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HomeMy WebLinkAbout01.04.10 Council Packet City of Fannington 430 Third Street Fannington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 4, 2010 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) a) Response to David Pritzlaff b) Response to Colin Garvey 7. CONSENT AGENDA a) Approve Council Minutes (12/21/09 Regular) b) Water Board Compensation - Engineering c) Approve Agreement Dakota County STS Agreement - Parks and Recreation d) Ice Arena Task Force Members - Parks and Recreation e) Approve Text Amendment Fee Ordinance - Parks and Recreation f) Appointment Recommendation Police Officer - Human Resources g) Appointment Recommendation Fire Department - Human Resources h) Appointment Recommendation Fire Department - Human Resources i) Appointment Recommendation Fire Department - Human Resources j) Appointment Recommendation Fire Department - Human Resources k) Boards and Commissions Attendance - Administration 1) Accept Resignation Rambling River Center Advisory Board - Administration m) Approve Temporary On-Sale Liquor License - Administration n) Adopt Resolution - Approve Gambling Event Permit - Administration 0) Adopt Resolution - Approve Gambling Event Permit - Administration p) Approve Bills q) Approve Administrative Services Agreement for HRA and FSA - Human Resources (Supplemental) r) Approve Gaming and 3.2 Beer License - Administration Action Taken Information Received Information Received Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Information Received Accepted Approved Rl-10 R2-10 Approved Pulled Approved 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) Approve Plans and Authorize Bids Walnut Street Project - Engineering 11. UNFINISHED BUSINESS a) Discuss Ice Arena Feasibility Study - Mayor Larson 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) January 11,2010 Workshop - Engineering (verbal) 14. ADJOURN R3-10 R4~lO lnformation Received Information Received City ofFannington 430 Third Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 4, 2010 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) a) Response to David Pritzlaff b) Response to Colin Garvey Page 1 Page 2 7. CONSENT AGENDA a) Approve Council Minutes (12/21/09 Regular) b) Water Board Compensation - Engineering c) Approve Agreement Dakota County STS Agreement - Parks and Recreation d) Ice Arena Task Force Members - Parks and Recreation e) Approve Text Amendment Fee Ordinance - Parks and Recreation f) Appointment Recommendation Police Officer - Human Resources g) Appointment Recommendation Fire Department - Human Resources h) Appointment Recommendation Fire Department - Human Resources i) Appointment Recommendation Fire Department - Human Resources j) Appointment Recommendation Fire Department - Human Resources k) Boards and Commissions Attendance - Administration 1) Accept Resignation Rambling River Center Advisory Board - Administration m) Approve Temporary On-Sale Liquor License - Administration n) Adopt Resolution - Approve Gambling Event Permit - Administration 0) Adopt Resolution - Approve Gambling Event Permit - Administration p) Approve Bills q) Approve Administrative Services Agreement for HRA and FSA - Human Resources (Supplemental) Page 3 Page 4 Page 5 Page 6 Pa[{e 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) Approve Plans and Authorize Bids Walnut Street Project - Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) January 11,2010 Workshop - Engineering (verbal) 14. ADJOURN Page 20 Page 21 0a- City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.fannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Response to Mr. David Pritzlaff DATE: January 4, 2010 INTRODUCTION I DISCUSSION Mr. Pritzlaffraised several questions at the December 21,2009, Council meeting. Following are the questions and responses. .Ouestion Response Mr. Pritzlaffasked about the $15,000- The "hiring" range for any given position is $20,000 extra budgeted for the Finance different from the "salary" range of a position. Director than what the paper states we would The final approved budget amount for salaries actually pay now for that new position. The in Finance is $191,549. response he received was the current proposed 2010 budget already reflects a reduction. On page 65 of the budget, Personnel Services, Code 6110 Salaries Fulltime, 2009 adopted was $234,370 and 2010 proposed is $233,549. It is only a reduction of $1 ,321. This document was created before we knew the position would be vacant so where is the reduction? Why isn't the reduction reflected? Mr. Pritzlaffs next issue was the extra $15,000 Many items in the City Budget are based on for City Hall electric. The answer he received history. Since there is very little history to base was the amount budgeted for 2009 was a guess budget amounts on for City Hall and in 2009 for City Hall. Mr. Pritzlaff stated out of all the there was continuing activity to complete the professionals that worked on the building, who building, some expenditures were difficult to could have guessed that far off? There should estimate. The building is now complete, and a have been some data to work from. Why were monthly average of $2500 for electricity totals there no revisions to Council for this amount of $30,000 annually for 2010. spending change this year? The answer he received stated the amount budgeted for 2010 is based on actuals to date. This document was presented to the Council in August and actuals to that date might set you off by $10,000 next year. Regarding the street light utility fee, the The street light utility was approved in the City Finance Director stated this fee would be based Fee Schedule as a $6 fee per utility bill per on a multiplier used for storm water charges. quarter. That is Council's decision how to set it up. Mr. Pritzlaft'stated he has asked many times about the number of households per apartment. The latest number he has is 461 households versus 13 apartment buildings. This is a policy Council is in charge of setting. Are we using a multiplier of storm water or per household charge? He asked for the minutes of that meeting and how Council voted to set the policy for the next meeting. He understood the solid waste fund balance is The fund balance is used for operations and around $416,000. Why would that not be used capital equipment purchases. to offset the increase proposed in solid waste? What is the Council's goal for this fund? ACTION REOUESTED For Council's information. Respectfully submitted, ~d~ Lisa Shadick Administrative Services Director Council Minutes (Regular) November 16, 2009 Page 3 6. CITIZEN COMMENTS Councilmember Wilson recalled this information was requested by the resident in October. Finance Director Roland provided the information to Council and it is very detailed. She explained billing each apartment complex as one is not a feasible option. However, billing for each household in the apartment building is also difficult. The City does not want to discourage apartment buildings by increasing fees significantly just as we do not want to discourage retail, commercial, and industrial properties by charging them a larger amount of money. To reach an equitable medium, staff proposes to use a multiplier for the apartment buildings which amounts to about half of the total number of units within the building. It is not at the low end or the high end of th.e scale. Townhouses are billed similar to single homes. It will be up to Council to decide on the method of billing when they approve the 2010 Fee Schedule. Staffwill verify the number of units in each building. Council Minutes (Regular) December 7, 2009 Page 14 a) 2010 Budget Public Comment "Administration The Finance Director stated at the last meeting we do not want to discourage apartments. So you will charge them based on a multiplier that is used for storm water charges. Can someone explain how we charge for storm water? City Administrator Herlofsky stated that statement has been corrected. We have changed the issue and it will be established in an equal way. Each utility bill will receive the $6/quarter or $24/year. There will be no multiplier used; it will be equal. Mr. Pritzlaff stated when the Finance Director said it won't be at the high end or the low end, it will be in the middle, it will be at the low end? City Administrator Herlofsky stated his original estimate of$145,000 for revenues based on 6,100 utility bills will be the basis for the revenues the City will receive for street light utilities. , ~b City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.fannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lisa Shadick, Administrative Services Director Kevin Schorzman, City Engineer SUBJECT: Response to Mr. Colin Garvey DATE: January 4, 2010 INTRODUCTION / DISCUSSION Mr. Garvey raised several questions at the December 21,2009, Council meeting. Following are the questions and responses. Question ResDonse Mr. Garvey had four issues. First was the Ice A task force has been formed comprising of Arena. He asked if Council was going to form representatives from the City, School District, a task force. He stated if Council would think hockey association, and members of the outside the box, the improvements could be community . done for less money. He would be willing to volunteer his time and supervise three City City Engineering staff do not have the training employees and use City equipment to tear out or professional licenses necessary to prepare the concrete. That should save an unbelievable the structural, mechanical, HV AC, or electrical amount of money. There are ways to save plans that will be necessary with this project. money instead of inflate the price. He heard the price at first was $1.3 million and now it is The project is being structured so that a $850,000. Mayor Larson stated that is a range. construction manager can be used. This will Mr. Garvey stated that is already $500,000 less allow for the use of volunteer/donated services than the original estimate. Mayor Larson on some of the items of work. stated we need to receive bids. Mr. Garvey felt the Ice Arena could be done for a lot less and we do not need feasibility studies. The City has an engineering staff. Just go out for bids, cut some costs, and get it done. He suggested going to the public and get some help from citizens and the hockey association. It is a way to get the project done for a lot less money. Sometimes too much government is not a good thing. His second issue was the CDA project. He The payment in lieu of taxes (PILOT) is based asked what fees would be received in lieu of on a percentage (usually 5%-10%) of gross taxes. According to the County, it depends on rental income. Gross rental income is the Development Contract. If it is based on calculated by taking the rent collected and rent and income the City could receive almost subtracting utility payments made by the CDA nothing. Mr. Garvey asked what the fee will (electric, gas, garbage, water, etc.). be to the City. If there is no benefit, why put it in? Then it is a liability. Regarding the Denmark project, it was No water main was installed as part of the supposed to eliminate a lift station. The sewer Denmark Trunk Sanitary Sewer Project. and water was installed, but the lift station was not removed. Why did the line go in? In No claim was ever made that the lift stations meetings in 2003, that line was supposed to be would be eliminated with the Denmark Trunk put in by developers when the area was Sanitary Sewer Project. The project was done developed. Now it was pushed up and in anticipation of upcoming work in the installed by the City. The reason was to Westview neighborhood. When the Westview eliminate the lift stations, but the lift stations project moves forward, the lift station(s) will are still there. be eliminated. On City projects, there are administrative fees. Fees are not actually charged. All costs are Why is the City charging itself administrative accounted for to accurately track all costs fees? associated with any given project. ACTION REOUESTED For Council's information. Respectfully submitted, ~I<~ ~~ Lisa Shadick Administrative Services Director Kevin Schorzman City Engineer ~ COUNCIL MINUTES REGULAR December 21, 2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Donnelly, Fogarty, May, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Shelly Eldridge, Beve Preece, David Pritzlaff, Colin Garvey 4. APPROVEAGENDA City Administrator Herlofsky added supplemental items 7j) Approve AFSCME Clerical, Technical and Professional Unit Settlement and 7k) Approve AFSCME Maintenance Unit Settlement MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. S. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, stated Toys for Town was held on Saturday and thanked everyone who helped or donated gifts or money. He also thanked those who helped with getting the food from EconoFoods to the high school and sorting and bagging of all items. He recognized Councilmember Fogarty for her assistance with wrapping gifts at the event. Mr. Pritzlaff stated when he was on the Council, all five Councilmembers participated in the event. Mr. Pritzlaffwanted to address a statement made during Roundtable at the last Council meeting. He also spoke to Councilmember Donnelly following the budget workshop. Nothing he has said is personal to the Council. It is merely questions. He discussed with Councilmember Donnelly that when Mr. Pritzlaff started on the Council the City Attorney informed them that they were public officials and they will be questioned and have statements made. As public officials they need to have thicker skin to deal with this. As elected officials, the public has the right during Citizen Comments to question the Council as a whole or individually. There is nothing wrong when making a statement to refer to a specific Councilmember's statement from a past meeting. All of the Council Council Minutes (Regular) December 21, 2009 Page 2 may not agree with one's point of view and he did not want to assume that. He understood that asking Council a question that requires staff response might take time. If the question is for all of the Council or just one Councilmember on his or her viewpoint that does not need staff involvement like some of the questions he has asked Mayor Larson. Mr. Pritzlaff stated he still has not received a response to the three questions. You are all elected to represent the taxpayers and sometimes that is not easy to do. Shutting out a few is not right. a) Response to Bonnie Andrusick Staff sent a response to Ms. Andrusick. b) Response to Mark Dixon Staff sent a response to Mr. Dixon c) Response to Colin Garvey Mr. Garvey had four issues. First was the Ice Arena. He asked if Council was going to form a task force. He stated if Council would think outside the box, the improvements could be done for less money. He would be willing to volunteer his time and supervise three City employees and use City equipment to tear out the concrete. That should save an unbelievable amount of money. There are ways to save money instead of inflate the price. He heard the price at fIrst was $1.3 million and now it is $850,000. Mayor Larson stated that is a range. Mr. Garvey stated that is already $500,000 less than the original estimate. Mayor Larson stated we need to receive bids. Mr. Garvey felt the Ice Arena could be done for a lot less and we do not need feasibility studies. The City has an engineering staff. Just go out for bids, cut some costs, and get it done. He suggested going to the public and get some help from citizens and the hockey- association. It is a way to get the project done for a lot less money. Sometimes too much government is not a good thing. His second issue was the CDA project. He asked what fees would be received in lieu of taxes. According to the County, it depends on the Development Contract. If it is based on rent and income the City could receive almost nothing. Mr. Garvey asked what the fee will be to the City. If there is no benefit, why put it in? Then it is a liability. Regarding the Denmark project, it was supposed to eliminate a lift station. The sewer and water was installed, but the lift station was not removed. Why did the line go in? In meetings in 2003, that line was supposed to be put in by developers when the area was developed. Now it was pushed up and installed by the City. The reason was to eliminate the lift stations, but the lift stations are still there. On City projects, there are administrative fees. Why is the City charging itself administrative fees? Council Minutes (Regular) December 21 t 2009 Page 3 He received his tax statement. It is a tough economy. His City portion on the proposed statement is going up 19%. Along with quarterly and City fees it will take $35,000 - $40,000/month in revenue to pay his tax and City fees. It is something Council needs to look at for all businesses. Weare being taxed out of business. Raising fees to pay wages is not working. Council has to figure out a way to get things done without increasing fees. The fiscal disparities jumped over $1,200. The City receives a big portion of that back and it goes back into the general fund and is used for payroll and other expenses. The increases have to stop. The value of his building is down $600,000 - $700,000. He asked Council to work harder at the budget instead of rubber stamping it and increasing fees without looking at other options. He did not need a response to this item. d) Response to David Pritzlaff He previously asked for a response from Mayor Larson on three questions: - Why did you not take comment after a three hour public workshop? - Tell people when you will and will not take public comment at a meeting. - Do you value the taxpayer's thoughts? It has been five weeks and Mr. Pritzlaff asked when he will receive a response from Mayor Larson. Mayor Larson stated he will prepare a letter this week. Mr. Pritzlaff asked about the $15,000 - $20,000 extra budgeted for the Finance Director than what the paper states we would actually pay now for that new position. The response he received was the current proposed 2010 budget already reflects a reduction. On page 65 of the budget, Personnel Services, Code 6110 Salaries Fulltime, 2009 adopted was $234,370 and 2010 proposed is $233,549. It is only a reduction of $1 ,321. This document was created before we knew the position would be vacant so where is the reduction? Why isn't the reduction reflected? Mr. Pritzlaff's next issue was the extra $15,000 for City Hall electric. The answer he received was the amount budgeted for 2009 was a guess for City Hall. Mr. Pritzlaff stated out of all the professionals that worked on the building, who could have guessed that far off? There should have been some data to work from. Why were there no revisions to Council for this amount of spending change this year? The answer he received stated the amount budgeted for 2010 is based on actuals to date. This document was presented to the Council in August and actuals to that date might set you off by $10,000 next year. Regarding the street light utility fee, the Finance Director stated this fee would be based on a multiplier used for storm water charges. That is Council's decision how to set it up. Mr. Pritzlaff stated he has asked many times about the number of households per apartment. The latest number he has is 461 households versus 13 apartment buildings. This is a policy Council is in charge of setting. Are we using a multiplier of storm water or per household charge? He asked for the minutes of that meeting and how Council voted to set the policy for the next meeting. Council Minutes (Regular) December 21, 2009 Page 4 He understood the solid waste fund balance is around $416,000. Why would that not be used to offset the increase proposed in solid waste? What is the Council's goal for this fund? During the budget process he has attended all the meetings and workshops and has had several questions to which some Councilmember stated good question. You like me have not gotten all the right answers or very short, one line answers that do not completely explain or answer the question. At the last workshop, Council made the decision one week in advance not to take public comment and very easily could have answered his questions from the responses Council had in hand. Council chose not to off camera, which Mr. Pritzlaff would have been happy with. The decisions that night left him feeling that Council attacked each other more that night than any resident could have. It was a two~hour workshop that had no positive outcome. He realized Council had to approve the budget tonight and there will be a tax hike we all have to incur as a result of this. For him 15.75% with the new fees and a $6,600 drop in value. He wanted to thank Council for that. At the last meeting there was a statement made about no new voices at these meetings. He wished people were here. On the other hand, the community was here; all the foreclosures speak very loud. 7. CONSENT AGENDA Councilmember Wilson pulled items 7g) Approve Non-Bargaining Agreement, 7j) Approve AFSCME Clerical, Technical and Professional Unit Settlement, and 7k) Approve AFSCME Maintenance Unit Settlement for separate vote due to a conflict of interest. MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (12/7/09 Regular) (12/14/09 Workshop) b) Received Information November 2009 Financial Report - Administration c) Approved School and Conference - Engineering d) Approved Joint Powers Agreement Dakota County Drug Task Force - Police e) Approved Training Reimbursement Grant - Fire f) Approved Various Licenses - Administration h) Approved Bills i) Approved Temporary Liquor Licenses - Administration APIF, MOTION CARRIED. 7g) Adopted RESOLUTION R62-09 - Approving Non Bargaining Agreement- Human Resources 7j) Adopted RESOLUTION R63-09 - Approving AFSCME Clerical, Technical and Professional Unit Settlement - Human Resources 7k) Adopted RESOLUTION R64-09 - Approving AFSCME Maintenance Unit Settlement - Human Resources MOTION by Fogarty, second by May approving the above agreements. Voting for: Larson, Donnelly, Fogarty, May. Abstain: Wilson. MOTION CARRIED. Council Minutes (Regular) December 21, 2009 Page 5 8. PUBLIC HEARINGS a) Approve Various Licenses - Administration Pilot Knob Pizzeria has applied for an On-Sale Wine License and Ms. Sherry Jackson has requested to renew her Therapeutic Massage License for 2010. MOTION by Wilson, second by May to close the public hearing. APIF, MOTION CARRIED. MOTION by Wilson, second by May to approve the On- Sale Wine License for Pilot Knob Pizzeria and the Therapeutic Massage license for Sherry Jackson. APIF, MOTION CARRIED. b) Adopt Ordinance - 2010 Fee Schedule - Administration Council received proposed changes for 2010 fees. MOTION by Wilson, second by Donnelly to close the public hearing. APIF, MOTION CARRIED. Councilmember Wilson noted there has been discussion on the surface water management fee and the watermain trunk fee. There is a change in the calculation of the formula from square feet to acre. Before fees are increased on those we want to develop here by 65% we need to take a closer look at these fees. The rationale from staff is looking at full build out of the system will require this amount. One of Council's goals is to encourage economic development and this would have the opposite effect. For the items that are changing he would like some rationale as to why they are increasing before the fee schedule is brought to Council. Councilmember Fogarty asked for an explanation of the development fees. City Engineer Schorzman explained the surface water management fee. Every ten years as part of the comprehensive planning process, staff reviews the surface water management plans and other system plans. This was an update of the 1997 version in which they were estimating the total build out of the system at about $28 million. Based on additional information and requirements, staff is estimating the cost to be $47 million. The increase is to do what is required now that was not required back then. It is also a combination of going outside the corporate limits of the City into the orderly annexation area with Empire Township and some areas south of 225th Street to look at an ultimate system. The costs will not change, however it is up to Council as to how those funds are collected. In the past it has been Council's policy that development pays for itself. There is another option in which the residents subsidize that development so the development fees can remain low. The numbers in the fee schedule reflect the current position of the Council which is development pays for itself. They are higher than surrounding communities; however, there are differences in what we have to do with surface water management because of the trout stream. City Engineer Schorzman suggested removing this section from the fee schedule and discussing it at the January 11,2010, workshop. He asked Council which direction they wanted to go; whether development should pay for itself or have the residents subsidize development. Council Minutes (Regular) December 21, 2009 Page 6 Councilmember Fogarty suggested not pulling this section from the fee schedule but to discuss it at the workshop and change it if necessary. Councilmember May stated her concern is adopting this schedule now as the memo says the proposed changes in fees were taken into consideration in the budget. If we do not approve the fees, what happens to the budget? It seems fees should have been discussed a month ago before looking at the overall budget. City Administrator Herlofsky stated the routine fees are very small and will not cause a major issue with the budget. We have already exceeded building permits for this year by $80,000. The major goal with the fees is to keep them current so they are justified by the cost the City incurs by providing the service. The fees for the Ice Arena non-prime time have been reduced to sell more ice time. Councilmember May stated most of this information on the fee schedule is new to her and all she is getting is a flat number without any rationale behind it. City Administrator Herlofsky stated in the future we can add some rationale; that has not been requested before and the fees will be brought in a month earlier. Councilmember May stated regarding the philosophy of the development fees, she asked if it was a moot point if the fees are raised and there is no development. She has never been a fan of the street light utility fee, so that is a flat no. Some are small increases and there are some decreases. In relation to the Rambling River Center, there had been some discussion on the membership fees. She feels the proposed changes in membership fees are not high enough. This is a space that the seniors want and she understands they are on limited incomes, but feels the proposed fees are not high enough. Parks and Recreation Director Distad stated the proposed fees have been brought to the Rambling River Center Advisory Board and the Parks and Recreation Commission. They felt by raising the fees too much the drop in membership would be drastic. They suggested doing a gradual increase over time to get to a higher amount. There used to be a fee for couples which has been eliminated and the individual fee remains which will add revenue. Councilmember Donnelly noted the fee for ice time was lowered and the hours for non-prime time were increased. Parks and Recreation Director Distad explained they sell very few non-prime time hours and they are trying to entice people to rent the early morning or late evening hours. Councilmember Donnelly stated regarding the surface water management fees, he does not want to do anything to discourage development, but he would not like to have the high fees published and someone sees them and then Council reconsiders them. He would like to see published what Council agrees to rather than go back to it. He would like to pull that section. The two fees that have the biggest impact on the budget are the street light and the garbage fees. Those are not surprises. Councilmember Wilson would like to pull the subdivision section from the fee schedule. He felt Council was on the same page that development should pay for itself. As opposed to a dramatic increase, he felt there needs to be an increase, but there has to be a different way to look at it. We have to figure out a way to Council Minutes (Regular) December 21, 2009 Page 7 encourage development now and get the money here and slide the fees along at a reasonable schedule. City Administrator Herlofsky stated if we want to get to a dollar amount for the future, the fees on an annual basis would have to be increased. Staff can divide the amount and split half with fees now for properties and half increase the other way. Council could see how the numbers affect existing property. Staffwill bring back a couple options showing the $47 million result. Councilmember Wilson stated they are being presented with a fixed number down the road. The quote for $47 million will not be the number in the future. Staff has reviewed the history and Council needs to agree on a number and then that number is inflated each year in the fee schedule based on the construction cost index. MOTION by Fogarty, second by Donnelly to approve except the section on Permits - Subdivisions/Developments. This should be discussed at a workshop and brought back to a future meeting. Voting for: Larson, Donnelly, Fogarty. Voting against: May, Wilson. MOTION CARRIED. 9. AWARD OF CONTRACT a) Reconsideration of Ice Arena Improvements - Administration MOTION by Fogarty, second by Donnelly to bring this item back to the table. APIF, MOTION CARRIED. City Administrator HerIofsky received a call today from a businessman who would like to privately build two ice rinks with a field house and other retail and commercial development. A meeting has been scheduled for tomorrow including representatives from the school district, from the City and representatives from the private sector to discuss this option. This item was to discuss hiring someone to do designs and specifications for improvements to the current Ice Arena. David Pritzlaff, 20255 Akin Road, provided articles from the newspapers on what other communities were doing with their Ice Arenas. His main concern was to look at a company that would bid engineering and do the work. This may save the $40,000 discussed previously. Some cities are applying for grants for this type of work. Councilmember May asked if it was possible to send out an RFP to companies that can do an all encompassing bid to keep the process going and are there companies that would allow participation by the community to lower the cost. City Administrator Herlofsky stated they have spoken with one company that would be a turn key operation. You still pay for engineering and all costs. We were anticipating when designing the building to use a construction manager where the design work would be laid out in a way that the project has different contracts. If someone wanted to do the work and not charge the full amount, that Council Minutes (Regular) December 21, 2009 Page 8 would be their contribution. Staff's concern with volunteers working on the building is this is heavy construction work and we would not want to have anyone hurt. We should have people working who have the appropriate insurance and warranties on the work. Councilmember May stated as far as the feasibility study, is there any reason why we cannot send RFP's out to companies that do this work and include the design work. We know what we want. City Administrator Herlofsky stated a bid and a proposal are two different things. A bid is a fixed dollar amount we can rely upon as a cost of that operation. A proposal is not a flrm number which requires additional negotiations. We would be required to have a bid because of the size of the project. In the public sector there are certain rules that govern how we do things. There are different types of equipment that can provide the ice. There is geothermal and currently there is a Freon unit. There are too many issues with engineering that we cannot use our own engineering staff. Councilmember May asked if staff could review the bids. City Administrator Herlofsky stated with bids there are certain performance criteria used to determine the cost. Mayor Larson stated Council is asking for just a design build and is that an option? City Attorney Jamnik replied no. State law does not authorize it. It is only authorized for very limited transportation projects. Design build needs some parameter set as far as what kind of ice arena you want. Mayor Larson asked do we need a feasibility study for this. City Attorney Jamnik replied technically no, you need plans and speciflcations or other design standards. Mayor Larson stated we need an engineering flrm to put designs, plans and specifications together. City Attorney Jamnik stated or someone other than an engineering flrm to copy plans and speciflcations from other facilities that meet what you have identifled as your needs. Buildings are difficult because many contractors do not have the insurance necessary to build an off the shelf design. Architects or engineers that design the plans and speciflcations do not like having their work product appropriated so you would have additional hurdles to go through. There is the capability of integrating design features from others into the plan. We have to have plans and speciflcations that allow us to meet the uniform contract law requirements for competitive bidding. Councilmember Wilson stated he is frustrated because he wants to solve this Ice Arena problem, but it seems we are so quick to jump in and we need to do a feasibility study and it always ends up being the same flrm. We have talented staff and he felt we do not look outside the box for solutions. City Administrator Herlofsky stated there were two firms; one at $60,000 and one at $40,000, so staff recommended the $40,000. Regarding the issue of grants, whoever does the work we will discuss grants with them but until we get going it is not feasible to get to those issues. Councilmember Wilson asked what if there are two or three companies that have a high quality flooring product, but the bid does not match up with the feasibility report? City Administrator Herlofsky stated the design is reviewed to determine if it can be included. Council Minutes (Regular) December 21, 2009 Page 9 Councilmember Donnelly asked if ADA compliance is part of the feasibility study. City Administrator Herlofsky stated all engineers have said there is no need for additional ADA compliancet but we will keep it in mind. Mayor Larson stated he hears Council wants to keep the process going and we have been asked to do so. He asked if the feasibility study for $40tOOO is our only option right now. Councilmember Fogarty stated that is our best option to start the process. We want this to be very flexible. The hockey association is very interested in helping to bring down the cost with as much in-kind donation as they can. When the task force is meeting and we are going through the bidding processt she wants that to be an option. There are people willing to work with everyone involved and that message is not being lost. City Engineer Schorzman stated based on being a part of reviewing the proposalst the $40tOOO is not just for the feasibility reportt but to carry it through the entire design. It should get us to the point where we have plans and specifications in hand to use for bidding. Councilmember Donnelly stated there was a lot of volunteer help with the Rambling River Center and asked why this is different. City Administrator Herlofsky stated painting walls and that type of work is easy to do. Even at the Rambling River Center there were electricians. Parks and Recreation Director Distad stated the biggest thing is the mechanical system and making sure it works correctly. Councilmember Donnelly felt the developer staff is meeting with tomorrow is important to consider. Councilmember Fogarty was concerned with delaying this for another two weeks. If City Administrator Herlofsky received good information tomorrow and approving this should not go forward, he would make us aware of that. The task force is meeting next month and they would like to have this information. Councilmember May stated the other option was to get plans and specifications versus a feasibility study. If you take an existing plan and alter it to our specific building is that different than what the feasibility study would provide. City Attorney Jamnik stated the feasibility report is a preliminary analysis of optionst alternatives, methodologies, things such as whether you do geothermal versus Freon and what you can anticipate for costs. Then you could decide whether or not to bid both types or not. In order to go to bid you would have to have plans and specifications designed for each type that specifies the size of the rink, the size of the pipes, the types of compressors and the details that would be required for each of those. That is the traditional way of proceeding on a construction project. Councilmember May asked if we could request proposals from companies that provide this work and then have the engineers review those proposals and is there a cost savings? City Attorney Jamnik replied yes, but it is much the same. The cost of providing the feasibility report or the estimates for the types of projects in response to your RFP are not construction design, plans and specifications. There is a second step that the firm you would select would Council Minutes (Regular) December 21, 2009 Page 10 have to do the plans and specifications and would have to bid off of that. You are still getting the same steps done, but in a different order and a different focal point as to who is doing what. Councilmember May felt it would address the fact that there may be some newer models that would be presented and if we had the feasibility study first then they would say this is what I propose based on the product we provide. City Administrator Herlofsky stated the feasibility is a small portion of the work. Most of the work is the design of the new sheet of ice and the appropriate mechanical equipment to make it work. The feasibility report is a means to that end. Councilmember May stated we know exactly what product we want. Weare talking about replacing the ice. She was trying to save costs in this initial step. Mayor Larson stated as far as these two steps, the cost is about the same. City Attorney Jamnik stated you would not save much. There is the potential if you went with a construction manager to execute the contracts, you might achieve a cost savings by segmenting out the various contracts to see if people would do the work at or above cost rather than putting out the total amount to a general contractor that would deal with their own subcontractors. Councilmember Wilson stated his issue two weeks ago was to have a more thorough discussion on this. It is not a matter of doing the improvements; it is a matter of doing them the right way. He presumed if this was approved, City Administrator Herlofsky would not do anything to deter any activity from the meeting tomorrow. He would like staff to reach out to the City of New Hope. Their arena feels like it is a chapter out of Farmington. MOTION by Fogarty, second by Wilson to approve Bonestroo to initiate preparation of a feasibility report, design, plans and specifications for bidding. V oting for: Larson, Donnelly, Fogarty, Wilson. Voting against: May. MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Engineering Services Agreement Rambling River Center HV AC System - Parks and Recreation Staff is proposing to replace the heating, ventilation and air conditioning system at the new Rambling River Center in the older part of the building. Staff is proposing to remove the existing furnace which was installed in 1969 and replace it with rooftop units that would be more energy efficient. Staff received two proposals from engineering firms. Bonestroo is proposing the cost would be $8,000 and ATS&R is proposing the cost would be $25,000. Staff would utilize HUD money through the CDBG program' of $65,000. The money would be used to help pay the cost of the engineering services, but also the new equipment. As of the end of November there is $42,000 left from the original $265,000. Staff would like to use $20,000 as a contingency in case the bids come in above $65,000. MOTION by Fogarty, second by Wilson to approve the agreement with Bonestroo to perform the engineering services needed to complete the Council Minutes (Regular) December 21, 2009 Page 11 replacement of the HV AC system at the Rambling River Center. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolutions - Approve Bond Sale -Administration Staff had refinanced two bonds. The first was a $4,000,000 General Obligation CIP bond to finance the acquisition of the Central Maintenance and Public Safety Facilities. Seven bids were received. The winning bid was Morgan, Keegan & Company. Financial advisors were able to drop the principal amount by $150,000. So a bond will be issued for $3,850,000. For a 12-year bond the interest rate is 2.897%. This amounts to a savings of$585,259. The second bond was a $1,210,000 General Obligation Utility Revenue Refunding Bond. There were five bids received. The winning bid was Wells Fargo Advisors with an interest rate of3.04%. The principal amount was reduced by $10,000. This amounts to a savings of$150,191. MOTION by Fogarty, second by Wilson adopting RESOLUTION R65-09 approving the sale of $4,000,000 General Obligation Capital Improvement Plan Bonds, Series 2010A. APIF, MOTION CARRIED. MOTION by Fogarty, second by Donnelly adopting RESOLUTION R66-09 approving the sale of $1,210,000 General Obligation Utility Revenue Refunding Bonds, Series 2010B. APIF, MOTION CARRIED. b) Adopt Resolutions - Approving 2010 Tax Levy and Budget -Administration The goals for the 2010 budget were: ~ Maintain service levels. - Maintain current levels of staffing. - No increase in levy beyond pre-approved items and mandates. _ Ability to sustain 2010 non-personnel expenditures through 2011 and 2012. There were seven workshops and three Council meetings to discuss the budget. Staff started with a 5% increase and cut it down to 2%. Department budgets have been cut, and bonds have been refinanced saving $50,000. Councilmember Wilson stated Council has a policy of maintaining a certain fund balance in the general fund. He noted the solid waste fund has a healthy balance and asked why we don't delay the increase in solid waste fees until the balance goes down. City Administrator HerIofsky stated this fund purchases its own equipment without borrowing. This operation pays for itself, provides the general fund some cost associated with construction of the garage, some administrative costs for payroll, etc. There is a very well planned scheduled for replacement of equipment without requesting large fees at one time to cover those costs. The main reason for the increase in solid waste fees was because of the recycling Council Minutes (Regular) December 21, 2009 Page 12 issues and to keep the fund balance sufficient to cover operational costs which includes purchase of new equipment. Councilmember May commended everyone for their work. Her main concern is the street light utility fee. She is not in favor of that type of taxation because it is misleading when we say taxes are not going up because the values went down, but there are these other fees in addition to an increase. That is why she did not approve the fee schedule and felt the process was backwards. She was a proponent of looking at substantial cuts while development is down. We had good discussions in workshops, but we have not made any substantial changes in light of the current economy. She will not be approving the budget. Mayor Larson stated the first year of this budget process was overwhelming. There are a lot of things we want to say and do, but cannot because of all the rules and regulations. When you take the debt service and public safety out you have a small piece of the pie to work with. He felt we did the best we can with the budget. He will support the budget. Councilmember Wilson stated the most challenging factor this year is without any say, the market dictated with the fire levy that we were stuck by over $100,000. In the absence of that, the proposed budget would be negative 1 %. There are the commitments made earlier in the year with the Rambling River Center, etc. He does not agree with the way the process goes. Council is involved far too late. He does not want to be part of the day-to-day operations, but there has to be a middle ground. It is more than reasonable for Council to set the framework for the direction we should go. The budget is more good than bad so he will support it. Councilmember Donnelly stated there was a lot of work put into the budget. We differ on our priorities and how we approach things. There were a lot of things done to reduce the budget such as refinance the bonds, good agreements with the bargaining units, delayed capital projects, etc. We took on new initiatives like $50,000 to operate the new Rambling River Center, we participated in the move to the new Rambling River Center for $20,000/year, a new SRO at the high school, fixing the Ice Arena, and maintained our contribution to the Fire fund. We had to balance the cutback from the state with cutting things and doing new things and what the community asked. He felt the budget was fair and reasonable given the current situation. He will support the budget. Councilmember Fogarty stated no one likes the budget. There is more good than bad and after the last workshop she left very frustrated. Some of it came from some of the comments Councilmember Wilson said, but he has spent a great deal of time working through this budget, and the conflicts he has had with the budget. At the beginning of the process he laid out what he envisioned and we met that vision. It was not easy to get there. Councilmember May said at the last workshop that she was looking to Councilmembers who have been here to gain Council Minutes (Regular) December 21,2009 Page 13 information and insight from them. Councilrnember Fogarty apologized if she was not forthcoming in the last year to help her reach that goal. In the next year she will do that better. One bit of advice, she has heard consistently from Councilmember May that this is not a big enough cut, one thing Councilmember Wilson did, that Councilmember May was not able to articulate is that he wanted to reach a certain number for a certain reason. That is something Councilmember Fogarty can understand. She never saw a number or a reason from Councilmember May. She needs to know why she is doing something and what the goal is. She will support the budget, but is concerned with what the legislature may do to us this year. Farmington does not need to write the state a check; we do fine paying into the state. MOTION by Fogarty, second by Wilson adopting RESOLUTION R67-09 setting the 2010 Collectible Property Tax Levy and RESOLUTION R68-09 revising the 2009 Budget and approving the 2010 Budget. Voting for: Larson, Donnelly, Fogarty, Wilson. Voting against: May. MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember May: She is not against the Ice Arena, but Council and staff has realized she is a planner and likes lists. She likes to see all the options and does not think we have seen all the options. She will vote with her conscience and she could not vote yes with the information they had. There would be more savings to segment the work out. She thanked all the seniors who attended the Rotary Club luncheon. She thanked Brenda's School of Dance and City Engineer Schorzman. Councilmember Fogarty: She and her children attended Toys for Town along with dozens of people in the community. There were 90 families served. The generosity of this community never ceases to amaze her. She thanked everyone who contributed. Councilmember Wilson: Regarding Toys for Town he felt like Mr. Pritzlaffmade a negative comment towards those on the Council who were not there which was out of line. There are many people who give gifts or donations which is equally as valuable. Councilmember Donnelly: Wished everyone a happy and safe holiday. It has been an interesting first year on the Council. City Administrator Herlo/sky: Wished everyone a happy holiday. He thanked the employees who have made this a very successful year. We accomplished the bridge over I 95th Street, the new high school, Flagstaff Avenue was completed, and other projects. The house on Elm Street was demolished due to the positive contact with the CDA. Council Minutes (Regular) December 21, 2009 Page 14 Employees had a furlough this year and when negotiating contracts they were willing to meet us halfway. He is proud to be a Farmington employee because of the type of people we have working here. Mayor Larson: Thanked everyone who helped with Toys for Town. Asked residents to check their NixIe accounts or City Calendar for upcoming events. He asked residents to shovel out the fire hydrants. The liquor store is having a huge sale this week. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 9:12 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~.v~ ;rl~ v Cynthia Muller Executive Assistant 7/; City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 · Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer ~ SUBJECT: Water Commission Compensation Adjustment DATE: January 4,2010 INTRODUCTION During recent Water Commission meetings, members have discussed the current compensation structure for members of the Commission, and have requested that Council adjust the compensation to reflect, more closely, the contributions of each member. The Water Board was created in August of 1911, and operated as a board unti11980 when it was changed to a Water Commission. DISCUSSION The Water Commission has jurisdiction over the municipal water system. When operating as a board, one member was the board chair, one member was the secretary, and one member was the treasurer. During this time, compensation was "stepped" to apparently reflect the difference in duties of each member. When the board was changed to a commission, these positions were eliminated. Currently the only distinction between members is that one is the president who is responsible for running the meetings. Compensation has remained "stepped", even though the board was changed to a commission. After discussion, the members have requested that Council consider adjusting the compensation to more accurately reflect the "equal" contributions of each member. The following tables reflect the current and proposed compensation structure for Water Commission members. Water Commission Compensation Current Annual Per Meeting Total Annual Title Compensation Compensation Compensation PresIdent $ 350.00 $ 25.00 $ 625.00 SecretarY $ 200.00 $ 25.00 $ 475.00 Treasurer $ 100.00 $ 25.00 $ 375.00 Total: $ 1,475.00 Total annual compensation based on annual compensation plus 11 times the per meeting compensation Water Commission Compensation January 4,2010 Page 2 of2 P d ropose Annual Per Meeting Total Annual Title Comoensation Comoensation Comoensation President $ 350.00 $ 25.00 $ 625.00 Secretary $ 300.00 $ 25.00 $ 575.00 Treasurer $ 300.00 $ 25.00 $ 575.00 Total: $ 1,775.00 Total annual compensation based on annual compensation plus 11 times the per meeting compensation BUDGET IMPACT This change would result in a total annual water fund budget impact of $300.00. Commission member compensation is paid by the water fund. ACTION REOUESTED Approve the proposed change to Water Commission annual compensation. Respectfully Submitted, %~. Kevin Schorzman, P .E., City Engineer 7c:.. City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 ; Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director ' 0 V Jennifer Dullum, Natural Resource Specialist 00 SUBJECT: Dakota County Sentenced to Service Contract DATE: January 4, 2010 INTRODUCTION Attached herewith for Council's approval is a Sentenced To Service (STS) contract between the City and Dakota County. DISCUSSION Dakota County operates a STS program. The program was developed to supervise the completion of court ordered community service. It is most typically an alternative used in place of a jail term. Participants are non-dangerous offenders who have been screened by program staff. As part of this program, Dakota County makes STS crews available to non-profit organizations as well as State and local governments. Upon execution ofa contract with Dakota County, crews are made available to do many types of work including: park clean up, construction labor, landscaping, painting, trail construction and maintenance, buckthorn removal and any other work needing to be completed. The size of the crew ranges from five to ten crewmembers. These crewmembers are supervised by a working crew leader who is a contractor, hired by Dakota County. Currently, the City has several projects that would benefit from the additional manpower provided by a STS crew. Both Parks and Recreation and Natural Resources would utilize the crew for a total of two weeks during the year. Work for Parks and Recreation would include buckthorn removal in the Autumn Glen wooded area and in Vermillion Grove Park and the painting of three outdoor hockey rink paved surfaces. In the past the crew has been involved in thistle removal in various park and open space locations. Natural Resources would utilize the crews to clean out City storm water structures to provide unobstructed storm water flow, while also collecting trash and debris from storm water pond areas. There are several benefits from using an STS crew to accomplish the above-mentioned work. First, a crew can more efficiently accomplish the work in a shorter amount of time. Secondly, the use of an STS crew to accomplish this work will free-up City staff to work on projects that require a higher skill level, and that also have a higher priority from a citywide perspective. Finally, the cost to the City to accomplish this work is reduced. The number of person-hours worked per week will vary om 240 to 440 depending on the size of the crew (crews vary in size from a minimum of 5 to a maximum 10 as mentioned above). This will cost the City $2,126.80 per week. One seasonal worker accomplishes etween 300 and 400 hours of work per season which costs the City $2,550 to $3,400 in salary alone, not to mention workers compensation insurance and other overhead costs associated with City employme 1. BUDGET IMPACT The cost associated with this contract would be covered by monie from Parks and Recreation and Natural Resources, currently incorporated into the City's annual budge. Natural Resources proposes to use Professional Services monies from the Stormwater Utility Fund to cover its $2,126.80 (one week of work) share of the cost for utilizing the STS Program. In order to cover the cost to the Parks and Recreation Department for utilizing the STS program, the Parks and Recreation Department is proposing to reallocate $2,126.80 ( ne week of work) from the 20010 Parks Maintenance Division budget's Salaries Part-Time account. This is the same reallocation that has been done for the past three years. As a result, seasonal staff numbers in Par Maintenance will remain the same as it was in 2009. Given that a crew of 5-10 adults will be eradicatin buckthorn and thistles at one time and painting three outdoor hockey rink paved surfaces, the number of h urs provided through this contract will at least equal and more likely exceed that of hiring one seasonal s member. This will allow full-time and seasonal staff to focus on completing not only daily maintenance rk but also complete other improvement projects in the parks. ACTION REOUESTED Approve the attached STS contract with Dakota County. ~J)i1j Randy Distad Parks and Recreation Director ~ Natural Reso e Specialist cc: file CONTRACT BE1WEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON fOR SENTENCE TO SERVICE PROGRAM WORK CREWS CONTRACT PEmoD: 1/1/2010 -12/31/2010 this Contract Is made and entered Into between Dakota County, by and through the Community Corrections Department, hereinafter "County" and the City of Farmington. 430 3rd Street. Farmington, MN 55024, hereinafter "CIty" . WHEREAS, the City desires the services of the Sentence to Service Program work crews; and WHEREAS, the County operates the Sentence to Service Program by providing work crews of non-dangerous criminal offenders plus a supervisor to perform unskilled labor; and WHEREAS, The City will pay Dakota County a total amount of $4,253.60 at a rate of $425.36 per day for ten (10) guaranteed work crew days pursuant to the terms of this Contract. Now, THEREFORE, In consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. GENERAL PROVISIONS. 1.1 Puroose. The purpose of this Contract Is to define the rights and obligations of the County and City with respect to Sentence to Service ("STS") work crews. 1.2 Coooeratlon. The County and City shall cooperate and use their reasonable efforts to ensure the most expeditious Implementation of the various provisions of this Contract. The parties agree to, In good faith, undertake resolution of any disputes In an equitable and timely manner. City and County liaisons will meet at least twice annually and more frequently If necessary to discuss Issues related to the STS program. 1.3 nmn. The term of this Contract shall be from 1/1/2010 to and Including 12/31/2010, regardless of the date of signatures hereunder, unless earlier terminated by law or according to the provisions herein. 1.4 Definitions. a) Work Crew. A work crew shall consist of a Crew leader and a crew of five to ten workers. The Crew leader shall oversee and be In charge of the work crew. b) Work Crew Days. A STS work crew day shall consist of seven hours, less a thirty minute lunch break, between the hours of 8:00 am and 3:00 pm. A work crew may be discharged earlier at the discretion of the City supervisor. 2. CITY's RIGHTS AND OBUGATlONS. 2.1 General Descrlotlon. City shall receive STS work crews for 10 crew days. The speclflc days to be worked and the work to be performed shall be determined at least thirty days In advance of the work by the City and County. 2.2 Total Cost. The total amount to be paid by the City pursuant to this Contract shall not exceed $4,253.60. The County will Invoice the City for actual crew days worked up to 10, days at a cost of $425.36 per day. The City agrees to pay the County $4,253.60 no later than October 1, 2010. 2.3 Work Prolects. The City will provide work projects requiring unskilled labor such as light construction or landscaping, and any specialized equipment needed for the work. Each work project will be reduced to wrltlng and provided to the Crew leader before work commences. A work project will be concluded when a City representative and the Crew leader sign off that work has been satisfactorily completed. City of Farmington-11064.doc Page 1 Custom ..r.:::>1-' 2.4 Crew. Workcrew members are not employees of the City or the County as specified In Minn. Stat. fi 3.739. 3. COUNTY'S RIGHTS AND OBLBGATlONS. 3.1 General Descrlotlon. The County will: .8 Provide STS work crews for the City pursuant to this Contract. iii Designate a person as the County's representative with respect to the CIty's services to be performed under this Contract. Such person shall have complete authority to transmit Instructions, receive Information, and Interpret and define the County's policies and decisions with respect to services covered by this Contract. 3.2 PaYment. The County will submit Invoices to the City for payment by the City. 3.3 Work Prolects. The County, through Its Contractor, General Security Services Corporation, shall equip work crews with some hand tools. 3.4 Other Work. The County may, at its discretion, offer the City the opportunity to use more than 10 crew days per year without additional cost to City If additional days are available. 4. LIABLE FOR OWN ACTS. 4.1 Each party to this Agreement shall be liable for the acts of Its own officers, employees and agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of another party, Its officers, employees and/or agents. It Is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each Party warrants that It has an Insurance or self-Insurance program that has minimum coverage consistent with the liability limits contained In Minn. Stat. Ch. 466. 4.2 Any and all work crew members engaged In the aforesaid work to be performed by the County shall not be considered employees of City, and any and all claims that mayor might arise under the Workers' Compensation Act of this state on behalf of the work crew members while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the work members while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City but shall be determined as provided In Minn. Stat. ~ 3.739. The County shall not be responsible under the Workers' Compensation Act for any employees of the City. 5. FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may Include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 6. TERMINATION. 6.1 Good Cause. If either party falls to fulfill Its obligations under this Contract, such failure shall be considered good cause to terminate this Contract on seven days' notice by the other party. 6.2 With or Without Cause. This Contract may be terminated with or without cause, by the County or City upon thirty (30) days written notice. City of Farmlngton-11 064.doc Page 2 Custom ~ 6.3 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination. Ail STS work crews prepaid by the City shall be refunded to the City If the same are not used. 6.4 Termination by County - Lack of Fundlna. Notwithstanding any provision of this Contract to the contrary, the County may Immediately terminate this Contract If It does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or If Its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written Notice of Termination sent by the County to City by facsimile Is sufficient notice under the terms of this Contract. The County Is not obligated to pay for any services that are provided after written Notice of Termination for lack of funding. The County will not be assessed any penalty or .damages If the Contract is terminated due to lack of funding. 7. DAMAGES. Duty to Mitlaate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 8. REPRESENTATIVE. Liaison. To assist the parties In the day-to-day performance of this Contract and to develop servfce, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually Informed, In writing, of any change In the designated liaison. In addition, the City shall Inform the County of any changes to CIty's address, phone number(s), e-mail addressees), and any other contact changes. At the time of execution of this Contract the following persons are the designated liaisons: City Liaison: Jennifer cullum/Jeremy Pier City of Farmington 430 Third street Farmington, MN 55024 Phone Number: (651) 280-6845/(651) n5-9934 County Liaison: Angela Domme Community Corrections Supervisor Phone Number: 651-438-8263 9. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the County and City. 10. COMPUANCE WITH LAWS/STANDARDS. 10.1 Minnesota Law to Govern. This contract shall be governed by and construed In accordance with the substantive and procedural laws of the State of Minnesota. 10.2 The City agrees to abide by ail Federal, State or local laws, statutes, ordinances, rules and regulations now In effect or hereinafter adopted pertaining to this contract or other facilities, programs and staff for which the City Is responsible. City of Farmington-11 OM.doc Page 3 custo~ 11. SEVERABIUlY. 11.1 The provisions of this Contract shall be deemed severable. If any part of this Contract Is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts that are void, invalid or otherwise unenforceable shall substantially Impair the value of the entire Contract with respect to either party. 12. MERGER. 12.1 This Contract Is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. IN WITNESS WHEREOF, the parties have executed this Contract on the dates Indicated below: Approved by Dakota County Board Resolution No. _ COUNTY OF DAKOTA By Approved as to form: David A. Rooney Titie Community Services Director Date of Signature ~kh.rn ~ 1(-3-d~ Assistant County Attorney/Date File No. It, - 0'1'" a.t/ J. . c() 3 CITY OF FARMINGTON (I represent and warrant that I am authorized by law to execute thIs Contract and legally bind the City). By Title Date of Signature By Title Date of Signature City of Farmington-11 064.doc Page 4 Custom 7d City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111. Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director cj))' SUBJECT: Ice Facility Task Force Members DATE: January 4,2010 INTRODUCTION City Council and the Farmington School District's School Board gave direction to assemble a task force that would look at the short term and long term planning of ice facilities in Farmington. DISCUSSION City staff, Farmington School District staff and members of the Farmington Youth Hockey Association have met twice and discussed the formulation of a task force to study and make a recommendation concerning both short term and long term planning of an ice facility in Farmington. Attached in Exhibit A is a list of people that this group has identified to be on the task force. The:first meeting of the task force will be held during the week of January 4-8, 2010. An exact date and time is still being scheduled. ACTION REOUESTED No action is necessary, this information is merely for informational purposes. Exhibit A Name Peter Herlofsk Mike Hale Rand Distad Dr. Brad Meeks Jeff Priess Jon Summer Nick Gerold Don Johnson Cal Huntle Robin Hanson Mike Pierce Cral Kronholm Ice Facility Task Force Membership List Affiliation Ci staff Ci Park and Recreation Adviso Commission Ci staff School District staff School District staff School District staff Farmln ton Youth Hocke Association Farmln ton Youth Hocke Association Farmin ton Youth Hocke Association Citizen at lar e Citizen at lar e Facilitator 7<:: City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director Jj5' SUBJECT: Text Amendment Fee Ordinance DATE: January 4,2010 INTRODUCTION The 2010 Fee Ordinance that was adopted by the City Council at its December 21,2009 meeting omitted some text as it related to the identification of the schedule of prime time and non-prime time hours. DISCUSSION The 2010 Fee Ordinance that was adopted on December 21,2009 should have identified weekend and weekday non-prime time and prime time ice rental times instead of just a general time range. The following text should be inserted into the Fee Ordinance to clarify the weekday and weekend prime and non-prime ice rental times: "Prime Time Saturday and Sunday (7:00 a.m. - 10:00 p.m.) and Monday - Friday (2:00 -10:00 p.m.) Non-Prime Time Saturday and Sunday (10:15 p.m. - 6:45 a.m.) and Monday - Friday (10:15 p.m. -1:45 p.m.) The text amendment does not affect the fees being charged it only clarifies the times identified as prime and non-prime time ice rental. ACTION REOUESTED Approve by motion the prime time and non prime time schedule designation as a text amendment to the adopted 2010 Fee Ordinance. y~ Randy Di Parks and Recreation Director 7-F City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director ~ SUBJECT: Appointment Recommendation -Police DATE: January 4,2010 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer has been completed. DISCUSSION After a thorough review by the Police Department and the Human Resources Office, a contingent offer of employment has been made to Mr. Peter Zajac, subject to the successful completion of the pre-employment physical and ratification by Council. Mr. Zajac is currently a police officer for the City of Faribault and has proven to be a valued employee. Mr. Zajac meets or exceeds the minimum qualifications for this position. BUDGET IMPACT This position is provided for in the 2010 budget. ACTION REQUESTED Approve the appointment of Mr. Peter Zajac as a Police Officer in the Police Department, effective on or about January 19,2010. Respectfully Submitted, ~~ I Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 73 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.fannington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director << SUBJECT: Appointment Recommendation - Fire Department DATE: January 4, 2010 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Assistant Chief - Rescue has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Assistant Chief - Rescue position by the Assistant Chief Selection committee, a contingent offer of employment has been made to Todd Kindseth, subject to ratification by the City Council. Mr. Kindseth has been a member of the Fire Department for 19 years. He has served as Rescue Lieutenant, Rescue Captain and currently holds the position of Assistant Chief - Rescue. Per policy, the officer positions in the Fire Department have tenn limits to their appointments. The tenn to be approved at this time is for three years. BUDGET IMPACT Funding for the positions is provided for in the 2010 budget. ACTION REQUESTED Approve the three year appointment of Todd Kindseth to the position of Assistant Chief - Rescue. Respectfully Submitted, ~JJ~~~ ~da Wendlandt, SPHR Human Resources Director cc: Personnel file 7~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director ~ SUBJECT: Appointment Recommendation - Fire Department DATE: January 4,2010 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Assistant Fire Chief has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Assistant Fire Chief position by the Assistant Fire Chief Selection committee, a contingent offer of employment has been made to Troy Corrigan, subject to ratification by the City Council. Mr. Corrigan has been a member of the Fire Department for over 20 years. He has served as a Lieutenant, Captain and is currently an Assistant Chief. Per policy, the officer positions in the Fire Department have term limits to their appointments. The term to be approved at this time is for three years. BUDGET IMP ACT Funding for the positions is provided for in the 2010 budget. ACTION REQUESTED Approve the three year appointment of Troy Corrigan to the position of Assistant Fire Chief. ~~ ~end1andt, SPHR Human Resources Director cc: Personnel file ~' City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director J))' SUBJECT: Appointment Recommendation - Fire Department DATE: January 4,2010 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Captain has been completed. DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Captain position by the Selection committee, a contingent offer of employment has been made to Adam Fischer, subject to ratification by the City Council. Mr. Fischer has been a member of the Fire Department for 7 years and has been a fire lieutenant since 2006. Mr. Fischer meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2010 budget. ACTION REQUESTED Approve the appointment of Adam Fischer to the position of Fire Captain. Respectfully SUbm~~ ~~~~~ ~ /B;enda Wendlandt, SPHR Human Resources Director cc: Personnel file 2~ u City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director c1fs SUBJECT: Appointment Recommendation - Fire Department DATE: January 4,2010 INTRODUCTION The recruitment and selection process for the appointment of a Paid On-Call Fire Captain has been completed. DISCUSSION After a thorough review of all applicants for the Paid On~Call Fire Captain position by the Selection committee, a contingent offer of employment has been made to Justin Elvestad, subject to ratification by the City Council. Mr. Elvestad has been a member of the Fire Department for 8 years and has been a fire lieutenant since 2007. Mr. Elvestad meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2010 budget. ACTION REOUESTED Approve the appointment of Justin Elvestad to the position of Fire Captain. Respectfully Submi!\~cy ~~ Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 7/\ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Annual Report - Boards and Commissions DATE: January 4,2010 INTRODUCTIONIDISCUSSION Section IX of Council By-laws calls for the submittal of a report stating the number of meetings and the attendance records for various Board and Commission members. The 2009 attendance record for all seats on City Boards and Commissions is as follows: HERITAGE PRESERVATION COMMISSION Beverly Preece Present 4 out of 5 meetings Edgar Samuelson Present 3 out of 5 meetings Doug Johnson Present 2 out of 5 meetings David McMillen Present 5 out of 5 meetings John Franceschelli Present 5 out of 5 meetings PARKS AND RECREATION ADVISORY COMMISSION Dawn Johnson Present 12 out of 12 meetings Charlie Weber Present 12 out of 12 meetings Karen Neal Present 11 out of 12 meetings Mike Haley Present 4 out of 5 meetings (Appointed 7120/09) David McMillen Present 5 out of 5 meetings (Appointed 7120/09) Tim White Present 4 out of 6 meetings (Resigned 7/14/09) Patti Norman Present 2 out of 6 meetings (Resigned 6/1/09) . PLANNING COMMISSION Dirk Rotty Present 10 out of 13 meetings Geoffrey Stokes Present 9 out of 13 meetings Doug Bonar Present 11 out of 13 meetings Joseph Vanderbeck Present 10 out of 13 meetings Steve Kuyper Present 3 out of 4 meetings (Appointed 7/20/09) Ben Barker Present lout of 3 meetings (Resigned 4120/09) WATER BOARD Allan Maguire Jeff Krueger Tom Jensen Present 11 out of 11 meetings Present 11 out of 11 meetings Present 11 out of 11 meetings RAMBLING RIVER CENTER ADVISORY BOARD Charlie Weber Present 12 out of 12 meetings Gil Anderson Present 11 out of 12 meetings Sarah Miller Present 8 out of 12 meetings Nancy Anderson Present 7 out of 12 meetings Allen Koss Present 10 out of 12 meetings Marilyn Briesacher Present 11 out of 12 meetings Lani Drill Present 7 out of 12 meetings ECONOMIC DEVELOPMENT AUTHORITY Todd Larson Present 9 out of 9 meetings Christy Jo Fogarty Present 9 out of 9 meetings Julie May Present 9 out of 9 meetings Terry Donnelly Present 7 out of 9 meetings Steve Wilson Present 9 out of 9 meetings ACTION REOUESTED For Council information only. Respectfully submitted, ~a~~ Lisa Shadick, CMC Administrative Services Director Cc: Board and Commission members 7L City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Accept Resignation - Rambling River Center Advisory Board DATE: January 4,2010 DISCUSSION Ms. Nancy Anderson has submitted her resignation for her position on the Rambling River Center Advisory Board. Her term on the board runs through January 31, 2012. The vacancy will be added to the list of terms to be filled when Council interviews applicants on January 13,2010. A copy of Ms. Anderson's resignation is attached. ACTION REOUESTED Accept the resignation of Nancy Anderson from the Rambling River Center Advisory Board. Respectfully submitted, ~t1 Lisa Shadick, CMC Administrative Services Director City of Farmington Farmington, MN 55024 To: Mayor, Council members, City Administrator From: Nancy C Anderson Rambling River Center Advisory Board member December 20th, 2009 I have moved out of Farmington as of Nov 1 st, 2009 and therefore will have to resign from the Rambling River Center Advisory Board. It has been my pleasure to work with this Board. Thank you Nancy C Anderson Advisory Board letter. doc 7n, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ciJarmington.mn.us TO: Mayor, Couneilmembers, City Administrator FROM: Lisa Shadiek, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Knights of Columbus Council #2400 DATE: January 4, 2010 INTRODUCTIONIDISCUSSION The Knights of Columbus Council #2400 is requesting a Temporary On-Sale Liquor License for a Bingo event to be held on February 13,2010. The event will be held on St. Michael's property located at 22120 Denmark Avenue. Per State Statute, a Temporary On-Sale Liquor license must first be approved by the City Council and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for a Temporary On-Sale Liquor Licenses for non-profit organizations. Therefore, a City fee has not been established at this time. ACTION REOUESTED Approve the attached application for a Temporary On-Sale Liquor License for the Knights of Columbus, 22120 Denmark Avenue, for February 13,2010. Respectfully submitted, ~d~ Lisa Shadick, CMC Administrative Services Director Minnesota Department of Pub lie Safety ALCOHOL AND GAMBLING ENFORCEMENT DMSION 444 Cedar Street Suite 133, St Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWWDPS.STATE.MN.US APPLICA nON AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION CITY TAX EXEMPT NUMBER bPO rJ~'-I STATE ZIP CODE '1 SS17t1/ HOME PHONE ~S-3 '0'/9 DATE ORGANIZED ADDRESS S&8'(' ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe 51. ~~;.l/A~l eiJ..L p ~ ~;J. / iLeJ D .e..--vt.A~ ~ Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. A/O Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. 't I / ! {j APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMI'ITING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECfOR ALCOHOL AM> GAMBLING ENFORCEMENT NOTE: Submit this torm to the city or county 30 days prior to event. Forward application signed by city andlor county to the address above. If the applleatlon Is approved the Alcohol and GambUng Enforcement DivIsion will return this applleatlon to be l1Sed as the License Cor the event PS-09079 (05/06) 71') City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.cLfarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Knights of Columbus Council #2400 DATE: January 4,2010 INTRODUCTION! DISCUSSION The Knights of Columbus Council #2400 is requesting a Gambling Event Permit for two Bingo events. Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2010 Budget. ACTION REOUESTED Approve the attached Resolution granting a Gambling Event Permit to the Knights of Columbus at 22120 Denmark Avenue, on February 13,2010 and November 20,2010. Respectfully submitted, ~f(.ffi~ Lisa Shadick, CMC Administrative Services Director RESOLUTION NO. R -10 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR KNIGHTS OF COLUMBUS #2400 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 4th day of January 2010 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Knights of Columbus submitted an application for a Gambling Event Permit to be conducted at the St. Michael's Church, 22120 Denmark Ave., on February 13,2010 and November 20,2010, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus to be conducted at the St. Michael's Church, 22120 Denmark Ave., on February 13,2010 and November 20,2010 is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January 2010. Mayor Attested to the _ day of January 2010. Administrative Services Director/ Deputy City Clerk SEAL ~. ,.0 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Southern Dakota. County Sportsman's Club DATE: January 4, 2010 lNTRODUCTIONIDISCUSSION The Southern Dakota County Sportsman's Club is requesting a Gambling Event Permit for a raffle to be held at the American Legion Club. Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been reviewed and the appropriate fees received. BUDGET IMPACT Gambling permit fees are included in the revenue estimates of the 2010 budget. ACTION REOUESTED Approve the attached Resolution granting a Gambling Event Permit to the Southern Dakota County Sportsman's Club at the American Legion Club, 10 North 8th Street, on January 23,2010. Respectfully submitted, ~d~~ Lisa Shadick, CMC Administrative Services Director RESOLUTION NO. R -10 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR SOUTHERN DAKOTA COUNTY SPORTSMAN'S CLUB 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 4th day of January 2010 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Southern Dakota County Sportsman's Club submitted an application for a Gambling Event Permit to be conducted at the American Legion Club, 10 North 8th Street on January 23,2010, for Council consideration. 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'0 ~I ~ (J l:D c: ::J en 11 2l tr ~ .... :I ~~~ ! r m !z !z ..; ~ s I x ~ ~ ~ !i: '0 I !:i !:i I I I- l- (/) (/) IQ II) i ... ~ ~ ,@ = J; J; J I c. i t: t: c. :I o ... .... (/) .... ... .... 1:: i I c ~ & ~ 8- e &! <Ii l;; e t; g [:;j ., t:3 II) > [ ~ ~ Ii! (5 ~ 0 ... 9 .... ~I ~ :e ld ::J <3 ... ~ i!! ... il .... ... III 0 c .... tr z .... 7r City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 · Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve On-Sale Beer License and Billiard and Gaming License DATE: January 4,2010 INTRODUCTION! DISCUSSION City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off- Sale Beer Licenses and Ordinance 3-16-2 regulates Gaming Device Licenses. Farmington Billiards has submitted applications for an On-Sale Beer License and a Billiard and Coin Operated Gaming License. The appropriate forms, fees and insurance information have been submitted and the applications have been reviewed and approved by the Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2010 budget. ACTION REOUESTED Approve an On-Sale Beer License and Billiard and Coin Operated Gaming License for Farmington Billiards located at 933 8th Street. Respectfully submitted, ~t1~ Lisa Shadick, CMC Administrative Services Director 1Gb.. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Annual Organizational Matters DATE: January 4, 2010 INTRODUCTIONI 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: 10a(1). Acting Mayor - Council By-Laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Wilson, subject to the second highest number of votes in the 2006 General Election and serving the fourth year of his term, is eligible for appointment as Acting Mayor. 10a(2). Official Publication - Per State Statute 331A.04 Subd.2, the Farmington Independent is the only publication located within the City's corporate limits and as such the City is required to designate it as the City's legal newspaper. The City has also received a bid from Thisweek Newspapers to become Farmington's legal newspaper. The City Council has the authority to designate more than one legal newspaper. If two publications are chosen as the City's legal newspaper, official notices must be submitted to both papers. This additional expense was not included in the 2010 budget. 10a(3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2010. 10a(4). Official Depositories - Please refer to the attached memo from the City's Accountant that identifies official City depositories for fiscal year 2010. 10a(5). Process Servers - The Farmington Police Department is the designated City Process Servers for 2010. 10a(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. 10a(7). Fees and Charges - At the December 21,2009 City Council meeting, Council adopted Ordinance 009-618 establishing fees and charges for the year 2010. 10a(8). Boards and Commissions - Interviews will be held on Wednesday, January 13,2010 at 5:30 p.m. for the purpose of selecting Commission candidates. Appointments will be made at the January 19,2010 City Council Meeting. 10a(9). ALF Ambulance Board Appointment Primary and Alternate - A primary and an alternate Councilmember will need to be appointed to the ALF Board for 2010. Councilmember Wilson currently serves as the primary representative and Councilmember Fogarty as alternate. 1 0a(1 0). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a Councilmember to serve on this board in 2010. Mayor Larson Currently serves on the CEEF Board. 10a(1l). Joint Farmington/Empire Planning Advisory Committee Appointments - Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2009, Councilmember Fogarty, the City Administrator, Peter J. Herlofsky, Jr. and Planning Commission Member Doug Bonar served on this committee. 10a(12). Farmington/Castle Rock Discussion Group - Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2009, Mayor Larson, the City Administrator, Peter J. Herlofsky, Jr. and Planning Commission Member Joseph Vanderbeck served on this board. 1Oa(13). Eureka/Farmington Planning Advisory Committee - Appoint and/or acknowledge a Councilmember, a staff member and Planning Commission representative to this board. In 2009, Mayor Larson, the City Administrator, Peter J. Herlofsky, Jr. and Planning Commission Member Joseph Vanderbeck served on this board. 10a(14). MUSA Review Committee Appointments - Appoint two Councilmembers to serve on this board in 2010. Councilmembers Donnelly and May currently serve on this board. 10a(15). Appointment of Director and Alternate to Logis - Appoint Brenda Wendlandt as Director and Peter J. Herlofsky, Jr. as Alternate to Logis for 2010. 10a(16). Responsible Authority for data practices appointment - Appoint, by resolution, City Administrator, Peter J. Herlofsky, Jr. as responsible authority for data practices and Brenda Wendlandt as compliance officer and Brian Lindquist as responsible authority for law enforcement for 2010. ACTION REOUIRED Approve appropriate appointments and approve the above actions as indicated. Respectfully submitte~ / ... // ~.4.4~ Lisa Shadick, CMC Administrative Services Director COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 4,2010 MOTION by Fogarty, second by Wilson as follows: lOa(l). That Councilmember Wilson be designated as Acting Mayor from January 5, 2010 through December 31,2010. lOa(2). That the Farmington Independent be designated as the official publication from January 5, 2010 through December 31, 2010. lOa(3). Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January S, 2010 through December 31, 2010. 10a(4). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments. Smith Barney Inc., and Roundbank (Farmington) be designated as the Official Depositories from January 5, 2010 through December 31, 2010. lOa(5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2010. 10a(6). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(7). ORDINANCE NO. 009-618 Establishing Fees and Charges for licenses and permits for 2010 was adopted December 21,2009. 10a(8). Appointments to Boards and Commissions - Candidates will be interviewed January 13, 2010 and appointments will be made at the January 19,2010 Council Meeting. lOa(9). Appoint Councilmember Wilson as the primary and Councilmember Fogarty as the alternate representative to the ALF Ambulance Board. 10a(1l). Appoint Councilmember Fogarty, Staff member Peter Herlofsky and a Planning Commission member to the Farmington/Empire Planning Advisory Committee. lOa(12). Appoint Mayor Larson, Staff member Peter Herlofsky and a Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(13). Appoint Councilmember May, Staff member Peter Herlofsky, and a Planning Commission member to the Eureka/Farmington Planning Advisory Committee. lOa(14). Appoint Councilmembers Donnelly and May to the MUSA Review Committee. lOa(l5). Appoint Brenda Wendlandt as Director and Peter Herlofsky as Alternate to LOGIS for 2010. lOa(16). Appoint by resolution Peter 1. Herlofsky, Jr. as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2010. APIF, MOTION CARRIED. lOa(lO). Appoint Mayor Larson as the City's representative to the CEEF Committee. MOTION by Fogarty, second by Donnelly to appoint Mayor Larson to the CEEF Committee. Voting for: Larson, Donnelly, Fogarty. Voting against: May, Wilson. MOTION CARRIED. I O~(a. , v I dFARMINGI'Ol'il n epenuent 312 Oak Street, P.O. Box 192 Farmington, MN 55024 Tel: 651-460-6606 Fax: 651-463-7730 Emall: gm l@farmlngtonindependent.com Farmington City Council 430 Third Street Farmington, MN 55024 Dear council members and staff at the City of Farmington, I am writing to request that the Farmington Independent again be considered as the city's official newspaper. Our newspaper has been continually published in Farmington since April 1984, and we are still going strong. I have enclosed more information about our newspaper on the following pages, and I have included rate information for 2010. Thank you for your consideration. Sincerely, Chad Hjellming General manager Farmington Independent Ind~penaent To: The City of Farmington From: The Farmington Independent It is hereby affirmed: (a) The Farmington Independent newspaper is printed in the English language, is printed in newspaper format and in column and sheet form equiva- lent in printed space to at least 1,000 square inches. (b) The Farmington Independent is issued weekly, 52 weeks per year. (c) The Farmington Independent newspaper averages 45 percent of its printed space to paid advertising material and public notices. The balance of printed space is given to news of local interest, sports and com- munity events. (d) The Farmington Independent newspaper has a paid circulation of 1,950. (e) The Farmington Independent newspaper is based at 312 Oak St. in Farmington, Minnesota. (f) A copy of each issue of the Farmington Independent newspaper is mailed directly to the state historical society. (g) The Farmington Independent newspaper is available to anyone who is a paid subscriber, or is distributed to them free of charge. (h) The Farmington Independent newspaper has complied with all the foregoing . conditions for over one year immediately preceding date of notice of publica- tion. (i) The Farmington Independent newspaper publishes second-class statement of ownership and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filed with the Secretary of Stat~ before Jan. 1 of each year. I dPARMlNGTO!'il n epenuent 2010 legal printing rates The price per inch for printing legals in the Farmington Independent for 2010 will be $7.75. Legal copy in the Farmington Independent has the following dimensions: Column width in picas 10 Line length in picas 10 Number of lines per inch 10.5 Length of the lower case alphabet, in points 78 'lype size, in points 6 I I I I I I I I I I I I I I 12190 County Road 11 Burnsville, Minnesota 55337 DAKOTA COUNTY TRIBUNE. INC. 952-894-1111 · Fax 952-846-2010 City of Farmington City Hall 430 Third Street Farmington, MN 55024 December 8, 2009 Please accept this bid for legal newspaper for the City of Farmington. We have a dedicated staff as well as the largest circulation to handle your legal notices in an efficient manner. We continue to implement new changes in the newspaper to benefit our Farmington readers. We feel it is important to provide the city's legal notices in addition to the news stories, features and photographs of local events that we offer each week. We would like to print your legal notices in Thisweek Newspapers Farmington/Lakeville edition. By designating Thisweek Newspapers as your legal newspaper, your legal notices will reach 24,641 homes. Our deadlines are excellent; notices received by Tuesday 4 p.m. will be printed in our Friday publication. Our prices are very compatible. Please see attached. Our staff is very experienced in helping municipalities place their legal notices. We would prefer to accept your legal notices bye-mail atbv.1egals@ecm-inc.com. However, we can also accept your legal notices by fax at 952-846-2010. If you have any questions, please feel free to call me at 952-846-2007. Thank you for your consideration. va ooney Business Manager Enclosure (1) 111- Quotation Form for City of Farmington Thisweek FarmingtonILakeville Number of lines per column inch Printed characters and spaces per line Total characters and spaces per column inch Per line cost Per column inch cost Per column inch cost for e-mailed (Word or InDesign notices) ads Circulation Legal notice deadline Tuesdays @ 4 p.m. Date 12/08/2009 By 10 Average 45 Average 450 $0.95 $9.50 $9.00 24,641 Eva Mooney Business Manager Thomas J. Campbell Rogel!" N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soreo M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartl Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317. Eagan, MN 55121 65 t -452 -5000 Fax 651.452-5550 www.ck-law.com CAMPBELL KNUTSON /Oa,0 Professional Association *** Direct Dial: (651) 234-6219 E-nudl Address: JlamnJk@ck~lflW.com December 29, 2009 Mr. Peter J. Herlofsky, Jr., City Administrator City of Farmington 430 3rd Street Farmington, Minnesota 55024 RE: 2010 BILLING RATES Dear Peter: We appreciate very much the opportunity to provide legal services to the City, and respectfully request reappointment as the City Attorney. We look forward to continuing our long~term professional relationship with the City. Our goal is to provide quality legal services in the most cost~effective manner, and therefore are not proposing an increase in our rates in 2010. I have enclosed redlined and clean versions of the proposed agreement for legal services for the upcoming year. Thank you for your consideration. Sincerely, CAMPBELL KNUTSON Proftssional Association B~~~'~ JJJ:srn Enclosures AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 20 1 OW, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (l1Cityl1) 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 RELA TIONSIDP. 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 resolution 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 for a total monthly amount which shall not exceed$14,500.00, billed at the following hourly rates with a minimum increment of two-tenths of an hour: 59775v16 JJJ:rI2/29/2009 1 Civil Munici?al Partners Associate Attorneys Legal Assistants $150.00 $140.00 $100.00 Legal services subject to inclusion in the combined $14,500.00 monthly fee cap are: 59775v16 JJJ:r12/29/2009 . Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. . Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. . Reviewing all Council and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councihnembers, City Administrator, Department Heads and other staff on genera1legal matters. . Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment . Consulting on employment related issues. . Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. . Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. . Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. 2 . Reviewing documents submitted by bond counsel involving the issuance of debt or debt related ins1ruments and provide opinions as requested or required. . Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $130.00 $110.00 $ 65.00 The following legal services would be billed at the civil municipal hourly rate outside of the monthly fee cap: Prosecution legal services: . Criminal appeals. . Forfeitures of motor vehicles and weapons pursuant to state law. . Prosecution of ordinance violations initiated by any City department other than the police department. Civil legal services: . Active representation of the City in agency or legislative proceedings. . Grievance or interest arbitration. . Real estate sales or acquisition. . . Litigation and appellate matters. . All services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. 59775v16 JJJ:r12/29/2009 3 ~ C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. Costs: Out-of-pocket costs without mark-up. Costs include: . Westlaw and other computer-based research . Recording fees . Postage of 50~ or more . Photocopies at 20~ per copy . Long distance telephone calls . Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) E. Payments for legal services provided the City shall be made in the manner provided by law. The City will nonnally 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 perfonned hereunder without the mitten consent of the Fannington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a contlict 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 contlict develops between an existing public client of Attorney and the City, such that Attorney has an ethical contlict of interest, Attorney shall infonn the City of the contlict. Attorney may: 59775v16 JJJ:r12/29/2009 4 . . . i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or Hi) represent one client and withdraw from representation of the other client, with the informed consent of that client. D. Effictive Date: lbis Agreement shall become effective upon its execution by the City and the Attorney. lbis Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: .20_. CITY OF FARMINGTON BY: Todd Larson, Mayor BY: Peter J. Herlofsky, City Administrator Dated: .20_. CAMPBELL KNUTSON Professional Association BY: JoelJ.Jamnik Vice President BY: Elliott B. Knetsch Vice President 59775v16 JJJ:r12/29/2009 5 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, 2010, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (IlCityll) and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation (IlAttorneyll). 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 resolution 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 for a total monthly amount which shall not exceed$14,500.00, billed at the following hourly rates with a minimum increment of two-tenths of an hour: S9775v16 JJJ:r12l29/2009 1 Civil Municipal Partners Associate Attorneys Legal Assistants $150.00 $140.00 $100.00 Legal services subject to inclusion in the combined $14,500.00 monthly fee cap are: 59775v16 m:rl2129/2009 . Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. . Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. . Reviewing all Council and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. . Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment . Consulting on employment related issues. . Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. . Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and., as requested, the provision of a written status report on current litigation and unresolved matters. . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, 'Written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. . Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. 2 . Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. . Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $130.00 $110.00 $ 65.00 The following legal services would be billed at the civil municipal hourly rate outside of the monthly fee cap: Prosecution legal services: . Criminal appeals. . Forfeitures of motor vehicles and weapons pursuant to state law. . Prosecution of ordinance violations initiated by any City department other than the police department. Civil legal services: . Active representation of the City in agency Of legislative proceedings. . Grievance or interest arbi1ration. . Real estate sales or acquisition. . Litigation and appellate matters. . All services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. 59775v16 JJJ:rl2/29/2009 3 C. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $300.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. D. Costs: Out-of-pocket costs without mark-up. Costs include: . Westlawand other computer-based research . Recording fees . Postage of 50~ or more . Photocopies at 20~ per copy . Long distance telephone calls . Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) E. Payments for legal services provided the City shall be ~e 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: 59775v16 JJJ:rl2/29/2009 4 i) withdraw from representation of both parties; ii) represent both parties with the infonned consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the infonned consent of that client. D. Effictive Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: .20_. CITY OF FARMINGTON BY: Todd Larson, Mayor BY: Peter J. Herlofsky, City Administrator Dated: .20_. BY: 59775v16 IJJ:r12/29/2009 5 /o~{.t ) City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Rosemary Swedin, Accountant SUBJECT: Official Depositories of City Funds DATE: January 4,2010 INTRODUCTION Each year, official depositories of funds must be designated by the City Council. DISCUSSION Minnesota Statutes Section 118 sets forth the procedures for the deposit of public funds and requires the vendors be designated as depository of funds. The City of Farmington's investment policy outlines qualifications of various depositories. In accordance with statute and City policy, the following vendors are recommended as depositories for fiscal year 2010: Anchor Bank of Farmington League of Minnesota Cities 4M Fund RBC Capital Markets Wells Fargo Investments Smith Barney Inc. Roundbank (Farmington) These depositories have received and will comply with the City investment policy. BUDGET IMPACT Revenues from investment interest are budgeted in 2010. ACTION REQUESTED Designate the above as City depositories for 2010. Respectfully submitted, ~ary Swedin Accountant IOf2U~ RESOLUTION NO. R -10 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 4th day of January 2010 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, hereby appoints Peter J. Herlofsky, Jr., City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes and Brian Lindquist as Responsible Authority for law enforcement. BE IT FURTHER RESOLVED that the City Council hereby appoints Brenda Wendlandt as Data Practices Compliance Officer. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January 2010. Mayor Attested to the _ day of January 2010. Administrative Services Director/ Deputy City Clerk SEAL 106 City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 · Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin SchoIZlDllD, P .E., City Engineer ~ SUBJECT: Approve Plans and Specifications/Authorize Advertisement for Bids - Walnut Street Reconstruction Project DATE: January 4,2010 INTRODUCTION/ DISCUSSION The plans and specifications for the Walnut Street Reconstruction Project were ordered by the City Council at the October 5, 2009 City Council m~eting. The plans for the project are substantially complete. The proposed bid date is February 5, 2010, with the potential award of the project to occur at the February 16,2010, City Council meeting. The project is anticipated to start as soon as spring load restrictions are lifted. The contract is structured such that the work must be complete prior to the beginning of the 2010-2011 school year. Similar to the 2009 Trunk Utility Project and the Dushane Parkway Extension Project, City staff will be responsible for contract management and inspection on this project. BUDGET IMPACT Based on the completed plans, the current estimated project cost is $3,865,000. This estimate includes 10% for contingencies and 27% for engineering, legal, an4 administration. The project will be funded from assessments to benefiting properties, bond proceeds, and contributions from the trunk: utility funds. The proposed funding would be as follows: Assessments $ 423.000 Sanltarv Sewer Trunk $ 60.000 Water Trunk $ 10.000 Storm Sewer Trunk $ 151.000 Bond Proceeds $3,221,000 Total: $3,865,000 Approve Plans and Specs.-Walnut Street Reconstruction Project JanuQ1')J 4, 2010 Page 2 of2 With respect to the budget impact, two items should be noted: . Once bids are received, Council will be provided with an updated analysis reflecting actual costs for the project based on the lowest responsible bid . Since assessments are collected over time, bonding will be for the total project cost based on the lowest responsible bid, and the assessments and trunk funding will contribute to the annual bond payments. ACTION REOUESTED Adopt the attached resolution approving the plans and specifications and authorizing the advertisement for bids for the Walnut Street Reconstruction Project. Respectfully Submitted,, ~~ Kevin Schomnan, P.E., City Engineer cc: file RESOLUTION NO. R-IO APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR BIDS FOR PROJECT 09-06 WALNUT STREET RECONSTRUCTION PROJECT Pursuant to due call and notice thereof, a regular meeting of the Ci~ Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 4 day of January, 2010 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to the City Council's adoption of resolution R45-09, plans and specifications have been prepared with reference to the following improvements: Prot. No. 09-06 DescriDtion Walnut Street Reconstruction Project Location Walnut Street from 4th Street to TH-3 and 5th Street from Walnut to Maple NOW THEREFORE, BE IT RESOL YED that: 1. The plans and specifications for the Walnut Street Reconstruction Project are approved. 2. The City Engineer is authorized to insert in the Fannington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvements under the approved plans and specifications. The advertisement shall be published at least once in the Farmington Independent and in the Construction Bulletin no less than three weeks before the last day for submission of bids. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 10:00 a.m. on the 5th day of February, 2010 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of January, 2010. Mayor Attested to the day of January, 2010. Administrative Services Director! Deputy City Clerk SEAL