HOYT (��EERNATZ /t/--L—IEN p�VVILSON PORTER CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON 651-280-6800 Ilrll FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Julie Flaten, Assistant City Administrator/Human Resource Director SUBJECT: Staff Changes and Recommendations- Human Resources DATE: January 3, 2023 INTRODUCTION Approve the hiring of one seasonal employee. DISCUSSION Mason Koch has been selected to work as a seasonal Arena Supervisor beginning on January 4, 2023. BUDGET IMPACT Wages will be paid according to the approved seasonal wage structure. ACTION REQUESTED Approve the hiring of Mason Koch. CITY OF rO 430 Third St., Farmington, MN 55024 FARMINGTON 651-28o-6800 ®I Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Peter Gilbertson, IT Director SUBJECT: Cable Franchise Agreement for Hiawatha Broadband Communications- IT DATE: January 3, 2023 INTRODUCTION The purpose of this memorandum is to provide information and request that the city council approve the franchise with Hiawatha Broadband Communications (HBC). DISCUSSION Hiawatha Broadband Communications (HBC)approached Farmington about obtaining a franchise to provide telephone, data/internet and cable services. I n response to H BC's request,the city published a notice of intent to consider franchises as required by Minnesota Statutes, Chapter 238. H BC filed a timely application with the city that responded to all application questions. The city then posted and subsequently held a public hearing providing opportunity for public comment.This process also afforded the incumbent cable company the opportunity to present evidence and argument concerning its existing franchise that may be relevant in evaluating the competitive franchise application. The city left the record open for 30 days following the public hearing in order to receive any additional information or public input. Once the public comment period closed, City staff entered into negotiation of franchise terms with H BC for Farmington.The city's cable commission attorney, Bob Vose, has provided the attached memorandum, dated December 13, 2022 that addresses H BC's qualifications and any legal issues arising out of H BC's application. The attachments to this memorandum provide a summary of the findings for H BC's application,the franchise ordinance, and a resolution providing for summary publication of the franchise ordinance. BUDGET IMPACT Any increased revenue would be recorded in the Cable Communications Fund and considered during future budget processes. ACTION REQUESTED The actions being requested are: 1. Adopt the attached franchise ordinance;and 2. Adopt the resolution providing for summary publication of the franchise ordinance. ATTACHMENTS: Type Description ❑ Backup Material December 13, 2022 Franchise Report ❑ Ordinance Franchise Ordinance ❑ Resolution Resoultion Providing Summary Publication of Franchise Ordinance Offices in Fifth Street Towers Minneapolis 150 South Fifth Street,Suite 700 �. Saint Paul Minneapolis MN 55402-1299 St.Cloud (612)337-9300 telephone (612)337-9310 fax C H A R T E R E D http://www.kennedy-graven.com Affirmative Action,Equal Opportunity Employer ROBERT J.V.VOSE Attorney at Law Direct Dial(612)337-9275 Email: rvose@kennedy-graven.com MEMORANDUM Date: December 13, 2022 To: AV, R,F Cable Commission and City of Farmington From: Bob Vose,Kennedy&Graven, Chartered Re: Hiawatha Broadband Cable Franchise Application BACKGROUND HBC Franchise Application Hiawatha Broadband Communications,Inc.,a Minnesota corporation("HBC") seeks to provide competitive cable service in the City. Based on HBC's interest,the City initiated the required franchising process by publishing notice of its intent to consider franchise applications. The notice invited applications and included an application form (i.e. list of questions)that parallel applicable state law. HBC timely filed an application and the required fee. As required by law, the application was presented to the City Council at a properly noticed public hearing. HBC's application indicates that the company was founded in 1993 to serve Winona and has since expanded and now provides competitive services in sixteen(16)Minnesota communities. HBC is a"triple play"provider of telephone, data/internet, and cable services. Charter Franchise Charter Cable Partners, LLC 1/k/a Charter Communications ("Charter")provides cable service under an existing franchise. Charter's 10-year franchise expires in 2028. Charter's franchise addresses competitive franchises and incorporates Minnesota's level playing field law, Minn. Stat. Sec. 23 8.08, Subd. 1(b), which requires that a competitor's franchise be no more favorable or less burdensome than an incumbent's regarding three specified provisions. Section 2.3 of Charter's franchise goes further and provides that if the City grants a preferential franchise to a competitor, Charter may "opt in"to those franchise terms. Charter did not appear at the hearing and has not commented on RBC's application or qualifications to receive a franchise DOCSOPEN\QU210\l 1\719131.v 1-5/5/21 STANDARDS FOR REVIEW Under federal law, a cable franchise is required to construct, own or operate a cable system. Under Minnesota law, a municipality must issue a franchise authorizing operation of a"cable communications system."' A franchise is required to operate a cable system and provide cable service even if the service is provided by a telephone company and/or over a telephone network.2 Applicable law encourages competition in the provision of telecommunications services and cable service.' Federal law specifically provides that a franchising authority may not grant an exclusive franchise and"may not unreasonably refuse to award an additional competitive franchise."4 State law also promotes competition in the cable communications market.5 Minnesota Statutes, Chapter 238,provides that franchises must be non-exclusive and provides for franchising of a competitive cable provider within an area where service is already provided.6 In considering a cable franchise application, a municipality may review and consider the financial,technical, and legal qualifications of the applicant.? A municipality may also impose appropriate ordinance requirements and require applicants to accept reasonable franchise terms and conditions.8 State law provides that cable franchise applicants must file information addressing their financial, legal, and technical qualifications.9 Finally, an incumbent cable operator cannot secure a monopoly by challenging the merits of a competitive franchise application or the resulting franchise.10 But cities must follow the statutory process in order to consider issuance of a competitive franchise.11 ANALYSIS OF HBC'S QUALIFICATIONS HBC's application responds to the questions and other requirements contained in the City's Cable Franchise Application Instructions (i.e. application form). This review focuses on RBC's legal, financial and technical qualifications as indicated in its application. 1 Minn. Stat. §238.08,subd. 1(a). 2 WH Link v. City of Otsego,664 N.W.2d 390(Minn.App.2003). 3 47 U.S.C. §521(6). 4 47 U.S.C. § 541(a)(1). 5 See Minn. Stat. §238.01;In re Application of Dakota Telecom Group,590 N.W.2d 644,648(Minn.App. 1999). 6 Minn.Stat. §238.084, Subd. 1(d)and§238.08,Subd. 1(b). 7 47 U.S.C. § 541(a)(4)(C);Minn. Stat. §238.081,subd.4. 8 See,Honn v. City of Coon Rapids,313 N.W.2d 409,414-15(Minn. 198 1)(municipalities have broad,inherent authority to protect local concerns and decide matters of local importance). 9 Minn.Stat. §238.081. 10 In re Application of Dakota Telecom Group,590 N.W.2d 644,647-8(Minn.App. 1999)(holding that an incumbent cable operator does not have"standing"to contest a municipality's decision to grant a second franchise). 11 Triax v. City ofNashwauk,C9-98-551 (Minn.App.,December 15, 1998)(holding that cities must strictly comply with the procedural franchising requirements of state law). DOCSOPEN\QU210\11\719131.v 1-5/5/21 1. Legal Qualifications HBC is a properly organized corporation authorized to operate in Minnesota. HBC filed with the Minnesota Secretary of State pursuant to Minnesota Chapter 302A and is in good standing. HBC's application identifies 16 Minnesota cities in which the company currently holds franchises or otherwise provides video services. HBC's application further demonstrates that the company has been authorized by the Minnesota Public Utilities Commission ("MPUC")to provide certain telephone and telecommunications services. Authority to provide such services is under the MPUC's exclusive jurisdiction.12 RECOMMENDATION: HBC is legally qualified to offer cable service in the City. 2. Financial Qualifications State and federal law do not specify how a franchising authority is to evaluate the financial qualifications of a cable franchise applicant.13 It appears, however, that a municipality should focus on the applicant's "ability to construct and initially operate its proposed system."14 This approach is consistent with the criteria used by the MPUC in evaluating the financial worthiness of telephone companies.15 The MPUC will only authorize a new telephone provider in the event the applicant possesses the technical, managerial, and financial resources to provide the proposed services.16 The MPUC's financial review focuses on the extent to which the applicant's cash reserves and cash equivalents are adequate to meet the start-up costs and expenses.17 The long term likelihood of profitability is not reviewed. The MPUC has reviewed HBC's qualifications to construct telephone facilities in Minnesota. The MPUC authorized construction and the offering of phone and internet services. With respect to HBC's financial capacity to construct facilities in the City, the application states that the company will use internal funds. HBC represents that it is capable of financing its cable service plans in the City. In addition, the City will require that any franchise issued to HBC obligates the company to provide a bond, appropriate insurance, and indemnification of the City. And HBC's construction in and use of the right-of-way will be governed by the City's right-of-way permitting ordinance. RECOMMENDATION: We have identified no basis to conclude that HBC is not financially qualified to receive the requested cable franchise. 3. Technical Qualifications The technical qualifications standard relates to an applicant's experience in constructing, 12 Minn. Stat. §237.01 et seq. 13 In re:App of DTG,590 N.W.2d at 648. 14 Id.(emphasis added). 15 Minn. Stat. §237.16,Subd. 1. 16 Id. 17 Minn.R.7812.0300,Subp.3(D). DOC SOPEN\QU210\11\719131.v 1-5/5/21 operating, and maintaining telecommunications networks and/or cable communications systems and ability provide video services as proposed. As noted, HBC already provides cable services in a number of Minnesota communities along with telephone and high speed data services. HBC's application reflects that the company and its leadership are experienced in the industry. RECOMMENDATION: HBC is technically qualified to provide cable service in the City. Moreover, HBC is expected to be competing with Charter as well as various internet- delivered and satellite-delivered video providers. If HBC is unable to provide good quality video service,the community has other choices. FRANCHISE TERMS Minnesota's level playing field statute, Minnesota Statutes, Section 238.08,provides that grant of"an additional franchise for cable service for an area included in an existing franchise"must not be "on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1)the area served; (2)public, educational, or governmental access requirements; or(3) franchise fees." Staff has negotiated the terms and conditions of a proposed franchise with HBC. The proposed franchise tracks Charter's franchise closely. Any deviations from Charter's franchise regarding the level playing field issues are discussed below: Area Served Charter's franchise authorizes service throughout the City. But Charter is only required to provide service to areas that meet a specified density of potential customers if no "additional provider" is serving the City. HBC's application states that"HBC will construct throughout the city limits of Farmington a fiber-to-the-home(FTTH)network...." The application also states that all services including video will be available to all homes that are connected, and that construction is expected to be completed by the end of 2025. HBC proposed franchise language that matches Charter's language; i.e.HBC will only have an obligation to offer service in specified parts of Farmington if Charter ceases providing service. The franchise language is: Notwithstanding the foregoing,the Grantee shall have the right,but not the obligation,to extend the Cable System into any portion of the Service Area,provided,however,that if any Additional Provider operating in the City as of the Effective Date of this Franchise ceases the provision of Cable Service in the City,then the Grantee shall be obligated to extend the System and offer Service to all portions of the Service Area in which there is a minimum of thirty-five(35)homes per linear stand mile of cable as measured from Grantee's closest trunk line or distribution cable actively delivering Service. The Grantee shall be afforded a reasonable period of time to extend the System and make Service available,not to exceed six(6)months from a request for Service. DOCSOPEN\QU210\11\719131.v1-5/5/21 Because this provision is identical to Charter's franchise, it meets Minnesota's level playing field law. But staff is aware of the potential disconnect between this language and RBC's application indicating that service will be offered throughout the City. Staff recommends approval. PEG Access Requirements HBC will be obligated to provide the same number of access channels and the same access support fee (PEG Fee) as Charter. Over and above matching these commitments, staff has negotiated for HBC's provision of fiber and high speed internet service at all City facilities and parks. This additional obligation will facilitate the City's plans to offer free WiFi service to residents at these locations. Franchise Fee Charter's franchise requires payment of a franchise fee equal to 5%of"gross revenues," as defined. By law, only revenues from cable-related sources are included. HBC will be obligated to pay an equivalent franchise fee calculated in same manner as Charter's fee. Both companies provide services that are not"cable service" such as telephone and high speed internet access service, and both bundle services together in discounted packages. Charter's franchise contains language addressing the calculation of revenues subject to franchise fees generated from such bundled packages. HBC will be subject to the same language. CONCLUSION HBC's application can be approved subject to negotiation of satisfactory franchise terms. A resolution approving HBC's franchise application can be drafted. DOC SOPEN\QU210\11\71913 I 1-5/5/21 CITY OF FARMINGTON ORDINANCE NO. 023-773 AN ORDINANCE GRANTING A FRANCHISE TO HIAWATHA BROADBAND COMMUNICATIONS,INC. ("HBC"),TO CONSTRUCT,OPERATE,AND MAINTAIN A CABLE SYSTEM IN THE CITY OF FARMINGTON, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE;PROVIDING FOR REGULATION AND USE OF THE SYSTEM;AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of Farmington("City")ordains: Section 1. Title 8 is amended by deleting chapter S,Frontier cable franchise and adding the following Hiawatha Broadband Communications cable franchise. STATEMENT OF INTENT AND PURPOSES The City intends,by the adoption of this Franchise,to bring about a Cable Franchise,and the continued operation of a Cable System, Such an adoption can contribute significantly to the cable communications needs and desires of the residents and citizens of the City and the public generally. FINDINGS In the review of the request for the Franchise by Grantee and negotiations related thereto,and as a result of a public hearing,the City Council makes the following findings; 1, Grantee's technical ability,financial condition,legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for operating the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by City complies with the existing applicable State statutes,federal laws and regulations; q. Grantee has substantially complied with the material terms of the current Franchise under applicable laws; and 5. The Franchise granted to Grantee is nonexclusive. SECTION 1 SHORT TITLE AND DEFINITIONS DOCSOPEMAP 155\8\835955.v I-10131/22 i I 1.1 Short Title. This Franchise shall be known and cited as the Cable Services Franchise Ordinance. 1.2 Definitions. For purposes of this Franchise, the following terms,phrases, words and their derivations shall have the meaning ascribed to them by the Cable Communications Policy Act of 1984, as amended from time to time(the"Cable Act"), unless otherwise defined herein. Words used in the present tense include the future,words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words"shall"and"will" are mandatory and"may"is permissive. Words not defined shall be given their common and ordinary meaning. (a) "Basic Cable Service"means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. Basic Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(3). (b) "Cable Act"means the Cable Communications Act of 1984 as amended, 47 U.S.C. §521 et. seq. (c) "Cable Service"or"Service"means: (i) The one-way transmission to Subscribers of(i)Video Programming, or(ii) Other Programming Service; and (ii) Subscriber interaction, if any,which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service as defined herein shall be the definition set forth in 47 U.S.C. § 522(6). (d) "Cable System."or"System"means a facility, consisting of a set of closed transmission paths and associated signal generation,reception and control equipment that is designed to provide Cable Service which includes Video Programming, and which is provided to multiple Subscribers within a community,but such term does not include: (i) A facility that serves only to retransmit the television signals of one(1)or more television broadcast stations; (ii) A facility that serves Subscribers without using any public Rights-of-Way; (iii) A facility of a common carrier which is subject, in whole or in part,to the provisions of 47 U.S.C. § 201 et. seq., except that such facility shall be considered a Cable System(other than for purposes of 47 U.S.C. § 541(c))to the extent such facility is used in the transmission of DOCSOPEN\AP 155\8\835955.v l-10/31/22 Video Programming directly to Subscribers;unless the extent of such use is solely to provide interactive on-demand services; (iv) An open video system that complies with 47 U.S.C. § 573; or (v) Any facilities of any electric utility used solely for operating its electric utility system. Cable System as defined herein shall be the definition set forth in 47 U.S.C. § 522(7). (e) "Channel"or"Cable Channel"means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel. (f) "Cy"means the City of Farmington,Minnesota. (g) "Cities"means the Cities of Apple Valley,Farmington and Rosemount, Minnesota collectively. (h) "Ciy Code"means the Municipal Code of the City of Farmington, as may be amended from time to time. (i) "Commission"means the joint powers body formed by the Cities of Apple Valley,Farmington and Rosemount, Minnesota. (j) "Converter"means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber. (k) "Council"means the City Council of the City of Farmington, Minnesota. (1) "Dqf'unless otherwise specified shall mean a calendar Day. (m) "Drop"means the cable that connects the ground block at the Subscriber's location to the nearest distribution point of the System. (n) "Effective Date" shall mean January 1,2023. (o) "FCC"means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. (p) "Franchise"means this franchise and the regulatory and contractual relationship established hereby. (q) "Franchise Fee"means, in accordance with 47 U.S.C. § 542(g), any tax, fee, or assessment of any kind imposed by the City or other Governmental Authority on Grantee or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee,or assessment of general applicability(including any such tax,fee, or assessment DOCSOPEN1AP 155\8\835955.v 1-10/31/22 imposed on both utilities and cable operators or their services but not including a tax,fee,or assessment which is unduly discriminatory against cable operators or Subscribers); (ii)capital costs which are required by the Franchise to be incurred by Grantee for PEG Access facilities;(iii)requirements or charges incidental to the award or enforcement of the Franchise,including payments for bonds, security funds,letters of credit, insurance, indemnification,penalties, or liquidated damages; or(iv) any fee imposed under Title 17 of the United States Code. (r) "Governmental Authority"means any court or other federal, State, county, municipal or other governmental department, commission,board,agency or instrumentality. (s) "Grantee"is Hiawatha Broadband Communications,Inc., its lawful successors,transferees or assignees. (t) Gross Revenues"means any and all revenues actually received by the Grantee, as determined in accordance with generally accepted accounting principles("GAAP"), from the operation of the Cable System to provide Cable Services in the Service Area. Gross Revenues shall not include any taxes, fees or assessments of general applicability imposed or assessed by any Governmental Authority, launch fees,tower rent,network capacity and facilities rent for the provision of non-cable services (including but not limited to voice or data services), investment income,bad debt,credits,refunds, any amounts collected from Subscribers for deposits,FCC Fees or PEG Fees. A Franchise Fee is not such a tax, fee or assessment. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. The parties acknowledge that the Grantee may offer a bundle or package of Cable Services and non-Cable Services at a discounted rate. In order to calculate Gross Revenues,the Grantee will allocate revenues between Cable Services (which are subject to the Franchise Fee)and non-Cable Services (which are not subject to the Franchise Fee but may be subject to other fees and/or taxes)included in the bundle or package of services. The Grantee shall apportion the revenues generated from bundled or packaged services on a proportionate pro rata basis among the services offered unless such allocation methodology is directly in conflict with GAAP,in which case Grantee shall allocate bundled revenues in accordance with GAAP, and in no event shall the Grantee allocate the revenues to evade its Franchise Fee obligations under this Franchise or disproportionately reduce Gross Revenues. (u) "Installation"means the connection of the System from distribution cable to the point of connection,including Standard Installations and custom Installations. DOCSOPEMAP 155\8\835955.v 1-10/31/22 (v) "Normal Business Hours"means those hours during which most similar businesses in the City are open to serve customers. In all cases, "Normal Business Hours"must include some evening hours at least one(1)night per week and/or some weekend hours. Cable System Normal Business Hours as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). (w) "Normal Operating Conditions"means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include,but are not limited to,natural disasters,civil disturbances,power outages,telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include,but are not limited to, special promotions,pay-per-view events,rate increases,regular peak or seasonal demand periods,and maintenance or upgrade of the Cable System. Normal Operating Conditions as defined herein shall be the definition set forth in 47 C.F.R. § 76.309(d). (x) "Other Programming Service"means information that a cable operator makes available to all Subscribers generally. Other Programming Services as defined herein shall be the definition set forth in 47 U.S.C. § 522 (14). (y) "PEG"means public, educational and governmental. (z) "Person"means any individual or any association, firm,general partnership, limited partnership,joint stock company,joint venture,trust, corporation, limited liability company or other legally recognized entity, private or public,whether for-profit or not-for-profit. (aa) "Service Area"means the entire geographic area within the City as it is now constituted or may in the future be constituted,unless otherwise specified in this Franchise. (bb)"Standard Installation"means any residential Installation which can be completed using an aerial Drop of one hundred twenty-five(125)feet. (cc) "State"means the State of Minnesota. (dd) "Right of Way.""Rights-of-Way"or"ROW"means the area on,below, or above a public roadway,highway, street, cartway,bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of- way for travel purposes and utility easements of local government units including the City. (ee) "Subscriber"means any Person who lawfully elects to subscribe to Cable Service via the System. Subscriber as defined herein shall be the definition set forth in 47 C.F.R. § 76.5(ee). (ff) "Video Programming"means programming provided by,or generally considered comparable to programming provided by, a television broadcast DOCS OPEN\A P 155\8\83 5955.v 1-10/31/22 station. Video Programming as defined herein shall be the definition set forth in 47 U.S.C. § 522(20). 1.3 Written Notice. All notices,reports or demands required or permitted to be given under this Franchise shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when five(5)Days have elapsed after it has been deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or on the next business Day if sent by express mail or nationally recognized overnight air courier addressed to the party to which notice,report or demand is being given, as follows: If to City: City of Farmington Attn: City Administrator 430 3rd Street Farmington,MN 55024 If to Grantee: Hiawatha Broadband Communications Attn: Vice President,Finance 58 Johnson St Winona, MN 55987 Such addresses may be changed by either party upon notice to the other party given as provided in this section. SECTION 2 GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Franchise Required. It shall be unlawful for any Person to construct, install, operate or maintain a Cable System or to offer Cable Service in the City unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid cable television franchise. The City shall at all times comply with the level playing field statute at Minnesota Statutes Section 238.08 and any other applicable state or federal level playing field requirements. 2.2 Grant of Franchise. (a) This nonexclusive Franchise is granted pursuant to the terms and conditions contained herein. The City hereby authorizes Grantee to occupy or use the City's Rights- of-Ways subject to: 1)the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all generally applicable nondiscriminatory and competitively neutral provisions of the City Code. Nothing in this Franchise shall be construed to prohibit Grantee from: (1)providing services other than Cable Services; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by applicable law and no provision herein shall be construed to limit or give up any City right to regulate. i i DOCSOPEMAP 155\8\835955,v 1-10/31/22 i (b) The City shall endeavor to require developers of future subdivisions to allow and accommodate the construction of the System as part of any provisions for utilities to serve such subdivisions. (c) The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance related to the safety,health, and welfare of the public or use of Rights-of-Way,to the extent that the provisions of the ordinance do not conflict with this Franchise. This Franchise is a contract and except as to those changes which are the result of the City's lawful exercise of its general police power,the City may not take any unilateral action which materially changes the explicit mutual promises in this contract. Any changes to this Franchise must be made in writing signed by the Grantee and the City. In the event of any conflict between this Franchise and any City ordinance or regulation that is not generally applicable,this Franchise shall control. Grantee reserves all rights it may have to challenge any modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (d) Nothing in this Franchise shall (a)abrogate the right of the City to perform any public works or public improvements of any description, (b)be construed as a waiver of any codes or ordinances promulgated by the City,or(c)be construed as a waiver or release of the rights of the City in and to the Rights-of-Way, or(d)be construed as a waiver or release of rights of the Grantee. (e) This Franchise complies with the Minnesota franchise standards set forth in Minnesota Statutes Section 238.084. The City and the Grantee shall conform to Minnesota laws promulgated subsequent to the date of this Franchise. The City and the Grantee shall conform to federal laws and regulations as they become effective. 2.3 Additional Providers (a) The Franchise granted herein shall be nonexclusive. (b) The City acknowledges that under Minn. Stat. §238.08, Subd. I(b)it may only grant additional franchises to provide Cable Service within the City on terms and conditions no more favorable or less burdensome than those in this Franchise pertaining to: (1)the area served; (2)public, educational, or governmental access requirements; or (3) franchise fees. Additionally, and beyond the requirements of Minn. Stat. §238.08,the City agrees that Grantee's obligations under this Franchise with regard to ROW access and responsibilities,complimentary service to public buildings,penalties and security, sale or transfer of ownership shall not be more burdensome or less favorable than those imposed on any such Additional Provider(defined below). (c) If any other provider of Cable Services is lawfully authorized by the City to provide such services using facilities located wholly or partly in the Rights-of-Way of the City ("Additional Provider(s)"),the City shall,within thirty (30)Days of a written DOCSOPEN\AP 15 5\8\835955.v 1-10/31/22 request from Grantee,modify this Franchise to ensure that the obligations imposed by Section 2.3(b)have been met. (d) If the City fails to make modifications consistent with Section 2.3(b) Grantee shall have the right to initiate an action in the state or federal district court for breach of contract or other appropriate claims and seek any and all appropriate relief, including specific performance. (e) Nothing in this Franchise shall impair the right of the City or Grantee to seek other remedies available under law. (f) In the event City initiates the franchising process pursuant to Minn. Stat. §238.081,the City shall notify Grantee in writing of its intent to initiate the franchising process prior to doing so. (g) Grantee shall have the right to operate the Cable System to the extent provided in any future amendment to applicable state or federal law. 2.4 Term. The initial term of this Franchise shall be for the period of ten(10)years from the date of acceptance by Grantee,unless renewed,revoked or,terminated sooner as herein provided("Initial Term"). The Initial Term may be extended by mutual agreement of the parties. 2.5 Intentionally Omitted 2.6 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations,terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligation under this Franchise and to assure uninterrupted service to each and all of its Subscribers;provided that such rules,regulations,terms and conditions shall not be in conflict with provisions hereto,the City Code or applicable law. 2.7 Territorial Area Involved. This Franchise is granted for the Service Area. (a) Grantee shall maintain the Cable System in a commercially reasonable manner. (b) Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the Cable System into any portion of the Service Area, provided, however, that if any Additional Provider operating in the City as of the Effective Date of this Franchise ceases the provision of Cable Service in the City,then the Grantee shall be obligated to extend the System and offer Service to all portions of the Service Area in which there is a minimum of thirty-five (35) homes per linear stand mile of cable as measured from Grantee's closest trunk line or distribution cable actively delivering Service. The Grantee shall be afforded a reasonable period of time to extend the System and make Service available, not to exceed six (6)months from a request for Service. SECTION 3 CONSTRUCTION STANDARDS i !, DOCSOPEMAP155\8\835955.v1-10/31/22 3.1 Permits. Grantee shall not construct any Cable System facilities until Grantee has secured the permits from City required by applicable law. 3.2 Grantee's Facilities and Equipment. (a) In those areas of the City where transmission or distribution facilities of all the utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. (b) Grantee shall be granted access to any easements granted to a public utility,municipal utility or utility district in any areas annexed by City or new developments. (c) In those areas of the City where Grantee's cables are located on the above- ground transmission or distribution facilities of the utility providing telephone or electric power service, and in the event that the facilities of both such utilities subsequently are placed underground, then the Grantee likewise shall construct,operate and maintain its transmission and distribution facilities underground. (d) Certain of Grantee's equipment, such as pedestals, amplifiers and power supplies,which normally are placed above ground,may continue to remain in above-ground closures. 3.3 Conditions on Right-of-Way Use. (a) Nothing in this Franchise shall be construed to prevent City from constructing, maintaining,repairing or relocating sewers; grading,paving,maintaining, repairing,relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing,maintaining, relocating, or repairing any sidewalk or other public work consistent with applicable law. (b) Relocation for the City. The Grantee shall, upon receipt of reasonable advance written notice, to be not less than ten (10) business Days, protect, support, temporarily disconnect, relocate, or remove any property of Grantee when lawfully required by the City pursuant to its police powers. Grantee shall be responsible for any costs associated with these obligations to the same extent all other users of the City rights- of-way are responsible for the costs related to the relocation of their facilities. (c) Relocation for a Third Party. The Grantee shall, on the request of any Person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Right-of-Way as necessary any property of the Grantee, provided that the expense of such is paid by any such Person benefiting from the relocation and the Grantee is give reasonable advance written notice to prepare for such changes. The Grantee may require such payment in advance. For purposes of this subsection, "reasonable advance written notice" shall be no less than ten (10) business Days in the event of a temporary relocation and no less than one hundred twenty (120)Days for a permanent relocation. DOCSOPEN\AP 15 518\83 595 S.v I.10/31/22 (d) Reimbursement of Costs. If funds are available to any Person using the Rights-of-Way for the purpose of defraying the cost of any of the foregoing,the City shall reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Grantee. (e) The Grantee shall,on request of any Person holding a moving permit issued by City,temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten(10)Days advance notice to arrange for such temporary changes. (f) Nothing in this Franchise shall be construed to prevent the City from adopting and enforcing requirements for the usage of Rights-of-Way,or from constructing,maintaining, repairing or relocating utility facilities,streets or sidewalks,or from grading,paving, maintaining,repairing,relocating and/or altering any Right-of-Way. (g) All System facilities shall be located so as not to obstruct or interfere with the use of Right-of-Way,and so as not to unnecessarily interfere with the usual and customary trade,traffic,or travel upon the streets and public places in the franchise area or endanger the life of property of any Person. 3.4 Tree Trimming. Grantee shall have the authority to trim trees, in accordance with applicable law. 3.5 Protection of Facilities. Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's facilities while performing any work connected with grading,regrading or changing the line of any Rights-of-Way or public place or the construction or reconstruction of any sewer or water system. 3.6 Safety requirements. The Grantee shall at all times keep and maintain the System in good condition, order,and repair so as to avoid endangering the life or property of any Person; employ ordinary and reasonable care and common industry practices to avoid causing damage, injuries, or nuisances to the public, and; keep and maintain the System in accordance with all federal, state and local laws and regulations including the National Electric Safety Code. 3.7 Drop burial. Grantee shall bury all drops in a reasonable time period which shall not exceed ten(10)business Days, subject to weather conditions and the completion of required utility locates. In the event the ground is frozen, Grantee shall be permitted to delay burial until the ground is suitable for burial which in no event shall be later than June 30th. 3.8 Repair of Rights-of-Way and property. Any and all Rights-of-Way or public property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of the System shall be promptly and fully restored by Grantee at its expense in accordance with any generally applicable ordinance governing Rights-of-Way. DOCSOPEN\AP 155\8\835955.v l-10/31/22 SECTION 4 DESIGN PROVISION 4.1 Cable System Design and Functionality. As of the Effective Date of this Agreement, the Grantee operates a multi-gigabit Fiber-to-the-Premise broadband network over which Grantee shall provide Cable Service pursuant to this Franchise, and which network shall therefore constitute a Cable System as defined herein. The parties acknowledge that the current design of the Cable System does not preclude the use of new technologies in the future. 4.2 Programming Decisions. (a) Grantee shall carry broad categories of video programming, including local news, sports, and entertainment. Any change in the broad categories of video programming or other information services shall require City approval consistent with 47 U.S.C.§544(b),which approval shall not be unreasonably withheld. (b) Grantee shall comply with federal law regarding notice to the City and Subscribers prior to any Channel additions, deletions, or realignments. 4.3 Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum,with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time,which regulations are expressly incorporated herein by reference. 4.4 Special Testing. City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30)Days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and,if possible,visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30)Days have elapsed without correction of the matter in controversy or unresolved complaints,the tests shall be conducted by a qualified engineer mutually selected by City and Grantee based on a mutually agreed upon scope of work. The parties shall bear their respective costs for the testing. 4.5 FCC Reports. The results of tests required to be filed by Grantee with the FCC shall also be copied to City within ten(10)Days of the conduct of the date of the test. 4.6 Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System(EAS)consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency i DOCSOPEN\AP 155\8\835955.v 1-10/31/22 Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan ("EAS Plan"). 4.7 Parental Control Lock. To the extent required by applicable law, Grantee shall provide, for sale or lease,to Subscribers,upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by Grantee. SECTION 5 SERVICE PROVISIONS 5.1 Rate Regulation. The City reserves the right to regulate rates for Basic Cable Service and any other services offered over the Cable System,to the extent authorized by applicable law. 5.2 Leased Channel Service. Grantee shall offer leased channel service on reasonable terms and conditions and in accordance with applicable law. 5.3 Service to Public Buildings. (a) For a period of one(1)year after the Effective Date, Grantee shall provide Basic Cable Service, or its lowest cost level of Cable Service,to a single Drop,with one (1) Converter (if necessary)to one(1) outlet,free of charge, at each public institution, elementary and secondary school building and public library building that currently receives complimentary Cable Service as of the Effective Date of this Franchise on a voluntary basis,as listed in the exhibit attached hereto as Exhibit A-1. Thereafter, Grantee shall provide the aforementioned service to fifty percent(50%)of the agreed upon locations attached hereto as Exhibit A-2; provided,however, Grantee shall not be required to extend service to any building or site not listed on Exhibit A-1 even if that results in Grantee serving less than fifty percent(50%)of the agreed upon locations attached hereto as Exhibit A-2. (b) Any public institution, elementary and secondary school building or public library building that receives Cable Service pursuant to this Section 5.3 shall be responsible for any costs incurred by Grantee to repair or replace any Drops, outlets or equipment required to receive or distribute the Cable Service. 5.4 Consumer Protection and Service Standards. Grantee shall comply with the FCC Customer Service Rules at 47 CFR §76.309,as may be amended,and the following: (a) Complaint records. Subject to Grantee's need to maintain the privacy of certain information, the Grantee shall at all times maintain a record of all written complaints received regarding interruptions or degradation of Cable Service and the resolution of such complaints, which shall be maintained for one (1) year. Upon request, Grantee shall make available for the City's review a written summary of such complaints and their resolution in accordance with Sections 7.3 and 7.4 herein. Upon request, Grantee will also make reports available with respect to the objectively measurable service standards established at 47 CFR§76.309. DOCSOPENUP 15 5\8\835955.v 1-10/31/22 (b) Additional customer service requirements. The City expressly reserves authority to adopt additional or modified customer service requirements to the extent provided in applicable FCC regulations. 5.5 Intentionally Omitted. 5.6 Sales Procedures. Grantee shall have the right to market door-to-door during reasonable hours consistent with this Franchise and existing local ordinances and regulation. 5.7 Subscriber Contracts. Grantee shall, upon written request,provide the City with any standard form residential Subscriber contract utilized by Grantee for Cable Service. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terns of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. Upon request, a list of Grantee's current Subscriber rates and charges for Cable Service shall be maintained on file with City,unless otherwise available on its consumer website, and shall be available for public inspection. For purposes of this section,the availability of this information on Grantee's website shall constitute compliance. 5.8 Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued, without cause,for twenty-four(24)or more consecutive hours, Grantee shall,upon request by the Subscriber,credit such Subscriber pro rata for such interruption. For this purpose,every month will be assumed to have thirty (30)Days. 5.9 Late Fees. Grantee shall comply with all applicable laws with respect to any assessment,charge, cost, fee or sum,however characterized,that Grantee imposes upon a Subscriber for late payment of a bill. 5.10 Disputes. All Subscribers and members of the general public may direct complaints,regarding Grantee's Service or performance to the chief administrative officer of the City or the chief administrative officer's designee,which may be a board of the City or the Commission. Grantee shall endeavor to resolve Subscriber complaints within thirty (30) Days. 5.11 Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers,and in a way that(a) is not misleading and(b) does not omit material information. Notwithstanding anything to the contrary in Section 5.4(d), above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c)of the Cable Act(47 U.S.C. §542(c)). 5.12 Local Office and Repair Phone Line. Grantee shall maintain a conveniently located customer service office which shall be staffed and open during Normal Business Hours. Grantee shall also maintain a local or toll-free telephone Subscriber complaint line, available to its Subscribers twenty-four(24)hours per Day, seven(7)Days a week. In the event Grantee elects to close its local office, Grantee shall provide at least sixty(60) Days prior written notice to the City. DOCSOPENUP 155\8\835955.v M 0/31/22 5.13 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 5.3(e),the twenty-four(24)hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally,Grantee shall state that complaints should be made to Grantee prior to contacting the City. 5.14 Subscriber Privacy. Only for so long as and to the extent required by Minn. Stat. §238.084 Subd. I(s), no signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. 5.15 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 6 PUBLIC ACCESS PROVISIONS 6.1 Intentionally omitted 6.2 Public,Educational and Government Access Facilities. City or its designee is hereby designated to operate, administer,promote,and manage the PEG programming (hereinafter"PEG Access")to the Cable System established pursuant to this Section 6. Grantee shall have no responsibility whatsoever for PEG Access except as expressly stated in this Section 6 and Exhibit B. 6.3 Grantee Support for PEG Usage. In accordance with the provisions of the Cable Act and Minnesota Statutes Section 238.084, Grantee shall provide and make available for PEG Access usage within the Service Area the following: (a) Provision and use of the funds and Channels designated in Exhibit B of this Franchise for local educational and governmental programming and access use in accordance with the requirements of Exhibit B. (b) Maintenance of the PEG Access Facilities and Channels, and support of educational and governmental programming to the extent specified in Exhibit B and D. Exhibit D shall be prepared annually and submitted to Grantee within ninety (90)Days after the end of each calendar year. (c) PEG Access Facilities shall be operated by the City and PEG Channels shall be programmed by the City or its lawful designee. DOCSOPENWP 15 5\8\835955.v 1-10/31/22 SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 7.1 Franchise Fee. (a) The City agrees to impose identical Franchise Fee obligations (including but not limited to the Franchise Fee percentage and the Gross Revenue definition on which the Franchise Fee is paid)on all Additional Providers of Service in the City. To the extent City fails to do so, Grantee shall have the right to pursue Franchise modification pursuant to Section 2.3 herein. If City and Grantee fail to agree on modifications pursuant to the process established in Section 2.3(c), Grantee shall have the right to eliminate or reduce any Franchise Fee obligations to an amount equivalent to that imposed on a competing provider to make Grantee's Franchise Fee financial obligations equivalent to that imposed on an Additional Provider. (b) During the term of the Franchise, Grantee shall pay quarterly to the City a Franchise Fee of five percent(51/o)of Gross Revenues. (c) Each Franchise Fee payment shall be paid quarterly not later than forty-five (45) Days following the end of a given quarter and shall be accompanied by a Franchise Fee Payment Worksheet substantially in the form attached hereto as Exhibit C. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) Days after the dates specified herein shall be past due and subject to interest at an annual rate of the prime interest rate during the period of underpayment plus 1%. (d) Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Franchise or for the performance of any other obligation of the Grantee. (e) No more than once every three (3) years and upon thirty (30) Days prior written notice, City shall have the right to conduct an independent review/audit of Grantee's records solely for the purpose of assessing Grantee's compliance with the Franchise Fee obligation herein. In the event the audit reveals an underpayment of five (5%)or more of the Franchise Fee amounts due during the period audited,the Grantee shall reimburse the City's audit fees and expenses in full. 7.2 Reports. (a) Grantee shall provide City with an annual statement,within ninety (90) Days of the close of each calendar year end,reflecting the total amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. (b) Upon request, Grantee shall provide City with a summary of service calls, identifying the number, general nature and disposition of such calls shall be submitted to DOCSOPEMAP 155\8\835955,v1-10/31/22 the City within thirty (30)Days following its request in a form reasonably acceptable to _ the City. (c) All reports and records required under this Franchise shall be furnished at the sole expense of Grantee, except as otherwise provided in this Franchise. 7.3 Records Required and City's Right to Inspect. (a) Grantee shall at all times maintain a full and complete set of plans,records and"as-built"drawings and/or maps showing the location of the Cable System installed or in use in the City, exclusive of Subscriber service Drops and equipment provided in Subscribers' homes. (b) Subject to the privacy provisions of the Cable Act and confidentiality designation of certain records under the Minnesota Data Practices Act, Min. Stat. Ch. 13 or other applicable law,throughout the term of this Franchise,the Grantee agrees that the City, upon reasonable prior written notice of thirty (30)Days to the Grantee, and no more than once per calendar year,may review such of the Grantee's books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee's compliance with the provisions of this Franchise ("Records"). Such notice shall specifically reference the section(s) of the Franchise that are under review so that the Grantee may organize the necessary Records for easy access by the City. Grantee shall make available for review such Records as soon as possible and in no event more than thirty(30)Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such Records pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a period of six(6)years,pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City access to Records on the basis that they are under the control of any parent corporation, affiliated entity or a third party. Grantee shall provide all Records requested by the City or City's agent in the following manner: 1)at a conference room in City Hall; or 2) at Grantee's office located in or near the City; or 3)via mail or electronic communication acceptable to the City and Grantee. All Records shall be subject to the provisions of this Franchise and applicable law regarding confidentiality. 7.4 Confidential Information. (a) Subject to applicable law, Grantee may choose to provide any confidential Records that it is obligated to make available to the City pursuant to this Franchise,by allowing the City, or its designated representative(s),to view the Records at a mutually agreeable location and without City obtaining its own copies of such Records. Grantee may also choose to provide any confidential or proprietary Records pursuant to a mutually acceptable non-disclosure agreement with a City designated agent. The intent of the parties is to work cooperatively to ensure that Records reasonably necessary for City's monitoring and enforcement of Franchise obligations are available to City while protecting Grantee's confidential information all in accordance with applicable law. To DOCSOPEN\AP 155\8\835955.v 1-10/31/22 the extent that Grantee does provide Records directly to the City, City agrees not to disclose Records except as required by applicable law. Grantee shall be responsible for clearly and conspicuously identifying the Records as confidential or proprietary. Grantee acknowledges that the Minnesota Data Practices Act, Minn. Stat. Chapter 13 ("MDPA") places limitations on the ability of the City to refuse public disclosure of certain information unless such information meets the statutory requirements set forth in the MDPA. (b) If the City believes it must release any such confidential or proprietary Records in the course of enforcing this Franchise, or for any other reason including compliance with the MDPA, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. The City agrees that,to the extent permitted by the MDPA and applicable law,it shall deny access to any of Grantee's Records marked confidential,as set forth above,to any Person and that it shall furnish only that portion of the Grantee's Records required under the MDPA and applicable law. SECTION 8 GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.1 Letter of Credit. (a) At the time of acceptance of this franchise,Grantee shall deliver to the City an irrevocable and unconditional letter of credit in the amount of Ten Thousand Dollars ($10,000.00). (b) In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in compliance with this section may charge to and collect from the letter of credit the following liquidated damages: 1. For failure to provide data,documents,reports or information required herein, the penalty shall be Fifty Dollars($50.00)per Day for each Day,or part thereof, such failure occurs or continues. 2. For failure to comply with construction, operation, customer service, or maintenance standards, the penalty shall be One Hundred Dollars($100.00) per Day for each Day,or part thereof,such failure occurs or continues. 3. For failure to meet the PEG access requirements set forth in Section 6 of this Franchise, the penalty shall be One Hundred Dollars ($100.00)per Day for each Day,or part thereof,such failure occurs or continues. 4. For failure to comply with any of the provisions of this Franchise, the penalty shall be Fifty Dollars($50.00)per Day for each Day, or part thereof, such violation continues. DOCSOPEMAP155\8\835955.v I-10/31/22 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. 8.2 Procedure for Franchise Enforcement. Whenever the City finds that Grantee has allegedly violated one(1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty(30)Days subsequent to receipt of the notice in which to correct the violation. Grantee may,within thirty (30)Days of receipt of notice,notify the City that there is a dispute as to whether a violation or failure has,in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time and the accrual of penalties. (a) City shall hear Grantee's dispute at a mutually agreed upon time. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute,the claim is upheld by the City,then Grantee shall have thirty (30)Days within which to remedy the violation before the City may seek to draw on the letter of credit. (c) Grantee may appeal any adverse decision by the City which shall stay the City's right to draw on the letter of credit until such time as the action has been finally adjudicated by a court of competent jurisdiction. 8.3 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to correct the alleged violation is of such a nature or character as to require more than thirty (30)Days within which to perform provided Grantee commences corrective action within fifteen(15)Days and thereafter uses reasonable diligence, as determined by the City,to correct the violation. 8.4 Letter of Credit Cap. If City draws upon the letter of credit or any subsequent letter of credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount up the maximum provided by this Section 8.4 the same within ten(10)Days and shall deliver to City a like replacement letter of credit or certification of replenishment for the full amount stated in Section 8.1(a) as a substitution of the previous letter of credit. This shall be a continuing obligation for any draws upon the letter of credit up to an aggregate total of Twenty-Five Thousand and No/100 Dollars ($25,000.00)over the Franchise term. 8.5 Liability Insurance. (a) Grantee shall with its acceptance of this Franchise, and at its sole expense, take out and maintain during the term of this Franchise commercial general liability insurance with a company licensed to do business in the State of Minnesota that shall protect the Grantee,the City and their officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise,whether such DOCSOPEN\AP 155M835955.v 1-10/31/22 operations be by the Grantee,its officials,officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include,but shall not be limited to,protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles,products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000.00)which may be satisfied by an umbrella liability policy. The following shall be included in the liability policy: 1. The policy shall provide coverage on an"occurrence"basis. 2. The policy shall cover personal injury as well as bodily injury. 3. The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries,personal injuries and property damage. 4.Property damage liability shall be afforded. 5.The City shall be named as an additional insured on the policy. 6. An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by the City will be called upon to contribute to a loss under this coverage. 7. Standard form of cross-liability shall be afforded. (b) Cancellation notice will be provided for any reason other than non- payment of premium and material alteration and requires the City provide Grantee a valid contact name and e-mail address(with any changes to the contact name or e-mail address being the responsibility of the City) (c) Grantee shall submit to City documentation of the required insurance, including a certificate of insurance evidencing these requirements. 8.6 Indemnification. (a) Grantee shall indemnify, defend and hold City, its officers,boards, commissions, agents and employees (collectively the"Indemnified Parties")harmless from and against any and all lawsuits, claims,causes of action, actions, liabilities, demands,damages, judgments, settlements,disability, losses, expenses(including attorney's fees and disbursements of counsel)and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of this Franchise,the operation of Grantee's System,the breach by Grantee of its obligations under this Franchise and/or the activities of Grantee,its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall D0050PEN\AP155\8\835955.v1-10/31/22 indemnify, defend and hold the Indemnified Parties harmless from and against any and all matters relative to payment of Grantee's employees, including compliance with Social Security and withholdings. (b) The indemnification obligations of Grantee set forth in this Franchise are not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation,disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise, or the terms, applicability or limitations of any insurance held by Grantee. (c) City does not, and shall not,waive any rights against Grantee which it may have by reason of the indemnification provided for in this Franchise,because of the acceptance by City, or the deposit with City by Grantee, of any of the insurance policies described in this Franchise. (d) The indemnification of City by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the Grantee's operations referred to in this Franchise,regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (e) Grantee shall not be required to indemnify City for negligence or misconduct on the part of City or its officials,boards, commissions, agents, or employees. City shall hold Grantee harmless, subject to the limitations in Minnesota Statutes Chapter 466, for any damage resulting from the negligence or misconduct of the City or its officials, boards, commissions, agents, or employees in utilizing any PEG Channels,equipment,or facilities and for any such negligence or misconduct by City in connection with work performed by City and permitted by this Franchise, on or adjacent to the Cable System. 8.7 Process. In order for City to assert its rights to be indemnified,defended,and held harmless, City must, with respect to each claim: i. Promptly notify Grantee within ten(10)business Days in writing of any claim or legal proceeding which gives rise to such right; ii. Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and iii. Fully cooperate with reasonable requests of Grantee,at Grantee's expense, in its participation in,and control,compromise, settlement or resolution or other disposition of such claim or proceeding subject to subparagraph(ii)above. 8.8 Grantee's Insurance. Grantee shall not commence any Cable System reconstruction work or permit any subcontractor to commence work until all insurance required DOCSOPENWP 15 5\8\835955.v 1-10/31/22 under this Franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this Franchise. 8.9 Workers' Compensation Insurance. Grantee shall obtain and maintain Workers' Compensation Insurance for all of Grantee's employees,and in case any work is sublet, Grantee shall require any subcontractor similarly to provide Workers' Compensation Insurance for all of their employees, all in compliance with State laws. Grantee shall provide the City with a certificate of insurance indicating Workers' Compensation coverage upon its acceptance of this Franchise. SECTION 9 SALE,ABANDONMENT,TRANSFER AND REVOCATION 9.1 Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three(3)months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment. 9.2 Removal After Termination or Forfeiture. (a) In the event of termination or forfeiture of the Franchise, City shall have the right to require Grantee to remove all or any portion of the System from all Rights-of- Way and public property within City associated solely with the provision of Cable Service;provided,however,that if Grantee is providing services other than Cable Services or pursuant to Minnesota Statutes, Section 237.01 et seq., City shall not require the removal of the System. Nothing in this section shall be deemed either to grant or to preclude the provision of services other than Cable Services. (b) If Grantee has failed to commence removal of System,or such part thereof as was designated by City, within one hundred twenty (120)Days after written notice of City's demand for removal is given,or if Grantee has failed to complete such removal within twelve(12)months after written notice of City's demand for removal is given, City shall have the right to declare all right,title,and interest to the System to be in City with all rights of ownership including, but not limited to,the right to operate the System or transfer the System to another for operation by it pursuant to the provisions of 47 U.S.C. § 547 (1989). 9.3 Sale or Transfer of Franchise. (a) No sale,transfer, or assignment of this Franchise, or"fundamental corporate change", as defined in Minnesota Statutes, Section 238.083, in Grantee, shall take place until a written request is filed with City for its approval,provided,however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall have thirty (30)Days from the time of the request to reply in writing and indicate its determination that a public hearing is necessary due to DOCSOPENUP 155\8\835955.v 1-10/31/22 potential adverse effect on Grantee's Subscribers resulting from the sale or transfer. Such determination shall be expressed in writing, (c) If a public hearing is deemed necessary pursuant to subparagraph(b) above, such hearing shall be commenced within thirty (30)Days of such determination and notice of any such hearing shall be given in accordance with local law or fourteen (14)Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date,time and place of the hearing and shall briefly state the substance of the action to be considered by City. (d) Thereafter, City shall approve or deny in writing the sale or transfer request. City shall set forth in writing its reason(s)for denying approval. City shall not unreasonably withhold its approval. (e) The parties to the sale or transfer of the Franchise only,without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. (f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 9.3. The term"controlling interest"as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (g) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations there under, and assuming all other rights and obligations of the transferor to the City. (h) In the event of any proposed sale or assignment pursuant to subparagraph (a) of this section City shall have the right of first refusal of any bona fide offer to purchase the System. Bona fide offer, as used in this section,means an offer received by the Grantee which it intends to accept subject to City's rights under this section. This written offer must be conveyed to City along with the Grantee's written acceptance of the offer contingent upon the rights of City provided for in this section. City shall be deemed to have waived its rights under this section in the following circumstances: 1. If it does not indicate to Grantee in writing,within sixty(60) Days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or 2. It approves the assignment or sale of the Franchise as provided within this section. 9.4 Reservation of Rights. City and Grantee reserve all rights that they may possess under applicable laws unless expressly waived herein. DOCSOPEN\AP 15 5\8\83595 5.v 1-10/31/22 SECTION 10 MISCELLANEOUS PROVISIONS 10.1 Franchise Renewal. Any renewal of this Franchise shall be in accordance with applicable laws. The term of any renewed Franchise shall be limited to a period not to exceed fifteen(15)years. 10.2 Work of Contractors and Subcontractors. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services on Grantee's behalf pursuant to the provisions of this Franchise. Grantee shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the Franchise and applicable laws and shall indemnify the City pursuant to Section 8.5 10.3 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with,the Cable Act and the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the State. 10.4 Non-Enforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance. 10.5 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 10.6 Calculation of Time. Where the performance or doing of any act, duty,matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein,the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday,that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 10.7 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Rights-of-Way for the purpose of providing Cable Service. However, Grantee's obligations to the City shall survive according to their terms. 10.8 Severability. If any provision of this Franchise is held by any Governmental Authority of competent jurisdiction,to be invalid as conflicting with any applicable laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct, and independent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such applicable laws are subsequently repealed,rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on City and Grantee,provided that City shall give Grantee thirty (30)Days written notice of such change DOCSOPEMAP 155\8\835955.v l-10/31/22 I before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. 10.9 Force Majeure. In the event Grantee's performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond Grantee's reasonable control shall include,but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes,untimely delivery of equipment, inability of Grantee to obtain access to an individual's property and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits. SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 11.1 Publication;Effective Date. This Franchise shall be published in accordance with applicable law. The Effective Date of this Franchise shall be the date specified in Section 1.2 - Definitions. 11.2 Acceptance. Grantee shall accept this Franchise within thirty(30) of its enactment by the City Council,unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. In the event acceptance does not take place,this Franchise and any and all rights previously granted to Grantee shall be null and void. (a) Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. (b) Grantee shall accept this Franchise in the following manner: 1. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 2. With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that have not previously been delivered. (c) Summary approved. Tile City Council hereby determines that the text of the summary marked"Official Summary of Ordinance No. ",a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. (d) Filing. The City Clerk shall file a copy of this ordinance in her office,which copy shall be available for inspection by any persons during regular office hours. DOCSOPEN\AP155\8\835955.v 1-10/31/22 (e) Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Passed and adopted this=Day of , 2022. CITY OF Farmington u ,Mayor ATTEST: U _ City Clerk DOCSOPEMAP155\8\835955.v I-10/31/22 ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. Hiawatha Broadband Communications, Inc. Dated: 2022 By: SWORN TO BEFORE ME this 194 h Day of , 2022 Jeanne Marie Theobald NOTARY PUBLIC MINNESOTA lemycorroissImEVIms 1131/2026 Notary Public DOCSOPEN\AP 155\8\835955.v i-10/31/22 EXHIBIT A-1 —Hiawatha Broadband Communications List DOCSOPEN\AP 155\8\835955.vl-10/31/22 EXHIBIT A-2—Commission Universal List NAME ADDRESS CITY FARMINGTON 430 Third Street FARMINGTON CITY HALL BOECKMAN 800 DENMARK FARMINGTON MIDDLE SCHOOL AVE (ISD 192 HEAD END) FAA CENTER 512 DIVISION ST FARMINGTON FARMINGTON 19650 FARMINGTON CENTRAL MUNICIPAL MAINTENANCE DRIVE FACILITY FARMINGTON 430 THIRD FARMINGTON CITY HALL STREET FARMINGTON 21625 DENMARK FARMINGTON FIRE STATION 1 AVE FARMINGTON 19695 FARMINGTON FIRE STATION 2 MUNICIPAL DR FARMINGTON 508 THIRD ST FARMINGTON LIBRARY FARMINGTON 21625 DENMARK FARMINGTON LIQUORS 1 AVE FARMINGTON 18350 PILOT FARMINGTON LIQUORS 2* KNOB ROAD FARMINGTON 19500 FARMINGTON POLICE DEPT MUNICIPAL DR FARMINGTON 325 OAK ST FARMINGTON RAMBLING RIVER CENTER FARMINGTON 114 SPRUCE ST FARMINGTON SCHMITZ-MAKI ICE ARENA AKIN ROAD 5231195TH ST W FARMINGTON ELEMENTARY SCHOOL DODGE MIDDLE 4200 208TH ST W FARMINGTON SCHOOL EXTENDED 211 3RD ST FARMINGTON CAMPUS FARMINGTON 500 MAPLE ST FARMINGTON ELEMENTARY SCHOOL FARMINGTON 20655 FARMINGTON HIGH SCHOOL* FLAGSTAFF AVE DOCSOPEN\AP155\8\835955.v 1-10/31/22 GATEWAY 510 WALNUT ST FARMINGTON ACADEMY IDEA PROGRAM 304 SPRUCE ST FARMINGTON MEADOW VIEW 6100 195TH ST W FARMINGTON ELEMENTARY SCHOOL RIVER VIEW 4100 208TH ST W FARMINGTON ELEMENTARY SCHOOL DOCSOPENMAP155181835955.v1-10/31/22 EX MIT B PEG ACCESS PROVISIONS 1. PEG Channels and Regional Channel. (a) City or its designee is hereby designated to operate,administer,promote,and manage PEG access provided over the Cable System. All Subscribers who receive all or any part of the total services offered on the System shall receive such Channels at no additional service charge. (b) Except as provided in Section 1(c), Grantee shall make available Channels for PEG access use(government, educational and public)as indicated in Section 2,below. City's use of the PEG Channels shall be for non-commercial PEG purposes only and shall be programmed in City's sole discretion. Grantee shall have no responsibility for the content, operations or use of the PEG Channels other than as specified herein. From and after the Effective Date,and except as this Franchise expressly provides otherwise,the City shall be responsible for all production and distribution costs associated with the provision of any PEG Channel,regardless of format, including but not limited to the cost of any equipment or facilities necessary to produce,transport, or transmit the PEG Channels from their signal origination point(s)to the designated location(s) indicated in Section 3(c)below for insertion on Grantee's System. The City may rename,reprogram,or otherwise change the use of these PEG Channels in its sole discretion,provided they remain solely for non-commercial PEG purposes and are operated in accordance with law. (c) City may request additional Channel(s)beyond the provisions of Section 1(b) in accordance with applicable law,including Minn. Stat. §238.084 which is expressly incorporated herein by reference. (d) The following governs the Grantee's use of the PEG Channels for other services if a Channel is not being fully utilized for PEG purposes: (i)If a PEG Channel is not"fully utilized"at any time during the term of this Agreement in accordance with Section I(d)(ii),the Grantee may temporarily use the PEG Channel no less than sixty (60)days after submitting a written notice of such use to the City. (ii)The PEG Channel shall be considered fully utilized if programming is delivered over it more than thirty-six(36)hours per week on average over a six(6)month period, excluding character generated,programming, static bulletin board type programming,or programming repeated more than seven(7)times in a single week (Mon-Sun). (iii)If the PEG Channel is being used by the Grantee in accordance with subsection(d)(i)and(ii), and the City has determined in good faith that it or its DOCSOPENW155\8\835955.v 1-10/31/22 designated PEG provider has the ability to fully utilize the Channel again,then the City shall request return of the PEG Channel by delivering written notice of same to the Grantee, which shall include adequate assurances by City of its ability to fully utilize the Channel. In such event,the PEG Channel shall be returned to the City for PEG programming within ninety(90) days after receipt by the Grantee of such written notice. (e) Grantee shall designate channel 6 for uniform regional channel usage only for so long as required by Minn. Stat. §238.43. 2. PEG Carriage Requirements. (a) Nothing herein precludes the Grantee from charging for any equipment needed to receive Basic Cable Service. (b) Grantee shall provide three(3) individual PEG Channels to all Subscribers in the City. Grantee shall further provide facilities and a connection to transport programming from Farmington's City Hall to Grantee's headend for broadcasting of the programming on the three(3) individual PEG Channels. The City shall produce or otherwise provide and transmit all the PEG channels in high definition("HD")and Grantee shall transport the Government,Education, and Public Access Channels from Farmington City Hall to Grantee's headend in HD and broadcast the appropriate programming streams in HD provided that the signals are received by the Grantee in HD and meet Grantee's technical specifications for HD channels. (c) In the event the City or Commission ceases to provide PEG programming in HD format or Grantee ceases to provide any channels in HD in the City, Grantee shall no longer be obligated to provide any HD PEG Channels. (d) The City acknowledges that receipt of an HD format Channel may require Subscribers to buy or lease special equipment, or pay additional HD charges applicable to all HD services provided by Grantee. (e) The use of specific PEG Channel numbers in this Exhibit B shall not limit Grantee's rights to relocate the PEG Channels pursuant to Section 3(b)herein. 3. PEG Channel Locations and Origination Sites. (a) Grantee shall cablecast the PEG Channels on the following Channel designations: Channels 180, 187, and 189. (b) Grantee shall give Subscribers at least sixty (60) Days prior written notice of any relocation of the PEG Channels to different Channel numbers. Prior to relocation, Grantee shall inform Subscribers of the new Channel locations through bill messages or inserts, and shall list the new Channel locations on the on-air program guide. The parties acknowledge that Grantee contracts with a third party or parties to provide on-screen and on-line program listings. It shall be the responsibility of the City, or its designee,to provide such detailed program information to the third-party entity or entities that produce DOCSOPENUP155\8\835955.v I-10/31/22 such listings for Grantee in accordance with each such entity's normal format and scheduling requirements and at the City's cost. (c) The Grantee shall provide two-way capability permitting live transmission of PEG Channels and programming upstream to Grantee's headend only at the following location: Farmington City Hall,430 Yd Street,Farmington, MN (d) The City shall have the right to extend additional two-way connections on mutually acceptable terms and conditions from public institutional sites to permit live transmission of PEG programming on PEG Channels to Grantee's headend and onto the System at the City's expense. The City may use the proceeds of the PEG Fee to pay such construction or PEG equipment and transmission costs. 4. PEG Technical Quality. (a) The PEG Channels shall meet FCC technical standards including those applicable to the carriage of PEG Channels,provided,however,that the Grantee is not responsible for the production quality of PEG programming provided to the Demarcation Point. (b) Upon request,throughout the term of the Franchise, Grantee shall provide updated contact information for a local technical representative,who shall be available to the City for consultation on technical matters as the need may arise. This technical representative shall be accessed through a direct telephone number available to the City (as opposed to a general public number). The Grantee shall not impose any unreasonable fees or charges to the City for this technical consultation. If such consultation is insufficient to diagnose the matter in question, within twenty-four(24)hours of a written request from City to the Grantee identifying a technical problem with a PEG Channel signal and requesting assistance, Grantee will provide, free of charge to City, diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible) and if so,Grantee will take prompt corrective action, free of charge to City, subject to the limitations on Grantee's responsibilities outlined herein. If the problem persists and there is a reasonable dispute about the cause,then the parties shall meet with engineering representation from Grantee and the City in order to mutually determine the course of action to remedy the problem.Nothing herein shall be construed to obligate Grantee to correct problems or take any other action caused by City's signal, City's network or internal wiring,City's equipment,PEG access program content or other issues within City's reasonable control. (c) Grantee shall comply with applicable law regarding the carriage of PEG Channels. 5. Channel Guide for PEG Channels. Grantee shall make its programming guide vendor available to the Commission, at the Commission's cost,to incorporate programming information about the Commission's PEG Channels in such guide. 6. PEG Financial Support. DOCSOPEMAP155\8\835955.v1-10/31/22 (a) Grantee shall collect a PEG fee of seventy-five cents ($0.75)per Subscriber per month (the"PEG Fee")commencing no later than sixty (60)days after the Effective Date provided that the actual amount of the PEG Fee shall be adjusted up or down as of June 30, 2023 to match the PEG fee collected and remitted by the incumbent Cable Service provider. Any increase or decrease of the PEG Fee shall be effective as of January 1, 2024, and the same PEG Fee shall apply to all providers. For purposes of this PEG Fee, "Subscriber" shall not include any Person who receives Cable Service on a complimentary basis or otherwise does not pay for the Cable Service. (b) Grantee shall remit the amounts collected from PEG Fees quarterly to the City, not later than forty-five(45)Days following the end of a given quarter. (c) The Cities shall use the proceeds of the PEG Payment only for capital support for PEG. In the event any amount of the PEG Payment is not used to support PEG capital, that amount may be offset against the Franchise Fee in accordance with applicable law. 7. Level Terms. If any franchise or authorization with an Additional Provider(s)requires such Provider(s) to collect a PEG Payment or PEG Fee that is less than that required in Section 6(a) and 6(b)above, Grantee may reduce its PEG Payment or PEG Fee to an amount equivalent to the PEG Payment or PEG Fee collected by such Additional Provider(s). DOCSOPEN\AP155\8\835955.v 1-10/31/22 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET—CONFIDENTL4L Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Other Revenue Equipment rental REVENUE Fee Calculated Fee Factor: 5% DOCSOPEN\AP(55\8\835955.v L 10131(22 EXHIBIT D ANNUAL REPORT FOR PUBLIC,EDUCATION AND GOVERNMENT (PEG) CAPITAL SUPPORT City of DATE OF REPORT Equipment Name/Type Manufacturer Name Model Number Purpose or Primary Use of Equipment Equipment Location(full address,room number) Cost$$ In a separate document, describe the(1)Present cable-related needs of the community;(2) Operational support City provides to operate the PEG Access Channel; (3) Current level of programming on the PEG Access Channels, indicating how many hours of programming are: (i)local; (ii)character generated or bulletin board-type programming;or(iii)repeated more than seven(7)times in a single week(Mon-Sun). DOCSOPEMAP 155\8\835955.v I-10/31/22 CITY OF FARMINGTON,MINNESOTA SUMMARY FOR PUBLICATION ORDINANCE NO. 023-773 AN ORDINANCE GRANTING A FRANCHISE TO HIAWATHA BROADBAND COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF FARMINGTON, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS NOTICE IS HEREBY GIVEN that on January 3rd, 2023, the City of Farmington adopted Ordinance No. 023-773. NOTICE IS FURTHER GIVEN that because of the lengthy nature of this ordinance, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the City of Farmington is granting a franchise to Hiawatha Broadband Communications to construct, operate, and maintain a cable communications system in the city for the purpose of providing cable service; setting forth conditions accompanying the grant of the franchise; providing for regulation and use of the system and the public rights-of-way in conjunction with the city's right-of-way ordinance, and prescribing penalties for the violation of the provisions thereof. APPROVED for publication by the City Council of the City of Farmington this 3rd day of January 2023. CITY OF FARMING By: -- — cish a Hoyt, Ma r ATTEST: By: Lynn rski City Administrator SEAL Approved as to form the 4th day of January 2023. City Attorney Published In the Dakota County Tribune the J3 fhday of 2023. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Kellee Omlid, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation from Finch & Daisy Consulting to the Rambling River Center—Parks and Recreation DATE: January 3, 2023 INTRODUCTION Finch & Daisy Consulting recently gave a donation to the Rambling River Center. DISCUSSION Finch & Daisy Consulting recently made a$2,500.00 donation to the Rambling River Center. The donated money will be placed in the Rambling River Center's Capital I mprovement Fund, so it may either be used for future building improvements at the Rambling River Center or to purchase new equipment or furniture. Finch & Daisy Consulting presented the check at a holiday coffee with treats,gifts for the seniors, and Santa. Staff will communicate the city's appreciation on behalf of the city council to Finch & Daisy Consulting for this generous donation. BUDGET IMPACT N/A ACTION REQUESTED Adopt the attached resolution accepting the donation of$2,500.00 from Finch & Daisy Consulting to the Rambling River Center. ATTACHMENTS: Type Description 0 Resolution Donation Resolution RESOLUTION NO. 01-23 ACCEPTING DONATION OF$2,500.00 FROM FINCH &DAISY CONSULTING TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota,was held in the council chambers of said City on the 3rd day of January 2023 at 7:00 p.m. Members Present: Hoyt, Bernatz, Lien, Porter,Wilson Members Absent: None Member Lien and Member Porter introduced and seconded the following: WHEREAS, a donation of$2,500.00 was made by Finch & Daisy Consulting to the Rambling River Center; and, WHEREAS, it is required by State Statute that such donation be formally accepted; and, WHEREAS, it is in the best interest of the city to accept this donation. NOW,THEREFORE, BE IT RESOLVED that after due consideration,the Mayor and City Council of the City of Farmington, Minnesota, hereby accepts with gratitude the generous donation of $2,500.00 from Finch & Daisy Consulting to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of January 2023. ayor Attested to the day of January 2023, City Ad inistrator SEAL CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 �I�II O Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: Kellee Omlid, Parks and Recreation Director SUBJECT: Approve Contract with Playground Guardian for Park Protector I nspection Software—Parks and Recreation DATE: January 3, 2023 INTRODUCTION Parks Maintenance staff completes monthly safety inspections on playground equipment throughout the park system. DISCUSSION Parks Maintenance staff is trained and certified by the National Recreation and Park Association as playground safety inspectors. This comprehensive training program is designed to properly train individuals to recognize and prevent potential playground hazards. Parks Maintenance staff uses this information to complete monthly safety inspections on all the city's playground equipment. Currently, Parks Maintenance staff records the safety inspections with paper and pencil and the results are stored in a binder at the Central Maintenance Facility. Staff had a few demos for software that allows for playground safety inspections to be recorded and tracked online. Park Protector Inspection software by Playground Guardian was the most user friendly and staff's preferred solution for tracking playground safety inspections. Park Protector is cloud-based and mobile friendly, so staff can complete the safety inspection on their cell phone at the park. This software is known for being able to work offline or in areas where Wi-Fi networks and mobile data aren't available. Staff can still perform the playground inspections with the software, log issues,track maintenance needs, and then upload the data once there is access to Wi-Fi or mobile data again. Park Protector will make it fast and easy to track issues and review reporting from any location. I n addition, the reporting and analyzing tools will make it easier for staff to see trends and reoccurring issues. BUDGET IMPACT The cost of the Park Protector Inspection Software is$3,000, which is billed annually. The cost of this software was budgeted for in the Parks and Recreation Administration 2023 budget. ACTION REQUESTED Approve the attached contract with Playground Guardian to purchase an annual subscription for the Park Protector Inspection Software. ATTACHMENTS: Type Description D Backup Material Playground Guardian Contract SCANNED Playgrountl Guardian,LLC PO Box 240981 QUOTE Charlotte,NC 28224 #62111 at.avt;aouna 704-99Z-7539 GUARDIAN FAX 704.525.7356 12/19/2022 City of Farmington Software City of Farmington Ship To Gip:55024 Attn:Dan Sclunitt 430'rliird Street Farmington,MN 55024 Phone: 651-•280-6800 DSohmitt@fariiiingtcimnia.gov t 1 PARK Playground Guardian-Park Protector $3,000.00 $3,000.00 PROTECTOR hrspectiou Software subscription based on 22 sites. Subscription billed annually. SubTotal: $3,000.00 Total Amount: $3,000.00 Prices are firm for 30 days.Acceptance of this quote indicates your agreement to Playground Guardian's terms which is net 30 days after determined start date.A signed P.O.made out to Playground Guardian or this signed quotation is required for all orders,Please call(800 438-2780 if you have any questions,fox(704)525-7356, Acceptance of quotation: Accepted By(printed): �ii '`y Data; /1.3Ic15R 3 Title; M q c�.r P.O.No; Telephone:_ 6 tp` a u o o 0_ Fax: Purchase Amount:$3,000.00 SALES TAX EXEMPTION CERTIFICATE#: (PLEASE PROVIDE A COPY OF CERTIFICATE) a sman Signature gust x�er Signature Page I of 2 City of Farmington Software QUOTE #62111 12/19/2022 ORDER INFORMATION: Bill to: Ship to: Contact: Contact: Address: Address: Address: Address: City,State,Zip: City,State,Zip: Tel: Fax: Tel: Fax: Page 2 of 2 CITY OF © 430 Third St., Farmington, MN 55024 FARMINGTON © 651.28°_68°° OFarmington MN,gov TO: Mayor, Councilmembers and City Administrator FROM: John Powell, Public Works Director SUBJECT: Joint Powers Agreement with Dakota County for CR 50/Flagstaff Avenue Modifications- Public Works DATE: January 3, 2023 INTRODUCTION To address safety concerns in the near term, Dakota County is proposing to modify traffic flow at the CR 50/Flagstaff Avenue intersection by eliminating southbound crossing and left turns from Flagstaff Avenue. As Flagstaff Avenue is a City roadway, Dakota County has prepared a Joint Powers Agreement (J PA)for City consideration. DISCUSSION Dakota County has been evaluating traffic volumes, crashes, and safety enhancement options for this intersection. Their proposed near-term solution is to restrict turning movements for vehicles that are southbound on Flagstaff Avenue such that only right turns onto westbound CR 50 will be allowed at the intersection. The County's recommended solution has been discussed at City Council Work Sessions held on February 7 and February 22 of 2022; at an I SD 192 School Board meeting held August 8, 2022; and at a public open house held at City Hall on September 27, 2022. This change will specifically impact school bus traffic and farm equipment needing to travel east on CR 50 or continue across CR 50 to the south;as they will need to enter westbound traffic then make a U-turn at the median opening to head east as equipment turning radiuses allow. As development in this area continues, and traffic increases on Flagstaff Avenue,the long-term solution will likely be a full access via installation of a traffic signal or roundabout. The City Attorney has reviewed the proposed JPA and finds it acceptable as drafted, assuming the City Staff has no objection to the infrastructure maintenance obligations. Approval of the JPA also allows the City Engineer to sign the cover sheet for the proposed construction plan as requested by Dakota County. BUDGET IMPACT Dakota County will pay 100 percent of the engineering, right-of-way, and construction costs associated with the project consistent with their cost participation policy. Post construction,the City will continue to be responsible for maintenance of City utilities in the area, as well as sidewalk and trail maintenance, per County policies. ACTION REQUESTED Approve the Joint Powers Agreement for Engineering, Right Of Way Acquisition and Construction with Dakota County for CR 50/Flagstaff Avenue Modifications ATTACHMENTS: Type Description D Backup Material JPA CR 50 and Flagstaff Avenue Modification D Backup Material CR 50 Project Layout D Backup Material CR 50 FAQ Dakota County Contract C0036058 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA THE CITY OF FARMINGTON DAKOTA COUNTY PROJECT NO. 50-32 CITY PROJECT NO. XXXX SYNOPSIS: Dakota County Transportation Department and the City agree to final design engineering, right-of-way acquisition, and construction for the reconstruction of Flagstaff Ave. from County Road(Co. Rd.) 50 (212Th St. W.) to 211"' St. W. in Farmington, Dakota County. The project includes reconstruction of City and County roadways, trail, ADA, improvements and drainage improvements. County Project 50-32 Dakota County Contract No. C0036058 November 7, 2022 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Farmington, referred to in this Agreement as "the City", WHEREAS, under MINNESOTA STATUTES §§ 162.17, subdivision 1 and 471.59, subdivision 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to reconstruct portions of Flagstaff Ave. from Co. Rd. 50 (212th St. W.) to 211th St. W. WHEREAS, the County has included the County Project in its Capital Improvement Programs; and WHEREAS, the purpose and need for the project is to improve safety and traffic operations at the intersection focusing on southbound traffic on Flagstaff Ave. turning onto County Road 50; and WHEREAS, the County will pay 100 percent of the engineering, right-of-way, and construction costs associated with the project to follow the Dakota County Cost participation Policy, F.15 Small Safety Projects; and NOW, THEREFORE, it is agreed that the County will pay costs associated with engineering, highway reconstruction, right of way acquisition, and related activities as described in the following sections: 1. Plans and Specifications. The County is the lead agency for project design, effective upon execution of this Agreement by both Parties. The County shall prepare the plans and technical specifications for the project. The City shall approve the plans and specifications prior to the County advertising for bids. The County will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. The County will receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the City in that award, according to the project plans. 2. Construction Administration. The County is the lead agency for construction administration and inspection of the Project, effective upon execution of this Agreement by both Parties. The County shall oversee the construction of the project, administer any changes to the construction contract in accordance with Paragraph 8 (Change Orders and Supplemental Agreements) of this 2 County Project 50-32 Dakota County Contract No. C0036058 November 7, 2022 document, and process any payments to the contractor in accordance with the applicable sections of this document. 3. Engineering and Inspection Costs. The County shall be responsible for 100% of all costs related to design engineering (all aspects, including public involvement, preliminary design, final design, etc.), construction engineering, construction management, construction inspection and all related materials testing for the County Project. 4. County Roadway Construction Items. The County shall be responsible for 100% of the construction costs for the roadway revisions on Flagstaff Ave. These costs include all highway construction and removal items, mobilization and traffic control, mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities eligible for County funding based on contributing flows; replacement or restoration of fences, landscaping and driveways when affected by construction; replace or adjust sanitary sewer, water and storm sewer systems, if required due to construction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; County's share of water pollution best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; temporary widening or signal systems if required as part of traffic control or project staging; and all other construction aspects outlined in the plan except for elements as called out under this agreement or the current Dakota County Transportation Plan. 5. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way easements for the County Project. The County will be responsible for 100% of the costs for acquiring right of way for roadway revisions on Flagstaff Ave. The County intends to utilize existing easement already acquired by the City for portions of the project. This includes, but is not limited to real property, sidewalk easements, landscape easements, drainage and utility easements. 6. Payment. The County will administer the contract and act as the paying agent for all payments for the construction contractor. The design will be completed by County staff. This will include the design costs related to Flagstaff Ave. and subsequent work on County Road 50. The county will fund 100% of the costs incurred. 7. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in 3 County Project 50-32 Dakota County Contract No. C0036058 November 7, 2022 accordance with this Agreement has been completed. Except for on-going maintenance activities including sidewalk, landscape, and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2024, unless the parties mutually agree to an extension of the project term. 8. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost will be approve by County staff. The County will provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 9. Final completion. Final completion of the construction project must be approved by both the County and the City. 10. Storm Sewer& Maintenance. The County shall be responsible for 100% of the Storm sewer construction. Storm sewer inspection, maintenance and repair shall be in accordance with the provisions outlined in previous Joint Powers Agreements between Dakota County and the City of Farmington, if any, or the Dakota County Transportation Plan. The County shall be responsible for 100% of the adjustments to sanitary sewer and water systems during construction due to the project impacts. 11. City Utilities: The County shall pay all costs, including design, for adjustments to sanitary sewer, water mains, and appurtenances as part of this Project. Further, the City shall be responsible for the maintenance of all such facilities after the completion of the Project. 12. Sidewalks and Bike Trails. Upon acceptance of the project, the City shall be responsible for sidewalk and trail maintenance. The County shall be responsible for the costs of trail resurfacing or reconstruction in accordance with the current Dakota County Transportation Plan. 13. Pavement Maintenance. Upon acceptance of the project by the County and City, the City shall be responsible for all pavement maintenance within the right of way of Flagstaff Ave. unless necessitated by a failure of a municipal utility system or installation of new facilities. 14. Subsequent Excavation. After completion of the project, and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sewer, or other city utilities, the County shall apply for a permit from the City and shall be responsible to restore the excavated area and road surface to its original condition at 4 County Project 50-32 Dakota County Contract No. C0036058 November 7, 2022 the time of disturbance. If the County fails to have the highway properly restored, the City may have the work done and the County shall pay for the work within 30 days following receipt of a written claim by the City. 15. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, unless amended by the contract specifications. 16. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All Parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 17. Acts of Employees. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City and any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 18. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor 5 County Project 50-32 Dakota County Contract No. C0036058 November 7, 2022 or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 19. Integration and Continuinq Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the roundabout intersection and road expansion provided for in this Agreement. 20. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA CITY OF FARMINGTON Erin Laberee (or successor) John Powell (or successor) Dakota County Engineer City Engineer 14955 Galaxie Avenue 430 Third Street Apple Valley, MN 55124 Farmington, MN 550024 Office: (952) 891-7102 Office: (651) 280-6846 All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] 6 DocuSign Envelope ID:C23CEB62-3D74-40EB-96E5-46EBDF633FFA IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: Jt&, Pal By City Engineer Mayor (SEAL) By clU ' City C rk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: DocuSignnedd by: Y- � 01/11/2023 1 8:S9 AM CST /s/Joseph Marek 11/7/22 -o-d Wer Assistant County Attorney Date KS-22-606 DocuSigned by: By:F1 Physlca eve opment Director COUNTY BOARD RESOLUTION No, 22-427 Date: October 4, 2022 Date:01/11/2023 1 9:01 AM CST DocuSign; Certificate Of Completion Envelope Id:C23CEB623D7440EB96E546EBDF633FFA Status:Completed Subject:CITY OF FARMINGTON CONTRACT#C0036058 Source Envelope: Document Pages:10 Signatures:2 Envelope Originator: Certificate Pages:2 Initials:0 Wanda Rodriguez AutoNav:Enabled 1590 Highway 55 Envelopeld Stamping:Enabled Hastings,MN 55033 Time Zone:(UTC-06:00)Central Time(US&Canada) Wanda.rodriguez@co.dakota.mn.us IP Address:47.232.57.177 Record Tracking Status:Original Holder:Wanda Rodriguez Location:DocuSign 1/11/2023 7:05:05 AM Wanda.rod riguez@co.dakota.mn.us Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Dakota County Location:DocuSign Signer Events Signature Timestamp Erin Laberee Sigby: Sent:1/11/2023 7.06:46 AM erin.laberee@co.dakota.mn.us ED— ned u" Viewed: 1/11/2023 8:40:25 AM Assistant County Engineer 74133AE1644C4CB... Signed:1/11/2023 8:59:52 AM Dakota County Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address:97.92.76.88 Electronic Record and Signature Disclosure: Not Offered via DocuSign D B�gned by: Georg Fischer Sent:1/11/2023 8:59:53 AM georg.fischer@co.dakota.mn.us 1Z_A29C8B81689"C4...~aistJL.V' Viewed: 1/11/2023 9:01:04 AM Director,Physical Development Division Signed:1!11/2023 9:01:12 AM Dakota County Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address:207.171.99.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events StatusTimestamps Envelope Sent Hashed/Encrypted 1/11/2023 7:06:46 AM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 1/11/2023 9:01:04 AM Signing Complete Security Checked 1/11/2023 9:01:12 AM Completed Security Checked 1/11/2023 9:01:12 AM Payment Events Status Timestamps C.S.A.H. 50 (LAKEVILLE BLVD.) AND FLAGSTAFF AVE. ,oFEARMjyc transportation INTERSECTION IMPROVEMENT PROJECT we get you there * C; HJT.A PRofitM S� t U N Y� k,k�eb• ., I I !I1 '<... ice'+.aA:! •*,elfs�yeyd� � _. ... .....p .z•� "'+�/. L'% qty sa.-LL.'i..�:. 2 ,. Poo _� i yt SPF Eft MIT SPEED l �� LyM-L LIMIT 55 � S, TC.S.A.H 50 (LAKEVILLE BLVD.) 4siiyi 1.FFraAc v ...„ - 14 �.:.-•..gam A a LEGEND DENOTES SECTION LINE --- DENOTES NEW R/W LINE DENOTES EMTING R/W LINE DENOTES 37UMINQUS PAVEMENT DRAFT O DENOTES HILL A OVERLAY DENOTES CONCRETE PAVEMENT DENOTES TURF CRASS 8o 8 HORZ. p 08/29/2022 ��F ARMjyco\ A� 6 Q C O U N T Y A PROM�S��� i County Road 50 & Flagstaff Ave. Frequently asked questions: 1. Can a signal be installed at this intersection now? Traffic signals are typically installed at locations with high conflicting traffic volumes to manage consistently high volumes of traffic throughout the day and throughout the year.Traffic signals rarely improve safety,rather they consistently have the highest crash rate(calculation considering both number of crashes and entering traffic) and severe crashes of all intersection types.The proposed design changes the geometry of the intersection to address the specific safety issues and demonstrated crash issues observed at the intersection. 2. Should a roundabout be considered at this intersection? Roundabouts are an intersection tool to reduce crashes and improve traffic flow in areas with moderate to high volumes of traffic on each roadway. At this time the legs of this intersection have unbalanced volumes and Flagstaff has relatively low traffic volume throughout the day. The volumes on CSAH 50 compared to flagstaff can lead to difficulties for traffic on the side road finding gaps to enter the circulatory roadway. Based on this review,at this time,a roundabout is not an applicable traffic control for this area. 3. Will the design allow enough room for the southbound Flagstaff right turn to make a U-turn to travel back to the east? The proposed design will allow the vehicles to utilize the existing left turn lane located about 850'west of Flagstaff Ave. If additional storage is needed,motorists could proceed west to the next left turn to complete a U-turn safely. County staff has evaluated the U-turn needs during the high school dismissal period to determine the current U-turn location can accommodate these movements. Staff will continue to monitor the queuing and turning levels this fall;a potential new U-turn location to provide additional storage could be considered. 4. Why is the signal at County Road 50&County Road 31 (Pilot knob Road) needed but this intersection it is not? A determination of the need for a traffic signal is based on several factors including side road traffic levels throughout the day. The levels of traffic turning left from Pilot Knob meet the volume thresholds for over 8 hours of the day. The volumes of traffic turning left from Flagstaff Ave.onto County Road 50 are about half the volume of southbound left turns occurring County Road 31(Pilot Knob Road)when evaluating the traffic levels throughout the day. 5. What are the next steps following the proposed project improvements? The county and city will continue to monitor the intersection to determine if a different traffic control is best for the location as development occurs.The level of traffic will need to grow substantially on Flagstaff to meet a level where a traffic control change is appropriate. The city and county will discuss potential of programming a preliminary design for this intersection to understand right of way needs and utility location needs to be prepared for a project in the future when a traffic control change is needed. [Title] 1 CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 .�® Farmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: Lynn Gorski, City Administrator SUBJECT: Annual Organizational Matters-Administration DATE: January 3, 2023 INTRODUCTION Annually at the first City Council meeting of the year, appointments are made to a variety of committees and assignments. DISCUSSION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments and Council has traditionally taken this time to approve the following actions: (1). Acting Mayor—Council By-laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. According to the Council By-laws, in an odd numbered year the member serving the third year of their term who received the most votes when elected shall be Acting Mayor. For 2023, Councilmember Wilson should be appointed as Acting Mayor. (2). Official Publication—The city solicited a quote from the Dakota County Tribune newspaper for legal publications and a quote was received. Farmington no longer has a newspaper with a known office or secondary office located in Farmington. Therefore, due to low cost and high circulation, staff is recommending the Dakota County Tribune be designated as the city's official newspaper. See attachments for further information. (3). City Attorney—Staff recommends re-appointing the firm of Campbell Knutson as City Attorney for the year 2023. A copy of the agreement is attached which does not have an expiration date. (4). Official Depositories—Please refer to the attached memo that identifies official city depositories for fiscal year 2023. (S). Process Servers—The Farmington Police Department is the designated city Process Server for 2023. (6). City Clerk's Bond—State law requires the City Clerk be bonded. The city is covered by a$1,000,000 Faithful Performance bond. (7). Fees and Charges—At the December S, 2022, City Council meeting, Council adopted Ordinance 022- 770 establishing fees and charges for the year 2023. (8). Boards and Commissions—I nterviews were held on Monday, December 12, 2022,for the purpose of selecting commission candidates. Appointments will be made atthe January 17, 2023, City Council meeting. (9). ALF Ambulance Board Appointment Primary and Alternate—A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2023. Councilmember Wilson served as the primary representative and Councilmember Lien as alternate in 2022. Meetings are held the fourth Thursday of the month following the end of the quarter(January, April,July, October). (10). Dakota 911 Board of Directors Appointment—A director and alternate director will need to be appointed for 2023—2024. Councilmember Bernhjelm served as Director and Councilmember Porter served as Alternate Director through December 31, 2022. Meetings are held quarterly on the third Thursday of the designated month at 8:00 a.m. in the DCC Training Room (Feb, May, Sept, Nov). (11). Castle Rock, Empire, Eureka, Farmington (CEEF)Appointment—A primary and an alternate will need to be appointed for 2023. Mayor Hoyt served as the primary and Councilmember Wilson served as the alternate on the CEEF Board. Meetings are held as needed. (12). Joint Farmington/Empire Planning Advisory Committee Appointments—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2022, Councilmember Bernhjelm, City Administrator Lynn Gorski, and Planning Commission Member Phil Windschitl served on this committee. Meetings are held as needed. (13). Farmington/Castle Rock Discussion Group—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2022, Councilmember Wilson, City Administrator Lynn Gorski, and Planning Commission Member Lee Ann Lehto served on this board. Meetings are held as needed. (14). Eureka/Farmington Planning Advisory Committee—Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. I n 2022, Mayor Hoyt, City Administrator Lynn Gorski, and Planning Commission Member Krista Tesky served on this board. Meetings are held as needed. (15). M USA Review Committee Appointments—Appoint two Councilmembers to serve on this board in 2023. Councilmembers Wilson and Bernhjelm currently serve on this board along with Planning Commission Chair Dirk Rotty and Member Rebecca McAbee. Meetings are held as needed. (16). Liquor Operations Committee—Appoint two Councilmembers to serve on this committee in 2023. Councilmembers Bernhjelm and Porter currently serve on this committee. Meetings are held once a year. (17) Dakota Broadband Board—Appoint one member and one alternate to serve on this committee in 2023. Currently Mayor Hoyt serves as a member and Councilmember Porter serves as the alternate. Meetings are held monthly the second Wednesday at 4 pm in Apple Valley. (18) Dakota Broadband Executive Committee—Appoint Peter Gilbertson as Primary and Lynn Gorski as alternate to the Dakota Broadband Executive Committee for 2023. Meetings are held monthly the second Wednesday at 3 pm in Apple Valley. (19) Airlake Airport Advisory Commission—Councilmember Wilson serves as the primary representative and Councilmember Porter as the alternate for 2022—2023. Meetings are held twice a year. (20) Fire Relief Board of Trustees—Appoint a Councilmember to serve as an elected municipal official and acknowledge Justin Elvestad to serve as Fire Chief, and City Administrator Lynn Gorski as the appointed municipal official of the City of Farmington for 2023. Mayor Hoyt and City Administrator Lynn Gorski and Fire Chief Justin Elvestad currently serve on this board. Meetings are held quarterly. (21). Appointment of Director and Alternate to LOGIS—Appoint Jim Constantineau as Director and Chris Regis as Alternate to LOG I S for 2023. (22). Responsible Authority for data practices appointment—Appoint by resolution, City Administrator, Lynn Gorski as responsible authority for data practices and Julie Flaten as compliance officer and Gary Rutherford as responsible authority for law enforcement for 2023. (23). Approve the City Council By-laws as presented. (24). Attached are current City Council Policies for review. Council should advise of any desired changes. BUDGET IMPACT N/A ACTION REQUESTED Make appointments to all of the committees and assignments for 2023. ATTACHMENTS: Type Description D Exhibit Exhibits COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 3, 2023 MOTION by , second by as follows: (1). That Councilmember be designated as Acting Mayorfrom January 3, 2023, through December 31, 2023. (2). That the Dakota County Tribune be designated as the official publication from January 3, 2023,through December 31, 2023. (3). Continue the Agreement for Legal Services with Campbell Knutson,as City Attorney for 2023. (4). That Old National Bank of Farmington, Oppenheimer & Co., Inc., RBC Capital Markets and Castle Rock Bank, be designated as the Official Depositories from January 3, 2023, through December 31, 2023. (5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2023. (6). Approve a $1,000,000 Faithful Performance bond for the City Clerk. (7). ORDINANCE NO. 022-770 Establishing Fees and Charges for licenses and permits for 2023 was adopted December 5, 2022. (8). Appointments to Boards and Commissions — Candidates were interviewed December 12, 2022, and appointments will be made at the January 17, 2023, Council Meeting. (9). Appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. (10). Appoint Councilmember as Director and Councilmember as the Alternate Director to the Dakota 911 Board of Directors through December 31, 2024. (11). Appoint Councilmember as the City's representative to the CEEF Committee. (12). Appoint Councilmember Staff member Lynn Gorski and a Planning Commission member to the Farmington/Empire Planning Advisory Committee. (13). Appoint Councilmember ,Staff member Lynn Gorski and a Planning Commission member to the Farmington/Castle Rock Discussion Group. (14).Appoint Councilmember , Staff member Lynn Gorski, and a Planning Commission member to the Eureka/Farmington Planning Advisory Committee. (15). Appoint Councilmembers and to the MUSA Review Committee. (16). Appoint Councilmembers and to the Liquor Operations Committee. (17). Appoint Councilmember as a member and Councilmember as alternate to the Dakota Broadband Board. (18). Appoint Peter Gilbertson as Primary and Lynn Gorski as alternate to the Dakota Broadband Executive Committee. (19). Councilmember Wilson serves as the primary representative and Councilmember Porter serves as the alternate through December 31, 2023, on the Airlake Airport Advisory Commission. (20). Appoint Councilmember to serve on the Fire Relief Board of Trustees as an elected municipal official and City Administrator Lynn Gorski as the municipal representative and Justin Elvestad as Fire Chief. (21). Appoint Jim Constantineau as Director and Chris Regis as Alternate to LOGIS for 2023. (22). Appoint by RESOLUTION R -23 Lynn Gorski as the Responsible Authority for data practices and Julie Flaten as Data Practices Act Compliance Officer and Gary Rutherford as Responsible Authority for law enforcement for 2023. (23). Approve City Council By-laws as presented. (24).Approve the Council Policies as presented or advise of any desired changes. APIF, MOTION CARRIED. O 43o Third St., Farmington, MN 55024 FARMINGTON ® 651-28o-6800 FarmingtonMN.gov TO: Mayor and City Council FROM: Lynn Gorski, City Administrator SUBJECT: 2023 Official Newspaper DATE: January 3, 2023 INTRODUCTION Each year the City Council designates an official newspaper for publications for city business. This action is taken at the first meeting of the year as a part of the organizational matters. DISCUSSION The City Attorney has developed the form that the newspapers use to send in their proposals. State statute 331A.04 deals with the designation of a newspaper for official publication for the city. A copy of state statutes 331A.01 (definitions) and 331A.04 are included with this memo for your review. The city shall designate a qualified newspaper in the following priority: 1. The known office of issue located within the city shall be designated. 2. When no qualified newspaper has a known office of issue located in the city, a newspaper that has a secondary office located in the city shall be designated. 3. If no known office of issue or secondary office is located in the city, a qualified newspaper of general circulation shall be designated. The City Council may ignore the priorities by state statute and select any qualified newspaper if all of the following conditions are met: 1. The newspaper is a qualified medium of official and legal publication. 2. The publisher of the newspaper furnishes a sworn statement covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper has a general circulation in the area to which a public notice is directed, or where there is a reasonable likelihood that the person to whom it is directed will become aware of the notice. 3. The newspaper has provided regular coverage of the proceedings of the governing body of the city and will continue to do so. 4. The city votes unanimously to designate the newspaper. The city has received one proposal for our official newspaper for 2023,from the Dakota County Tribune. All of the information submitted by the newspaper is included with this memo for your review. Farmington does not have a newspaper with their known office or secondary office of issue within the City of Farmington. Following is the pricing information submitted: Number of Characters per line Type Size Price per Inch Dakota County Tribune 36 7 $5.80 BUDGET IMPACT The costs for publishing required information in our official newspaper are included in various budgets in the 2023 city budget. ACTION REQUESTED Due to low cost and high circulation, city staff recommends that a motion be made to designate the Dakota County Tribune as the official newspaper for 2023. ADAM r D;r4 EAST CENTRAL MINNESOTA December 1, 2022 Ms. Cynthia Muller City of Farmington, 430 Third Street Farmington, MN 55024 Dear Ms. Muller, Please accept the following bid from the Dakota County Tribune for legal newspaper designation for the City Of Farmington. This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2023: First insertion: $5.80 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. A$20 charge will be assessed on legal notices that require typing.All published legal notices are posted on the SunThisweek/Dakota County Tribune website at no additional charge., The Dakota County Tribune is published weekly on Fridays. The deadline is 10:00 a.m. on Tuesdays for publication on Friday of the same week. Early deadlines apply the week of a holiday. Please email legal notices to publicnotice0apaecm.com. Thank you for considering the Dakota County Tribune as the official newspaper for the City of Farmington for the upcoming year. We appreciate the opportunity to serve the needs of your district. Sincerel C)l4��� Tonya Orbec Adams Publishing Group Legal Notice Department Manager 763-691-6001 15322 Galexle Avenue Suite 219•Apple Valley,MN 55124.970.343.0407•SUNTHISWEEK.COM EXHIBIT A FARMINGTON OFFICIAL NEWSPAPER PROPOSAL Submission Date:December 12,2022 Name of Publication: Dakota County Tribune Name of Publisher: Adams Publishing Group Contact Person and Method/Means of Contact: Tonya Orbeck, Legal Dept. Manager Tonya.Orbeck@apgecm.com, 763-691-6000 Specify address for the Known Office of Issue for your paper: 15322 Galaxie Ave.,#219, Apple Valley, MN 55124 Specify address for the Secondary Office of Issue for your paper 234 South Main Street,Cambridge,MN 55008 Note:if your newspaper has a Secondary Office within the City of Issue and wishes to be considered for designation pursuant to the exception provided in law, please include the following: a sworn statement by the newspaper publisher,verified by a recognized independent circulation auditing agency,covering a period of at least one year ending no earlierthan 60 days before designation of the newspaper,stating that the newspaper has a general circulation in the area to which a public notice is directed,or where there is a reasonable likelihood that the person to whom it is directed will become aware of the notice;the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so. Please also note that the law authorizes designation under this exception only if the governing body votes unanimously to designate the newspaper. Provide the approximate readership of the newspaper: 8.387 Provide the circulation or readership within the City of Farmington:2085 Provide the circulation within zip code 55024: 2085 Provide the delivery method for the newspaper: U.S. Post Office Frequency of publication:Weekly every Friday Legal notice deadline: 10:00 a.m. Tuesday for Friday's edition 70189 3 Indicate whether newspaper is compatible with Microsoft Word:Yes Indicate whether newspaper is compatible with Adobe Reader:Yes If the newspaper is not compatible with Microsoft Word and Adobe Reader, identify what electronic means the newspaper would use to accept communications from the city: Excel for financial statements Identify the number of characters and spaces that your publication uses per line 36 Identify the type size, in points, of legal notices (must be a minimum of six points): 7 point body,8 point heading Price per inch for printing legal notices:$5.80 per column Inch Note:The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears,and shall include all cash discounts,multiple insertion discounts,and similar benefits extended to the newspaper's regular customers. Provide the lowest classified rate for commercial users as described above: $10 70189 4 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA Lori Peterson being first duly sworn, on oath states as follows: 1. 1 am the publisher of the Dakota County Tribune, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit,which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes§331 A.02. 3. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to§331A.06, is as follows: $10 per column inch. 4. [NEW] Mort. -ge Foreclosure Notices (Effective 711115). Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices:The newspaper's known office of issue is located in Dakota County. The newspaper complies with the conditions described in §580.033, subd. 1, clause(1)or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. {—�( 41&-4C-c Signature Subscribed and sworn to me on this 12 day of December, 2022 N,nnwwvw„wvww TONYA R ORBEOK NOTARY PUBLIC.MINNESOTA My commission Fxpm Jan.31,2023 Notary Public OR sultatm1d011LaddpVMQMad,todCb Aft (AofawmbRmCaepnbvottrab(k8non9) I.Ptlfattu ftlt 2ftbYiipMr-W Olmpma DAM"LINO I I 1-12 1 1 9 0 $.22022 4wNva1SpuMdl9aRt7deaMmh /kaMl9iYdpu�Ka Wed •Poch 52 a9M 1.hada+VaWmaem o"o4av*dtkWID.l! 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Subdivision 1, Scope.As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd.2.Known office of issue. "Known office of issue"means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office.A newspaper may have only one known office of issue. Subd. 3.Political subdivision."Political subdivision"means a county,school district,home rule charter and statutory city or town, or any other local political subdivision or local or area district, commission, board, or authority. Subd.4.MS 2020 [Repealed,2022 c 61 s 11] Subd. 5.[Repealed,2004 c 182 s 331 Subd. 6.Proceedings."Proceedings"means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting,and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion,the character of resolutions or ordinances offered,including a brief description of their subject matter,and whether defeated or adopted. Subd. 7. Public notice."Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper,and includes: (1)every publication of laws, ordinances,resolutions,financial information,and proceedings intended to give notice in a particular area; (2)every notice and certificate of election,facsimile ballot,notice of referendum,notice of public hearing before a governmental body,and notice of meetings of private and public bodies required by law; (3)every summons,order, citation,notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date;and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02.The following terms,when found in laws referring to the publication of a public notice,shall be taken to mean a qualified newspaper:"qualified legal newspaper,""legal newspaper," "official newspaper," "newspaper,"and"medium of official and legal publication." Subd. 9.Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located,in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions,whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10.Summary. "Summary"means an accurate and intelligible abstract or synopsis of the essential elements of proceedings,ordinances,resolutions,financial statements,and other official actions.It shall be written in a clear and coherent manner, and shall,to the extent possible,avoid the use of technical or legal terms not generally familiar to the public.When a summary is published,the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a Official Publication of the State of Minnesota Revisor of Statutes 331A.01 MINNESOTA STATUTES 2022 2 designated location or by standard or electronic mail.A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published.No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. 11.Recognized industry trade journal. "Recognized industry trade journal"means a printed or digital publication or website that contains building and construction news of interest to contractors in this state,or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. Subd. 12.Publish."Publish"means dissemination in the print edition of a qualified newspaper,and in the e-edition of the qualified newspaper if applicable. Subd. 13. General circulation. "General circulation" means that a newspaper distributes more than a nominal percentage of its total print circulation in a particular geographic area. Subd. 14.E-edition. "E-edition" means a digital facsimile of a newspaper's print edition that is substantially the same in both format and content as the print edition. History: 1984 c 543 s 20; 1986 c 444;2004 c 182 s 3-7;2013 c 46 s 1;2022 c 61 s 1-4 Official Publication of the State of Minnesota Revisor of Statutes 1 MINNESOTA STATUTES 2022 331A.02 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification.No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified.To be qualified,a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 800 square inches; (b) if a daily, be published and distributed at least five days each week. If not a daily,the newspaper may be published and distributed at least twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year,have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year,have 25 percent, if published more often than weekly,or 50 percent,if weekly,of its news columns devoted to news of local interest.Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be of general circulation in the area to which a public notice is directed,or where there is a reasonable likelihood that the person to whom it is directed will become aware of the notice; (e)have its known office of issue located in either: (1)the county in which lies,in whole or in part,the political subdivision that is publishing the public notice; or (2)an adjoining county; (f)file a copy of each issue promptly with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment,or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline.When publication occurs after December 31 and before July 1,qualification shall be effective from January 1 through December 31 of that year;and 0) after publication of the statement described in paragraph (i), submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number,and a statement that it has complied with all of the requirements of this section.The filing must be accompanied by a fee of$25. The secretary of state shall make available for public inspection a list of newspapers that have filed.Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed,2004 c 182 s 33] Official Publication of the State of Minnesota Revisor of Statutes 331A.02 MINNESOTA STATUTES 2022 2 Subd.3.Publication;suspension;changes.The following circumstances shall not affect the qualification of a newspaper,invalidate an otherwise valid publication,or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue,equipment, or other facility by the elements,unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county or in an adjoining county,or a change in its name or ownership,or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county or in an adjoining county.Except as provided in this subdivision, suspension of publication, or a change of known office of issue, or failure to maintain its known office of issue in the county or in an adjoining county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd.4.Declaratory judgment of legality.A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified.Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid.Except as provided in this subdivision,the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5.Posting notices on website.If, in the normal course of its business, a qualified newspaper maintains a website, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its website and on the Minnesota Newspaper Association's statewide public notice website, at no additional cost to the advertiser. The newspaper's website must include a link to its online public notices section,the contents of which must be accessible at no cost to the public.Each notice must remain on the website during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's website or to post a public notice on the statewide public notice website does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; ISp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8-11; 2009 c 152 s 5;2022 c 61 s 5-7 Official Publication of the State of Minnesota Revisor of Statutes C3� AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 202+31 is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association,a Minnesota corporation("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee.The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by action of the City Council. B. The Attorney may terminate this Agreement at any time,provided that the Attorney shall give the City ninety(90)days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City,billed at the following hourly rates with a minimum increment of two-tenths of an hour: 167961v61679610 Civil Municipal 20213 2022.4 Partners $17280.00 $17-785.00 Associate Attorneys $13065.00 $15570.00 Legal Assistants/Law Clerks $9103.00 $98108.00 Legal sen iees►Heladed-are: Atiending all City Couneil rneefings, other 0115, board, rneetings-asrecteited-by-the-C-it�rpeil er-City Adminiskator, n..ett:,,., ...a:.,erlee resolution mid ,.,. ride ,.e as requested, no! eomprehensiYe reYisions-or-updates of o ffle:.a eeni..,.1.. , .,,fiend,n of the 1045 Code: n e e A,jpg au Meetings atiWor telephone coy erSalloaS \Yitli alld M ),af: Eoune+Inlembers;-Q5,Admiuistrator-,Departmeat-kleads-and OtherSterrgeneral legal ratters. i2YieNN,i ng-innaieipal—contmois,—Hleluding--eel , deYelopnietlt"oint-powers-agr,eenletlt%,CAHstrttetloiifind-purehaSe-of-equipment: Gans,l,:ne on employe eHl w1meFl Ssties Researehing alld submission of legal ;ipal or Wier legal nififtes requectied-b '4"afflor GO,AdmiHiStfator_ Game:l a eridH :te.,,.. the status of all levael matte.... be feFe the City ...,.t as requested—the-provision-o"-wtiHett status-report-oii eurrew-4higation and unresolved-matter. o..e.,idina a l ., esal briefs„as.e,...eated to nme Giil y staff a.,,l raunea riagar,r..,.,_ em or-proposed-legislation riAbet►nginunieipakiperat+ens a+id aetivities. D..e.:.tine as a periodic basis .:tier......late..and iraining on neww tate or f.Ierril 'egiqlationo ... r .die al ate en a time ra "nd-SFtar in-operation-,Fir-pl'9eedurC's4"ssure eoaiplianee-. Reviewing-bonds l 01),eerilraets Of fleiiii,it es: Reviewing-docimiefi 5 Sabalitted-"nd-eotiti9el-HTvok,ing,ihe iss"anee-of-debt-or debt related instruments and PFON'ide opinions as requesied 9F FeqUiFed. n:r.:l li ri fion eoridemnation and Mie.eiN,il..bons B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City,billed at the following hourly rates: - Formatted:Highlight Prosecution 20234 20242 Formatted:Highlight Formatted:Highlight Partners $-1421M.00 SW175.00-------------,f`',:(Formatted Highlight Associate Attorneys $445 155.00 $4-50&0.90_____ %- {Formatted Highlight _ Legal Assistants/Law Clerks $-98100.00 $-98103 00 _ -- (Formatted:Highlight j •'[Formatted:Highlight j l67961 v6I t,7oi,l,' C. Pass Through: Land use and development nrroiects require specialized knowledge and experience, and oftentimes involve extensive interaction with developer attorneys. Por these �rolects,the City generally passes through its costs for legal and other consulting services to the developer or applicant.4:he eustoinaF5,hourly rate of!he attomey oF legal assimant doing the Nve ranges-frenr$?A"0 to$40"0 per hOtir an $125.00 A-per-heur-respee i-:el),tFor legal services that are to be passed through to third parties according to the City's policies. the customary IL sourly rate of the attorney or legal assistant doing the work will be used for billingtllesc pass through services. Current Campbell Knutson pass-through rales range from $200.00 to $400.00 per hour for attorneys and from $125.00 to $150.00 per hour for legal assistants. The 1 Olson,whose pas:.thru-rates-fer-the-duration or.,�, lhis eenllrae!will be300.00 and$130:08 per-heer el. D. Costs: Out-of-pocket costs without mark-up. Costs include: WesdawLexis/Nexis research Recording/filing fees Title company and property appraisal services when directed by the City Formatted:aulleted+Level:1+Aligned at: 0.5^+rodent • Postage of 500 or more at: 0.75^ • Photocopies at 20¢per copy • Color copies at 40¢per copy • Miscellaneous litigation exnenses,such as for expert witnesses,when approved by the City E. Payments for legal services provided the City shall be made in the manner provided by law.The City will normally pay for services within thirty(30)days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 167961v64679610 5. MISCELLANEOUS. A. Governing Lmv: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest,Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties;or iii) represent one client and withdraw from representation of the other client,with the informed consent of that client. D. Effective Dale: This Agreement shall become effective upon its execution by the City and the Attorney,and the new rates will take effect on January 1 of each respective year.This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: ,202—. CITY OF FARMINGTON By: Joshua Hoyt,Mayor By: Bavid A4e 4 4gWj vnn Gorski,City Administrator Dated: 202_. CAMPBELL KNUTSON Professional Association 16796lv64479t 0 By: Joel J.Jamnik,Vice President By: Elliott B.Knetsch,Vice President 16796 W64396a AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON,Professional Association THIS AGREEMENT, effective January 1, 2023, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association,a Minnesota corporation("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by action of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety(90) days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 1679610 Civil Municipal 2023 2024 Partners $180.00 $185.00 Associate Attorneys $165.00 $170.00 Legal Assistants/Law Clerks $103.00 $108.00 B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City,billed at the following hourly rates: Prosecution 2023 2024 Partners $170.00 $175.00 Associate Attorneys $155.00 $160.00 Legal Assistants/Law Clerks $100.00 $103.00 C. Pass Through: Land use and development projects require specialized knowledge and experience, and oftentimes involve extensive interaction with developer's attorneys. For these projects, the City generally passes through its costs for legal and other consulting services to the developer or applicant. For legal services that are to be passed through to third parties according to the City's policies,the customary hourly rate of the attorney or legal assistant doing the work will be used for billing these pass through services. Current Campbell Knutson pass-through rates range from $200.00 to $400.00 per hour for attorneys and from $125.00 to $150.00 per hour for legal assistants. D. Costs: Out-of-pocket costs without mark-up. Costs include: • Lexis/Nexis research • Recording/filing fees • Title company and property appraisal services when directed by the City • Postage of 50¢ or more • Photocopies at 20¢per copy • Color copies at 40¢per copy • Miscellaneous litigation expenses, such as for expert witnesses, when approved by the City 167961 v7 E. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest,Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties;or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney, and the new rates will take effect on January 1 of each respective year. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Signature page follows. 167961 v7 Dated: may,, 3 202,x. CITY OF FARMINGTON By: Jo ua Hoyt, May B 4/'V� Y• Lynn Ggiski, City Administrator Dated: — 202_ -- CAMPBELL KNUTSON Professional Association By: ( 2 oe1 J. Jamnik, Vice President By: _�G� E i B. Knetsch,Vice President 167961v7 Cq✓ 43o Third St., Farmington, MN 55024 FARMINGTON ® 651-280-6800 =f ,..wa-' - FarmingtonMN.gov TO: Mayor, Councilmembers FROM: Chris Regis, Finance Director SUBJECT: Official Depositories of City Funds DATE: January 3, 2023 INTRODUCTION Each year, official depositories of funds have been designated by the City Council. In accordance with statute and city policy,the following vendors are recommended as depositories for fiscal year 2023: Old National Bank Oppenheimer &Co., Inc. RBC Capital Markets Castle Rock Bank These depositories have received and will comply with the city investment policy. There was no change to the investment policy in 2022. BUDGET IMPACT Revenues from investment interest are in the 2023 budget. ACTION REQUESTED Staff is recommending Council designate the above as city depositories for 2023. RESOLUTION NO. 02-23 DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DATA PRACTICES COMPLIANCE OFFICER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said city on the 3rd day of January 2023 at 7:00 p.m. Members Present: Hoyt, Bernatz, Lien, Porter,Wilson Members Absent: None Member Bernatz and Member Lien introduced and seconded the following: WHEREAS,the Minnesota Data Practices Law requires the city to appoint a Responsible Authority. NOW,THEREFORE, BE IT RESOLVED the City Council of Farmington, Minnesota, hereby appoints Lynn Gorski, City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Gary Rutherford, Police Chief as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Julie Flaten, Human Resources Director as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open Sion on the 3rd day of January 2023. M or Attested to the=day of January 2023. ityXmi�inalstrator SEAL CITY COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title 1, Chapter 5,Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by state law, city ordinance or elsewhere. SECTION I - MEETINGS SUBD. 1 - Regular meetings of the city council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2-Special meetings of the city council may be called by the Mayor or by any two members of the city council in writing, filed with the Clerk. At least three days before the meeting, the Clerk shall notify each member of the time, place and purpose of the meeting by electronic notice to be sent to him/her personally. At least three days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the city council, require immediate attention; Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each city council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD. 3-At the first regular city council meeting in January of each year,the city council shall: (1) designate the depositories of city funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city, or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year- Member serving third year of term who received the most votes when elected; Even Numbered Year- Member serving fourth year of term who received the second most votes when elected. SUBD. 4- Commission appointments for boards and commissions shall be made at the second regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. i SUBD. 5 -All city council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The city attorney or City Administrator shall advise the city council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the city attorney or City Administrator. The attorney or City Administrator shall bring any changes in his interpretation to the attention of the city council, in writing, and have the subject placed on the agenda for discussion. SUBD. 6-The city council shall adopt such policies that will ensure an orderly, mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of city affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such councilmember in the absence of the Mayor. The city council may adopt such rules as a separate city council policy and may make such changes in policy as deemed appropriate. SECTION II-PRESIDING OFFICER; RULES OF ORDER SUBD. 1-The Mayor shall preside at all meetings of the city council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the city council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD. 2-The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and detelmine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the city council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the city council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated, cannot be withdrawn except by majority vote of the city council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine him/herself to the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the city council desires to speak on any question which affects him/her personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. 2 F. Whenever public hearings are held,the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the city council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD. 3-Any member may appeal to the city council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. SECTION III-AGENDAS SUBD. 1-The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to city council under the "Approve Agenda" section of the meeting. SUBD. 2-The agenda packet shall be distributed electronically to the city council by 6:00 p.m. on the Thursday preceding the city council meeting. SUBD. 3-Any councilmember can place an item on the agenda by so instructing the Clerk. SUBD. 4- No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 5 -The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 6-A consent agenda may be included as part of the agenda,to be approved by a unanimous vote of the city council. Items may be removed from the consent agenda by request of the Mayor or councilmembers. SECTION IV-ORDER OF BUSINESS SUBD. 1- Each meeting of the city council shall convene at the time and place appointed therefore. City council business shall be conducted in the following order: 3 (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (7) Consent Agenda (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business (13) City Council Roundtable (14) Adjourn SUED. 2-The order of business may be varied by the presiding officer, with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the city council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of city council business. SUBD. 3 - Each person shall be allowed a maximum of five minutes to address the city council under Citizen Comments. SECTION V-MINUTES SUBD. 1- Minutes of each city council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both,the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 -The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and included in the agenda packet for approval at the next city council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud, but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. 4 SUBD. 3- Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD.4-The minutes shall substantially follow the following format: MINUTES CITY COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. SECTION VI-QUORUM AND VOTING SUBD. 1-At all city council meetings a majority of all the councilmembers elected shall constitute a quorum for the transaction of business. SUBD. 2-The votes of members on any question pending before the city council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis.The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated "Abstain: Name." SUBD. 3- Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII-ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD. 1- If requested by any member of the city council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the city council shall be in writing and shall be read in full upon presentation of the same to the city council. They shall then be recorded in the minutes 5 by title and filed in the office of the Clerk. SUED. 2- Every ordinance and resolution passed by the city council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3-Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII-ADMINISTRATOR REVIEW SUBD. 1-The city council shall conduct an annual review of the city administrator. The procedure shall be substantially as follows: A. The administrator shall distribute a city council approved evaluation form on or before the anniversary of the administrator's appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the city attorney within 21 days from the date the evaluation document is received by city council. D. The city attorney shall tabulate the results of the evaluation without any reference to individual councilmembers. E. The city council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX- BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1-There shall be submitted to the city council at the first meeting of January of each year, an attendance report of various boards and commissions and the city council. SUBD. 2- Attendance reports shall be submitted to the city council on the following citizen involvement in boards and commissions: Water Board, Planning Commission, Parks and Recreation Commission, Rambling River Center Advisory Board, and Economic Development Authority. SUBD. 3- Reports shall state the number of regular and special meetings held and the 6 total number of meetings attended by each member. SUBD. 4- It shall be the goal of the city council to meet at least one time per year with each board and commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the city council, board or commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. 1 -Definitions For the purpose of this section,the following terms shall have these meanings given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the city for a public purpose as determined by the city council. Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the city council. Official functions shall include, but not be limited to,the following: city council meetings outside of the city limits, League of Minnesota Cities functions,training sessions, education courses, official city business, legislative meetings, seminars, meetings where city representation is requested. SUBD.2-An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the city council. B. The city council must be authorized to make the expenditure. C. The money must have actually been spent on behalf of the city, except as provided under Subdivision 3(C)(2). D. The city council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). SUBD. 3- Procedure: A. A request to attend an official function, or to request reimbursement for attending an official function shall be submitted to the city council on an authorized form for consideration as soon as reasonably possible. 7 B. The city council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for city council action as follows: 1. Reimbursements for expenses may be submitted for city council consideration. 2. The city council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the city for any unused portion. SUBD. 4-The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI-SUSPENSION OR AMENDMENT OF BY-LAWS SUBD.1 -These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD. 2-These by-laws shall not be repealed or amended except by a majority vote of the whole city council after notice has been given at some preceding city council meeting. SECTION XII -EFFECTIVE DATE SUBD.1-These by-laws have been adopted by the city council on the 61h day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Reviewed: 1/3/12, 1/7/13, 1/6/14, 1/5/15, 1/4/16, 1/3/2017, 1/2/18, 1/7/19; 1/6/20; 1/4/21; 1/3/22 Amended: 8/03/87, 1/21/92, 4/20/92,8/17/92, 2/01/93, 7/18/94, 9/06/94, 1/17/95, 1/16/96, 3/03/97, 11/03/97, 1/05/98, 2/1/99, 1/18/05, 2/2/09, 1/3/12; 1/5/15, 7/5/2016, 1/2/2018, 1/7/2019 8 COUNCIL POLICY- 01 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members,the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint, she or he is encouraged to contact the City Administrator, or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. Adopted 10/6/97 COUNCIL POLICY- 02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a set-vice related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. Adopted 10/6/97 COUNCIL POLICY- 03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale, process, and procedures issues and associated background information, but should allow staff to exercise their professional judgment with confidence. f Adopted 10/6/97 i ff t COUNCIL POLICY- 04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible, considered, and objective manner. Adopted 10/6/97 COUNCIL POLICY -05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY—06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. ■ Welcome and encourage citizen comments on matters of interest or concern ■ Preserve and promote the accurate exchange of information ■ Preserve the equal rights of citizens to communicate their views ■ Provide for an orderly, courteous, and efficient meeting ■ Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A.citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. Effective 1/98 Amended 1/05 COUNCIL POLICY-07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council. Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local, state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. ■ Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. ■ Any Council member may request that a workshop be held to discuss a matter, however, items will only be scheduled for a work session by a majority of the Council. • The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions. ■ Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. ■ Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. ■ Workshop meeting dates, when requested and approved by Council, shall be scheduled as needed and meet the requirements of the Open Meeting Law. WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council, members shall have the opportunity to freely express their thoughts, ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. While individual and group positions may be formed as part of this process,no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT 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. This policy may be amended by a majority vote of Council as deemed necessary and appropriate. Adopted 10/6/97