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03.18.13 Council Packet
City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Douglas Bonar Terry Donnelly Christy Fogarty AGENDA REGULAR CITY COUNCIL MEETING March 18, 2013 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. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Trinity Golf Tournament Fundraiser—Joy Lauterbach Information Received b) Police Department Awards Presented c) Star of the North Congressional Award—Rambling River Center Lap Robe Ladies Postponed d) Adopt Resolution—Accepting Liquor Store Donation to Rambling River Center Postponed 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (3/4/13 Regular)(3/11/13 Workshop) Approved b) Approve Joint Powers Agreement Dakota County Household Pharmaceutical Disposal Program—Police Department Approved c) Approve Temporary On-Sale Liquor License St. Michael's Church— Administration Approved d) Adopt Resolution—Approve Gambling Event Permit St. Michael's Church- Administration R16-13 e) Approve Job Evaluation(Wage) Study—Human Resources Approved f) Approve Administrative Policies and Procedures—Review, Changes and/or Corrections—Human Resources Approved g) Approve Promotion Finance—Human Resources Approved h) Approve Agreement to Purchase and Install Playground Equipment in Pine Knoll Park—Parks and Recreation Approved i) Approve Agreement to Purchase and Install Picnic Shelter in Pine Knoll Park —Parks and Recreation Approved j) Approve Swim Bus Service Agreement—Parks and Recreation Approved k) Adopt Resolution—Accept Swim Bus Service Donation—Parks and Recreation R17-13 1) Adopt Resolution—Approving Joint Powers Agreement with Dakota County for Household Hazardous Waste Drop-off Day—Municipal Services R18-13 m) Approve Bills Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed Speakers will be given at least three minutes to speak per item.Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report—Natural Resources Information Received 9. AWARD OF CONTRACT a) Adopt Resolution-Award TH3 Sewer Project- Engineering R19-13 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Ordinance—Amending Section 6-4-2 Related to Keeping Animals Within the City and Adding Section 10-6-29 Chickens on Urban Residential Lots -Planning Ord 013-660 b) Adopt Resolution—Approving Solid Waste Truck Bid Award—Municipal Services R20-13 c) 2013 Seal Coat Project-Engineering Information Received 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 3 Adopt Resolution -Accepting Liquor Store Donation to Rambling River Center Memo 5 Resolution 7 Approve Council Minutes (3/4/13 Regular)(3/11/13 Workshop) Regular Minutes 8 Workshop Minutes 14 Approve Joint Powers Agreement Dakota County Household Pharmaceutical Disposal Program Household phar drop box 17 Joint Powers Agreement 18 Approve Temporary On-Sale Liquor License St. Michael's Church Memo 24 Application 25 Adopt Resolution -Approve Gambling Event Permit St. Michael's Church Memo 26 Resolution 27 Approve Job Evaluation (Wage) Study Job Evaluation Study-2013 28 CityofFarmington_Project Letter_11 March2013 (2) 29 City Administrative Policies and Procedures— Review, Changes, and/or Corrections P&P manual 2013 48 Sick Leave Policy-red-lined 49 PTO 50 Approve Promotion - Finance Geise Promotion Memo - 2013 52 Approve Agreement to Purchase and Install Playground Equipment in Pine Knoll Park memo 54 agreement form 56 exhibit A 57 concept plan 58 Approve Agreement to Purchase and Install Picnic Shelter in Pine Knoll Park memo 59 agreement form 61 exhibit A 62 shelter concept plan 63 Approve Swim Bus Service Agreement memo 64 1 agreement form 65 Adopt Resolution Accept Swim Bus Service Donation memo 67 resolution 68 Adopt Resolution -Approving Joint Powers Agreement with Dakota County for Household Hazardous Waste Drop-off Day Memo 69 Resolution 71 Joint Powers Agreement 72 Approve Bills Bills 80 NPDES Phase II Annual Report NPDES Ph II Annual Report 110 LMC Coal Tar-Based Sealant Model Ordinance 111 Adopt Resolution -Award TH-3 Sewer Project Award TH-3 Sewer Project 031813 115 TH-3 East Frontage Road Sanitary Award 031813 117 Ordinance Amending Section 6-4-2 related to Keeping Animals within the City and Adding Section 10-6-29 Chickens on Urban Residential Lots Urban Chicken Ord CCmemo2013 118 Urban Chicken Ordinance2011v2 (4) 120 SummaryOrdinance_2013 124 Permit Process2013 125 Urban Chicken Permit Application2013 126 Renewal Permit Application2013 128 Orndorff email 129 Adopt Resolution -Approving Solid Waste Truck Bid Award Memo 130 Resolution 131 2013 Seal Coat Project 2013 Seal Coating 031813 132 2 otF0/4, , City of Farmington 430 Third Street Farmington,Minnesota N.I 651.280.6800.Fax 651.280.6899 www.cilarmingtonsan.us TO: Mayor and City Council Members FROM: David J. McKnight, City Administrator SUBJECT: Accept a Donation of a Television to the Farmington Liquor Store and Transferring the Television to the Rambling River Center DATE: March 18, 2013 INTRODUCTION • Liquor Operations Manager Blair Peterson will be in attendance at your March 18, 2013 meeting for two purposes. First he will be presenting a new 46"television that the Farmington Liquor Stores received from a vendor to the Rambling River Center. Secondly he will take a few minutes to go over the preliminary 2012 store numbers. DISCUSSION, The Farmington Liquor Stores received a 46" Insignia LCD television from Johnson Brothers for purchasing a certain volume of product. The stores have no need for this television and Blair thought it would be a good idea to donate it to a city department that had a need for one. In checking with a few department heads we found that the Rambling River Center has a need for a television in the Empire Room. We are happy to be able to donate this item to the Rambling River Center to use as a part of the programs they offer. The draft 2012 financials from the liquor stores have been reviewed by city staff. 2012 was a much improved year over 2011. The profit of the two stores was $281,542 before transfers. After transfers, the net profit of the stores is$191,534. The net profit after transfers increased from $17,796 in 2011 to $191,534 in 2012. There are two primary reasons for this increase. We put new leases in place in both stores for all or part of 2012 which helped the bottom line. Staff also believes that the increased traffic at City Center with the Family Fresh grocery store is having a positive impact on our downtown store. There are other reasons as well that Blair may touch on at the meeting. Overall we had a good year in 2012 and are working to keep the liquor stores on solid financial ground. BUDGET IMPACT For information only. 5 ACTION REQUESTED If the City Council is comfortable with our proposal, a motion should be made approving the resolution accepting the donation of the television from Johnson Brothers to the Farmington Liquor Store and the liquor store donating the television to the Rambling River Center. The financial information presented is for informational purposes only. Respectfully submitted, David J. McKnight City Administrator 6 RESOLUTION NO.R -13 A RESOLUTION ACCEPTING A DONATION OF A TELEVISION TO THE FARMINGTON LIQUOR STORE AND TRANSFERING THE TELEVISION TO THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 18th day of March 2013 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS,the Farmington Liquor Stores have received a 46"Insignia LCD television due to the volume of items purchased from Johnson Brothers;and WHEREAS,the liquor stores have no need for the television but would like to transfer it for use at the Rambling River Center. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Farmington,that the city accepts the donation of a 46"Insignia LCD television from Johnson Brothers and transfers the television from the liquor store to the Rambling River Center. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 18th day of March 2013. Mayor Attested to on the day of March 2013. City Administrator SEAL 7 7ce_ COUNCIL MINUTES REGULAR March 4, 2013 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGLANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay, Bonar,Donnelly(arrived 7:03 p.m.), Fogarty Members Absent: None Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Robin Hanson, Finance Director;Randy Distad, Parks and Recreation Director; Cynthia Muller, Executive Assistant Audience: John Kimmel, Debra Kosh 4. APPROVE AGENDA MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Response to Mr.Dick Orndorff A response was sent to Mr. Orndorff regarding his comments at the previous Council meeting. 7. CONSENT AGENDA MOTION by Fogarty, second by Bonar to approve the Consent Agenda as follows: a) Approved Council Minutes(2/19/13 Regular)(2/25/13 Workshop) b) Approved Temporary On-Sale Liquor Licenses VFW-Administration c) Adopted RESOLUTION R14-13 Approving Gambling Event Permit Vermillion River Longbeards-Administration d) Approved Agreement for Portable Toilet Services—Parks and Recreation e) Adopted Facility Rental Fee Waiver Policy—Parks and Recreation f) Received 2012 Annual Report—Fire Department g) Adopted RESOLUTION R15-13 Approving Advertisement and Sale of Rescue Truck—Fire Department h) Approved Bills APIF,MOTION CARRIED. 8. PUBLIC HEARINGS 8 Council Minutes(Regular) March 4,2013 Page 2 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Approve CDBG Agreement Triton Properties,LLC-Planning Mr. Sam Haque, owner of Triton Properties,LLC, is planning to open a business at 705 8th Street,the former Oasis Market. Mr.Haque is requesting a Commercial Rehabilitation Grant. He is required to take care of any code deficiencies before opening a business on this site. Three existing fuel tanks need to be removed and three bids have been received to do this work. At the February 25, 2012,EDA meeting staff noted Mr. Haque was requesting approval of funds for half the bid amount of$14,640,which was not the lowest bid. The EDA recommended approving a grant amount of$6,520 based on half of the lowest bid. Staff researched this further and the low bidder did not include all the work required. Therefore,the$14,640 is the lowest bid, so staff is recommending awarding a grant amount of$7,320. Councilmember Fogarty asked how this program meets the requirements. City Planner Smick replied it is Davis-Bacon wages for this contractor. City Administrator McKnight noted this grant program provides assistance to property owners to prevent deterioration of structures and correct code violations. MOTION by Fogarty, second by Bartholomay to award a Commercial Rehabilitation Grant to Triton Properties, LLC and execute the grant agreement, funding$7,320 in Federal CDBG funds for the purpose of removing three underground tanks from the property at 705 8th Street. APIF,MOTION CARRIED. b) Approve Agreement Rambling River Center Acoustic Improvement Project —Parks and Recreation An issue with echoing has been identified in the banquet room at the Rambling River Center. The current rate of reverberation in the room is 4.9 seconds, with the project it would be reduced to 1.7 seconds. Three bids have been received and the low bid was$5,459 from Midwest Acoustics. They will install 42 sound absorption panels. Additional funds from fundraising programs are available in the Rambling River Center Improvement Fund to cover the cost. After this project there would be$2,500 remaining in the fund. Additional fundraising will be done throughout the year to replenish the fund for any additional projects. Councilmember Bonar asked if they have a working draft of a capital improvement plan. Parks and Recreation Director Distad noted they do have a five-year CIP for the Rambling River Center and will do fundraising for all CIP projects. Mayor Larson thanked the members for their fundraising efforts. MOTION by Fogarty, second by Bartholomay to approve the agreement with Midwest Acoustics for the purchase and installation of the acoustic sound panels in Rambling River Center's Banquet Room and approve paying for this project from the Rambling River Center's Capital Improvement Fund. APIF,MOTION CARRIED. 9 Council Minutes(Regular) March 4,2013 Page 3 c) Presentation 2012 Parks and Recreation Department's Annual Report— Parks and Recreation Parks and Recreation Director Distad presented accomplishments in 2012 for the Parks and Recreation Department. There are currently 10 full time staff and a number of part time seasonal staff. Several projects were accomplished by staff this year rather than contracting out for the work such as building maintenance, parks improvements,trail maintenance and the Veteran's Memorial in Rambling River Park. Staff reviewed recreation registration programs and the Rambling River Center membership. Members of the Parks and Recreation Commission, the Rambling River Center Advisory Board,volunteers and staff were recognized. 11. UNFINISHED BUSINESS a) Amend Ordinance—Modifying Billing Requirements for Utility Bills and Establishment of Rates and Charges for Utility Systems-Finance Utility bills are issued quarterly. In most rental situations the City invoices the tenant for utilities and provides the property owner with a copy of the statement. The City has one staff person responsible for 6,000 utility accounts. This includes 486 rental accounts, 130 of which are in the owner's name, and the remaining 357 are in the tenant's name. Staff spends 30%of their time on rental accounts that are in the tenant's name. There are also additional finance and public works staff servicing these accounts. Staff is proposing to change rental accounts to the owner's name. Letters were sent to owners in January, and 29 comments were received. In addition,three people commented at the February 19, 2013, Council meeting. The main concern was not providing final meter readings when a tenant moves. In response to those concerns, staff is proposing a self-read option,which is free. The owner,tenant, or both would be able to look at the meter to determine the amount of water used. Another option is for the City to read the meter and there would be a$30 charge. In either case,the owner would be responsible for determining the final billing for their tenant. Detailed information for rates is available on the City's website. Utility accounts would be carried in the owner's name and the fee schedule would be amended to include a$30 charge for meter reading when ownership is not changing. This would be effective April 1, 2013. After that date, any new accounts or an account that becomes delinquent would be carried in the owner's name according to the new code. Mayor Larson noted we have cut a lot of staff and have asked them to become more efficient. This is an example of that. Councilmember Fogarty asked for an explanation on the$30 charge. Finance Director Hanson explained the call comes in, staff schedules the meter reading, staff goes out to read the meter, communicates that to utility billing,who in turn has to communicate that in writing to the property owner and put the$30 charge on the account. The process takes about 20—30 minutes of staff time. Councilmember Donnelly asked if staff has obtained information on how other owners currently handle this situation. Staff was concerned with reaching out to owners for this specific situation in case owners would feel the government was checking for non-compliance. Staff does not often have the opportunity to talk to the property owners. Finance Director Hanson has provided follow-up 10 Council Minutes(Regular) March 4,2013 Page 4 information to requests. Both options are in response to those concerns. Councilmember Donnelly noted the fee and instructions are on the website. Mr. John Kimmel, Lakeville, noted if you are already going out to read the meter and doing the other work,why not go the rest of the way and send the final bill. Ms. Debra Kosh, 19973 Dover Ct,owns a rental property. After the last meeting, there was a lot of discrepancy over what the City was doing and what landlords felt was needed. She requested the list of the ten cities that have made this change. Ms. Kosh called all of them and only two out of the ten do not provide fmal meter readings or bills. Only 3%of the cities in the metro are not providing fmal meter readings or bills. All cities provide duplicate bills to the tenant. If you want to bill us as landlords and not tenants,that's fine as that will save a lot of time with billing. However, she felt the City should provide final meter readings and bills. We pay taxes on every house whether it is rental or homestead. It sets a precedent that we are going to treat different groups within the City differently. At some point are we going to start charging more for the homes that have trails, as we have maintenance for them, or City services for bad neighborhoods because the police patrol more,or if emergency services are called, are we going to start charging houses? As a community, if we pay taxes across the board,we should not segment rental properties differently. This proposed change will not have a budget impact,but it will cause a hardship for tenants and landlords. Now the tenants will have to pay an extra$30. The median income for rental tenants in Dakota County is only$38,000/year. They do not have extra income to pay these fees. If we make the change,we are streamlining the process, billing the landlord and not have anymore tenant accounts,why have extra fees charged by the City for a service we already have? There are 60 cities in the metro and only ten have gone to this new billing. She did not have a problem with that, but a duplicate bill does need to be sent to the tenant. Since no other city is not taking a meter reading and not providing a final bill, Farmington should not adopt that either. Mr. John Kimmel, Lakeville, owns two rental properties in Farmington affected by this. He is paying$400/property more in taxes because they are not homesteaded. Farmington is getting more money from landlords already. The letter sent out was vague and states there is no budget impact, and there is a time saving to better utilize other accounts. He asked if something was wrong with the other accounts that more time is needed to service them. Finance Director Hanson replied it would provide more time to do more timely communication, final billings, and account changes. Mr.Kimmel stated when he calls now with a tenant change, someone reads the meter within a few days. He felt staff has everything in place and did not see where the savings is realized. Mr. Kimmel stated they are being asked to estimate water, sewer, storm water, street lights, garbage non-tax, garbage taxable, etc. We are supposed to figure out when one tenant moves out and another moves in and still be fair to the tenant. As far as the$30,you are already going out there,doing the meter reading,what is another two minutes to put it on a piece of paper and put a stamp on it. Tenants are used to having utilities in their name and when they move,transfer utilities out 11 Council Minutes(Regular) March 4,2013 Page 5 of their name. Having a weird bill through e-mail sent four times a year, and the month they move in,there is a magic calculation, does not feel right. We should stick with what we have. Any fees will be passed on to the tenant. Councilmember Bonar stated we do not have any authority over the homesteading of property. Secondly, you purchased the properties with the intent to make a profit in renting them to tenants. Mr.Kimmel stated he did and in selecting the type of properties, he makes sure he can put all the utilities in the tenant's name. He has never been interested in a bigger building with a common area where he has to pay the heat. He would never buy a property where the electricity is one common meter. The tenant should be responsible for what they use. If they want to save money,they will use less; if they don't care,they will use more. Councilmember Bonar asked if a duplicate bill to the tenant resolves most of his concerns. Mr.Kimmel asked if the tenant moves in mid-quarter will you take a meter reading? Mayor Larson stated that defeats the purpose. Councilmember Fogarty asked how time-consuming sending a final bill would be. Finance Director Hanson stated sending a final bill requires staff to open and close the account which is the time consuming part. Mayor Larson stated there was a sample property where there were 11 — 12 changes. Staff stated over seven years there were 11 changes and nine or ten of those were certified. Mayor Larson noted that is what we are trying to streamline. Councilmember Donnelly asked what is the purpose of the bill to the tenant? These ten cities bill the property owner. He did not think the tenant will pay it. Ms. Kosh stated it helps the cities because the tenant gets the bill faster than if we receive it and have to send it on. It saves the landlord from having to re-mail the bill to the tenant. The ten cities have the account with the owner so they do not open and close accounts. The name on the bill would be Current Resident. The lease stipulates the tenant is responsible for the bill. These ten cities currently do this. The landlord calls that someone moved out,the City reads the meter and prepares the bill. Some forward the bill to the tenant's new address and some send the bill to the landlord. Councilmember Donnelly noted staff has said our system does not allow that. Finance Director Hanson noted staff has spent a lot of time with LOGIS on this, and unless you close and open the account you cannot do a final bill. These other cities may be doing estimates on the side. It is not consistent with information we have received from other cities. Some cities charge to send a copy to Current Resident. If we do that,we are not saving any time. Councilmember Fogarty asked if they send out bills electronically. Staff noted that is on the list to research. Not everyone wants e-bills, some want a paper copy and pay online. Mr. Kimmel stated the landlord is always responsible for the bill, otherwise it goes on our taxes. Finance Director Hanson noted we are part of the LOGIS consortium and those are the cities we surveyed. 12 Council Minutes(Regular) March 4,2013 Page 6 Councilmember Bartholomay asked if Hopkins is on the list? Ms. Kosh stated Hopkins is not on the list. Her list contains Hutchinson, Bloomington,New Hope, S. St.Paul, Richfield, Woodbury, Crystal, Coon Rapids, Eden Prairie, and Brooklyn Center. She also called Apple Valley, Rosemount and Lakeville and they are also on the same system. Councilmember Bartholomay noted Hopkins and Prior Lake do what we are proposing. They do not do final bills and send bills to the property owner. Ms.Kosh noted if you call they will do a final meter reading and a bill. Mr.Kimmel stated he has a rental property in Prior Lake and they bill the tenant directly. MOTION by Fogarty, second by Bonar to adopt ORDINANCE 013-659 amending the City Code related to billing regulations and sewer and water rental charges and amend the fee schedule to provide for a$30 water meter reading fee when property ownership is not changing. APIF,MOTION CARRIED. Councilmember Bonar appreciated the debate on this topic, he envisioned this to be the first of a two-step process. He agreed we should be aspiring to electronic billing and looked forward to an update to Council in six months. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Congratulated Taylor Venz, a sophomore at Farmington High School for winning the State Championship in Wresting. She wished good luck to the girls U12A who are headed to state this weekend;they are both district and regional champions in hockey. She urged residents to adopt a fire hydrant. Mayor Larson: Encouraged residents to shop local and support Farmington businesses. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:10 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 13 Council Workshop Minutes March 11,2013 Mayor Larson called the workshop to order at 6:30 p.m. Present: Larson,Bartholomay,Bonar, Fogarty Absent: Donnelly Also Present: David McKnight, City Administrator;Robin Hanson, Finance Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer;Cynthia Muller, Executive Assistant MOTION by Bartholomay, second by Bonar to approve the agenda. APIF,MOTION CARRIED. 2010 Ice Arena Bonds There is$111,744.65 remaining from the 2010 arena project. The money needs to be spent on qualifying projects. Parks and Recreation Director Distad presented seven projects totaling $165,525.11 for the arena. Council reached a consensus to do the following projects: -Replace heating system for bleacher area -Replace locker room 5 and 6 furnace -Removing existing dehumidification system and purchase and install new dessicant dehumidification system These three items are $500 over the amount. Staff will bring each of these items back with an agreement for approval. The carbon monoxide air quality electronic monitoring device could be included in the 2014 budget. A discussion was held regarding summer ice. Staff noted it would be beneficial to have summer ice late in the summer so it would not have to be removed before winter. Council agreed that we should determine when summer ice will be available so groups can schedule accordingly. Councilmember Bartholomay clarified Ice for Tigers was considering installing a dehumidification system in the second sheet of ice. This item is still needed for the current arena. Councilmember Fogarty would prioritize replacing the east and west entry metal awnings over the carbon monoxide device, as we have the means now to check for carbon monoxide. Goal Setting City Administrator McKnight summarized previous discussions into ten groups. The most important is financial and the second is capital equipment. 14 Council Workshop Minutes March 11,2013 Page 2 Council needed to determine if they will be willing to increase the levy next year. If so,then goal setting discussions would continue. A$125,000 increase on the City levy for 2014 would have an impact of$6.50 up to$25.00 on nine sample homestead, residential properties. Commercial values for 2014 will be available in a couple months. Council agreed they will need to increase the levy for 2014. City Engineer Schorzman reviewed examples of bonding for some road CIP expenditures and levy for the rest and also an option of bonding for all road CIP expenditures. The projected costs do not include assessments because we don't know what our ability will be to assess in the future and there is a shift to get away from assessments. Economic Development—In 2009 the next area for industrial development was north of hwy 50 and west of Pilot Knob Road. The planning, visioning, zoning for Vermillion River Crossings was discussed. Any and all proposals should be considered. It was determined that City Administrator McKnight should meet with Dale Severson,broker for VRC to discuss whether the current plans are still what is needed for that area, and that we are open to any proposals. Regarding industrial development,Mayor Larson asked that staff talk to the property owners to determine if they are willing to sell when the time comes. If not,then there is nothing we can do. Council suggested starting development at Fairgreen Avenue. Water runs along hwy 50, and sewer lines come off Pilot Knob Road. We could run the sewer trunk line along the ditch and go north. Councilmember Bonar suggested running short stubs at 208th Street and Pilot Knob and Fairgreen;begin with the basics. City Engineer Schorzman suggested talking to the land owners south of hwy 50,where Pilot Knob would extend south. Staff would also look at the comp plan for that area. Mayor Larson's main goal was to fill up VRC. City Administrator McKnight stated the EDA will receive$50,000 when taxes are received to either let build up over time or to fund business incentive programs. City Facilities—Staff will continue to work with the County on the Library using City Hall space during their renovations. Council would like to see more income and more users for the Rambling River Center. It was suggested to include a teen center and make it feel more like a community center. We are almost cost prohibitive for having banquets there because of the high rental cost. It was also suggested to make it more multi-generational and broaden the base of the Rambling River Center. We could explore branding opportunities with local businesses so it could be used for social functions, and also Sunday use for churches. We need to determine how much we can use the building;can it be used 12 hours/day, six days a week. The rooms that could be open would be the library, banquet room, and meeting rooms. It was noted that there are meetings held there in the evenings. Pool—This will be brought to the Parks and Recreation Commission for discussion. Liquor Stores—Staff is proposing two goals for 2013: -That the gross profits as a percentage of sales is 25%. -That net profits as a percentage of sales is 6.5%. 15 Council Workshop Minutes March 11,2013 Page 3 In 2012 we had a gross profit of$1.1 million or 25.1%. The net profit for 2012 was$281,542 or 6.4%. Without the$90,000 in transfers we had$190,000 in bottom line profit for 2012. In 2012 we transferred$70,007 to the City for operations. In 2013 we changed the transfer amount to $50,000. The second transfer was a$20,000 transfer to the pool. In 2012 there was a$90,000 transfer; in 2013 there is a$50,000 transfer for City operations and a potential$20,000 transfer to somewhere that may need assistance. There will be four pots of money set up in the liquor fund. Councilmember Fogarty felt that pot four—community transfers should go to park and rec. Pot three is for future capital needs and Council agreed it is necessary to build up the fund. The current leases are for 4.5 years and 4 years. Staff has received a recommendation to build rather than lease and to not have more than 50%debt. City Council/Communication—Council decided we could do our own performance measures rather than use the Office of the State Auditor. The next step is to set the goals, measurements, and report to the public. Council needs to set the goals. Staff's goals will support Council's goals. One place staff will enhance is the fmancial part. Council would like to see the financial impacts of the goals to get a better idea of how to set up the CIP. Council would like to see the CIP funded and lay out a plan for future Councils. The plan would change throughout the years, but it would be funded. Any direction with goals will also help with how money is invested. There is a cost to not deciding, because money has to be invested short term so it is available when needed. City Administrator McKnight will bring back the groups with goals proposed and a timeline along with rough estimates for the 2014 levy. MOTION by Fogarty, second by Bartholomay to adjourn at 8:09 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 16 7, 4011030-4, City of Farmington ;,v 430 Third Street ->1Farmington,Minnesota 651.280.6800•Fax 651.280.6899 wW ci.tarmmgtun.mn.ur TO: Mayor, Councilmembers and City Administrator FROM: Brian A. Lindquist, Police Chief SUBJECT: Approve Joint Powers Agreement Dakota County Household Pharmaceutical Disposal Program DATE: March 18, 2013 INTRODUCTION The Farmington Police Department, working in conjunction with Dakota County will provide a safe and secure avenue for residents to dispose of pharmaceuticals. DISCUSSION Over the past few years, abuse of pharmaceuticals and their proper disposal have become a wide spread problem. The Farmington Police Department, in cooperation with Dakota County and other Dakota County Law Enforcement agencies, have implemented a county wide initiative to reduce pharmaceutical abuse and accidental ingestion. A specially designed receptacle will be placed in the lobby of the police department and used for disposal of unwanted, old or expired pharmaceuticals. BUDGET IMPACT There is no cost for the equipment and regularly scheduled officers will carry out the disposal of the pharmaceutical products. ACTION REQUESTED Approve the attached Joint Powers Agreement with Dakota County for the Pharmaceutical Drug Disposal Program. Respectfully submitted, Brian A.Lindquist Chief of Police 17 Dakota County Contract#C0024589 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FARMINGTON FOR PHARMACEUTICAL DRUG DISPOSAL PROGRAM WHEREAS,Minn. Stat. §471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS,Dakota County("County")and the City of Farmington ("City")are political subdivisions of the State of Minnesota;and WHEREAS,the nonmedical use of and disposal of prescription drugs are growing problems in the United States; and WHEREAS,expired or unwanted prescriptions or over-the-counter medications from households have traditionally been disposed of by flushing them down the toilet or drain which can cause pollution in wastewater and which has been demonstrated to cause adverse effects to fish and other aquatic life; and WHEREAS,prescription drugs are highly susceptible to diversion, misuse and abuse; and WHEREAS,according to the 2009 National Survey on Drug Use and Health, more Americans currently abuse prescription drugs than the number of those using cocaine, hallucinogens, and heroin combined; and WHEREAS,studies show that people who abuse prescription drugs often obtain them from family and friends, including from the home medicine cabinet; and WHEREAS,medications are also a significant cause of accidental poisoning and death; and WHEREAS,removing expired or unwanted prescriptions or over-the-counter medications(collectively referred to herein as"pharmaceutical drugs")from the possibility of potential abuse and keeping them out of the environment is an important goal; and WHEREAS,the City desires to establish a pharmaceutical drug disposal program to facilitate the collection and proper disposal of unused, unwanted, or expired pharmaceutical drugs, including controlled substances-("Program")and the County desires to provide assistance for the Program. NOW,THEREFORE, in consideration of the mutual promises and benefits that the-County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 • PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of the Program. SECTION 2 PARTIES The parties to this Agreement are Dakota County, Minnesota("County")and the City of Farmington, Minnesota("City"). • SECTION 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31,2015, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 OBLIGATIONS OF THE PARTIES 5.1 RESPONSIBILITIES OF THE PARTIES. A. Program Approval and Reporting Requirements. • The City shall obtain any necessary approvals from the Minnesota Pollution Control Agency ("MPCA")for conducting the Program, including obtaining a hazardous waste generator number if necessary. • In accordance with federal law,the City shall obtain any necessary approvals from the U.S. Drug Enforcement Administration Program("DEA")for conducting the Program. • The City shall obtain any necessary approvals from the Minnesota Board of Pharmacy("MBP") for conducting the Program. • The City is responsible for generating and filing any necessary reports with the MPCA,the DEA, and the MBP, or with any other local,state, or federal government or agency as required by any applicable law, statute, ordinance, rule or regulation. B. Drop Box. • The City will install a drop box in a secure location at the City's Police Department.The costs associated with installing the drop box shall be the responsibility of the City. • If requested by the City, the County, through its Communications Department and Sheriffs Office, will provide signage for the drop box consistent with signage provided by the County to other cities participating in the Program. • The City shall be responsible for the maintenance of the drop box and the costs thereof. C. Collection,Monitoring and Transportation to Dakota County Drug Task Force. • The drop box must be monitored by licensed peace officers employed by the City. • The City, through the use of its licensed peace officers, is responsible for collecting and packaging pharmaceutical drugs collected in the drop box. The packaging must be of a type that is appropriate for the waste and will be accepted by the incinerator selected by the County pursuant to Section 5.1(E) of this Agreement. • The costs associated with monitoring the drop box and collecting/packaging/storing the collected pharmaceutical drugs shall be the responsibility of the City. • After removing the collected pharmaceutical drugs from the drop box, licensed peace officers of the City's Police Department shall store the collected pharmaceutical drugs in a secure location at the police department until the pharmaceutical drugs are either properly disposed of or transferred to the Dakota County Drug Task Force for disposal. • The City, through the use of licensed peace officers employed by the City, is responsible for transporting the collected pharmaceutical drugs to the Dakota County Drug Task Force to relinquish the collected pharmaceutical drugs for the purpose of disposal. The City shall be responsible for the costs associated with said transportation. Prior to relinquishing possession of the collected pharmaceutical drugs,the City shall record the weight of the pharmaceuticals and 2 the number of containers given to the Dakota County Drug Task Force and shall report this information to the County's liaison. • The County and the City will develop a mutually agreed upon chain of custody process to document the transfer and disposal of containers of collected pharmaceutical drugs. D. Collection and Disposal of Unacceptable Wastes. • The following wastes will not be accepted for collection in the drop box: sharps;thermometers; cancer medications(chemotherapy or radioactive pharmaceutical wastes); and medical waste or items contaminated with bodily fluids(e.g., bandaging, empty IV bags, etc.). • If any such unacceptable wastes or other hazardous material are collected in the drop box,the City is responsible for managing these wastes by removing them from the drop box and packaging them in appropriate containers. • The City shall be responsible for bringing sharps,thermometers and cancer medications to the Dakota County Recycling Zone, 3365 Dodd Rd, Eagan, or to another mutually agreed upon location. The County, at County expense,will properly dispose of these unacceptable wastes. Medical waste or items contaminated with bodily fluids(e.g., bandaging, empty IV bags, etc.)will not be accepted at the Dakota County Recycling Zone and the City shall be responsible for the management of any such waste, including the disposal thereof. • The City shall be responsible for the management of any trash (e.g., cans, bottles, paper bags, etc.)collected in the drop box, including the disposal thereof. E. Disposal of Collected Pharmaceutical Drugs. • The County, through the Dakota County Sheriff's Office,shall be responsible for transporting the pharmaceutical drugs for disposal. The County shall be responsible for the costs associated with said transportation. • The final method of disposal will be by incineration at a licensed/permitted incinerator within the State of Minnesota. The County,through its Environmental Management Department, shall select and execute a contract with the disposal facility(ies)for the disposal of the collected pharmaceutical drugs. • During each calendar year of the term of this Agreement, the County shall pay for the costs of disposing the pharmaceutical drugs at the selected incinerator(s); however, said disposal costs are limited to a cumulative amount of$15,000 each calendar year for all cities participating in the Program through separate joint powers agreements with the County. F. Training. • The County,through its Environmental Management Department and Sheriffs Office,will provide training to City employees on managing pharmaceutical wastes, as agreed to between the Director of the Environmental Management Department and the City's liaison. G. Program Promotion and Acknowledgment. • The City is responsible for local promotion of the Program. • The County and City shall appropriately acknowledge each other in any promotional materials, signage, reports, publications, notices, and presentations relating to the Program. This section shall survive the expiration or termination of this Agreement. 5.2 COSTS OF EMPLOYEES. In carrying out their respective obligations under this Agreement, each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 5.3 COMPLIANCE WITH LAWS/STANDARDS. The City and County shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations in conducting the Program. 3 SECTION 6 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 7 AUTHORIZED REPRESENTATIVES AND LIAISONS 7.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Kathleen A. Gaylord or successor, Chair Dakota County Board of Commissioners Administration Center 1590 Hwy. 55 Hastings, MN 55033 TO THE CITY: Todd Larson or successor, Mayor City of Farmington 430 Third St. Farmington, MN 55024 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 7.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison City Liaison Sheriff David Bellows Brian Lindquist, Chief of Police Telephone: (651)438-4710 Telephone: (651)280-6700 Email:dave.bellows @co.dakota.mn.us Email: biindquist@ci.farmington.mn.us SECTION 8 TERMINATION 8.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving 45 days'written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement 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 Agreement prior to the effective date of termination. 8.2 TERMINATION FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either party may immediately terminate this Agreement if it does not obtain funding from the 4 • Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the terminating party to the other party by facsimile is sufficient notice under this section. The terminating party is not obligated to pay for any services that are provided after written notice of termination for lack of funding. Neither party will be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 9 GENERAL PROVISIONS 9.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 9.2 EXCUSED DEFAULT—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. 9.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately,and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 9.4 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 9.5 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 9.6 MERGER. This Agreement 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. 9.7 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. • • 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)indicated below. APPROVED AS TO FORM: DAKOTA COUNTY Q,tGve„�,t • o,,,,.2 I/a 31. 613 By A sistant County Atto ney/Date Kathleen A. Gaylord, Chair KS-12-130-003 Dakota County Board of Commissioners County Board Res. No. 13- Date of Signature: CITY OF FARMINGTON By '��-- Tog Larson, Mayor Date of Signature: 3,4'74'3 By (DieLl—t-': �1° Jlwd /C, .i , City Clerk Date of Signature: ,g,17-?C+42 • 6 2c, AE 14� City of Farmington 430 Third Street Farmington,Minnesota �° 651.280.6400.Fax 651.280.6899 %r,A vim' + www.c1iarmingt+m.mn.ur TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Temporary On-Sale Liquor License—St.Michael's Church DATE: March 18, 2013 INTRODUCTION St. Michael's Church is requesting a Temporary On-Sale Liquor License for their Spring Festival. DISCUSSION St. Michael's Church is requesting a Temporary On-Sale Liquor License for their Spring Festival to be held on May 1, 2013, at 22120 Denmark Avenue. Per State Statute, a Temporary On-Sale Liquor License must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore,the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REOUESTED Approve the attached application for a Temporary On-Sale Liquor License for St.Michael's Church for their Spring Festival on May 1, 2013. Respectfully submitted, Cynthia Muller Executive Assistant 24 :iY tor, - 1 �VSjrE Minnesota Department of Public Safety fry,:t:, "l� ALCOHOL AND GAMBLING ENFORCITI�O ! ;� �; '° �t 444 Cedar Street Suite 222 St,Paul MN 55101-x33 k, " (651)2017507 Fax(651)297-5259 TTY(651)2824555 WWW.DPS.STATE,MN.US APPLICATION AND PERMIT FORA 1 TO 4 DAY TEMPORARY ON-SALE LIQLIOR.LUC1IME TYPE OR PRINT INFORMATION , NAME OF ORGANIZATION DATE ORGANIZED TAXIMIPTIIIIIMBER e ' r�..i'R ', A /tea- E ..#/3e STREET ADDRESS CITY STAME I ZIP CODE °IA J I) h F-, , .4iltz: T ombiq i Al ir 15-' OFPERSONM G}APPLICAT[ON ROSINESS ..�2E 1 1`ZOME DATES LIQUOR WIIL BE SOLD er ie` j,J TYPE OF ORGAtIIZA i1OW ORGANIZATION OFFICERS NAME ADDRESS y-�pj rt2A Aty- .b(hlnas `ion as,51i 414/ale)2)eit+a A.r g !444f6' ORO TIONOFFICRR'SNAME t ADDRESS ealetfi NW ' e1531) Wooded$. 2d Se PgagC t NW ' ORGANIZAT[ON OFFICER'S NAME ADDRESS • Iooallon license will be used, If an outdoor area,describe . C.a I Ate' . , 5/,ca GAL ,e/4,2/... • Will the applicant centred far intoxicating liquor service? If so,give the name and address Witte liquor E prevldbtgthe service. t) Will the applicant ca ny liquo liablik stance?Ifso,please provide the'carrier's name and sonnunt,fs o verage. . APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO sne01101,&GAMBLING ENPORCEMD+NT CITY/COUNTY DATE APPROVED CITY FEB AMOUNT LICENSE DATES, DATE PEE PAID SIGNATURE CrWCLERICORCOUNTY ILIPPICIAL APPROVED DIRECTOR AIR7oH{9L.119DGAIIS ,IIi GENRORC> NOTE:Submit this form to the city or county 30 days prior to event,b'orrvard application signed bytellyiandhu eouatyto the address above If the application it approved the Alcohol and Gambling EaiorcementDivitton will return this tlOnfotrosis ell as Gal Acems for lite event PS-09079(12109) 25 7c/ j E1 City of Farmington 430 Third Street Farmington,Minncsota 651.280.6800•Fax 651.280.6899 www.ciArmingL4 n.mnAti TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller Executive Assistant SUBJECT: Gambling Event Permit—St. Michael's Church DATE: March 18, 2013 INTRODUCTION St. Michael's Church is requesting a Gambling Event Permit for their Spring and Fall Festivals. DISCUSSION 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. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2013 budget. ACTION REQUESTED Consider the attached resolution granting a Gambling Event Permit to St.Michael's Church,to be held at 22120 Denmark Avenue, on May 1 and September 14-15, 2013. Respectfully submitted, Cynthia Muller Executive Assistant 26 RESOLUTION NO. R16-13 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ST.MICHAEL'S CHURCH 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 18th day of March 2013 at 7:00 p.m. Members Present: Larson,Bartholomay, Bonar,Fogarty Members Absent: Donnelly Member Fogarty introduced and Member Bonar 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,St.Michael's Church has submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark Avenue,on May 1 and September 14-15,2013,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for St. Michael's Church,to be held at 22120 Denmark Avenue,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of March 2013. ayor Attested to the /941 day of March 2013. Administr- SEAL g f City of Farmington kl t .4 430 Third Street sly Farmington,Minnesota 651.280.6800•Fax 651.280.61599 www.Ciram neton.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Job Evaluation(Wage) Study DATE: March 18, 2013 INTRODUCTION This memorandum provides information regarding conducting a job evaluation(wage) study. DISCUSSION The City has recognized the need to conduct a job evaluation study to ensure that positions are accurately evaluated and classified,to compare positions to the external market and to internal equity, and to comply with State and Federal laws(FLSA, Pay Equity, etc.). Fox Lawson&Associates has worked with the City on a number of compensation matters and the City is satisfied with the service and job evaluation system they provide. Utilizing Fox Lawson&Associates for this project will allow us to continue using our current job evaluation system (the Decision BandTM Method) and to work with a consultant who is already familiar with our organization and pay structure. These factors help to minimize the cost of this project. The total cost of this project will not exceed$22,000.00 which falls within the estimation of$15,000.00 to $30,000.00 previously provided to Council. The reason this project is quoted with a not to exceed amount is due to the fact that some areas of the project may not be as labor intensive as anticipated. Staff will make every effort to control costs while ensuring a high quality result. Attached is a copy of the quote and tentative work plan from Fox Lawson and Associates. BUDGET IMPACT The cost of this project will be paid for out of the fund balance in the Employee Expense fund. ACTION REOUESTED Approve the Job Evaluation Study to be conducted by Fox Lawson and Associates. Respectfully submitted, Brenda Wendlandt Human Resources Director cc: File 28 P.O.Box 32985 :;;`;/ Fox Lawson &Associates Phoenix,AZ 85064-2985 a Division of Gallagher Benefit Services,Inc. Phone 602-840-1070 Fax 602-840.1071 Compensation and Human Resources Specialists www.foxlawson.com March 11, 2013 Brenda Wendlandt Director of Human Resources City of Farmington 430 Third Street Farmington, MN 55024 Job Evaluation Study Proposal Dear Brenda: In response to your request, Fox Lawson &Associates,a Division of Gallagher Benefit Services, Inc. (FLA) a publically traded corporation organized in the state of Delaware, is pleased to submit our proposal to assist the City of Farmington (City) in the evaluation of current job descriptions and market analysis to develop an updated step based salary structure. We believe a review of our proposal will demonstrate several characteristics that will be advantageous to the City, including: • We have extensive experience in working with clients to ensure and comply with pay equity,as evidenced by our 25 year experience assisting government clients throughout Minnesota including ongoing job evaluation assistance for the City of Farmington,and additional Minnesota cities: Eden Prairie, Fergus Falls, Rochester, North Field,Thief River Falls,and many more. • Our people are proven,experienced compensation professionals. Each has attained,or is working towards,the CCP (Certified Compensation Professional) designation from WorldatWork,the IPMA-CP(Certified Professional)designation from the International Public Management Association for Human Resources, and specialized degrees in HR Management/Industrial Relations. • Our firm's smaller organizational structure and managing director interaction allow our firm to provide the City with senior level consultants who have the experience to guide you through this assignment to a successful conclusion.We believe that your needs deserve the talent and experience that our senior level personnel can bring to your project. • We take the time to understand your needs and our managing directors and consultants are available to lead you in all phases of the project. ® We have the technical experience to critically assess your current system and design a compensation system that meets your needs. 29 Based on what we know about your needs,we have designed a flexible approach to achieve your objectives. Nothing is overlooked and all elements critical to the success of the project are included; this will add credibility to the study and help to target the flexibility you need to operate in today's economic environment. We applaud your efforts to review the internal equity and pay equity of the City positions at this time. While we are flexible and open to modifications to the proposed work plans,our approach is tailored to your requirements and designed to achieve your objectives for this project. We are enthused about working with you and are prepared to begin work at your instruction. We look forward to developing a detailed schedule for the project to address your needs as soon as possible. Should you require any further information or have questions regarding our proposal, please contact me at 651- 635-0976,extension 6 or mike_verdoorn @ajg.com Company Name Fox Lawson &Associates,a division of Gallagher Benefit Services, Inc. Contact Person Mike Verdoorn Business Address 1335 County Road D Circle East St. Paul, MN 55109 Telephone Number 651-635-0976,extension 6 Fax Number 651-635-0980 Email Address mike_verdoorn @foxlawson.com Sincerely, Mike Verdoorn Senior Consultant 30 APPROACH AND WORK PLAN UNDERSTANDING OF NEEDS ® Review existing and/or updated job descriptions to verify or revise their DBM evaluation to including verifying exempt and non-exempt status and/or making other recommendations to ensure compliance with FLSA and Pay Equity. -We will complete this in Phase II of the project plan. • Provide a wage/labor market analysis using already existing market data from published sources. This includes meeting with the City's labor management committee for input on appropriate comparable cities and a discussion of the process. -We will complete this in Phase Ill of the project plan. • Using the market data analysis, development of a pay structure using a Step system that assures internal and external equity;and compliance with the State Pay Equity Compensation Standards. -We will complete this in Phase Ill of the project plan and finalize in Phase IV. • Provide recommendations regarding a transition and implementation plan. -We will complete this in Phase IV of the project plan 31 DETAILED WORKPLAN Phase I: Project Initiation and Planning It is important that the City take this time when conducting a new study to review the current strategy, no mater the scope of the study,to ensure it still meets the City's needs. In Phase I,we will review and confirm the City's current compensation philosophy and strategy,which will serve as a guide for the remainder of the study. Most of the initial phase of the study will occur on-site with the City. In summary,we will perform the following: ACTIVITY' FLA RESPONSIBILITIES Compensation ® We will review the City's current compensation philosophy and, Philosophy Review& in discussions with City officials, update it based upon the City's Development human resources strategy, or we will assist the City in developing a compensation strategy if one is currently not in use. ® We will provide sample communications that can be distributed Communications and to employees to inform them of the study and can assist in Employee Meetings eliminating any anxiety employees may have regarding the study. ® We would also hold employee meetings to introduce employees to the purpose and objectives of the study,and ensure consistent communication and feedback are provided to employees. The City may wish to record one of the sessions so that additional sessions can be held for employees who are unable to attend one of the initial meetings. 32 Phase II:Job Evaluation Study The purpose of job evaluation is to establish the internal worth of all job classes. The basic premise of job evaluation dictates that the more a job is valued internally,the more it should be compensated. Furthermore,it is a valuable tool for slotting classifications into appropriate salary grades when market data are not available for certain classifications, or for classifications that are not benchmarked. We will evaluate the current job descriptions with the Decision Band"' Method. We will review the internal job evaluation hierarchy with the City and modify it as required. The City will be responsible for reviewing and approving the recommended job evaluations. ACTIVITY FLA RESPONSIBILITIES Evaluate Jobs • FLA will apply the Decision Bane' Method to the City's jobs. Approval • FLA will discuss the internal hierarchy that is created within the City and modify and finalize the job evaluations as appropriate. • FLA will run a preliminary State of Minnesota Local Government Pay Equity Act Compliance Report utilizing new job evaluation points. Documentation and • We will provide the City with training and a job evaluation Training handbook that explains the purpose of job evaluation,as well as all the definitions,forms, processes,and procedures of applying the job evaluation methodology. • FLA will provide the City with a report that can be used to inform employees of the evaluations. 33 Phase III:Compensation Study The purpose of the compensation study is to ensure that your pay structure is competitive with the relevant labor markets. We will work with you to identify benchmark organizations, not just based on population, and job classifications on which to collect comparable market salary data. We will collect public and private sector market data from published data sources in order to save costs and time for the City, and to provide a representation of the private market. This will assure accurate and valid private sector data is utilized in a cost efficient manner.We will collect data from the League of Minnesota Cities database to provide comparisons against the defined market, as wells other available published data sources including Trusight,Stanton,Towers Watson, Mercer,and other salary surveys that we have available in our library. FLA abides by WorldatWork guidelines in the collection and analysis of pay and benefits data. In order to encourage responses from organizations,we pledge that data provided will be treated as confidential and that only summary or aggregate results will be made public. Consequently,specific responses identified by participants will not be provided to the City. This policy abides by the guidelines set forth by the Department of Justice and the Federal Trade Commission in regards to the sharing of salary data. One other item of significance is the number of organizations to be included in the survey. Guidelines established by the US Department of Justice and the Federal Trade Commission regarding the conduct of salary surveys relative to the Sherman Anti-Trust Act,we must have at least five data points for each job in order to use the data for purposes of drawing conclusions relative to market value. Consequently,the number of survey participants becomes a critical element in determining if the survey will meet applicable Federal guidelines. We will analyze the market data using standard analytical tools such as regression analysis. In addition,we will integrate the job evaluation results with the labor market survey analysis to develop a classification and salary structure that reflects the proper balance of internal and external equity. During this phase,the City will be responsible for assisting FLA in selecting organizations to survey and benchmark jobs to include in the survey. In summary,we will perform the following: 34 ACTIVITY FLA RESPONSIBILITIES'; Define Labor Market ® We will work with you and select 10- 15 organizations to survey within the City's defined recruitment market. ® When determining organizations to include in the survey, major considerations are size,geographic location,and economic conditions. If appropriate,the organizations will vary based on the level of job surveyed (i.e.different jobs have different recruiting markets). Select Benchmark Jobs ® We will attempt to match as many City positions as possible to the labor market to provide as robust market data population as possible. ® Benchmark jobs should be representative of the level of responsibility throughout the City;jobs found in most organizations, or those jobs for which the City is experiencing recruitment or retention problems. Collect Data ® We will collect market data from the identified sources to represent both the public and private sector labor markets,as described in the summary. Determine FLA will analyze the current pay with the market to determine if Competitive Nature the City leads, matches, or lags the market in terms of both compensation and benefits based on the City's philosophy. Update Structure/ ® We will utilize the job evaluation results and market pay results Develop New to develop a new compensation structure(or structures)that Structure will work with pay for performance programs(if desired) or update the existing structures;whichever is appropriate and according to the pay strategy. We will allocate each person the correct job title and each job title to the correct grade. ® We will develop the structures with standard compensation analytical tools,such as regression analysis,expanding range spreads,and other tools as appropriate to prevent pay compression, inequities,and other problems commonly 35 ACTIVITY. FLA RESPONSIBILITIES associated with salary structures. The structures will be designed to accommodate pay for performance, if desired. Transition • FLA will discuss with the City how it can transition from the existing system to the updated system. Considerations will be given to budget constraints and current personnel practices. It is our intention to retain and,where practical and feasible, expand on those areas of the current program that meet the objectives set forth by the City. ® FLA will calculate the cost for up to three(3)transition options. Compensation • We will provide the City with compensation guidelines that Guidelines describe how to administer the new compensation system. The compensation guidelines will address issues such as fundamentals of compensation systems, how to grant employee increases, how to deal with promotions,transfers and demotions,and other administrative issues. 36 Phase IV: Submit Final Report We will prepare a summary of the processes used to conduct the study and the related findings and recommendations. The City will then review and discuss the report with FLA. Based on these discussions, FLA will update and finalize the report. We will present the final report to the City Council,administration,and general employees, as is appropriate. We will also develop a transition program to implement the new system. FLA will provide the City with an executive summary that will apprise employees of the study process, results, and recommendations. We have found that the executive summary is instrumental to employees' understanding and acceptance of the project. In summary,we will perform the following: r e, � t ,yam, • AcN[TY FLA RESPONSIBILITIES Draft Report At a minimum,the draft report will include: 1. Results of the job evaluation and compensation study. 2. New job descriptions with FLSA and ADA information(if completed). 3. Recommendations of how to transition from the current system to the new system, including employee communication methods. 4. New salary structure. 5. Recommendations on a process to update and keep the system current. Final Report Based on the City's review and recommended changes, FLA will finalize the draft report and an appropriate number of copies will be sent to the City. ® We will present the findings and recommendations to the City Council,administrators,and general employees. This will allow all parties an opportunity to ask questions and have a complete understanding of the project. We will follow-up at the end of Phase IV with a client satisfaction survey to ensure we have addressed your needs and to validate our performance. 37 STUDY SCHEDULE We are prepared to commence the work within two weeks of receiving your authorization to proceed. Below is a conservative schedule to allow for ample discussion and review. In today's world,speed is very important. However,given the significance of this project, it is just as important for City officials,administrators,and employees to have sufficient time to review and approve the recommendations of Fox Lawson &Associates and to ensure proper communications occur. The following is an estimate to complete each phase by month. We will discuss the details of each phase during Phase I and identify specific deadlines for the project at that time. We will conduct frequent conference calls with the City and FLA to ensure that the schedule is monitored throughout the project. PHASE DESCRIPTION t Phase I: Project Initiation and Planning Phase II: Job Evaluation Study Phase III: Compensation Study Phase IV: Final Report 38 FEE QUOTATION Our fees to conduct the classification and compensation study outlined above (including out-of- pocket expenses)will not exceed $22,000, if the most expensive and complete option is selected. Phase Fees. Phase I: Project Initiation and Planning $1,500 Phase II: Job Evaluation Study $5,000 Phase III: Compensation Study $12,000 Phase IV: Submit Final Report $3,500 TOTAL COST(including all Tasks): 522,000 Our study costs are directly derived from estimating the number of hours needed to perform the work and the level of the consultant charged with performing the work. Fox Lawson typically bills on a monthly basis up to the maximum of each deliverable. All expenses are included in this quote. These fees do not include review of evaluation appeals($350/appeal). For work beyond that specified in this proposal,additional fees and out of pocket expenses will be involved. We are available for discussion if the study requires additional services beyond the scope contained in the proposal. In addition,we would be pleased to discuss other alternatives that involve your staff to a greater degree in the conduct of the work plan with associated cost savings. Our proposal is valid for 90 days. 39 SUMMARY We believe we are highly qualified to assist you in conducting this sensitive and critical study. We have performed studies with these identical specifications for all sizes of City organizations. Our commitment to counties,as well as the public sector in general, is well established and we encourage you to contact other organizations that the members of our firm are currently assisting or have recently assisted. We pride ourselves on offering our clients a level of customer service and quality work product that exceeds our competitors. While we are flexible and open to modifications to the proposed work plan should we have over or underestimated your needs,we believe our approach is tailored to your requirements and we will be able to achieve your objectives for this project. Our clients will attest to our ability to: ® Manage complex classification,compensation,and change assignments. ® Work with you as a team—we serve as mentors and technical experts to make sure things go right. ® Deliver projects that meet the individual and unique needs of our clients for the future;we don't simply reorganize what you already have. ® Meet project timelines and budgets. 40 REFERENCES Our Managing Directors and staff have assisted several hundred public sector clients. These projects have included from less than one hundred,to thousands of employees. Below is a sampling of clients we have assisted with similar needs,as well as additional clients in Minnesota. Contact information is listed for each project,and any of these organizations can be contacted for references. These projects are relevant in demonstrating our ability to meet the needs of the City and show considerable experience developing classification and compensation systems for municipal governments. Our references will attest to the timeliness,quality and responsiveness of services we provide, as well as our knowledge of legal issues such as the ADA, EEO,and the FLSA,the classifications under study,and our skill and ability in working with organizations of your size and needs. CITY OF ROCHESTER,MN We have been engaged to conduct a job evaluation and market assessment of all jobs in this city using the Decision BandTM Method. Linda Hillenbrand, Director of Human Resources,507-328-2561. BLUE EARTH COUNTY,MN We initially conducted a job evaluation study for this county in 1985 when the MPEA was passed. We have used the Decision Band'' Method to maintain their system since that time, by evaluating new and changed jobs as they occur. Patti Ziemke,Assistant to the County Administrator,507-389-8235. OLMSTED COUNTY,MN We originally performed a pay equity study for this county, by conducting a job analysis,job descriptions and job evaluation. Subsequently,we have reviewed job families and various jobs to maintain the system using the Decision Band"' Method. Dale Ignatius,Assistant Director of Human Resources,507-285-8333. OTTER TAIL COUNTY,MN We conducted a classification and compensation study for this county after the Riley, Dettman and Kelsey firm disbanded before they could finish the project. The study involved employee questionnaires,job descriptions,job evaluation and a market study of compensation. Karen Lundin, Director of Human Resources, 218-998-8066. NICOLLET COUNTY,MN We conducted a classification and compensation study for this county of approximately 250 employees and 110 job descriptions. The study involved updated job descriptions,job evaluation and a market study of compensation. Jamie Haefner, Human Resources Director,507-934-0443. 41 Additional Minnesota Clients: State Organizations • Region 8 Welfare Department • Region 9 Development Commission • State of Minnesota Economic Security • State of Minnesota Supreme Court Cities • City of Apple Valley • City of Arlington • City of Barnesville • City of Eden Prairie • City of Farmington • City of Fergus Falls • City of Jackson • City of North Branch • City of Northfield • City of Plymouth • City of Rochester • City of Shakopee • City of Thief River Falls • City of Windom Counties • Becker County • Blue Earth County • Carver County • Clay County • Crow Wing County • Dakota County • Dodge County • Dodge Soil &Water Conservation • Faribault County • Freeborn County • Hennepin County Medical Center • Hennepin County- Minneapolis • Houston County • Itasca County • Kandiyohi County • Kittson County • LeSueur County • Marshall County • Mille Lacs County • Mille Lacs County Soil&Water Conservation Dist. • Mower County • Murray County 42 • Olmsted County-Rochester • Pine County • Pipestone County • Polk County • Ramsey County • Rice County • Scott County • Sherburne County • Stearns County • St. Louis County • Washington County • Watonwan County Colleges • Anoka-Hennepin Technical College • Dakota County Technical College • Hamline University • Macalester College • Northeast Metropolitan Technical College • Southwestern Technical College • University of Minnesota Academic Health Center • University of Minnesota-Minneapolis Public Schools • Albert Lea Area Schools • Albertville School District • Anoka-Hennepin Schools-Anoka • Austin School District • Barnum School District • Bemidji School District • Big Lake Schools • Bloomington Schools • Blue Earth Area Schools • Braham School District • Brooklyn Center School District • Buffalo Schools • Burnsville School District • Carver-Scott Educational Cooperative • Centennial Schools • Chaska Public Schools • Chisago Lakes School District • Cloquet School District • Columbia Heights Schools • Cook County School District • Crookston School District • Dakota Intermediate School Dist.#917 • Detroit Lakes Schools 43 • District 916 Vo-Tech • Duluth Public Schools • East Grand Forks School District • ECSU • Edina School District • Fairmont Public Schools • Faribault School District • Farmington School District • Fergus Falls School District • Foley Schools • Forest Lake Schools • Fridley Schools • Glencoe-Silver Lake Schools • Hennepin Technical School District • Inver Grove Heights Public Schools • Lake Superior School District • LeSueur-Henderson Public Schools • Litchfield School District • Mahtomedi Schools • Mankato School District • Milaca County School District • Minnesota School Boards Association • Minnetonka Schools • Monticello School District • Moorhead Schools • Mounds View Public Schools • Nay Ah Shing Schools • New Ulm Public Schools • North St. Paul School District • Northeast Metro. Int.School Dist. • Northfield Schools • Ogilvie Public Schools • Orono School District • Osseo Public Schools • Owatonna School District • Pine City Schools • Princeton Schools • Prior Lake School District • Proctor School District • Red Lake Public Schools • Red Wing School District • Richfield School District • Rochester School District • Rush City Schools • Russell-Tyler Schools 44 • Sartell-St. Stephens School District • Sauk Centre Schools • South St. Paul Schools • South Washington School District • Spring Lake Park Schools • St.Anthony-New Brighton Schools • St. Claire Schools • St. Cloud Schools • St. Francis Schools • St. Louis Park Schools • St. Michael School District • Stillwater Public Schools • Wadena-Deer Creek Schools • Waseca Public Schools • Wayzata School District • West Central Educational District • West St. Paul Schools • Westonka School District • White Bear Lake Schools • Winona Public Schools • Worthington Schools Other • Community Action Partnership of Ramsey and Washington Counties • Community Health Board • East Central Solid Waste Corn. • Lyon-Lincoln-Murray-Pipestone Public Health Service • Metropolitan Airports Commission • Metropolitan Council • Minneapolis Professional Employees Association • St. Paul Public Housing Authority • Suburban Hennepin Regional Park District • Success Academy • Three Rivers Park District 45 RESUMES JAMES C. FOX, Ph.D., IPMA-CP Dr. Fox is a Managing Director of the firm. In this capacity, he serves as project director and/or technical advisor on all projects, providing technical direction and quality assurance. He is responsible for all consulting activities in the areas of personnel management, job evaluation and compensation, organization and management analysis, executive compensation, and survey research. Dr. Fox has been directing classification and compensation studies for more than 25 years. Prior to forming the firm, he was a Partner in the firm of Ernst&Young LLP and headed up the firm's regional compensation practice, with national responsibility for the public sector compensation practice. Dr. Fox holds both M.A. and Ph.D. Degrees in Sociology from the University of Minnesota. He has been an instructor at Metropolitan State University and the University of Minnesota, and has been a guest lecturer at regional conferences and meetings. He is a member of the Society of Human Resource Management, WorldatWork, where he is on the faculty, and was the Professional Development Coordinator of the Compensation Council of the Twin Cities Personnel Association. He is the Chairman of the Human Resources Committee of the Board of the Northern Star Council of the Boy Scouts, the past Chairman of the Board of Project Pathfinder and is a member of the Ramsey County Personnel Review Board. Dr. Fox authors a monthly compensation article called the CompDoctorTM. Jim is located in St. Paul. BRUCE G. LAWSON, MPA,CCP, IPMA-CP Mr. Lawson is a Managing Director of the firm. In this capacity, Mr. Lawson serves as project director and/or technical advisor, providing technical direction and quality assurance. He is responsible for all consulting activities in the areas of job evaluation and compensation, organization analysis, personnel systems and policy development. Mr. Lawson has been directing classification and compensation studies for more than 25 years. Prior to forming Fox Lawson, he spent 15 years with the firm of Ernst&Young LLP where he served as the national director of their public sector compensation consulting practice. He also served as City Manager in two California cities (Los Altos Hills and Belvedere), was the County Administrative Officer in Multnomah County(Portland) Oregon, Assistant City Manager/Personnel Director in Corvallis, Oregon, and Assistant to the City Administrator/Personnel Director in Placentia, CA. Mr. Lawson served on the City of Phoenix (AZ) Public Safety Employees Retirement Board for 12 years. Mr. Lawson has a Master's Degree in Public Administration from the California State University at Fullerton, is a.b.d. in Public Administration from Golden Gate University in San Francisco, and has earned his CCP certification from WorldatWork. He is also an active member of several professional associations including the College & University Professional Association for Human Resources, the International City & County Management Association, International Public Management Association for Human Resources, the Society for Human Resources Management,and WorldatWork. Bruce is located in Phoenix. 46 MIKE VERDOORN, MA-HRIR, CCP, IPMA-CP Mr. Verdoorn is a Senior Consultant with the firm. He is responsible for managing and conducting compensation and classification consulting projects. He has been managing and conducting classification and compensation studies for our firm for seven years and specializes in the areas of classification,job evaluation and compensation, personnel systems and policy development,focus group facilitation, strategy development, pay administration planning, and performance management systems. Mr. Verdoorn has worked with all types of organizations, including states, cities, counties, school districts, colleges, universities, special districts, private sector organizations, and not-for-profits. Prior to joining the firm, Mr. Verdoorn was a compensation analyst at Imation and the University of Minnesota, and has over eight years of professional compensation experience. Mr. Verdoorn has a Bachelor's Degree in History from the University of Minnesota and a Master's Degree in Human Resources and Industrial Relations from the University of Minnesota, and has earned his CCP certification from WorldatWork. He is a member of several professional associations, including the College & University Professional Association for Human Resources, International Public Management Association for Human Resources, and WorldatWork. Mike is located in St. Paul. HEIDI NELSON,CCP, CBP, IPMA-CP Ms. Nelson is a Senior Consultant of the firm. She is responsible for leading and conducting compensation consulting projects. She has been conducting compensation studies for our firm for over 15 years and specializes in base pay compensation,total compensation,survey research, pay administration planning, and executive compensation. Ms. Nelson has worked with all types of organizations, including states,cities, counties, colleges,school districts, universities,special districts,and private sector organizations. Prior to joining the firm, Ms. Nelson spent six years serving in a similar capacity with Ernst&Young. Ms. Nelson attended the University of Minnesota specializing in Business Management and has completed continuing education coursework from the same institution in Industrial Relations, Methodology and Design of Salary Surveys,and Compensation Administration, and has earned her CCP and CBP certifications from WorldatWork. She is a member of the International Public Management Association for Human Resources,and WorldatWork. Heidi is located in St. Paul. QUYANG PAN, MA-HRIR Ms. Pan is a Consulting Associate with the firm. She is responsible for supporting all phases of classification and compensation studies. Ms. Pan joined the firm in September 2012. Prior to that, she worked for Maersk A.P. Moller Group for four years in market research and client service. She has broad exposure to all function areas in the business environment. Ms. Pan has a Master's Degree in Human Resources and Industrial Relations from the University of Minnesota.She's member of the Twin Cities Human Resource Association. G" Fox Lawson&Associates a Division of Gallagher Benefit Services,Inc. 47 ?-r {��;4i4-k City of Farmington M�i 430 Third Street „,. Farmington, Minnesota 651.280.6800•Fax 651.280.6899 44r•I0R1'`we wwww.d.ictrmingtnnann.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: City Administrative Policies and Procedures—Review, Changes, and/or Corrections DATE: March 18, 2013 INTRODUCTION The purpose of this memorandum is to provide information regarding the review, changes and/or corrections made to the Sick Leave and the Paid Time Off(PTO).The red-lined policies are attached. DISCUSSION City staff intends to review and present selected policies and procedures over the course of the year in an effort to maintain an accurate and updated City administrative policies and procedures manual. The following paragraphs outline the changes or corrections being proposed to the aforementioned policies. The Sick Leave policy states an inaccurate maximum accrual amount. Historical data show that the approved maximum accrual should be 1040 hours and not 1080. This is a typographical error that needs to be corrected. The Paid Time Off(PTO) policy. This policy is in effect for all newly hired non-bargaining employees yet the fmal document was never included into the City policy and procedure manual. Therefore, staff wanted to present this to Council again before it was included in the manual. Even though all employees are subject to this manual, is important to note that where ever the City administrative policies and procedures conflicts with a collective bargaining agreement, the collective bargaining agreement takes precedence. ACTION REQUESTED, Approve the attached polices for inclusion in Administrative Policies and Procedures manual. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director 48 Section 5.12—Sick Leave The City of Farmington provides paid sick leave benefits for periods of temporary absence due to illness or injuries. Eligible employees include regular full-time employees and regular part-time employees who are regularly scheduled and approved to work a minimum of twenty-four(24)hours. 1. Eligible full-time employees will accrue sick leave benefits at the rate of eight(8)hours per month to a maximum of one thousand and eighty forty hours (40841040). Eligible part-time employees shall receive pro-rated sick leave based on actual hours worked. 2. Sick leave shall be accrued on a biweekly basis. 3. Eligible employees may use sick leave benefits for an absence due to their own illness: exposure to contagious disease or legal quarantine;medical and dental examinations; or an illness or medical or dental appointment of an immediate family member who resides in the employee's household or meets the following definition of immediate family. "Immediate Family" shall include the employee's parents, siblings, spouse, children, step-children, grandparents or grandchildren of the employee or the employee's spouse. 4. Sick leave shall only accrue when an employee is on compensated regular hours or is on approved military leave in accordance with federal and state law. 5. Sick leave usage shall be subject to approval and verification by the supervisor or Department Director. Procedure To be eligible for sick leave payment: 1) Sick leave must be accrued before any payment is made. 2) An employee must notify his/her supervisor and/or department head as soon as possible but not later than thirty (30) minutes following the starting time of the employee's scheduled shift. (This notice may be waived if the employee can establish that he/she could not comply with this requirement due to circumstances beyond the employee's control.) 3) An employee must inform his/her supervisor and/or department head as to the approximate date of the employee's return to work. 4) If any employee is absent for three or more consecutive days due to illness or injury, a physician's statement will be requested to verify the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well, and may be required as a condition to receiving sick leave benefits or to returning to work. 5) Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from long-term disability insurance or worker's compensation. The combination of any such disability payments and sick leave benefits cannot exceed the employee's normal weekly earnings. 49 Section 5.12—Paid Time Off(PTO) Effective January 1, 2012, newly hired employees will receive Paid Time Off(PTO) in lieu of vacation leave and sick leave. Paid time off(PTO) is an all-inclusive paid time off program that will provide income protection for "no fault" time away from work including illness related absences. PTO is intended to be used for a variety of traditional types of time away from work including but not limited to vacation, illness,personal business,medical appointments, family time, and personal holidays. PTO shall be accrued on a bi-weekly basis. PTO increases with years of service in accordance with the following schedule(s) and is allocated accordingly on a bi-weekly basis. Regular part- time employees scheduled to work 24 hours or more per week will accrue PTO leave on a prorated basis based on regular hours worked. PTO Accrual Schedule: a. 0-5 years 5.846 hours per pay period (19 days) b. Start of 6th year 7.385 hours per pay period (24 days) c. Start of 10th year 8.308 hours per pay period (27 days) d. Start of 15th year 9.231 hours per pay period (30 days) The maximum PTO accrual amount for all full-time employees is three hundred and twenty (320)hours. During the employee's initial probationary period, the employee shall accrue PTO but shall not be eligible for any reimbursement for accrued PTO upon termination or resignation. An employee on unpaid leave status will not accrue PTO. Medical Certification Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor's certification may be required. The physician's certification is to state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of his/her position. A statement attesting to the employee's ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. Returning to Work After a Medical Absence After a medical absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. 50 Any work restrictions must be stated clearly on the return-to-work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. Paid leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The City has the right to obtain a second medical opinion to determine the validity of an employee's worker's compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. The City will arrange and pay for an appropriate medical evaluation when it has been required by the City. 51 Ale iy�, City of Farmington WASS 430 Third Street ` >>' Farmington,Minnesota ■ 1 651.280.6800•Fax 651.280.6899 '""`o www.ci.fannington.mn.us TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt,Human Resources SUBJECT: Promotion—Finance DATE: March 18,2013 Introduction and Discussion In 2011, the person in the Accountant position retired and, due to budgetary constraints, that position was left vacant and the job responsibilities were redistributed. However, over the course of time, many of these responsibilities have been shifted to Tracy Geise. Ms. Geise is currently an Accounting Technician. After a discussion with the Finance Director and the City Administrator, both the Accounting Technician and the Accountant job descriptions were reviewed. Based on that review, it was determined that Ms. Geise has taken on the responsibilities of the Accountant position.Therefore, it is appropriate the Ms. Geise be promoted into the Accountant position. Additionally, the Accountant job description was updated and revised to accurately reflect all the duties now being performed. The revised job description was then sent to the City's compensation consultant, Fox Lawson, for evaluation. Attached is an explanation of their findings which confirms that the Accountant position is still accurately classified as a B25. The following is the salary schedule for both positions. Current Position: Step 1 Step 2 Step 3 Step 4 Step 5 Step Step 7 Accounting Technician B21 $36,425 $38,019 $39,613 $41,208 $42,802 $44,397 $45,989 Proposed Position: Accountant B25 $52,144 $54,427 $56,708 $58,991 $61,274 (Please note: Step 6 and Step 7 were part of the merit pay plan that was discontinued in 2009.) Budget Impact Ms. Geise's current salary is $45,989 (non-exempt) and it is proposed that she be placed at Step 1 of the new pay grade range. Funding for this change will either be deducted from the fund balance or be offset by dollars not spent in 2013.Additionally,this will be incorporated into the budget in 2014. 52 Recommendation It is being requested that Council approve the promotion and salary change for Ms. Tracy Geise effective March 1,2013. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 53 V !i��► City of Farmington zic 430 Third Street t '. ;- Farmington,Minnesota 651.280.6800•Fax 651.280.6899 45P' www. .iiir nmgun.mnui TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement for the Purchase and Installation of Playground Equipment in Pine Knoll Park DATE: March 18, 2013 INTRODUCTION Staff solicited proposals from 8 companies for the purchase and installation of new playground equipment in Pine Knoll Park. DISCUSSION/SELECTION PROCESS Previously the City Council had approved in the 2013 Park Improvement Fund budget an amount of $120,000 to make improvements in Pine Knoll Park. Projects to be completed included: • purchase and installation of new playground equipment(budgeted amount of$65,000) • construction of concrete border around new playground equipment(budgeted amount of $6,000) • new wood fiber safety surfacing material for under new playground equipment(budgeted amount of$4,000) • purchase and installation of new picnic shelter(budgeted amount of$30,000) • construction of a new basketball court(budgeted amount of$15,000) In January 2013, a Request for Proposals was sent to eight companies soliciting proposals for new playground equipment. Six of the eight companies submitted proposals to the City. One of the companies submitted two different options. Exhibit A has been attached showing a tabulation of the proposals submitted. It's important to note that playground equipment is not standardized as each company has unique equipment so a comparison of one company's playground equipment against another is virtually impossible. Some play components are proprietary in nature and so cannot be matched by other companies. It is for this reason that proposals were requested with an identified not to exceed amount of$65,000,which was the budgeted amount. Companies then"compete"with one another to submit their best proposal to the City for the not to exceed amount. Because each company has unique playground equipment, each proposal has a unique look to it and the play components,while looking the same, may be built with different types of materials. Each playground proposal functions differently from other playground equipment and as a result it may also be priced differently. The proposals are then ranked based on selection criteria that are established before proposals are received. The selection criteria are identified in the Request for Proposals so companies that are 54 solicited understand how proposals are compared against one another and how the winning proposal is selected. Sometime this process results in a proposal selected that is right at the budgeted amount and sometimes the proposal selected will come in lower than the budgeted amount. It just depends on which proposal best meets the selection criteria. If specifications were written for only one specific type of playground equipment then other companies would not be able to compete in a bidding process because it wouldn't be able to match the specifications. This could be considered closed specifications,which could result in the specifications being challenged by other companies. On March 13, 2013,the Parks and Recreation Advisory Commission(the Commission) reviewed the six proposals submitted and selected playground equipment that is manufactured by Playworld Systems, Inc. and is sold by a company named Midwest Playscapes and is located in Chaska, Minnesota.The cost to purchase the playground equipment is$65,000.00,which includes the equipment,the installation of the equipment, shipping costs and all taxes associated with the purchase. The Commission felt that this playground equipment best met the following selection criteria: • submitted a cost estimate that did not exceed $65,000 • the total number of play components that are received for the budget identified compared to other proposals • innovation in design or theme • wide variety of activities for all ages of children The Commission is unanimously recommending to the City Council to purchase the playground equipment from Midwest Playscapes, Inc that is shown in the attached concept plan. BUDGET IMPACT The budgeted amount for the playground equipment was$65,000.The proposed cost of the playground equipment to be purchased from Midwest Playscapes, Inc. is $65,000.00. ACTION REQUESTED Approve the attached agreement with Midwest Playscapes, Inc. for the purchase and installation of playground equipment in Pine Knoll Park. Respectfully Submitted Randy Distad, Parks and Recreation Director 55 FORM OF AGREEMENT, THIS AGREEMENT,made and signed this 18th day of March,2013,by and between the City of Farmington hereinafter called the"Owner"and Midwest Playscapes, Inc.hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH,that the Owner and Contractor, for the consideration hereinafter stated,agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform the scope of services of installing new playground equipment as indicated in the Request for Proposal for the following project: Pine Knoll Park Improvement Project and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the work contemplated by this Contract shall be fully and satisfactorily completed on or before September 28,2013. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as"additional insured"and having at least$1,500,000 per occurrence liability coverage. ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for services provided and set forth in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director,the aggregate of which prices,based on the approximate schedule of services,is estimated at$65,000.00. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate of Insurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF,the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: r� ITS:MAYOR ITS BY: MA ITS. 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I U i '4 E �i If' k .F y'` �'L,to.„::;.1.,., ..,..k.,::...,..: :„..:„.„ ......., _ ta—st ..: _ _ ______ 7 ' ios�EA1� r City of Farmington lU 430 Third Street A.'.K 1 l:arnlington,11�innesota %Nom 651.2R{l.6R00•Fax 651 280.6599 �A wwtit.ci.tarrnmgt+nimn.u4 TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreements for the Purchase and Installation of a Picnic Shelter in Pine Knoll Park DATE: March 18,2013 INTRODUCTION Staff solicited proposals from 8 vendors to purchase and install a new picnic shelter in Pine Knoll Park. DISCUSSION Previously the City Council had approved in the 2013 Park Improvement Fund budget an amount of $120,000 to make improvements in Pine Knoll Park. Projects to be completed included: • purchase and installation of new playground equipment(budgeted amount of$65,000) • construction of concrete border around new playground equipment(budgeted amount of $6,000) • new wood fiber safety surfacing material for under new playground equipment(budgeted amount of$4,000) • purchase and installation of new picnic shelter(budgeted amount of$30,000) • construction of a new basketball court(budgeted amount of$15,000) In January 2013,a Request for Proposals was sent to 8 vendors soliciting proposals for the purchase and installation of a new picnic shelter. Five proposals were submitted.Exhibit A shows the tabulation of the five proposals received.Also attached is a concept plan of what the picnic shelter will look like. On March 13,2013,the Parks and Recreation Advisory Commission(the Commission)reviewed the five proposals submitted and selected a picnic shelter manufactured by Classic Recreation Systems,Inc and sold and installed by a company called Midwest Playscapes,Inc. located in Chaska,Minnesota. The selection by the Commission was based on the shelter best meeting the selection criteria with the primary consideration given to the shelter having the largest roof diameter up to the budgeted amount of$30,000.00. The cost to purchase this picnic shelter is$30,000,which includes all shelter structural materials,all concrete materials associated with the footings and concrete slab under the shelter,all the labor to pour the concrete and construct the shelter,shipping and tax associated with the purchase. The Commission is unanimously recommending to the City Council to purchase the picnic shelter from Midwest Playscapes,Inc. BUDGET IMPACT The budgeted amount for the picnic shelter was$30,000.The proposed cost of the picnic shelter to be purchased from and installed by Midwest Playscapes,Inc. is$30,000. 59 ACTION REQUESTED Approve the attached agreement with Midwest Playscapes,Inc. for the purchase and installation of a picnic shelter in Pine Knoll Park. Respectfully Submitted Randy Distad, Parks and Recreation Director 60 FORM OF AGREEMENT, • THIS AGREEMENT,made and signed this 18th day of March,2013,by and between the City of Farmington hereinafter called the"Owner"and Midwest Playscapes,Inc hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH,that the Owner and Contractor, for the consideration hereinafter stated,agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform the scope of services of installing a new 34 foot hexagon-shaped dual pitch roof picnic shelter as indicated in the Request for Proposal for the following project: Pine Knoll Park Improvement Project and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the work contemplated by this Contract shall be fully and satisfactorily completed on or before September 28,2013. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as"additional insured"and having at least$1,500,000 per occurrence liability coverage. ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for services provided and set forth in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director,the aggregate of which prices,based on the approximate schedule of services, is estimated at$30,000.00. ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate of Insurance listing the City of Farmington as"additional insured". 3. Special Provisions (if any) 4. Specifications(General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF,the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: ITS:MAYOR ITS BY: ,(.LL l I ITS: AD OR Exhibit A Shelter Proposals Tabulation Name of Shelter Outside Roof Dual Pitch , Shape Cost Vendor Company Diameter Flanagan Poligon Park 28 feet 4:12 and 7:12 Hexagon $29,986.09 Sales Architecture w/Dual Pitch Roof MN/Wisc Site and Park 28 feet 4:12 and 7:12 Hexagon $29,585.78 Playground Amenities w/Dual Pitch Roof St. Croix Coverworx 32 feet 4:12 and 9:12 Hexagon $30,000.00 Recreation Recreational w/Dual Architecture Pitch Roof Midwest Classic 34 feet 4:12 and 8:12 Hexagon $30,000.00 Playscape Recreation w/Dual Systems Pitch Roof Flagship RCP Shelters 18 feet 4:12 and 7:12 Hexagon $28,500.00 Recreation w/Dual Pitch Roof 62 ,, , 1 ,..„ -B . „,,,: „/ _. _„,.......... _ ;„/„ .,.: "...,. . / .,,, . , ... . . ,,, 4.0 -- , ,,,,, .. / )7 ,.., .y. .., ,, -4 / ., / i f,,t: / 1 f / f \,1: \ . .;4' 7 1 �1 1t ` 5 1 i i 63 1 ;yo�E_A_t �► City of Farmington 430 Third Street Farmington,Minnesota % 651.280.6400•Fax 651 280.6899 wwwd.tarrningta n.mn.0 TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreement with Marschall Bus Lines to Provide Transportation for 2013 Swim Bus Program DATE: March 18,2013 INTRODUCTION The Swim Bus Program has been in existence for the past 9 years.In the past Marschall Bus Lines has provided transportation for the Swim Bus Program(Swim Bus). DISCUSSION Staff contacted Marschall Bus Lines to see if they would be interested in once again providing transportation for the Swim Bus Program in 2013. Marschall Bus Lines indicated they would be interested. The Swim Bus has stops at many neighborhood parks where children are picked up and transported to the outdoor pool. Since the swim bus program began in 2006 and through the 2012 season,6,106 riders have taken the Swim Bus to the City's Outdoor Pool. Attached is an agreement form that the City Council is being asked to approve that will allow the City to contract with Marschall Bus Lines to provide a bus to transport children to the outdoor pool from various City Parks.Exhibit A shows the schedule and the pickup locations. BUDGET IMPACT Funding for the Swim Bus comes from the Outdoor Pool budget.Marschall Bus Lines has agreed to provide the transportation service at a cost of$90.00 per day,which is the same rate that was charged in 2012.This daily charge is still well below the rate that Marschall Bus Lines normally charges its customers. The normal daily rate charge is$251.90,which means the City pays$161.90 less than what is normally charged for the daily rate. This difference is being treated as a donation to the City and a separate resolution addresses this donation. The total cost of providing this service at$90.00 per day for 28 days during the summer is $2,520.00,which is the same amount paid in 2012. ACTION REQUESTED Approve the attached agreement with Marschall Bus Lines to provide transportation for the 2013 Swim Bus Program. Respectfully Submitted Randy Distad Parks and Recreation Director 64 FORM OF AGREEMENT THIS AGREEMENT,made and signed this 4day of March,2013,by and between the City of Farmington hereinafter called the"City"and Marschall Line,Inc.hereinafter called the"Contractor". THIS AGREEMENT WITNESSETH,that the City and Contractor, for the consideration hereinafter stated,agree as follows: ARTICLE I The Contractor hereby covenants and agrees to provide the following service: Transportation for the City's Swim Bus Program at the locations and on the days and times proposed in Attachment A. and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the work contemplated by this Agreement shall start on June 17,2013 and shall be fully and satisfactorily completed on August 8,2013. ARTICLE III The Contractor agrees to provide to the City a Certificate of Liability Insurance on ACORD Form 25 (2009/09)or later version. The following information must be contained on the Certificate of Liability Insurance: INSURANCE TYPE Commercial Auto(Any Auto) $2,000,000.00 Combined Single Limit(CSL)or Equivalent Commercial General Liability $2,000,000.00 CSL or equivalent The Certificate of Liability insurance shall name the"City"as an Additional Insured on the Commercial Auto (Any Auto)and Commercial General Liability policies including the endorsement(s)stating that "City"is an additional insured and a copy of policy provisions providing for a minimum of thirty days notice to"City"by the carrier or carrier's representative of any changes, cancellation non-renewal or lapse of coverages required by this agreement. The Contractor shall fully and completely defend, indemnify and hold harmless the City and its employees,officials, officers, and agents from and against any claims for personal injury, including death, which claims are related to the City's property and the source of which occur while this Agreement is in effect. ARTICLE IV The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for services provided and set forth in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director,the aggregate of which prices, based on the approximate schedule of services, is estimated at$90.00 per day for 28 days totaling$2,520 during the term of this Agreement. 65 ARTICLE V The Contract Documents shall consist of the following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate of Insurance listing the City of Farmington as"additional insured". 3. Special Provisions(if any) 4. Specifications(General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF,the parties have caused these presents to be executed as of the date first above written. CONTRACTOR: OWNER: BY: BY: ITS:MAYOR ITS BY: & ITS: ITY AD�OR 66 • '2k � Ep "v, City of Farmington 430 Third Street '11%41P-' h 1: mington,Minnesota 651.280.6800.Fax 651 280.6899 www.cl.tarmn m.mn.0 TO: Mayor, Councilmembers, and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation from Marschall Line, Inc. DATE: March 18,2013 INTRODUCTION Marschall Line, Inc(MLI) has in the past provided transportation for the Swim Bus Program (Swim Bus) and in the past has not charged the normal 3 hour minimum terminal to terminal rate for this service. In the past the difference of what the City of Farmington(the City)has paid versus what MLI normally charges for this service has been recognized and accepted by the City as a donation. DISCUSSION An agreement with MLI is on the March 18, 2013 City Council agenda for approval. The agreement states that the City will pay$90.00 per day for the transportation service that MLI will provide for the Swim Bus. MLI staff has shared with City staff that normally the terminal to terminal rate at a 3 hour minimum would cost$251.90. MLI is agreeable to allowing the difference between the two costs of$161.90 per day to be considered as a donation to the City. BUDGET IMPACT According to the MLI,the normal 3 hour minimum terminal to terminal rate for the Swim Bus service would have cost the City$7,053.20. Under the proposed agreement the total cost for 28 days of bus services will be$2,520.00.This means the City will save$4,533.20 during the 28 days the swim bus will be provided by MLI. Had MLI not made this significant donation,the Swim Bus would not be very affordable for the City to provide to the community. Staff will communicate the City's appreciation on behalf of the Council to MLI for its generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of$4,533.20 from MLI to the City for the reduction in costs to provide the Swim Bus transportation service. Respectfully Submitted, Randy Distad Parks and Recreation Director 67 RESOLUTION NO. R17-13 ACCEPT 2013 SWIM BUS PROGRAM DONATION FROM MARSCHALL LINE,INC. 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 18th day of March 2013 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Fogarty Members Absent: Donnelly Member Fogarty introduced and Member Bonar seconded the following: WHEREAS, Marschall Line, Inc. total cost for the service rendered for the 2013 Swim Bus Program should have been$7,053.20; and, WHEREAS, Marschall Line, Inc. will be charging the City $2,520 for service rendered; and, WHEREAS, Marschall Line, Inc. has agreed to donate the remainder of the cost, or$4,533.20, to provide the bus service for the 2013 Swim Bus Program; and, WHEREAS, it is required by State Statute and in the best interest of the City to accept such donation. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$4,533.20 from Marschall Line, Inc. for the 2013 Swim Bus Program. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of March, 2013. Mayor Attested to the /9 day of March,2013. ity Administra dr__) SEAL 7/ i% A Ate City of Farmington ,R,, 430 Third Street !: '�. ,i.... Farmington,Minnesota ° � 651.280.6800•Fax 651280.6899 • A W ww.d.larnmigLi n.m um TO: Mayor, Councilmembers, and City Administrator FROM: Todd Reiten, Director of Municipal Services SUBJECT: Adopt Resolution Approving Joint Powers Agreement with Dakota County DATE: March 18, 2013 INTRODUCTION Dakota County is offering the City of Farmington an opportunity to partner on a one-day household hazardous waste(HEW)drop-off day. DISCUSSION Since 1985, Dakota County has partnered with cities to host one-day HHW drop-off events. Drop-off events are held annually in communities whose residents are less likely to be adequately served by The Recycling Zone in Eagan. By partnering with the County on a drop-off day in Farmington,the City is able to add a layer of value and service to the residents by providing a local opportunity to safely dispose of unwanted paints, solvents, and other HHW in addition to oil and oil filters, and automotive tires and batteries. This year the County is adding electronics, such as answering machines, DVDNCR players,telephones, radios, stereos, small household electronics, etc.to the list of acceptable items. The County will be responsible for providing equipment, staff publicity outside of the Farmington area, and coordination and reimbursement of the disposal contractor. The County will also be responsible for delivery and sorting of waste. The County will provide personal safety equipment. The County is requesting that the City provide a site for the collection event, local publicity, a minimum often staff people, management of solid wastes and recyclables received during the collection, cardboard recycling, traffic coordination, and the collection and management of lead-acid batteries, used oil, and oil filters. The Household Hazardous Waste Drop-off Day will be at the Maintenance Facility on Saturday, September 7, 2013.The HHW portion of the drop-off will be open to Dakota County residents and automotive tires will be accepted from Farmington residents.The collection event will start at 9:00 a.m. and end at 1:00 p.m. BUDGET IMPACT The costs of the Household Hazardous Waste Drop-off Day are included in the 2013 Solid Waste Budget. 69 JPA for HHW Drop-off March 18,2013 ACTION REOUESTED Authorize the City to enter into the Joint Powers Agreement with Dakota County. Respectfully submitted, Todd Reiten Director of Municipal Services 70 RESOLUTION NO. R18-13 APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of March, 2013 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Fogarty Members absent: Donnelly Member Fogarty introduced and Member Bonar seconded the following resolution: WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and, WHEREAS, it is considered mutually desirable to hold a one-day household hazardous waste drop-off day in the City of Farmington; and, WHEREAS, the City of Farmington and Dakota County will share project responsibilities and jointly participate in the costs associated with the project as described in the agreement. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement with Dakota County for the following purposes: To share project responsibilities and jointly participate in the costs to hold a one-day household hazardous waste drop-off day in the City of Farmington as described in the agreement. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of March, 2013. Mayor Attested to the I? day of March, 2013. ciel i Administrat SEAL • Dakota County Contract#C0024816 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FARMINGTON FOR A HOUSEHOLD HAZARDOUS WASTE DROP OFF DAY EVENT WHEREAS,Minn. Stat. §471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties;and WHEREAS,Dakota County(County) is a political subdivision of the State of Minnesota; and WHEREAS,the City of Farmington(City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS,the parties desire to conduct a household hazardous waste and electronics drop off day event in the City. NOW,THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement,the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of a household hazardous waste and electronics drop off day event to be held in the City during 2013 (EVENT). ARTICLE 2 PARTIES The parties to this Agreement are Dakota County, Minnesota(County)and the City of Farmington, Minnesota (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until completion by the parties of their respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 CONTRACTS WITH VENDORS. The packaging, analysis, storage transportation and disposal of household hazardous wastes and electronics generated by the EVENT shall be governed by the terms of separate contracts between the County and its vendors, copies of which will be provided to the City upon request. The packaging, analysis, storage, transportation and disposal of additional items collected by the City at the EVENT shall be governed by the terms of separate contracts between the City and its vendors,copies of which will be provided to the County upon request. The County and the City acknowledge and agree to abide by the terms of said contracts. 5.2 SITE. The collection site for the EVENT will be located at the Farmington Maintenance Facility, 19650 Municipal Drive, Farmington, MN. • 5.3 GENERAL DUTIES OF PARTIES. Each party shall assist in the organizational duties associated with the EVENT, including site set-up and coordination, volunteer coordination, and publicity for the EVENT. In general,the County will provide equipment, staff and coordination and reimbursement of the disposal contractor(vendor). The County will be primarily responsible for collection and sorting of household hazardous waste and electronics. The County will provide personal safety equipment, including gloves,safety glasses and, as needed, protective aprons and/or coveralls for the County and City workers. In general,the City will provide a site at which the EVENT will take place, staffing for the collection, management of solid wastes, recyclables, lead-acid batteries, used oil and oil filters, and antifreeze received during the EVENT, and, if planned, may also organize, collect, and properly manage additional items,such as tires, appliances, and scrap metal, received during the EVENT. The City will provide reimbursement to the disposal contractor(vendor) for all planned additional items collected.The City will be primarily responsible for cardboard recycling, traffic control and coordination, and the collection and management of lead-acid batteries, used oil, and oil filters. The City will provide necessary operational equipment at the site, fire extinguishers,forklift and forklift operator, dumpsters, chairs, directional signs, sanitary facilities and running water. 5.4 PUBLICITY. The City will provide publicity for the purpose of advertising the EVENT. In publicizing the EVENT, the City shall follow the Communication and Outreach Guidelines for Household Hazardous Waste/Electronics Drop-Off Days attached hereto and incorporated herein by this reference as Exhibit 1. The County will provide publicity for the EVENT outside of the City area. 5.5 WORKERS. The County will provide at least five employees or volunteers to staff the collection site and the City shall provide at least 10 employees or volunteers to staff the collection site. All workers must be at least 18-years of age and will read and be familiar with the document entitled"Household Hazardous Waste Site Safety Plan" (HHWSP) prior to the EVENT. Each worker must sign a statement acknowledging that he or she is familiar with the HHWSP and that he or she will follow the proper collection procedures. The HHWSP shall be present and easily accessible to all workers at the site. 5.6 HAZARDOUS WASTE GENERATOR NUMBER. The County will act as the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the EVENT. 5.7 ACKNOWLEDGEMENT. The City and County shall appropriately acknowledge each other in any promotional materials, signage, reports, publications, notices and presentations relating to the EVENT. This section shall survive the termination of this Agreement. • ARTICLE 6 COSTS 6.1 EMPLOYEES. Each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 6.2 CITY'S COSTS. The City is responsible for the payment of the costs associated with the following: A. Supplying the operational equipment at the site, fire extinguishers, forklift, forklift operator, dumpsters, chairs, directional signs, sanitary facilities, running water, cardboard recycling, and traffic control and coordination. B. The collection, proper management and disposal of solid wastes, recyclables, lead-acid batteries, used oil and oil filters,antifreeze, and any additional items received during the EVENT, such as tires, appliances and scrap metal. Disposal of these materials shall be governed by agreements • between the City and the vendor(s)of its choice. C. The City may charge residents for planned and publicized additional items collected during the EVENT. Any fees collected must not exceed the City's anticipated costs for managing the additional items. 2 6.3 COUNTY'S COSTS. Except as to wastes identified in Section 6.2, the County shall be responsible for the payment of all costs for packaging, storage, transportation and disposal of household hazard waste and electronics collected at the EVENT. ARTICLE 7 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch.466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Todd Larson, Mayor City of Farmington 430 Third Street Farmington, MN 55024 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement,the following persons are the designated liaisons: County Liaison City Liaison Laura Villa Lena Larson Telephone: (952)891-7548 Telephone: (651)280-6905 Email: laura.villa @co.dakota.mn.us Email: Ilarson @ci.farmington.mn.us ARTICLE 9 TERMINATION 9.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving 30 days'written notice, of its intent to terminate, to the other party. Such notice to . terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement 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 Agreement prior to the effective date of termination. 3 r . 9.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section. 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 Agreement is terminated due to lack of funding. ARTICLE 10 GENERAL PROVISIONS 10.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 10.2 EXCUSED DEFAULT—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. 10.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately,and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 10.4 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 10.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 10.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 10.7 MERGER. This Agreement 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. 10.8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY j _ 3/i 101013 By A si ou sistant ounty A orney/Date Lynn Thompson, Director KS-13-40-003(EF) Physical Development Division County Board Res. No. 13- Date of Signature: CITY OF FARMINGTON By Todd Larson, Mayor Date of Signature: 0//9V/3 By 641--t-: 214'cf M ,,94 f , City Clerk Date of Signature: ,3-4q....76/ • • 5 EXHIBIT 1 Communication and Outreach Guidelines for Household Hazardous Waste/Electronics Drop-Off Days To create more consistency in the household hazardous waste promotions, Dakota County is asking the cities hosting these drop-off days to follow the these guidelines in city electronic and print communications, including flyers, mailers,websites, E-News and other promotional materials. A. Required content: City communication pieces should contain the following information: 1. Use "Household Hazardous Waste Drop-Off Day" as a description of the collection. 2. Date, Day, Hours, and Address of the Drop-Off Day. 3. List of household hazardous waste(and other waste–e.g., electronics–that will be accepted). Include as many examples as space allows. See Section D. below for more details. 4. Clarify that household hazardous waste and electronics drop off is free and open to all county residents, such as: o "Drop off is open to all County residents." or o "All Dakota County residents can drop off household hazardous waste." or o "Household hazardous waste—such as leftover paint, household cleaners, driveway sealers, lawn and garden chemicals, fluorescent bulbs and automotive fuels—will be collected at the household hazardous waste drop-off day for free from all Dakota County residents." 5. Identify that a driver's license is required. 6. Identify a city phone number and website for residents to get more information. 7. Acknowledge sponsorship, such as: "The Drop-Off Day is partially funded by the city of(insert city name here), Dakota County and the Minnesota Pollution Control Agency." NOTE: "partially funded" is the required terminology for Dakota County acknowledgement; please do not use "sponsored by." 8. A list of unacceptable items (i.e., no business, farm or yard waste) 9. If space allows on the communication piece, include information that The Recycling Zone is open year-round for residents that cannot make it to the drop-off day. Include the phone number, if possible. B. Terminology. City communication pieces should use the following terminology: Use this: Avoid this: Drop-Off Day Event or Clean-Up Household Hazardous Waste Household waste Electronics E-waste Small household electronics Small appliances 6 C. Images.. Images of household hazardous waste and electronics can be found in the"Household Hazardous Waste" and "Electronics"toolkits at www.swmcb.ora D. List of types of wastes accepted. The list below includes items that have been collected at HHW Drop-Off Days—it is NOT what is guaranteed to be collected in each community(e.g., electronics and small household electronics are not collected at all Drop-Off Days)—that is decided case-by- case. The Household Hazardous Waste list is collected at all Drop-Off Days. It is best to include the entire list when promoting, which works for websites, E-News and phone inquiries.The list is likely too long for print pieces. If the list needs to be pared down, please use the material names that are highlighted. Household hazardous waste • gkeiraici[i • Antifreeze • Batteries • Cleaners • Driveway sealer ■qFluqrescent light bu* • Herbicides • Gasoline or other fuels • Lawn and gaidirj product • Mercury thermometers • Oil • Paiintlatex or oil • Paint thinner • Pesticides • Propane tanks/gas cylinders • Rechargeable batteries • Thermometers • Thermostats • Varnish • Weed and insect killers • Wood preservatives • Most productS labelectdangOious;flammable, combustible,PoiSohou or corroSivO. Electronics ▪ Answering,machines Cell phone —including Blackberry®, iPhone®and other smart phones • Copiers_ Cornpyte 01,0ipniP6t(keyboards, mouse, Ptc:) • pVD players_ • Electronic games system p: (WiiTm, PlayStation TM,Xbox®, Nintendo DSTm, Leap Frog®, VTech®, etc.) • Fax machines • iPods®, MP3 and other portable media players Monitor's/terminals • Printers 7 • Radios • Scanners • Stereo equipment • Telephones • televisioris • VCR players • Video game consoles Small household electronics (please remove batteries from all items) •.. Blenders(without glass • Bread makers • Cameras • Carpet sweepers • Clocks • Coffee makers • Electrical knives • Electric toothbrushes • Fans • Food sealing.equipment • Fryers • Hair dryers • Heaters • Holiday lights/cords • Irons • Massagers • Metal tools (drills, screwdrivers, sanders, small saws, etc.) • Microwaves • Mixers • Radios • Remotes • Shaving equipment • Toaster ovens • Vacuum cteaners,(no bsgs) E. County Review. 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Fa- N O C� W N C) d) N •, aa 000000 o co r mmc CO o t- O CO 0 O W N 0 v m e .3 O N CO O O N ICI 4 N CO O d CV N 1 b O Q CO N m m o O C N s- T E 0 c o 0 w 3 M 8 c O Y Cp to 7 U 0 g CD (0 0 Iii 4t m F Y p 0 an 0 w L o 0 N gcz, �a 4-li City of Farmington ;' , l 430 Third Street I. ',: Farmington,Minnesota �,�" �° 651.2R0.6R00•Fax 651 280.6899 A We. ww%Y.cl.tarmingtlm.mn.u$ TO: Mayor, Councilmembers, City Administrator FROM: Jennifer Dullum,Natural Resource Specialist SUBJECT: NPDES Phase II Annual Report DATE: March 18, 2013 INTRODUCTION Staff will be presenting a summary of the City's NPDES Phase II Annual Report and Storm Water Pollution Prevention Program from 2012. DISCUSSION The City of Farmington, as a small municipal separate storm sewer system(MS4), is required to implement a Storm Water Pollution Prevention Program (SWPPP) as part of the National Pollutant Discharge Elimination System(NPDES)Phase II requirements. The permit requires an Annual Report, submittal to the Minnesota Pollution Control Agency(MPCA)and a presentation at a public hearing. Submittal of the report will follow the review and comment at the public hearing. The Annual Report must be submitted to the MPCA by June 30, 2013. At the end of the annual report presentation and public hearing, staff will discuss coal tar-based sealants. A sample ordinance, jointly produced by the MPCA and the League of Minnesota Cities is attached. BUDGET IMPACT The NPDES Phase II Program requirements are incorporated in the City's annual budget. ACTION REQUESTED For Council's information. Respectfully Submitted, Jennifer Dullum Natural Resource Specialist 110 A CITY ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS INTRODUCTION AND INSTRUCTIONS: This ordinance contains a number of provisions a city may adopt.A city wishing to adopt this ordinance should review it with the city attorney to determine which provisions are suited to the city's circumstances.A city can modify this ordinance by eliminating provisions that concern activities it does not seek to regulate.The city attorney should review any modifications to ensure they conform to state law. This model ordinance is drafted in the form prescribed by Minn. Stat. §412.191, subd.4, for statutory cities.Home rule charters often contain provisions concerning how the city may enact ordinances.Home rule charter cities should consult their charter and city attorney to ensure that the city complies with all charter requirements.If your city has codified its ordinances,a copy of any ordinance regulating the use of coal tar-based sealers must be furnished to the county law library or its designated depository pursuant to Minn. Stat. §415.021. This ordinance may affect current blacktop sealer practices within the city's jurisdiction. Therefore,prior to ordinance adoption,the city may want to provide commercial sealer companies,city residents,and other interested persons an opportunity to provide input. 111 ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS WITHIN THE CITY OF , MINNESOTA SECTION 1. PURPOSE. The City of understands that lakes,rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational,cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of , in order to protect,restore,and preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context,all terms shall be given their commonly accepted definitions. For the purpose of this ordinance,the following definitions shall apply unless the context clear indicates or requires a different meaning: ASPHALT-BASED SEALER.A petroleum-based sealer material that is commonly used on driveways,parking lots,and other surfaces and which does not contain coal tar. COAL TAR.A byproduct of the process used to refine coal. UNDILUTED COAL TAR BASED SEALER.A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways,parking lots and other surfaces. CITY.The City of MPCA. The Minnesota Pollution Control Agency. PAHs.Polycyclic Aromatic Hydrocarbons.A group of organic chemicals formed during the incomplete burning of coal, oil,gas, or other organic substances. Present in coal tar and believed harmful to humans, fish,and other aquatic life. 112 SECTION 3. PROHIBITIONS. A. No person shall apply any undiluted coal tar-based sealer to any driveway,parking lot, or other surface within the City of . B. No person shall contract with any commercial sealer product applicator,residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway,parking lot, or other surface within the City. C. No commercial sealer product applicator,residential or commercial developer,or other similar individual or organization shall direct any employee, independent contractor, volunteer,or other person to apply any undiluted coal tar-based sealer to any driveway,parking lot, or other surface within the City. SECTION 4. EXEMPTION. Upon the express written approval from both the City and the MPCA,a person conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 3. SECTION 5.ASPHALT-BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. SECTION 6. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars($1,000.00)or imprisonment for not more than ninety(90) days,or both,plus the costs of prosecution in either case. SECTION 7. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction,the validity of the remaining provisions shall not be affected. 113 SECTION 8. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication,or upon the publication of a summary of the ordinance as provided by Minn. Stat. §412.191, subd.4,as it may be amended from time to time,which meets the requirements of Minn. Stat. § 331A.01, subd. 10,as it may be amended from time to time. Passed by the Council this day of , 20 . Mayor Attested: Clerk 114 %Z., 4AR , City of Farmington w 430 Third Street ! ...- Farmington,Minnesota ` �, � 651_463.7111 •Fax 651.463.2591 A wwwci.iarrnington.mn TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: Award Contract—TH-3 East Frontage Road Sanitary Replacement Project DATE: March 18, 2013 INTRODUCTION/DISCUSSION The City Council authorized advertisement for bids for the TH-3 East Frontage Road Sanitary Replacement Project at the February 19, 2013, City Council meeting. Bids were opened on Thursday, March 14, 2013. Five bids were received as shown on the bid summary below: Contractor Bid McNamara Contracting, Inc. $117,583.26 Friedges Contracting $118,414.30 Minnesota Dirtworks $122,653.30 R.A.W. Construction $128,949.97 Burschville Construction, Inc. $136,578.75 Based on the bids that were received, staff recommends awarding the contract to McNamara Contracting, Inc., for the bid price of$117,583.26. BUDGET IMPACT The low bidder on the project was McNamara Contracting, Inc., with a base bid of$117,583.26. This compares to the engineer's estimate of $117,300. The project will be funded from a combination existing sanitary sewer funds and a grant from the Metropolitan Council. The estimated funding for the project is as follows: Met. Council Grant $ 23,328.00 Sanitary Sewer Trunk $ 94,255.26 Total: $ 117,583.26 The 2013 budget includes$95,000 for this project. 115 TH-3 East Frontage Road Sanitary Replacement Project Award March 18,2013 Page 2 of 2 ACTION REOUESTED Adopt the attached resolution accepting the base bid of McNamara Contracting, Inc. in the amount of$117,583.26 and awarding the project. Respectfully Submitted, Kevin Schorzman, P.E. City Engineer cc: file 116 RESOLUTION NO. R19-13 AWARD BID FOR PROJECT NO. 13-01 TH-3 EAST FRONTAGE ROAD SANITARY REPLACEMENT PROJECT 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 18th day of March, 2013 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Fogarty Members absent: Donnelly Member Fogarty introduced and Member Bartholomay seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the TH-3 East Frontage Road Sanitary Replacement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement from firms determined to be responsible and competent for the Project: Contractor Bid Low Bid McNamara Contracting, Inc. $117,583.26 #2 Friedges Contracting $118,414.30 #3 Minnesota Dirtworks $122,653.30 #4 R.A.W. Construction $128,949.97 #5 Burschville Construction, Inc. $136,578.75 ; and, WHEREAS,the firm of McNamara Contracting, Inc. is the lowest responsible bidder. NOW THEREFORE,BE IT RESOLVED that: 1. The base bid of McNamara Contracting, Inc. in the amount of $117,583.26, is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of March, 2013. � Mayor Attested to the /9-l'h day of March, 2013. - 1 y Administra SEAL /®a., r rj cA ii& City of Farmington k 430 Third Street 3, Farmington,Minnesota 651,280.6800•Fax 651 280.6899 noir w ww.ci.larmingta m.mn.ur TO: Mayor,Council Members,City Administrator FROM: Tony Wippler,Assistant City Planner SUBJECT: Ordinance Amending Section 6-4-2 related to Keeping Animals within the City and Adding Section 10-6-29 Chickens on Urban Residential Lots DATE: March 18,2013 INTRODUCTION Attached, for Council's consideration is an ordinance amending Section 6-4-2 related to Keeping Animals within the City and adding Section 10-6-29 to the Zoning Code related to Chickens on Urban Residential Lots. DISCUSSION The main components of the proposed ordinance are as follows: • An Urban Chicken Permit would be required for certain residential properties under 2 %2 acres in size on which hen chickens are kept. A public hearing would be held at the Planning Commission and all adjacent property owners would be notified. The permit would be valid for one(1)year. A renewal permit would have to be applied for and approved administratively each year after the initial Planning Commission approval, if the keeping of hen chickens is to be continued on the property. It should be noted that an inspection of the property will be made a minimum of once a year to verify compliance with the ordinance. The inspection will take place at time of the renewal permit. The ordinance does allow for additional inspections as necessary. • The permit can be terminated for violation of the ordinance. Additionally, if the owner of hen chickens, who has an approved permit, moves from the premises approved for said hens the permit will automatically become null and void. • Subject properties would have to be located within an R-1 (Low Density Residential)Zoning District and have a minimum lot size of 10,000 square feet. • The maximum number of hen chickens allowed would be six(6)on an approved property. • Roosters are not allowed. • Shelter and Enclosure requirements. o Chicken coops and runs cannot be placed in the front or side yards of properties and cannot be placed within any drainage and utility easements. o Chicken coops and runs must be set back a minimum of 25 feet from any principal structures on adjacent lots and have a minimum 10 foot setback from all property lines. o Chicken coops must have a maximum size of 10 square feet per chicken(60 square feet max) and cannot exceed 8 feet in height. Chicken runs must not exceed 20 square feet per chicken (120 square feet max)and fencing must not exceed 6 feet in height. o Chicken coops must be elevated a minimum of 12 inches and a maximum of 36 inches above the ground to allow air circulation. • Screening requirements. o Chicken coops and runs must be screened with a solid fence or landscaped buffer with a minimum height of 4 feet. 118 If the ordinance is adopted,the fee schedule would have to be amended to account for the Urban Chicken Permit and the Renewal Permit. If the ordinance is approved, staff will be suggesting a$100 fee for the initial Urban Chicken Permit and $25 for the yearly renewal permit. It is staffs belief that these fees would cover the City's costs associated with the permits. Also attached, for the Council's information, are the proposed forms for the permits as required in the proposed ordinance. Planning Commission Review The Planning Commission held a public hearing on this proposed ordinance on March 12,2013,and took public comment. The Commission recommended approval of the attached ordinance with a vote of 5-0. Staff did receive one email regarding the proposed ordinance asking that the Commission not give a favorable recommendation to the City Council. The email is attached for Council's information. ACTION REQUESTED Consider the adoption of the attached ordinance amending Section 6-4-2 related to Keeping Animals within the City and Creating Section 10-6-29 Chickens on Urban Residential Lots. Respectfully submitted, Tony Wippler Assistant City Planner 119 CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. 013-660 AN ORDINANCE AMENDING SECTION 6-4-2 RELATED TO KEEPING ANIMALS WITHIN THE CITY AND ADDING SECTION 10-6-29 CHICKENS ON URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-4-2 is amended by adding the underlined language as follows: 6-4-2: KEEPING ANIMALS WITHIN CITY: (A)Definitions: The following terms shall have the following meanings: FARM ANIMALS: Cattle,hogs,bees, sheep,goats,chickens,turkeys,horses,and other animals commonly accepted as farm animals in the state of Minnesota. HOUSE PETS:Animals such as dogs,cats,birds(not including pigeons,chickens,geese,turkeys or other domestic fowl),gerbils,hamsters,rabbits(including those normally sheltered outside of the principal structure),and tropical fish,that can be contained within a principal structure throughout the entire year,provided that the containment can be accomplished without special modification to the structure that would require a building permit,excluding wild or domesticated wild animals. (B)House Pets: The keeping of house pets is a permitted accessory use in all zoning districts. (C)Farm Animals: The keeping of farm animals,with the exception of chickens on urban residential lots which are regulated under section 10-6-29 of the City Code,is a permitted accessory use in all zoning districts provided: 1. The minimum lot size is two and one-half(21/2)acres. 2.Farm animals may not be confined in a pen,feedlot or building within one hundred feet(100')of any residential dwelling not owned or leased by the keeper of the animals,unless: (a)The animals were kept prior to the adoption of this section,or (b)The animals were kept after the adoption of this section but prior to the existence of a residence within one hundred feet(100'). (D)Prohibition: With the exception of the keeping of animals allowed by subsections(B)and(C)of this section,no other animals are allowed except by interim use permit as regulated under the provisions of section 10-3-7 of this code. (E)Commercial Purposes:Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (F)Nuisance Animals: Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. (G)Animal Enclosures: Animal enclosures shall be subject to the accessory structure requirements of section 10-6-6 of this code.(Ord. 003-503, 11-17-2003) SECTION 2. Title 10 of the City Code is amended by adding Section 10-6-29 to read as follows: 10-6-29: CHICKENS ON URBAN RESIDENTIAL LOTS: (A)Permit Required: An Urban Chicken Permit shall be required for the keeping of any hen chickens on residential property less than two and one-half(2 '/2)acres in size, provided said property is zoned R- 1 (Low Density Residential)and has a minimum lot size of 10,000 square feet. The keeping of chickens on lots two and one-half(2 1/2)acres and larger are regulated under Section 6-4-2. An Urban Chicken Permit requires a public hearing be held by the Board of Adjustment after a fee,established by the City Council, is paid and all adjacent property owners are notified. Supporting information/ documents to be submitted to the Planning Division with an Urban Chicken Permit application are: (a) Number of chickens to be kept on the property. (b) Site plan or property survey showing the proposed location of the chicken coop and/or chicken run on the subject property. (c) To-scale building plan, including elevations,of the proposed coop and/or run. (B) Duration of Permit: The Urban Chicken Permit shall be valid for one(1)year from the date of Board of Adjustment approval. A renewal permit will be required every year after the initial Board of Adjustment approval that chickens are kept on an approved residential lot. An application for a renewal permit shall be filed with the City 30 days prior to the expiration of the current permit. The Urban Chicken Permit may be terminated or not renewed for violations of the ordinance following notice to the permit holder and an opportunity for a hearing at the Board of Adjustment. The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established yearly by the City Council. (C) Automatic Termination of Permit: If the owner of hen chickens,who has an approved permit,moves from the premises approved for said hens the Urban Chicken Permit shall automatically become null and void. (D)Limitation on the Number of Chickens: No person shall keep on any single-family or two-family residential property more than three(3)total hen chickens. (E) Three or more Dwelling Unit Properties: Chickens are not allowed on properties that contain three (3)or more dwelling units. (F) No Roosters: No person shall keep roosters,or adult male chickens, on any residentially zoned property less than two and one-half(2 '/2)acres in size. (G)No Cockfighting: Cockfighting is specifically prohibited within the City. (H)No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties. (I) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. (J) Confinement: Every person who owns,controls,keeps,maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Chickens are not allowed to be located in any part of the home and/or garage. (K) Shelter and Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the principal structure. 3. One(1)chicken coop and/or chicken run will be allowed per residential lot provided the maximum lot coverage of the underlying zoning district is not exceeded. 4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easements found on residential lots. 5. Any chicken coop or run shall be set back at least twenty-five(25')feet from any principal structure on adjacent lots and a minimum of ten(10')feet from all property lines. 6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four(4')feet. All fencing shall be in accordance with Section 10-6-12 of the City Code. 7. All chicken coops must have a maximum size of ten(10)square feet per chicken and must not exceed eight(8')feet in total height. Fenced in chicken runs must not exceed twenty(20)square feet per chicken and fencing must not exceed six(6')feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 8 Chicken coops must be elevated a minimum of twelve(12") inches and a maximum of thirty six (36") inches above grade to ensure circulation beneath the coop. 9 Chicken grains and feed must be stored in a rodentproof container. (L) Conditions/Maintenance and Inspection: No person who owns, controls,keeps,maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the City. SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 18th day of March, 2013, by the City Council of the City of Farmington. CITY OF FARMINGTON By: zC'o �� Todd Larson,Mayor ATTEST: By: 1� avid McKnigh ministrator SEAL �� /� Approved as to form tl�r��9 a..�(y ofi�77�-t, 20 /3. ity Atto .�h Summary published in the Independent Town Pages the :/V' day of "7G , 20/3. CITY OF FARMINGTON COUNTY OF DAKOTA STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 013-660 AN ORDINANCE AMENDING SECTION 6-4-2 RELATED TO KEEPING ANIMALS WITHIN THE CITY AND ADDING SECTION 10-6-29 CHICKENS ON URBAN RESIDENTIAL LOTS NOTICE IS HEREBY GIVEN that, on March 18, 2013, Ordinance No. 013-660 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 013-660, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the intent of the ordinance is in order to allow and set regulations on the keeping of chickens on certain urban residential lots. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 18th day of March, 2013. • Todd Larson, Mayor ATTEST: David McKnig it Administrator SEAL Approved as to form th ay of March, 2013. C',e ttorney Published in the Independent Town Pages the c9eday of 2.-1 a , 2013. CITY OF FARMINGTON PERMIT PROCESS Urban Chicken Permit The following is the process to obtain a permit to keep chickens on certain urban residential lots(must be Zoned R-1 and have a minimum of 10,000 square feet)within the City of Farmington. NOTE: An Urban Chicken Permit is only good for one(1)year from the date of Planning Commission approval. A Renewal Permit is required every year after the initial Planning Commission approval that chickens are kept on an approved urban residential lot. The Renewal Permit is approved administratively. 1. Submit application and all appropriate forms,information, documentation and fees. Information and documentation includes,but not limited to: a. Number of chickens to be kept on property b. Scaled site plan or property survey showing the proposed location of the chicken coop and/or chicken run on subject property c. To-scale building plan,including elevations and building materials,of the proposed coop and/or run 2. A public hearing will be held at the City's Planning Commission within 60 days following receipt of a complete application. 3. Notice of public hearing shall be published at least ten(10)days prior to the hearing. 4. All adjacent property owners to the subject property shall be notified by post mail ten(10)days prior to the hearing. 5. The Planning Commission may grant or deny the application after the close of the public hearing based on information obtained at the hearing. 6. If an initial Urban Chicken Permit is granted, every year after that chickens are kept on the subject property a Renewal Permit must be administratively approved by the City's Planning Department. The Renewal Permit is required to be submitted 30 days prior to the date the initial Urban Chicken Permit was approved by the Planning Commission. 7. Fees: Urban Chicken Permit Fee $100 Renewal Permit Fee $25 If you have questions,please contact: Lee Smick,City Planner (or) Tony Wippler,Assistant City Planner City of Farmington 430 Third Street Farmington,MN 55024 Tel: 651-280-6800 Fax: 651-280-6839 E-mail: lsmick @ci.farmington.mn.us twippler @ci.farmington.mn.us 125 4. City of Farmington 410 Third Sweet Izumingten,Minneia .\\ . ...'r 6512,500511U•Fax 631360 fib IURBAN CHICKEN PERMIT APPLICATION ❑ Please identify coop and run information on a scaled site plan or property survey that shows lot lines,structures and existing conditions. Site Address for chickens: The above referenced property's Homeowner's Association rules, if any,do not prohibit the keeping of chickens on the property: (please initial) Yes No Not Applicable Applicant: Phone: Address: Street City State Zip Code Property Owner Name: Phone: Address: Street City State Zip Code Property Owner Signature (If different than applicant): Date: Current Zoning District: Current Land Use: Coop/Run Information Number of Chickens: Dimension of chicken coop: (detailed plans&elevations required) Dimension of chicken run: (detailed plans&elevations required) Description of exterior materials for the coop and run: Will a fence be added in addition to the coop and run? Yes No If yes,describe location,size and materials for fence: 1 126 I hereby acknowledge that this information is complete and accurate;that the work will be in conformance with the ordinances and codes of the City of Farmington;that I understand this is not a permit,but only an application for a permit. I acknowledge that structures will be constructed in accordance with the approved plans. Applicant's Printed Name Applicant's Signature Date FOR OFFICE USE ONLY Request submitted to Planning staff on Public Heating set for Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid City Council Action(if necessary): Approved Denied $100 bate for Renewal,if approved: Comments: Conditions Set: Planning Division: Date: DRAFTED BY: City of Farmington 430 Third Street Farmington,MN 55024 2 127 1 H en W U o U a cgt P4 A cd N a. . c E ,., ... Nu A w£.0 A S U <4A aA z 0 N d a N N Dog al Pi o -o id oo � i a 4 N N y i Ila 1,27 6:14 rn 42 cn -o 8 �.. U 4., -•-� -o 0 U 0 4 v t,0., C', rn CL,• cd O N 4-.. '0 r^E 'C aa � � %.A a 0� y O V a- U O .5 c Cl) 6p Cl) rn - •� Ao 3 .4 w 3 � ' a ^o 0r4. y 3 U a A a� 4• a i O O I. N a O G m b y '�' N 0 b b aU 0 6S .. a w Cl) ¢ At ¢ aG Z U U tn o ¢ V Tony Wippler From; Lee Smick Sent: Tuesday,March 12,2013 8:51 AM To: Tony Wlppler Subject: RN: Planning Meeting Lee Smick, AICP CNU-A City Planner/Economic Development City of Farmington 430 Third Street Farmington, MN 55024 651-280-6820 Work 651-280-6899 Fax Original Message Front: Richard Orndorff Sent: Monday, March 11, 2013 5:14 PM To: Lee Smick Subject: Planning Meeting In my opinion the Planning Commission should not recommend that chickens be allowed in Farmington. Who will monitor them? We already have enough unmowed lawns, unshoveled sidewalks, unwanted cars and campers along with lawn mowers sitting on lots. I happen to have a left over from the 1930s or 1940s chicken coup next to my driveway between Oak and Spruce. The roof was caved in and the fence falling over it. The owner finally pulled the walls together and roofed it. Now it is full of stuff, the fence still tipping and inside the fence sits two 55 gallon drums of something. What happens to the dead chickens? Coups are good places for lice to be. Left over food brings rats, yes rats and mice. Its the same as dog food and feces. Skunks like the eggs and the coyote and feral cats love chickens. Take your time and think this through If I was home I would be there in person. Thank You Dick Orndorff • • 1 129 /0Z 44--- City of Farmington ic'-, + 325 Oak Street t° 7r'".. i Farmington, Minnesota \' ,8j 651.463.7111 -Fax 651.463.2591 vt.w.ci.Tirmin,WWon.mnus TO: Mayor, Council Members and City Administrator FROM: Todd Reiten, Director of Municipal Services SUBJECT: Adopt Resolution—Solid Waste Truck Bid Award DATE: March 18,2013 INTRODUCTION On March 12, 2013 sealed bids for a new automated refuse packer and chassis were accepted. DISCUSSION An Advertisement for Bids was placed in the Farmington Independent and three copies of specifications were mailed to interested bidders. Two sealed bids were received by the City. The companies providing bids for this equipment were as follows: Company Cab& Side Loader Trade-In Trade-In Total Bid Chassis 2003 2001 Peterbilt Peterbilt MacQueen $134,225 $118,754 $28,000 $22,000 $202,979 Equipment McNeilus Truck& $130,000 $108,750 $10,000 $7,000 $221,750 Manufacturing 1 The bid submitted by MacQueen Equipment for a packer and chassis meets the required specifications. BUDGET IMPACT The approved amount in the 2013 Capital Outlay Budget for the purchase of the new Solid Waste automated refuse packer and chassis was$220,000. The apparent low bid that meets the specifications is from MacQueen Equipment in the amount of$252,979 minus$50,000 for the trade-ins of the 2001 and 2003 Peterbilts for a net effect on the budget of$202,979. ACTION REQUESTED Adopt the attached resolution awarding the bid to MacQueen Equipment in the amount of$202,979 for the purchase of a new Solid Waste automated refuse packer and chassis. Respectfully Submitted, Todd Reiten Director of Municipal Services 130 RESOLUTION No. R20 - 13 AWARDING BID FOR AN AUTOMATED REFUSE COLLECTION BODY AND CHASSIS 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 18t day of March, 2013 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Fogarty Members Absent: Donnelly Member Fogarty introduced and Member Bartholomay seconded the following: WHEREAS,pursuant to properly published notice, bids were received, opened and tabulated, which complied with the advertisement; and WHEREAS,the City Council has received a recommendation from the Director of Municipal Services on the award for this equipment purchase. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby awards the contract for the Solid Waste automated refuse collection body and chassis to MacQueen Equipment, Inc. in the amount of$202,979.00. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of March, 2013. ayor Attested to the /9 day of March, 2013. O Administrat SEAL /De__ 4041-4, City of Farmington ti� 430 Third Street Ire Farmington,Minnesota 651.280.6800•Fax 651.280.6899 A° w+ww.ci.harrningum mn iu TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: 2013 Seal Coat Project DATE: March 18, 2013 INTRODUCTION/DISCUSSION Bids for street maintenance services were received by Burnsville on March 12, 2013,with the bid award expected to take place at the Burnsville Council meeting on March 20,2013. The following is a summary of our costs based on the bids received: Seal Coating Streets: $165,743.72 Seal Coating Parking Lots: $ 5,471.40 Crack Sealing: $ 19,338.82 Pavement Marking $ 6,597.10 Administrative Fee(1/2%of total cost): $ 985.76 Total: $198,136.80 The bid prices this year were very favorable for all items. Seal coating prices decreased by approximately 4.5%, crack sealing prices increased by approximately 2%, and painting prices decreased by approximately 0.6%. The cost for the above-mentioned items will be paid for using money from the City's seal coating fund. Attached for Council's information is a chart showing actual and projected costs for seal coating, and how they compare to available finding. As you can see, we continue to project that the total 7-year cost will be very close to the available funding. Staff does not believe that there is any need to adjust the funds dedicated to seal coating next year. In 2012,the South Metro Joint Powers group,which the City has been a part of for 8 years, began including bituminous fog sealing for trails as part of their bidding process. Also, in 2012, the City Council began allocating funds for trail maintenance. In 2012,Council allocated $15,000 for maintenance of the City's trail system. These funds were used to seal coat approximately 2 miles of trail along Pilot Knob Road at the north end of town. They were also used to reconstruct a portion of trail near the ice arena that had deteriorated to the point where reconstruction was necessary. 132 2013 Seal Coat Project March 18,2013 Page 2 of 3 In 2013, Council allocated$30,000 towards trail maintenance. Because of the favorable prices for fog sealing trails this year, and because of Council's continued commitment to maintain the City's trail system, approximately 7.7 miles of the City's trail system will be able to be fog sealed in conjunction with this year's South Metro Joint Powers Street Maintenance contract. The following is a summary of our costs for trail fog sealing based on the bids received: Bituminous Fog Sealing(trails): $ 16,424.04 Administrative Fee (1/2%of total cost): $ 82.12 Total: $ 16,506.16 As mentioned above, this year's prices were very favorable. This year's price for bituminous fog sealing of trails was approximately 29% less than last year. The cost for the bituminous fog sealing will be paid for using money allocated for trail maintenance. After paying for fog sealing this year, we will still have approximately$13,500 to put toward more aggressive maintenance treatments(reconstruction, overlay, etc.) for other sections of trail that have deteriorated beyond the point where fog sealing is an appropriate maintenance method. BUDGET IMPACT The costs associated with the seal coating and the trail maintenance are included as separate items in the 2013 budget. ACTION REQUESTED Provided for Council's information Respectfully Submitted, Kevin Schorzman, P.E. City Engineer 133 2013 Seal Coat Project March 18,2013 Page 3 of 3 te — E N N W rga 01 O 07 O 01 O O O O O O O O O O O O O O O O O O O O O O O O O fA O O O O O O O O O O O O O O O O O O I N O N % . N O 0110 W \ , N 41000 O_ -A CX> W CO W N -G //A O O v `\ (31 N U 40. N N O O ;.N.s 6) :.) NJ N i O--A -cr4. \ OD IP 1 . Co ER N a --- 1 N I- TI S. o c D K 0 C 0 m c c < z n. + n + N W 134