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07.06.15 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 Tim Pitcher AGENDA REGULAR CITY COUNCIL MEETING July 6, 2015 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGL4NCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Adopt Resolution—Accepting Donation Louis Schmitz Foundation to Parks and Recreation Department Postponed 7/20/15 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 (6/15/15 Regular)—Administration Approved b) Adopt Resolution—Approving Gambling Event Permit Farmington Fire Fighters Auxiliary—Administration R24-15 c) Adopt Resolution—Approving Gambling Event Permit Rocky Mountain Elk Foundation—Administration R25-15 d) Amend Ordinance Pertaining to Police Regulations—Administration Ord 015-698 e) Appointment Recommendation Fire Department—Human Resources Approved f) Appointment Recommendation Fire Department—Human Resources Approved g) Approve Adjustment in Hours for Two Positions in the Police Department— Human Resources Approved h) Adopt Resolution—Accept Donations Rambling River Center—Parks and Recreation R26-15 i) Adopt Resolution—Accept Donations 2015 Dew Run—Parks and Recreation R27-15 j) Approve Request to Purchase Fire Department Radios—Fire Department Approved k) Adopt Resolution—Accepting Donation to the Fire Department—Fire Department R28-15 1) Adopt Resolution—Approving 195th Street Project Bond Proceeds Reimbursement R29-15 m) Approve Bills -Finance 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) Approve Therapeutic Massage License for Ellen Keske -Administration Approved 9. AWARD OF CONTRACT a) Approve Reliance Communications, LLC—CivicLive License Agreement— Human Resources Approved 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Approve Change Order#1 and Final Pay Request 2014 Pond Dredging Project—Engineering Approved b) 2015 Communications Guide—Human Resources Information Received 11. UNFINISHED BUSINESS a) Street Light Installation Upper 183`d Street West- Engineering Postponed 12. NEW BUSINESS a) Future Plans for Outdoor Pool—Administration Information Received b) Economic Development Authority Structure-Administration Information Received 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) AFSCME/LELS Union Negotiations -Administration 15. 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. 41104, City of Farmington 430 Third Street r Farmington,Minnesota 4/1 651.280.6800 -Fax 651.280.6899 ''•r•A www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation from Louis Schmitz Foundation to the Parks and Recreation Department DATE: July 6,2015 INTRODUCTION The city council previously approved an agreement with the Louis Schmitz Foundation(the foundation) at its June 3,2013 meeting that allowed the foundation to provide funding annually to the Parks and Recreation Department. DISCUSSION On June 19,2015 the foundation held its fourth annual golf fundraising event at Southern Hills Golf Club.Prior to the event beginning,the foundation presented a$1,200.00 ceremonial check to Recreation Supervisor Nicole Gorman for the purchase of two memorial benches that will be installed by the Oak Street entrance area of the Rambling River Center. The benches will provide a nice complement to the planned concrete entrance improvements that will occur this summer. Staff has invited a member of the foundation's board to attend the July 6,2015 city council meeting to present the $1,200.00 ceremonial check to Mayor Larson for the purchase of the two memorial benches. The board member attending will also provide some brief information about the following items: • the foundation's mission/purpose and what other items have been funded by the foundation • summary of the June 19, 2015 golf fundraising event that was held at Southern Hills Golf Course • information about future fundraising events the foundation has planned in the next year BUDGET IMPACT NA ACTION REQUESTED To adopt the attached resolution accepting and recognizing the foundation's generous donation of $1,200.00 that will be used to fund the purchase and installation of two memorial benches by the Oak Street entrance area of the Rambling River Center. ATTACHMENTS: Type Description 13 Resolution Donation Resolution RESOLUTION NO. ACCEPT DONATION OF$1,200.00 FROM THE LOUIS SCHMITZ FOUNDATION TO THE PARKS AND RECREATION DEPARTMENT FOR TWO MEMORIAL BENCHES 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 6th day of July,2015 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a donation of$1,200.00 has been made by the Louis Schmitz Foundation to the Parks and Recreation Department;and, WHEREAS, the donation will be used to purchase two memorial benches that will be installed by the Rambling River Center's Oak Street entrance area;and, WHEREAS, it is required by State Statute that this donation be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$1,200.00 from the Louis Schmitz Foundation to the Parks and Recreation Department that will be used to purchase two memorial benches that will be installed by the Rambling River Center's Oak Street entrance area. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of July, 2015. Mayor Attested to the 6th day of July,2015. City Administrator SEAL o�Fniir City of Farmington s 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 d4.4.4 No" www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Approve City Council Meeting Minutes(6/15/2015 Regular)-Administration DATE: July 6,2015 INTRODUCTION Attached are the draft June 15,2015 city council minutes. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached June 15,2015 city council minutes. ATTACHMENTS: Type Description 13 Exhibit June 15, 2015 City Council Minutes COUNCIL MINUTES REGULAR June 15, 2015 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay, Bonar,Donnelly,Pitcher Members Absent: None Also Present: Andrea Poehler, City Attorney; David McKnight, City Administrator; Robin Hanson, Finance Director;Jim Larson, Fire Chief;Adam Kienberger, Community Development Director; Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer; Todd Reiten,Municipal Services Director;Brenda Wendlandt, Human Resources Director;Lena Larson,Municipal Services Coordinator; Cynthia Muller,Executive Assistant Audience: 4. APPROVE AGENDA Councilmember Bonar pulled item 7c)Amend Ordinance Pertaining to Police Regulations for discussion. Councilmember Bartholomay pulled this item to table it for further revisions. City Administrator McKnight added items 71)Appointment Recommendation Finance Department and 12a)Financial Review 1st Quarter 2015. MOTION by Bartholomay, second by Pitcher to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Bonar to approve the Consent Agenda as follows: a) Approved Council Minutes(6/1/15 Regular)(6/8/15 Work Session)- Administration b) Approved 2016 ALF Ambulance Budget-Administration c) Tabled Ordinance Amendment Pertaining to Police Regulations-Police d) Adopted RESOLUTION R22-15 Accepting Donation for Pollution Prevention Day—Municipal Services e) Adopted RESOLUTION R23-15 Accepting Donation to the Rambling River Center—Parks and Recreation 0 Approved Seasonal Hiring—Human Resources Council Minutes(Regular) June 15,2015 Page 2 g) Approved Appointment Recommendation Finance and Liquor Operations— Human Resources h) Acknowledged Retirement Fire Department—Human Resources i) Acknowledged Retirement Fire Department—Human Resources j) Acknowledged Retirement Finance Department—Human Resources k) Approved Additional Staff Issued Business Credit Cards-Finance 1) Approved Appointment Recommendation Finance Department—Human Resources m) Approved Bills APIF,MOTION CARRIED. c) Amend Ordinance Pertaining to Police Regulations-Administration Councilmember Bonar commented on a few of the changes made to this ordinance to bring the ordinance up to date. This will be brought back to the next meeting due to minor revisions requested by Councilmember Bartholomay. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 2015 Curbside Cleanup Summary—Municipal Services This is the 15t year of the curbside cleanup program and the weight of the garbage and electronics collected is the highest it has ever been. There was 462.68 tons of garbage,257,712 pounds of electronics and 690 appliances. The total cost of the project was$187,573.23 and exceeded the budget amount by 10%. The overage will be covered through the solid waste budget by reducing other line items. b) Approve Agreement Hillview Park Trail Construction Project—Parks and Recreation The master plan provided for a paved looped trail in Hillview Park. The trail would be 780 linear feet. The low quote was received from Kevin Casey LLC contracting Services in the amount of$35,205. The park improvement fund identified$25,000 for this project. To make up for this amount,two park signs will not be purchased and an additional $2,000 will come from the fund balance. Hillview Park is classified as a class three park where very little mowing is done and is left in its natural state. Mowing will be done once or twice during the summer. It does not have playground equipment or a shelter and is not classified as a neighborhood park. Vegetation on the hillside is kept long to prevent erosion. Council noted the trail crossing would be on the darkest section of the road and suggested installing a street light at the crossing. There is also no reflective barrier at the end of the road when driving west. Council discussed alternatives to an asphalt trail, such as cutting the grass short or using wood chips. The balance Council Minutes(Regular) June 15,2015 Page 3 in the park improvement fund is $212,000 and$77,000 is dedicated to parks that are not yet complete, so $135,000 is available for other parks. Park improvement funds cannot be used for maintenance. It has to be used for development or improvement of parks. The cost of a cobra street light is less than$1,000 and could be placed on the northwest corner of the turn. If the corner is lit,that should take care of reflective signage at the end of the road. The master plan does call for two playground structures. This would be done when land to the west develops. The entire park covers three acres. Council agreed to mow a trail and use natural materials such as wood chips and wait for an asphalt trail until development occurs. MOTION by Larson, second by Pitcher to deny the asphalt bid and look at alternatives for a natural trail, install a street light and mow according to the current schedule. APIF,MOTION CARRIED. c) Community Solar Subscriber Collaborative—Community Development Legislation is in effect to require Xcel Energy to produce via solar energy a percentage of its total retail electric sales to retail customers in Minnesota by 2020. Basically, does it make sense for the city to explore pursuing the opportunity to purchase solar energy at a rate that could save the city money on utility costs through Xcel Energy over 25 years. The Met Council is asking cities in the metro area to participate in an RFP to establish solar gardens. The first step is to send the Met Council a non-binding letter of intent to participate in the RFP. The solar garden can be located anywhere in the twin cities. We would subscribe to any solar array in Dakota County or in an adjacent county. The rate would be procured through the RFP with a solar developer. This would be a way to lower our utility usage of power purchased through Xcel Energy. The RFP would be published in July 2015 and sub-agreements would be executed in October 2015. Construction would take one to six months. The Met Council will solicit proposals,review them, and make a recommendation for the collaborative as a whole which includes the rates for the solar energy. Staff would work with the city attorney on the type of joint powers agreement for the city to be a subscriber. The city can join the group and also look at this independently. MOTION by Bartholomay, second by Donnelly to authorize the submittal of a letter of intent to the Met Council expressing Farmington's desire to subscribe to solar production via the RFP process. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Financial Review 1st Quarter 2015-Finance At the end of the first quarter revenues and expenses should be at 25%of budget. General fund revenues are at 3%of budget due to property taxes being received in June/July. Building permit revenues are less than 2014 and are behind budget for Council Minutes(Regular) June 15,2015 Page 4 2015. If budget adjustments are necessary,they will be brought to Council in early August. General fund expenditures are at 23%of budget. Planning expenditures are at 46%of budget due to a personnel settlement paid out during the first quarter. Snow removal is higher than 25%of budget,but significantly less than 2014. The general fund fund balance decreased$2.1 million to$2.1 million or 18%of the 2015 general fund expenditures. Staff reviewed funds for the Rambling River Center,pool, EDA and the ice arena. Ice arena revenues are$13,000 less than last year and youth hockey rental revenue is down by the same amount. Both liquor stores met their gross profit benchmark of 25%. Sales at the Pilot Knob store are down by$11,000 compared to 2014. Downtown store sales are the same as 2014. For the first five months of the year,Pilot Knob store sales are $34,000 less than 2014. b) Fire Department Restructure and Department Update—Fire Department Fire Chief Larsen has reviewed the structure of the Fire Department and recommended some changes. Overall there are 50 members including a fire chief, three assistant chiefs, five captains, six lieutenants and the rest are fire fighters. The restructure reduces the amount of senior staff and pushes some of the responsibilities down to the lieutenants. The amount of captains would be reduced by three and increasing lieutenants by two. There will be very concrete roles and responsibilities. Three assistant chiefs will have responsibility for a division within the fire department. A captain will be assigned to each of them. Those captains will be responsible for a fire station and they will have four lieutenants to assist them with the organizational needs at the assignment level. Interviews are being conducted for various positions. In the past it had been hard to get onto the rescue squad because of the hours. There were 20 members on the rescue squad,of those 18 would be interested in responding to rescue calls and 12 have committed to an EMT class in January. This will provide increased service to our residents. In the restructuring there is not a separate rescue squad. It will be combined into the fire department. MOTION by Bartholomay, second by Bonar to approve the formal restructuring of the Farmington Fire Department. APIF,MOTION CARRIED. Fire Chief Larsen has been evaluating everything the fire department does, increasing training,officers are meeting weekly to go over policy and procedure changes, and rules and regulations. The stations and apparatus are being spruced up. A singular marking system has been developed so all of the fleet looks the same. The relief association is donating funds to pay for this. Fire fighters are very engaged and taking ownership of buildings and the fleet. Council Minutes(Regular) June 15,2015 Page 5 13. COUNCIL ROUNDTABLE Councilmember Pitcher: Lots of Dew Days activities this week. City Engineer Schorzman: The 195th Street contractor encountered Charter Communications main line and some residents have been without service for awhile and it is being repaired. Community Development Director Rienberger: Midwest Dental will be moving into the Tamarack Retail Center and will open this fall. Mayor Larson: Dew Days starts on Tuesday with the Miss Farmington Pageant, Wednesday is the Flavors of Farmington and there is an entire list of events on the Dew Days website. The Farmers' Market starts Thursday with 20 vendors. Mayor Larson has been challenged to a pizza eating contest by Lakeville Mayor Little. He encouraged residents to shop local and support Farmington and community events. 14. ADJOURN MOTION by Bartholomay, second by Pitcher to adjourn at 8:19 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant o�FAliiy City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 , r, 4 , www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Adopt Resolution Approving Gambling Event Permit Farmington Fire Fighters Auxiliary-Administration DATE: July 6,2015 INTRODUCTION The Farmington Fire Fighters Auxiliary Association is requesting a gambling event permit at 21625 Denmark Avenue. DISCUSSION Pursuant to state statute and pertinent city code, an organization must first obtain a resolution from the city, granting permission for gambling to occur at a specific location. The Farmington Fire Fighters Auxiliary Association is requesting approval to conduct turkey bingo at Farmington Fire Station 1,21625 Denmark Avenue, on November 14, 2015. BUDGET IMPACT They are requesting the$50 investigation fee be waived. ACTION REQUESTED Consider the attached resolution approving a gambling event permit for the Farmington Fire Fighters Auxiliary Association at 21625 Denmark Avenue on November 14,2015. ATTACHMENTS: Type Description O Resolution Resolution RESOLUTION NO. R24-15 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON FIRE FIGHTERS AUXILIARY ASSOCIATION 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 6th day of July 2015 at 7:00 p.m. Members Present: Larson,Bartholomay, Bonar,Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,the Farmington Fire Fighters Auxiliary Association has requested the investigation fee be waived; and, WHEREAS,the Farmington Fire Fighters Auxiliary Association has submitted an application for a Gambling Event Permit to be conducted at 21625 Denmark Avenue on November 14,2015,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Farmington Fire Fighters Auxiliary Association at 21625 Denmark Avenue on November 14,2015,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of July 2015. Mayor Attested to the 7 day of July 2015. Administrator SEAL itikR,f City of Farmington g:401 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 "P•A www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Adopt Resolution Approving Gambling Event Permit Rocky Mountain Elk Foundation-Administration DATE: July 6,2015 INTRODUCTION Rocky Mountain Elk Foundation is requesting a Gambling Event Permit for a raffle. 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 2015 budget. ACTION REQUESTED Consider the attached resolution granting a gambling event permit to Rocky Mountain Elk Foundation,to be held at Celts Pub, 200 Third Street, on July 16, 2015. ATTACHMENTS: Type Description © Resolution Resolution RESOLUTION NO. R25-15 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ROCKY MOUNTAIN ELK FOUNDATION 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 6th day of July 2015 at 7:00 p.m. Members Present: Larson,Bartholomay,Bonar,Pitcher • Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher 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,Rocky Mountain Elk Foundation have submitted an application for a Gambling Event Permit to be conducted at 200 Third Street,on July 16,2015,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Rocky Mountain Elk Foundation,to be held at 200 Third Street,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of July 2015. ayor Attested to the 214 day of July 2015. Administrator 4e:4) SEAL 00j ; City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Amend Ordinance Pertaining to Police Regulations-Administration DATE: July 6,2015 INTRODUCTION The city council directed staff to review the City Code and update ordinances as necessary. DISCUSSION County and municipal governments enact laws, often called ordinances,via specific powers granted them by the state. County and municipal ordinances apply to everyone within that governing body's jurisdiction and cannot violate state or federal laws.Many of Farmington's ordinances were enacted prior to the state adopting them as laws. A careful evaluation was done of all Farmington ordinances and those that are covered by state statute have been identified for removal. The City and police department will continue to review remaining ordinances to make sure they are not in conflict with new or existing state statute. The city council had requested further changes to this ordinance at the June 15, 2015 city council meeting. Those changes are reflected in the attached ordinance. A redlined version of each of the sections of the city code proposed for change is attached with this memo for your review. BUDGET IMPACT Expenses related to publication and codification are included in the 2015 budget and will be tracked for this project. ACTION REOUESTED Approve the attached ordinance pertaining to police regulations. ATTACHMENTS: Type Description O Ordinance Ordinance 13 Ordinance Ordinance Summary CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 015-698 AN ORDINANCE AMENDING TITLE 6,POLICE REGULATIONS, OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. That Title 6, Police Regulations, is hereby amended to read in its entirety as follows: TITLE 6 POLICE REGULATIONS Chapter 1 GENERAL OFFENSES 6-1-1: ABANDONED REFRIGERATORS; OTHER CONTAINERS: 6 1 3: ASSAULT: 6 1 5: B B, PELLET CUNS: 6-1-27: BIRDS; INJURY TO: 6-1 11: COLLECTINC CROWDS: • . . • • . Ir. • 6 1 14: CRUELTY: . . • • ' • . . • _ . • . 1.- 6 1 17: DISORDERLY CONDUCT: ' . • - 6 1 20: ESCAPE,AID IN: 6 1 21: ESCAPES: 6 . .. ' - I ' • • . e • . ! • _ ! ' • ' . ! _ . ! . .. 181373v3 6-1-326: GAMBLING: .. • 1 • 1 • 6-1-429: INJURIOUS MATERIAL ON THOROUGHFARES, DEPOSITS OF: 6-1-530: LAWN CLIPPINGS: 1 . ,, • . • 1 . 1 • • I 1 . I $ . I . 1 • 1 I • _ 1 1 . 1 - 1 . • • II • • 1 . _ • • • ! • _ 1 • 1 _ I 11 _P !I • • . . . • • • • . 1 • • _! • £ . %aver 1 6 • _ P 1 . I. 1 . 1 1 • I 1 ' 1 , 1 • 1 1 • 1 • _ - P • • . 6 1 42: POSTING BILLS: 1 1 • 1 1 ,, . • • . • . 6 1 44: PROSTITUTION: 1 1 • • • _ • •or • . • • 6 1 47: RIOT: 6-1-649: SNOW REMOVAL: 6 1 50: SWIND TNC: 6 1 52: VAGRANCY: , P .• 1 • • .. '.• • 6-1-754: WATER FLOWING UPON PUBLIC STREETS: • 1 • • • 1 . 1 • . . 6-1-857: ADOPTION OF CRIMINAL CODE: 6-1-1: ABANDONED REFRIGERATORS; OTHER CONTAINERS: 1 WI It shall be unlawful for any person, being the owner or in possession or control, to permit an unused refrigerator or other container, sufficiently large to retain any child and with doors which fasten automatically when closed,to be exposed and accessible to children, without removing the doors, lids, hinges or latches therefrom. 6 1 2: ADMISSION FEES,FRAUDULENTLY AVOIDING PAYMENT OF:t1 I`� public entertainment or amusement. 181373v3 6 1 3: ASSAULT:" C71 It shall be unlawful for any person to commit assault which is hereby defined as any conduct which places another in reasonable apprehension of receiving a battery. 6 1 4: ASSEMBLY, UNLAWFUL:" the command of an officer so to do. 6 1 5: B B; PELLET GUNS:" "t ! " any instrument, toy or weapon commonly known as a "peashooter", "slingshot" or "beany", or (1970 Code) . (Rep. 8 16 71)4'1 1131� _ . _ ..• 6-1-27: BIRDS; INJURY TO:tt It shall be unlawful for any person to kill or wound, or attempt to kill or wound, by use of a firearm, slingshot,bow and arrow or otherwise, any bird other than English sparrows, or to take the eggs or young of any bird. 6-1 8: BURGLAR TOOLS(BL1]:1 [-1 of any description, unless it be shown that the possession is innocent or for a lawful purpose. 6-1 9: CIGARETTES OR FTOBACCOiB1at, SALE OF TO MINORS: 1 1 `1 It shall be unlawful for any person to sell or give away, directly or indirectly, to any person under 6 1 10: COHABITATION, LEWD: ' N'1 It shall be unlawful for any man or woman not being married-to-each other, to live and cohabit 6 1 11: COLLECTING CROWDS:" NI It shall be unlawful for any person to collect within the City a crowd of people to the annoyance of the citizens thereof or to the annoyance or injury of the public. 181373v3 • k k • . I ) 'r wr conceal knowledge of any unlawful act as defined in this Code. 6 1 13: CONTRACEPTIVES; SALE OF:t---1 1=i whatsoever any article, drug or medicinal prep . • -, --. . . • -=, : :: • : . •- - . - pharmacist. distributor of the medicines, drugs or articles. 6-1 14: CRUELTY:ill I'l 6 1 15: DANCEROUSSs1.3] WEAPONS:tj It shall be unlawful for any person to do any of the following: of others; - - . : -- .. _ . . . -- . - : : • . . .. _ -- safety of another; (C) Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or towards another; (D) Manufacture or sell for any unlawful purpose any weapon known as a sling shot or sand e automatically; a weapon against another; firearm; 181373v3 •• • : . -- •. - ' . . . . ' • - , . - - . - . . . .. -- - I . • -, -presence, a firearm or airgun of any kind, or any ammunition or explosive; - : , ' . - . -- .. • - - - - . -• . - - . _ . . . . -- ' - - ;. - - -- V i l l a g e. _ . . . . BL41: I come within the purview of the juvenile authorities; and it shall likewise be unlawful for any person, after notice that a driver's license of any child has been suspended or revoked,to permit such child to operate a motor vehicle during the period that such driver's license is suspended. : ! - • '•! - - e . _ 'BL5]: I conduct or behavior. BL6] THE PEACE:t1 Li It shall be unlawful for any person, willfully, maliciously, intentionally or unnecessarily,to • Cede) •. • • I1311 (Rep. 7 19 71) 6 1 20: ESCAPE, AID6BL7] or to assist any person to escape from the custody of any peace officer. 16-1 21: ESCAPES:kBL8]iI [71 It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody. 6 1 22: 1E XPECTORATINCLBL9] ON SIDEWALK OR IN PUBLIC BUILDINCS:tI I 1 It shall be unlawful for any person to expectorate or spit upon an sidewalk or upon the floor of any public building or room used for public assemblies. 181373v3 : - • -. It shall be unlawful for any person to obtain any food, drink, goods, wares or merchandise under received the food, goods, wares and merchandise. : __ !'... ".... ..` • e • BL11]:" aI or who shall attempt to impersonate any such officer or who shall without authority perform any official act therein on behalf of an officer. (1970 Code) . ,, . !� - ' BL12]: Iii It shall be unlawful for any person, except pelice officers in discharge of their duties or officials potash, mixture of sulphur and saltpeter, or any other dange : . - . . • .-, - • -•- •- • •- districts, or in rural districts without the consent of the-owner of the premises. (A) The Rural District shall include all platted and unplatted land : - -- ' - - -- -- of the Village, or hereinafter annexed thereto, which ar- •: : . . . --- •. , •-. . • lands hereinafter annexed, which are not within the Rural District. (9 7 71) 6-1-326: GAMBLING:1 t-1 R5 Gambling is regulated under Title 3, Chapter 19. It shall be unlawful for any person to: (A) Make a bet; (B) Sell or transfer a chance to participate in a lottery; '- -- . . . - . . . . . . : . - . . . . . . - - . - : . - . - • e .: . - . .. - •. :; (F) Intentionally participate in the income of a gambling place or bucket shop - . . • . - • .. - - - . . . . • . - ., .. - • - - :4' : -; 181373v3 (H) Set up for use for the purpose of gambling,or collect the proceeds of, any gambling device or bucket shop; (I) With intent that it shall be so used, manufact. -, - , : : - . -, •- • - - •- •- subdivision 2, and any facility for conducting a lottery. (J)Receive,record or forward bets or offers to bet or, with intent to receive, record or forward 6 1 27: GENERAL OFFENSE: t " It shall be unlawful for any person to commit any act or fail to perform any requirement which is prohibited or required by State law, insofar as such laws are applicable to Municipal government. - :. ' ! . . '.. BL13]: 1 It shall be unlawful for any person to appgar in-a state of nudity or in any indecent or lewd dress or condition in any public place or in any such place to make any indecent exposure of his or her lascivious manner or to appear in any such place in a dress not belonging to his sex. 6-1-429: INJURIOUS MATERIAL ON THOROUGHFARES, DEPOSIT OF: 15 It shall be unlawful for any person to deposit,place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property. (1970 Code) I 6-1-530: LAWN CLIPPINGS:t1 Li It shall be unlawful for any person to deposit any lawn clippings, leaves or other refuse on any street, drainage easement or public right of way. (Ord. 90-237, 9-4-90) 6 1 31: LETTINC PREMISES FOR . ` _ • . _ . ' • . .. . It shall be unlawful for any person to rent, use or allow to be used any building or property owned by him, for any purpose whereby riotous or disorderly persons are gathered. : - ! . ! . ' - • e ' . 1 . ` ! BL14] TRUCKS:4PJ Li It shall be unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph, with loud sp ker er sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any 181373v3 - _ .; • • _.. BUS] NOISE:t 1 `'1 e : . :.• . e • - BL16]:� It shall be unlawful for any person to urinate er stool in anyplace open to the public view, or to or other words in any public place or any other place where other persons are present or indecently to exhibit any animal. ;: ! 6 . ..• .. !_ . 9., - ' _ BLl7], DISTRIBUTION OF: 1 1-'1 same in his possession. : e - - :.• . :., . ! e . . BL181:t le6 encourage any other person in the commission of any of the acts mentioned erei~ or in any manner encourage the commission of such offense hereby defined. 6 1 38: PLAYING BALL ON STREETS PROHIBITED:t N I It shall be unlawful for any person to play ball er throw any ball to and fro upon any public thoroughfare in the Village. (1970 Code) (Rep. Ord. 081 121, 10 22 81) 6 1 40: PICNICS:t-1 14"1 (Rep. 8 16 1971) e - - ' . . committed an offense. (1970 Code) 6 1 42: POSTING f BILLSiaL19]:? advertisement or notice of any kind on any curbstone, flagstone or any other po ion er pa of • , • -- - _ -, .. • . _ . -- . . , . .• - _• "; 181373v3 provided, however, that this Section shall not prevent posting by proper City and County to the conduct of elections. (1970 Code) . e ' - . „ • - ! ._ ! • . ' BL2O] • :t`I pull down, break or in any manner interfere with or molest or secrete or destroy any r al or personal property belonging to or under the control of any person. (1970 Code) 6 1 44: IP OSTITUTiON[BL21]:IFI Eh It shall be unlawful for any person to pursue or advertise in any manner her vocation as a (1970 Code) II e -- :.BL22] OF:ti ! °� prostitution or knowingly to reside therein or knowingly to rent, lease or permit any person to 6 1 47:IRIOT1BL24]:" Eh It shall be unlawful for any person to fail or refuse immediately to disperse upon an order to do the peace or for the purpose of committing any unlawful act. (1970 Code) (Rep. 8 16 1971) 6-1-649: SNOW REMOVAL:tI Removal of snow and ice from sidewalks and trails in the City shall be the responsibility of the abutting property owners or occupants. Those sidewalks and trails specifically listed on Attachment A of the City-adopted "Snowplowing Policy" shall be maintained by the City and identified by published notice. (A) Accumulation Prohibited: It shall be unlawful for any owner or occupant of any building, in front of which or adjacent to where a sidewalk has been constructed for the use of the public,to allow any accumulation of ice or snow to remain upon said sidewalk longer than twelve(12) hours after said ice or snow has ceased to be deposited thereon. (B) Public Streets: It shall be unlawful for any person to deposit snow from private property upon any public street within the City. 181373v3 (C) Enforcement: In the event an owner or occupant fails to comply with the provisions of this Section, the City may, at its option, remove said ice or snow. All costs of said removal shall be billed to the owner of the premises,which bill shall be immediately due and payable to the City. (D)Penalty: The fact that an owner of premises reimburses the City for ice or snow which has been removed shall not preclude the City from issuing a complaint for violation of this Section. (E) Delinquency: Unpaid bills more than thirty (30) days past due shall be considered in default and will be assessed a penalty as set forth from time to time by resolution of the city council. The city council may levy an assessment equal to such unpaid cost plus penalty against each lot or parcel of land from which the snow has been removed pursuant to the provisions of MSA 429.101. (Ord. 097-404, 10-6-1997) 6 50: C[z IND INCIBL25]:�1=1 It shall be unlawful for any person, who by color, or aid of any trick or sleight of hand another any money or property or a representative of either. (1970 Code) : ' .. ' • .. BL26]::t - It shall be unlawful for any person to take down any fence or to let down any bars or to open any gate in or on the property of another without the consent of the owner, occupant or person in charge thereof. (1970 Code) 6 1 52: IVACRANCYkL27]:t l `� It shall be unlawful for any person to be a "vagrant", which is hereby defined as: employment and is not under eighteen(18) years of age; or (B) A person found in or loitering near any structure, vehicle or private grounds who there without the consent of the owner and is unable to account for his presence; or (C) A person who loiters on the streets or in a public place or in a place open to the public with intent to solicit for immoral purposes; or (D) A person who derives his support in whole or in part from begging. (8 10 1970)•• - • - .. - • .• " • - " - - - of the prostate gland or the remedies therefor, or the cause or remedies for abortion or 181373v3 - , _ -, . :. - . - - .. . -, ..' • - - - _ . . . . . , . . . -- - . . - ••- . , . . . - . . •. . - • • • . • . . . _ - . . • . . . - .. •, - - - • , - • -- . - _ • :, .. •-• - •- - 6-1-754: WATER FLOWING UPON PUBLIC STREETS: `1 It shall be unlawful for any person to allow or cause any water to flow or accumulate in or upon any public thoroughfare, street, sidewalk, alley, sanitary sewer, park or other public place by pumping water by means of any type of pumping device, other than a ground water sump pump. It shall be unlawful for any person, owner, occupant or user of premises to allow or cause water to flow or accumulate on one's own private property by pumping water by means of any type of pumping device, other than a ground water sump pump in such a manner so that the water is carried across one's own private property and thereafter flows onto or accumulates in or upon any public thoroughfare, street, sidewalk, alley, sanitary sewer, park, or any other public place. (Ord. 007-572, 3-19-2007) ' e . 11.k _ • I' e • BL28]: ) It shall be unlawful for any person to furnish or attempt to furnish or take into jail or to deliver or attempt to deliver to any prisoner therein cued, or in the custody of any officer, any weapon, tool, intoxicating liquors, drug or other article without the consent of the officer in charge. (1970 6 1 56: WINDOWSI T SfBL29] TO BE KEPT CLEAR: 1 Li It shall be unlawful for any person to-place or keep on any windowsill, porch or other projection securely fastened or protected by screens. (1970 Code) 6-1-857: ADOPTION OF CRIMINAL CODE:tI All those parts of tThe Criminal Code of 1963, as amended, and other statutes specifying violations and penalties, as found in MSA chapter 609, as the same relates to crimes which constitute a "misdemeanor" are hereby adopted by reference, and unless otherwise expressly stated within the City Code,the provisions of this Section also apply to all other crimes which constitute a misdemeanor created by Minnesota Statutes other than chapter 609. (1-3-1972) 181373v3 Chapter 2 DOGS 6-2-1: LICENSE REQUIRED: 6-2-2: RECEIPTS FOR LICENSES: 6-2-3: TAGS: 6-2-4: DOG POUND: 6-2-5: IMPOUNDING OF UNLICENSED DOGS: 6-2-6: REDEMPTION OF IMPOUNDED DOGS: 6-2-7: DISPOSAL OF UNREDEEMED DOGS: 6-2-8: DANGEROUS DOGS: 6-2-9: BARKING DOGS: 6-2-10: TRESPASSING BY DOGS: 6-2-11: RUNNING AT LARGE PROHIBITED: 6-2-12: DOGS AS PUBLIC NUISANCES: ' - • 6-2-1315: QUARANTINE: 6-2-1416: LIMITATION OF DOGS ON PREMISES: 6-2-151-7: DOG SHELTERS: 6-2-1618: RABIES VACCINATION: 6-2-1: LICENSE REQUIRED:ti Li (A)No person shall own, keep or harbor any dog er cat-over the age of four(4) months within the City unless a license has first been secured. Licenses shall be issued by the Clerk for such fees as shall be set forth by the City Council from time to time. It shall be the duty of each person owning, keeping or harboring a dog or cat to pay a license fee imposed by this Section to the Clerk on or before January 1 of each year, or upon acquiring ownership or possession of any unlicensed dog or cat, or upon establishing residence in the City to forthwith pay such license feel. (B) The time between January 1 and March 1 is designated as a grace period for voluntary (C)At any time between March 1 and December 31 when a license is voluntarily purchased, a late fee, as designated by the City Council, shall be imposed. (BD)At any time between March 1 and December 31,when a license is purchased as a result of enforcement action, an enforcement penalty fee shall be imposed, as established by the City Council, in addition to the regular licensing fee. (Ord. 097-386, 1-6-1997) 6-2-2: RECEIPTS FOR LICENSES:t Upon payment of the license fee,the Clerk shall execute a receipt in duplicate, the original of which shall be delivered to the person who pays the fee and the duplicate retained in the records of the City. The receipt shall describe the dog as to breed and age. (Ord. 125, 5-2-1955) 181373v3 6-2-3: TAGS:1111-1 The Clerk shall also procure a sufficient number of suitable metallic tags, the shape and/or color of which shall be different for each license year. The Clerk, or designated representative, shall deliver one appropriate tag for each dog or cat to the owner when the license fee is paid. The owner shall cause said tag to be affixed by a permanent metal fastener to the collar of the dog or cat so licensed in such a manner so that the tag may easily be seen by police officers of the City. The owner shall see to it that the tag is constantly worn by such dog or cat. (Ord. 097- 386, 1-6-1997) 6-2-4: DOG POUND:It ( The Council shall from time to time designate a place as City Dog Pound where suitable arrangements are made for keeping and maintaining any dogs which may be seized or taken into custody by any officer of the City pursuant to this Chapter. (Ord. 125, 5-2-1955) 6-2-5: IMPOUNDING OF UNLICENSED DOGS:tl Update to current practice. the City without the tag provided for in Section 6 2 3 of this Chapter, and any dogs running at provided in this Chapter, it shall be the duty of the dogcatcher forthwith to post on the bulletin board at the City Hall notice of impounding which shall specify a description of the dog by sex, color and breed and the name of the owner, if known, and shall thereby give notice that unless - - . _ ..' . . . -- • - .• .. . . . . . • . : - . . - . 4 3 1967) 6-2-6: REDEMPTION OF IMPOUNDED DOGS:41:I ''Notation: Update to current practice] Any dog impounded may be redeemed by the owner within the time for redemption by: a) payment to the Clerk of the current license fee if unpaid and an impounding fee to be set by the I Council; b) presentation to the Clerk of proof that said dog has had proper shot for rabies; and c) payment to the dogcatcher of the fee fixed by the Council as pick-up charge plus such fee per day as may be determined by the Council for each day the dog is confined to the pound. (Ord. 160, 4-3-1967) 6-2-7: DISPOSAL OF UNREDEEMED DOGS:t1 l ?? Any dog which is not claimed as provided in Section 6-2-6 of this Chapter within five (5) days after impounding may be sold by the dogcatcher according to the agreement and the fees so received retained by himthe city. (Ord. 160, 4-3-1967) 6-2-8: DANGEROUS DOGS:ft-I (A) Definitions: DANGEROUS DOG: 1. Any dog that has: 181373v3 (a) Without provocation, inflicted substantial bodily harm on a human being on public or private property; (b) Killed a domestic animal without provocation while off the owner's property; or (c) Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous,the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 2. A dog shall not be declared a "dangerous dog" if the threat, injury, or damage was sustained by a person: (a) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (b) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past,provoked,tormented, abused, or assaulted the dog; or (c) Who was committing or attempting to commit a crime. POTENTIALLY DANGEROUS DOG: Any dog that: 1. When unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 3. Has a known propensity,tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (B) Registration Required: All dangerous dogs must be registered with the City. The City shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: 1. A proper enclosure exists for the dangerous dog as required under this Section and a posting on the premises with a clearly visible warning sign as required under this Section, including a warning symbol to inform children that there is a dangerous dog on the property; and 2. A surety bond issued by a surety company authorized to conduct business in this State in a form acceptable to the City in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this State in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog. Such insurance policy shall provide that no cancellation of the policy will be made unless ten(10) days' written notice is first given to the City Clerk. 181373v3 At the time of registration,the City shall provide to the owner of the dangerous dog for posting on the owner's property a copy of a warning symbol to inform children that there is a dangerous dog on the property. (C) Fees: 1. Registration: The City shall charge an annual registration fee, in addition to any regular dog licensing fees,which amount shall be set by resolution of the City Council from time to time. 2. Warning Symbols: The City shall charge a fee for warning symbols provided to owners of dangerous dogs for posting on their property, which amount shall be set by resolution of the City Council from time to time. (D) Requirements: Owners of dangerous dogs within the City shall comply with the following: 1. Tag: A dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol required by the City affixed to the dog's collar at all times. 2. Confinement: All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as required under this Section. Such pen, kennel, or structure must have secure sides and a secure top attached to the sides. All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet(2'). All structures erected to house dangerous dogs must comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. 3. Leash And Muzzle: No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet(4') in length.No person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees,posts, buildings, and the like. In addition, all dangerous dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. 4. Confinement Indoors: No dangerous dog may be kept on a porch,patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (E) Law Enforcement Exemption: The provisions of this Section do not apply to dangerous dogs used by law enforcement officials for police work. 181373v3 (F) Confiscation: 1. Seizure: The City shall immediately seize any dangerous dog if: (a) After fourteen(14) days after the owner has notice that the dog is dangerous, the dog is not validly registered under this Section; (b) After fourteen(14) days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under this Section; (c)The dog is not maintained in the proper enclosure; or (d) The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under this Section. 2. Reclaimed: An owner may reclaim a dangerous dog seized under this Section, by paying impounding and boarding fees and presenting proof to the City that the requirements of this Section have been met. The City may dispose of a dog that is not reclaimed within seven (7) days and the owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses: The City shall seize any dog where a person has been convicted of a misdemeanor for violating MSA 347.51 or 347.52, and the person is charged with a subsequent violation relating to the same dog. If the person is convicted of the crime for which the dog was seized,the City will destroy the dog in accordance with the order of the court and the owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized,the dog may be reclaimed pursuant to subsection (F)2 of this Section or disposed of within seven(7) days if unclaimed. (Ord. 098-414, 6-1-1998) 6-2-9: BARKING DOGS:t1 It shall be unlawful for any person to own, harbor, keep or have in his/her possession or on his/her premises any dog, which by loud and frequent barking, howling, or yelping shall cause noise, disturbance or annoyance to persons residing in the vicinity thereof (Ord. 125, 5-2-1955) 6-2-10: TRESPASSING BY DOGS: 1 Di It shall be unlawful for any person who owns, harbors, or keeps a dog, or the parents or guardians of any such person under twenty one (21) years of age, to allow such dog to stray or trespass upon the premises of any other person to the latter's damage or annoyance. (Ord. 125, 5- 2-1955) 6-2-11: RUNNING AT LARGE PROHIBITED:t1 15 It shall be unlawful for any person owning, possessing or harboring any dog, or the parents or guardians of any such person under twenty one (21) years of age, to allow such dog to run at large within the urban districts of the City, or within the rural districts of the City if said dog can be classified a public nuisance as set forth in Section 6-2-12 of this Chapter. All dogs within the urban districts, not confined within an enclosure shall be kept on a leash securely fastened or 181373v3 held so as to prevent the dog from running at large. A dog within the urban districts shall be deemed to be running at large if the same is off the premises of the person who owns, harbors or keeps said dog and not under the control of such person or some other person designated by I him/her, either by leash, cord or chain. (A) The rural district shall include all platted and unplatted land presently within the limits of the City, or hereinafter annexed thereto, which are not developed for commercial, industrial or urban residential purposes. Land in rural districts must be open, rural in character and maintained generally in farm crops, pasture land, seeded or diverted acreage. (B) The urban district shall include all other lands within the limits of the City, or such lands hereinafter annexed, which are not within the rural districts. (10-4-71) 6-2-12: DOGS AS PUBLIC NUISANCES:ti It shall be unlawful for the owner or custodian of any dog within the corporate limits of the City of Farmington, whether permanently or temporarily therein,to permit such dog from committing any act which constitutes a nuisance. It shall be considered a nuisance for any dog to habitually or frequently bark or howl,to run at large, to trespass,to molest perform lewd acts or annoy any person, or to defile or destroy any property, public or private. Unrestrained dogs, or those dogs considered a nuisance, may be taken by the dogcatcher, any law enforcement officer of the City and by other persons designated by the City to assist in the enforcement of this Ordinance and be impounded. Such officers shall have the right to enter upon premises, whether public or private, for the purpose of impounding an animal which constitutes a nuisance. (Ord. 079-84, 11-10-79) � ! l I • 1 . I . e • a . • • II �� . . .. .. . . .. . .. • . .. Upon sworn complaint to a Justice of the Peace of the City that any one of the following facts exist: manner on property of persons other than the owner; (B) That any dog at any time has attacked or bitten a person outside the owner's or custodian's pees; driving of automobiles on the public highways; (D)That any dog is a public nuisance as herein defined; (E) That any dog is running at large or violates its-quarantine contrary to the provisions of this said dog should not be seized and killed by the keeper of the dog pound, or any police officer, or otherwise disposed of as authorized by this Chapter. Suc . . - - • . - . - than two (2)nor more than six (6)days from the date thereof and shall be served at least two (2) days before the time of app arance mentioned therein. Upon such h wring and finding the facts 181373v3 designated place. If the owner or custodian disobeys such-order, he shall upon the filing of a complaint and after a hearing and conviction before a Justice of the Peace be liable to the of the dog. • _ . • . . such officer in the discharge of his duties under this Chapter. 6-2-1513: QUARANTINE:e i Whenever any person owning,possessing or harboring any dog within the corporate limits of the City shall learn that such dog has bitten any human being, such person shall immediately impound said dog in a place of confinement where it cannot escape or have access to any human being or other animal and shall also immediately notify the Chief of Police. Whenever the Chief of Police shall learn that any human being has been bitten by any dog within said City,he/she shall ascertain the identity of such dog and the person owning, possessing or harboring it and shall immediately direct such person to forthwith impound such dog as herein required. Any dog so impounded shall be kept continuously so confined for a period of fourteen(14) days from the day the dog bit a human being. Upon learning that a dog has bitten a human being, the Chief of Police shall immediately notify I the Health Officer and inform him/her of the place where the dog is impounded. It shall be the duty of the Health Officer to inspect the said dog from time to time during its period of fourteen (14) days' confinement and to determine whether such dog is infected with rabies. For this I purpose he/she shall have access to the premises where such dog is kept at all reasonable hours and may take possession of the dog and confine it in the City dog pound or other suitable place at the expense of the owner. The owner or person in possession or harboring such dog shall immediately notify the Health Officer of any evidence of sickness or disease in the dog during the period of confinement and shall promptly deliver its carcass to the Health Officer in case of its death during said period. (Ord.125, 5-2-55) 6-2-1614: LIMITATION OF DOGS ON PREMISES:It 15 (A) It shall be unlawful for the owner of any parcel of land within the corporate limits of the City of Farmington to own, keep or harbor, or allow to be owned, kept or harbored on said parcel more than two (2) dogs, unless a license for a dog kennel has been secured. For purposes of this Section "owner" shall be any person, firm,partnership, corporation, shown to be such on the record of the Dakota County Auditor or Dakota County Treasurer. For purposes of this Section, 181373v3 "parcel of land" shall mean that portion of land intended as a unit of ownership to which the Dakota County Auditor or Dakota County Treasurer has assigned a parcel number. (Ord. 079-84, 11-10-79) (B) Exception: The owner of a parcel of land in the City of Farmington shall be allowed to own and keep up to a maximum of four (4) dogs on a temporary basis under the following conditions: 1. All dogs shall have been owned prior to residency in the City. 2. All dogs kept under provision of this Section shall be unsexed as documented by a veterinarian's certificate. 3. All dogs kept under provisions of this Section shall be sheltered within the primary residence on the parcel of land. 4. Dogs shall be allowed outdoors only on the owner's property and secured within a fenced perimeter. 5. All owners keeping dogs under provisions of this Section shall come into compliance with subsection 6-2-16(A)through attrition. (C) Fees: The owner of a dog licensed under the provisions of subsection 6-2-16(B) shall be required to pay an annual fee for each dog over that number authorized in subsection 6-2-16(A). The Farmington City Council shall, by resolution, establish the amount of the fee required. (Ord. 092-276, 7-20-92) 6-2-4715: DOG SHELTERS: i 55 It shall be unlawful for any person to erect or maintain on the premises which he/she occupies any type of shelter or other place of confinement in which animals are kept closer than ten feet (10') of the adjoining property line. (Ord. 079-84, 11-10-79) 6-24516: RABIES VACCINATION:" No person shall own, keep or harbor any dog over the age of four(4) months within the City unless the dog has been vaccinated for rabies. At the time a license is issued,the owner of the dog shall provide proof that the dog being licensed has been vaccinated against rabies within the previous thirty six (36) months. (Ord. 090-233, 5-7-90) Chapter 3 DOG KENNELS 6-3-1: DEFINITIONS: 6-3-2: LICENSE REQUIRED: 6-3-3: RECORDS KEPT: 6-3-4: PREMISES KEPT SANITARY: 6-3-1: DEFINITIONS:ti For the purposes of this Chapter, the following terms shall have the meanings herein ascribed to them: 181373v3 DOG: The word "dog" shall mean any dog, male or female, over the age of six (6)months. KENNEL: The word "kennel" shall mean any establishment where dogs are kept for breeding, sale or sporting purposes. 6-3-2: LICENSE REQUIRED:" Any person desiring to operate and maintain a dog kennel within the City, or any person who owns or harbors more than two (2) dogs on his/her premises, shall be required to obtain a license therefor from the Clerk of the City. The fee for said license shall be as set by the Council from time to time, and the Clerk shall issue to the licensee tags equal in number to the number of dogs kept in said kennel.1 6-3-3: RECORDS KEPT: i is Each licensee hereunder shall keep a record of each and every dog harbored in said kennel, stating the name, sex and breed of each such dog, the date of acquisition and the disposition of said dog and any further information as the Council may from time to time determine necessary. 6-3-4: PREMISES KEPT SANITARY:ti All kennels and their surroundings shall be kept in a clean and sanitary condition, and the Council, or its authorized representative, shall have right of entry for inspection of said premises at all reasonable hours. (1970 Code) Chapter 4 ANIMALS; FOWL 6-4-1: DEFINITION: 6-4-2: KEEPING ANIMALS WITHIN CITY: 6-4-3: HERDING WITHIN CITY LIMITS: 6-4-4: RUNNING AT LARGE: 6-4-5: UNLAWFUL TO DRIVE ANIMALS INTO CITY: 6-4-1: DEFINITION: ` U The term "rural district" as used in this chapter shall include all platted and unplatted land presently within the limits of the city, or hereinafter annexed thereto, which are not developed for commercial, industrial or urban residential purposes. Land in rural districts must be open, rural in character and maintained generally in farm crops, pasture land, seeded or diverted acreage. The term "urban district" as used in this chapter shall include all other lands within the limits of the city, or such lands hereinafter annexed thereto, which are not within the rural districts. (10-4-1971) 6-4-2: KEEPING ANIMALS WITHIN CITY:t1 (A) Definitions: The following terms shall have the following meanings: 181373v3 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 this 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. 013-660, 3-18-2013) 6-4-3: HERDING WITHIN CITY LIMITS:ti IS It shall be unlawful for any person to herd, hold, pasture or detain any herd, drove or band of sheep, horses, cattle or any other animals within the urban districts of the city. (10-4-1971) 6-4-4: RUNNING AT LARGE:III IS It shall be unlawful for any person to permit or allow any horse, mare, colt, mule, cow, bull, calf, I jack,jenny, goat or hog belonging to him/her or under his/her control,to run at large within the urban districts of the city. (10-4-1971) 181373v3 6-4-5: UNLAWFUL TO DRIVE ANIMALS INTO CITY:":1 If any person drives or causes to be driven any animal or animals into the urban districts of the I city,with the intention or the purpose of having such animal impounded, he/she shall be deemed guilty of a misdemeanor. (10-4-1971) Chapter 5 CURFEW" 5 6-5-1: CURFEW REGULATIONS: 6-5-1: CURFEW REGULATIONS: `i (A) Curfew Imposed: It is unlawful for any juvenile age 17 years and under to be present in any public place within Dakota County between the hours listed below. Dakota County Juvenile Curfew Ordinance Sunday—Thursday 9:00 p.m. —5:00 a.m. Under 12 years of age Friday and Saturday 10:00 p.m. — 5:00 a.m. Sunday—Thursday 10:00 p.m. —5:00 a.m. Age 12-14 Friday and Saturday 11:00 p.m. —5:00 a.m. Sunday—Thursday 11:00 p.m. —5:00 a.m. Age 15-17 Friday and Saturday Midnight—5:00 a.m. shall be on any public street or alley or in any park or other public grounds or building, - -' £.iI and between the hours of eleven o'clock (11:00)P.M., Friday, Saturday and the day - .11 2. No person age sixteen (16) years or seventeen (17) years, except as provided in grounds or building, place of amusement, entertainment or refreshment, vacant lot or any other unsupervised place between the hours of eleven o'clock(11:00) P.M., Sunday through Thursday (other than the evening preceding a legal holiday) and five o'clock •1 - -- •- -! .I• midnight Friday, Saturday and the day preceding a legal holiday and five o'clock(5:00) 181373v3 (B) Exceptions: The restrictions of subsection(A) do not apply when the minor is: 1. Accompanied by the minor's parent, guardian or other person having the minor's lawful care, custody or control. 2. Returning home by direct route from and within thirty (30)minutes after a school activity, an activity of a religious or supervised voluntary association, fraternal and social clubs, etc. or other community events. Examples of such events shall include, but not be limited to, the following: dances, community celebrations and carnivals. 3. In place of returning home from such place connected with and required by some legitimate business,trade, profession or occupation in which said minor is permitted by law to be engaged. 4. In a motor vehicle with parental consent for normal travel. 5. Upon an emergency errand or other legitimate business directed by the minor's parent, guardian or other adult having lawful custody of the minor. 6. On the sidewalk or boulevard of his or her residence. (C) Responsibility of Parents, Etc.: No parent, guardian or other adult having custody and control of a minor under eighteen(18) years of age shall knowingly permit the minor to violate the provisions of subsection(A). (D) Responsibility of Other Persons: Whenever the owner or person in charge or control of any place of amusement, entertainment,refreshment or other place of business shall find any person I under the age of eighteen (18) years in such place in violation of subsection(A), he/she shall immediately order such person to leave, and if such refuses to leave,the owner or person in charge shall immediately inform the Police Department of the violation. (E) Penalties: Any person under the age of eighteen (18) years on a street or other place in violation of subsection (A) shall be ordered to go home immediately. After investigation, if the Police Department determines that court action should be initiated,the minor shall be dealt with in accordance with juvenile court law and procedure. Any such minor who is convicted of a violation of this Section after the case has been referred for prosecution in the trial court under Minnesota Statutes, and any person who is convicted of a violation of any provision of subsection (C) is guilty of a petty misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00). (Ord. 093-307, 5-17-93) Chapter 6 NUISANCES ` 6-6-1: PUBLIC NUISANCES DECLARED: 6-6-2: ABATEMENT: 6-6-1: PUBLIC NUISANCES DECLARED:ti 0 Whoever by his/her act or failure to act upon a legal duty intentionally does any of the following is guilty of maintaining a public nuisance and may be punished as provided in this Code: 181373v3 (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or (B) Interferes with, obstructs or renders danger of passage on any public street, alley, sidewalk or other right of way used by the public; or (C) Is guilty of any other act or action declared by law to be a public nuisance and for which no sentence is specifically provided; or (D) Shall throw or deposit upon any street, alley, sidewalk or other right of way used by the public any bottle, glass, can, paper container, garbage or other rubbish or refuse of any nature whatsoever upon such public street, alley, sidewalk or upon any other public or privately owned land adjacent thereto without the owner's consent. (8-10-70) 6-6-2: ABATEMENT:.1'1 When any dwelling or any building, structure, excavation, business pursuit, matter or thing in or about a dwelling, or the lot on which it is situated, or the plumbing, sewerage, drainage, light or ventilation thereof, is in the opinion of the Board of Health, in a condition or in effect dangerous or detrimental to life or health, (as set forth in Section 6-6-1 hereof), the Board of Health may declare that the same, to the extent that it may specify, is a public nuisance, and shall order the same to be removed, abated, suspended, altered or otherwise improved or purified as the order shall specify. The Board of Health may also order or cause any dwelling or excavation, building, structure, sewer,plumbing pipe, passage, premises, ground, matter or thing in or about a dwelling, or the lot on which it is situated,to be purified, cleansed, disinfected, removed, altered, repaired, or improved. If any order of the Board of Health issued under authority of the provisions hereof is not complied with, or so far complied with as may be regarded as reasonable, within fifteen (15) days after the service of said notice, or within such shorter time as may be designated,then such order may be executed by the Board of Health, through its officers, agents, employees or contractors and the cost thereof assessed against said property as provided by law.1(1970 Code) Chapter 7 WEEDS''' 6-7-1: WEED DEFINED: 6-7-2: NOTICE TO DESTROY: 6-7-3: ACTION UPON NONCOMPLIANCE: 6-7-4: CHARGE A LIEN: 6-7-1: WEED DEFINED: l� 181373v3 For the purpose of this section,the term "weeds" means noxious weeds as defined by state law (and such useless and troublesome plants as are commonly known as weeds to the general public). All weeds or growing grasses upon any platted lot in the city which are in excess of one foot(1'), or have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health, safety and order of the city, with the following exceptions: (A) Slope Areas: Slopes that are steeper than three to one (3:1) may be left in natural state. (B) Ponds/Wetlands: Property adjacent to ponds may be left in a natural state. Property owners will not be allowed to mow city property, including that property surrounding ponds. (C)Natural/Wildlife Areas: Natural areas which include parks, wetlands/ponds, unplatted land and other city designated areas may be left in a natural state. (D)Natural Areas On Platted Lots: Natural areas will be allowed on platted lots in backyards from the most rear corner of the home subject to a six foot(6') setback from the property lines, except in the case where the natural area is adjacent to another natural area or fence. A natural area contains "native grasses" meaning those species of perennial grasses other than those designated as noxious weeds by the Minnesota department of agriculture in 1505.0730 and 1505.0740. (E)Undeveloped Platted Lots: Any platted lot within the city that is undeveloped and does not share a common property line with any developed lot(s)which contains a principal structure may be left in a natural state. Noxious weeds must be removed regardless of where they exist. It shall be unlawful for an owner, lessee or occupant of any land described above to allow, permit or maintain a"nuisance" as defined herein on any such land or along the sidewalk, street or alley adjacent thereto. (Ord. 009-608, 8-17-2009) 6-7-2: NOTICE TO DESTROY: i The city administrator is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the city, or the agent of such owner, to cut, destroy and/or remove any such weeds or grass found growing, lying, or located on such owner's property or upon the sidewalk or boulevard abutting same. Such notice shall be by registered mail, addressed to said owner, at his/her last known address. (Ord. 009-608, 8-17-2009) 6-7-3: ACTION UPON NONCOMPLIANCE: i IS Upon the failure, neglect or refusal of any owner or agent, so notified,to cut, destroy and/or remove such weeds or grass within ten(10)days after receipt of the written notice provided for in section 6-7-2 of this chapter,the city administrator is hereby authorized and empowered to pay for the cutting, destroying and/or removal of such weeds or grass or to order the removal by the city. (Ord. 009-608, 8-17-2009) 181373v3 6-7-4: CHARGE A LIEN: i When the city has effected the removal of such obnoxious growth or has paid for its removal,the actual cost thereof,plus accrued interest as provided by law, and penalty as set forth from time to time by resolution of the city council, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city, and said charge shall be due and payable by said owner at the time of payment of such tax bill, pursuant to the provisions of MSA 429. (Ord. 009-608, 8-17-2009) Chapter 8 SNOWMOBILES1' 6-8-1: DEFINITIONS: 6-8-2: EQUIPMENT: 6-8-3: OPERATION RESTRICTED: 6-8-4: GENERAL OPERATION: 6-8-5: HOURS OF OPERATION: 6-8-6: VIOLATION: 6-8-7: EXEMPTION: 6-8-1: DEFINITIONS:ti 15 OPERATE: To ride in or on and control the operation of a snowmobile. OPERATOR: Every person who operates or is in actual physical control of a snowmobile. PERSON: Includes an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether incorporated or not. RIGHT OF WAY: The entire strip of land on each side of a street or highway in which the public owns the fee or an easement for roadway purposes. ROADWAY: That portion of a street or highway improved or designed for vehicular travel including the shoulder. RURAL DISTRICT: Includes all platted and unplatted land within the City limits which are not developed for commercial, industrial or residential purposes. SAFETY OR DEADMAN THROTTLE: A device which,when pressure is removed from the engine throttle, causes the motor to be disengaged from the drive train. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice and steered by skis or runners. STREET OR HIGHWAY: The entire width between boundary lines that is open to the public for vehicular traffic. 181373v3 URBAN DISTRICT: All lands in the City which are developed for commercial, industrial and residential use. (Ord. 097-388, 2-3-1997) 6-8-2: EQUIPMENT:ti II It is a violation of this Chapter for any person to operate a snowmobile any place within the City unless it is equipped with the following: (A) Standard muffler which is in good working order and is in constant operation to prevent excessive or unusual noise. No person shall use a muffler cutout, bypass, straight pipe or similar device on the snowmobile motor and the exhaust system shall not emit or produce a sharp popping or crackling sound. This requirement shall not apply to an organized race or similar competitive event as provided under MSA section 84.871, as amended. (B) Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. (C) At least one head lamp having a minimum candle power to reveal persons and vehicles at a distance of at least one hundred feet(100') ahead during hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. At least one red tail light,having a minimum candle power to be plainly visible from a distance of five hundred feet(500') during hours of darkness under normal atmospheric conditions. The lights must be turned on and operating when the vehicle is operated between the hours one-half(1/2)hour after sunset to one-half(1/2)hour before sunrise, at times of reduced visibility and when on any roadway. (D) Reflective material of a minimum area of at least sixteen (16) square inches mounted on each side forward of the handle bars so as to reflect light at a ninety degree (90°) angle. (E) A safety or deadman throttle in operating condition. (F)Any sled,trailer, or other device must be towed with a rigid hitch and tow bar. (G) Any sled, trailer, or other device being towed by a snowmobile during hours of darkness under normal atmospheric conditions must be equipped with visible reflective materials mounted on each side and at the rear of the sled, trailer, or device which has at least the minimum intensity values set forth in Minnesota Rules 6100.5700 subpart 2, item B, as amended. (Ord. 097-388, 2-3-1997) 6-8-3: OPERATION RESTRICTED:ti It is a violation of this Chapter for any person to operate a snowmobile upon any portion of the City in an urban district within the right of way of any street, avenue, alley, pedestrian trail, bikeway or sidewalk, nor within or on any other public park or property within the City except as follows: (A) A snowmobile may make a direct crossing of a street or highway provided the crossing is made at a ninety degree (90°)angle to the direction of the street or highway and at a place where 181373v3 no obstruction prevents a quick and safe crossing. The snowmobile must be brought to a complete stop before crossing the shoulder or edge of the street or highway and the driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. (B) Snowmobiles may be operated upon the alleys of the City for the purpose of traveling from an urban district and likewise upon returning from a rural district to an urban district. On such trips between districts,the most direct route to the operator's base of operation must be utilized. Where no alley is available, snowmobiles may be operated upon the right-hand side of such street or right of way and in the same direction as the traffic, keeping as close to the curb or shoulder as possible. Snowmobiles shall proceed in single file when traveling on alleys or roadways and shall travel at a speed no greater than ten (10) miles per hour. (C) Snowmobiles are not allowed on pedestrian trails or bike paths unless the trail or path is posted with signs authorizing the use of snowmobiles. (Ord. 097-388, 2-3-1997) (D) It is unlawful for the following persons to operate on streets or highways, or to make a direct crossing of a street or highway within the City as the operator of a snowmobile: 1) any person fourteen (14) years of age or older if the person does not have in immediate possession a valid snowmobile safety certificate as required and issued by the Commissioner or a valid driver's license, or 2) any person under fourteen(14) years of age. (E) It is unlawful for any person under fourteen(14)years of age to operate a snowmobile on any public land,public easements, or water or trails unless accompanied by one of the following listed persons on the same or accompanying snowmobile: the person's parent, legal guardian, or other person eighteen(18) years of age or older. However, a person twelve (12) years of age or older may operate a snowmobile on public lands, public easements, and waters or trails if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner. (F) The provisions of MSA sections 84.81 through 84.88, which are not otherwise modified by this Chapter, are hereby adopted and made a part of this Chapter as if fully set forth herein. (G) It is unlawful to operate a snowmobile within the City without a valid snowmobile qualification indicator if one is required under MSA 84.862. (H) It is unlawful for any person under the age of eighteen(18)to operate or ride a snowmobile within the City without wearing protective headgear that complies with standards established by the Commissioner of Public Safety,unless the person is otherwise exempt under MSA section 84.872, subdivision 1 a. (Ord. 099-421,1-4-1999) 6-8-4: GENERAL OPERATION:"II It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: (A)At a rate of speed greater than reasonable or proper under the circumstances and at any time to operate at a rate of speed greater than ten(10) miles per hour in any residential area. 181373v3 (B) In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. (C) To intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. (D) In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (E) Operation of a snowmobile shall not be permitted within one hundred feet(100') of any sliding area or skating rink. Direct access to and from the area shall be at a speed no greater than ten(10)miles per hour. (F) On property not owned by the person, except where otherwise allowed by law, without the written permission of the owner, occupant, or lessee of such lands. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed such as "Snowmobiles Allowed", or similar words. (G)To operate a snowmobile after any law enforcement officer has ordered it to stop by use of an audible or visual signal, interfere with or endanger the officer or any other person or vehicle, or increase speed or attempt to flee or elude the officer. (Ord. 097-388, 2-3-1997) 6-8-5: HOURS OF OPERATION:ti Between the hours of eleven o'clock(11:00) P.M. to eight o'clock(8:00) A.M., Sunday through Thursday and one o'clock (1:00) A.M. to eight o'clock (8:00) A.M. on other days, no snowmobile shall be operated within the MUSA (Municipal Urban Service Area) except in coming to or leaving from the residence of the snowmobile operator on the most direct route and at a reduced speed (10 miles per hour). (Ord. 097-388, 2-3-1997) 6-8-6: VIOLATION:ti 1116 Any person violating any provision of this Chapter shall be guilty of a misdemeanor, unless a different penalty is specified by State statute. (Ord. 097-388, 2-3-1997) 6-8-7: EXEMPTION: `i 15 The City Council shall have the authority to designate snowmobile trails within the park areas. (Ord. 097-388, 2-3-1997) Chapter 9 PARK REGULATIONS ti 6-9-1: DEFINITION: 6-9-2: DEFACING OR DESTROYING PROPERTY: 6-9-3: LITTERING PROHIBITED: 181373v3 6-9-4: PARK HOURS: 6-9-5: OPEN FIRES PROHIBITED: 6-9-6: PROHIBITED ACTIVITIES: 6-9-7: ANIMALS IN PARKS: 6-9-8: CAMPING: 6-9-9: MOTOR VEHICLES: 6-9-10: RESERVATIONS: 6-9-11: RULES: 6-9-12: VIOLATION: 6-9-1: DEFINITION:t Public park, or parks, is any land owned or leased by the city for the use of the public for active or passive recreation. (Ord. 077-56, 6-6-1977) 6-9-2: DEFACING OR DESTROYING PROPERTY:4I No person shall injure, damage, destroy, diminish or impair the value of any public park in the city including, but not limited to, buildings, structures, signs,trees, shrubs or vegetation. (Ord. 077-56, 6-6-1977) 6-9-3: LITTERING PROHIBITED:t No person shall litter, cast or throw rubbish, trash or garbage in any public park including any adjacent water area within the city, but shall place such materials in proper receptacles. Where receptacles are not provided in the public park, all such rubbish,trash or garbage shall be carried away from the park by the person responsible for its presence. (Ord. 077-56, 6-6-1977) The section below has been affected by a recently passed ordinance, 693 - PARKS. Go to new ordinance. 6-9-4: PARK HOURS: I L (A)No person shall be in any public park, and no person shall remain in or leave any vehicle in any public park,between the hours of eleven o'clock (11:00)P.M. and six o'clock(6:00)A.M. of the following morning. (B) Special permission for groups of persons to remain in any public park for a longer period than those designated herein may be obtained at the park and recreation department. (C) Duly designated city employees may enter the public parks at any time in the performance of their duties. (Ord. 077-56, 6-6-1977) The section below has been affected by a recently passed ordinance, 693 - PARKS. Go to new ordinance. 181373v3 6-9-5: OPEN FIRES PROHIBITED: `i 115 No person shall build a fire in any area in a public park except in fireplaces or receptacles. Fires must be attended at all times and extinguished after use. (Ord. 077-56, 6-6-1977) The section below has been affected by a recently passed ordinance, 693 - PARKS. Go to new ordinance. 6-9-6: PROHIBITED ACTIVITIES: l (A) Sell or offer for sale any article in any park; provided,that refreshments or other articles may be sold by the city or by persons authorized by the city to do so. (B)Post,paste, fasten,paint or affix any placard,bill, notice or sign upon any structure,tree, stone, fence,thing or enclosure in any park without the written permission of the city park and recreation department. (C)No person shall distribute or display within any park any circulars, cards or announcements, printed or not, for events other than those sponsored by or with the participation or endorsement of the city when the intention of such activity is to promote a commercial enterprise. (D) Gambling, excessive use of alcoholic beverages, or abusive, boisterous, profane or indecent language, or conduct, in any public park is prohibited. (E)No person shall disobey any responsible lawful order or direction of any park employee or police officer. (F)No person involved in any park event or in any use of the public parks shall commit an unfair discriminatory practice, deny another person access to, admission to, utilization of, or benefit from any such events or park use because of race, sex, color, creed, religion or national origin. (Ord. 077-56, 6-6-1977) (G) It shall be unlawful for any person to use a golf club to hit, chip, drive or otherwise propel a golf ball or other object in a city park. (Ord. 013-666, 11-4-2013) 6-9-7: ANIMALS IN PARKS: `l (A)No person shall kill,trap, hunt,pursue, or in any manner disturb or cause to disturb any wildlife;provided, however,that unless prohibited by resolution of the council, fishing shall be permitted. (Ord. 077-56, 6-6-1977) (B)No owner of a dog shall permit his/her dog to be at large in city parks, but shall keep such dog under restraint at all times. "Restraint" as used herein shall be deemed to mean controlled by a leash not exceeding six feet (6') in length. The owner must dispose of all feces and have in said possession at all times, feces disposal equipment or device. (Ord. 087-193, 11-2-1987) 181373v3 (C)No person shall ride, lead or permit a horse, pony, donkey or other similarly sized animal in any public park except in those areas where such animals are specifically allowed by resolution of the council. (Ord. 077-56, 6-6-1977) 6-9-8: CAMPING:It No person shall be permitted to camp overnight in a park, nor shall anyone be permitted to park a camper or camp trailer in a park parking lot except during the hours of operation. (Ord. 077-56, 6-6-1977) 6-9-9: MOTOR VEHICLES:it 11 (A) Designated Areas: No vehicle shall be operated on any city park or trail except in the designated parking or travel areas. (Ord. 087-193, 11-2-1987) (B) Parking Hours: No vehicles shall be parked in the parking areas later than or before the hours of operation. (Ord. 077-56, 6-6-1977) (C) Operation Upon Lakes Or Ponds: No person shall operate any type of motor powered vehicle upon any lake or pond within the city. (Ord. 099-429, 5-3-1999) (D) Exception: This section shall not apply to city maintenance or emergency vehicles or to work being performed in city parks and under city control or direction. (Ord. 095-352, 3-20-1995) The section below has been affected by a recently passed ordinance, 693 - PARKS. Go to new ordinance. 6-9-10: RESERVATIONS:fl 1E16 Any group wishing to reserve the use of the Rambling River shelter for a particular purpose shall request such date at city hall. Residents shall have priority in reservations. If nonresidents request reservations,they shall not be finalized until thirty(30) days prior to the date. If no resident requests such date it will be considered finalized. (Ord. 077-56, 6-6-1977) 6-9-11: RULES:tI CJ (A) Rules and regulations may be adopted from time to time by the city council governing the use and enjoyment of the parks. (B) Any person who violates a rule or regulation so posted may be excluded from the use of the park and may, in addition, be prosecuted for a misdemeanor. (C) Emergency rules and regulations may be implemented by the park and recreation department in unique, unusual or hazardous situations. They shall remain in effect for a period not to exceed thirty (30) days. (Ord. 077-56, 6-6-1977) 181373v3 6-9-12: VIOLATION:fei Violation of any of the terms or conditions of this chapter shall constitute a misdemeanor. (Ord. 077-56, 6-6-1977) Chapter 10 PARENTAL RESPONSIBILITY" 15 6-10-1: DEFINITIONS: 6-10-2: VIOLATIONS: 6-10-1: DEFINITIONS: i 15 As used in this Ordinance, unless the context otherwise requires,the terms specified have the meanings ascribed to them. (A) "Legal Guardian" means a person appointed guardian or given custody of a minor by a court of competent jurisdiction of the State, but does not include a person who is a foster parent or given custody of a minor as a result of corrections or welfare custody. (B) "Minor" means a person who is above the age of eleven (11) years but not yet eighteen(18) years of age. 6-10-2: VIOLATIONS:1`i 15 The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary,to have failed to have exercised proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this Ordinance, upon the occurrence of the events described in(A), (B) and (C)below: (A) An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or Statute prohibiting willful or malicious acts causing injury to a person or property, or shall have incurred non judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or Statute prohibiting willful or malicious acts causing injury to a person or property; and (B) Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the Police Department of the City of Farmington following said adjudication or non judicial sanction; and (C) If at any time within one year following receipt of the notice set forth in (B) above, said minor is either adjudicated to be in violation of any ordinance, law or Statute as described in(A) above, or shall incurred non judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or Statute as described in(A)above. (Ord. 077-54, 5-16-77) 181373v3 Chapter 11 GRAFFITI CONTROL tI 6-11-1: PURPOSE: 6-11-2: DEFINITIONS: 6-11-3: UNLAWFUL CONDUCT REGARDING CREATION OF GRAFFITI: 6-11-4: REMOVAL OF GRAFFITI: 6-11-5: CITY POLICE TO IDENTIFY: 6-11-6: HEARING: 6-11-7: NOTICE TO OWNER: 6-11-8: COSTS TO BE ASSESSED: 6-11-9: GRAFFITI ABATEMENT CIVIL IN NATURE: 6-11-10: PENALTY: 6-11-1: PURPOSE:41i IS (A) The Council finds that graffiti is an increasing problem in the City. The Council finds that quick removal of graffiti may assist in preventing encouragement of the defacement of property. (B) The Council further finds that graffiti creates a condition of blight which can result in the deterioration of property values and is inconsistent with the City's property maintenance goals and aesthetic standards. In addition,unless graffiti is removed, other properties soon become the targets of graffiti. (C) The Council hereby declares its intention to minimize and to quickly remove graffiti to limit its adverse impact on City youth and neighborhoods. Graffiti is hereby declared to be a public nuisance and a public health and safety hazard for purposes of MSA section 429.101, subd. 1 and section 429.021, subd. 1(8). (Ord. 097-400, 8-4-1997) 6-11-2: DEFINITIONS:t-1 15 For purposes of this Chapter,the terms defined in this Section shall have the following meaning ascribed to them: GRAFFITI: Any writing, printing,marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any surface of objects such as buildings, walls, fences, sidewalks, curbs, trees, rocks, or other permanent structures or objects on public or private property or the interior surfaces of those parts of buildings accessible to the general public and which have the effect of defacing the property. (Ord. 097-400, 8-4-1997) 6-11-3: UNLAWFUL CONDUCT REGARDING CREATION OF GRAFFITI:ti It shall be unlawful for any person to intentionally place graffiti on any surface or the interior surfaces of those parts of buildings accessible to the general public located on public or private property except with the permission of the person in lawful ownership or possession of such property and in accordance with the requirements of the City's Sign Ordinance. A person who violates this Section shall be guilty of a misdemeanor. (Ord. 097-400, 8-4-1997) 181373v3 6-11-4: REMOVAL OF GRAFFITI:ti (A)A property owner may ask the City to remove graffiti from the owner's property before being ordered to do so following the abatement procedure set forth in Sections 6-11-5 through 6-11-8 of this Chapter. If the City agrees to remove the graffiti,the City shall have the property owner or its designated agent sign a release of liability form and a consent form authorizing the City or its agents to enter onto the property. The property owner shall be liable for any costs which the City incurs in removing the graffiti. The City may collect the costs as a special assessment pursuant to MSA 429.101, subd. 1, if the property owner fails to reimburse the City upon request. (B) If an owner does not remove graffiti and does not ask the City to remove graffiti from the owner's property before being ordered to do so,the City may remove the graffiti by following the abatement procedure set forth in Sections 6-11-5 through 6-11-8 of this Chapter. (Ord. 097-400, 8-4-1997) 6-11-5: CITY POLICE TO IDENTIFY:ti MI5 (A) Based upon information received from the public or upon police observation, the City police shall investigate and identify graffiti. After the Police Department has verified the existence of graffiti,the Police Chief shall send a letter to the property owner by certified mail informing the property owner about the graffiti and requesting the property owner to remove the graffiti within a reasonable period of time which shall be less than thirty(30) days, based upon consideration of weather conditions and other relevant factors. The Police Department shall verify whether the graffiti has in fact been removed. (B) If the Police Department finds that the graffiti has not been removed within the time allotted, the Department shall contact the City Clerk, who shall schedule a public hearing. The City Clerk shall notify the affected property owner of the hearing date, the preliminary findings that graffiti exists on the owner's property and that the Council may after the hearing order the removal of the graffiti by the property owner or the City's Department of Public Works, and if said Department has to remove the graffiti,the costs will be assessed against the owner's property. (Ord. 097-400, 8-4-1997) 6-11-6: HEARING:ti (A)At a hearing before the Council, the Council shall receive evidence from the Police Department and from any other persons with knowledge as to the existence of graffiti. The property owner shall be entitled to be heard on all matters relating to graffiti and the process of removal. The existence of graffiti must be proven by a preponderance of the evidence. (B) If the Council finds that graffiti exists, the Council shall direct its removal in accordance with Sections 6-11-7 and 6-11-8 of this Chapter. The Department of Public Works may authorize private contractors to handle graffiti removal. (Ord. 097-400, 8-4-1997) 181373v3 6-11-7: NOTICE TO OWNER:t1 1156 (A) Contents Of Notice: In the event the Council finds that graffiti exists,the City Attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: 1. Contain a description of the real estate sufficient for identification. 2. Inform the owner that the Council has found graffiti exists on the owner's property. 3. Request that the owner remove or obliterate the graffiti within a reasonable time as determined by the Council. 4. Inform the owner that a motion for summary enforcement of the order will be made to the District Court for Dakota County unless corrective action is taken within the time allotted, or unless an answer is filed within twenty (20) days from the date of service of the order. An answer to the order must be served in the manner of an answer in a civil action and must specifically deny such facts in the order as are in dispute. (B) Service Of The Order: The written order shall be served upon the owner of record or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or upon the structure, and by four(4) weeks'published notice in the official newspaper of the City or any legal newspaper in the County. (C) Filing Of Order: A copy of the order with proof of service shall be filed with the Court Administrator of the District Court for Dakota County not less than five (5) days prior to the filing of a motion for enforcement of the order. (D)Default: If no answer is served,the City may move the Court for the enforcement of the order. If such motion is made the Court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the City may proceed with the enforcement of the order and specifically authorizing the City to enter the property to remove or abate the graffiti. (E) Contested Cases: If an answer is filed and served, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts. If the order is sustained following the trial, the Court shall enter judgment and shall fix a time after which the graffiti must be removed in compliance with the original order as filed or modified by the Court. If the order is not sustained, it shall be annulled and set aside. The Court Administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. (F) Enforcement Of Judgment: If the owner of record fails to comply with the judgment by failing to remove the graffiti within the time prescribed,the City may enter the property and remove the graffiti as set forth in the judgment. (Ord. 097-400, 8-4-1997) 6-11-8: COSTS TO BE ASSESSED:It-I I/ 181373v3 (A) In the event the City removes the graffiti, the costs of the removal may be a lien against the real estate on which the building or structure is located, or recovered by obtaining a judgment against the owner of the real estate on which the building or structure is located. A lien may be levied and collected as a special assessment in the manner provided by MSA sections 429.061 to 429.081, but the assessment is payable in a single installment. (B) The City shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses incurred in connection with its enforcement including filing fees, service fees,publication fees, attorney fees, appraiser fees, witness fees, expert witness fees and traveling expenses incurred by the City from the time the order was originally made. The City shall report its action under the order with a statement of expenses incurred to the Court for approval and allowance. The Court shall by its judgment certify the deficiency in the amount so allowed to the Municipal Clerk for collection. (Ord. 097-400, 8-4-1997) 6-11-9: GRAFFITI ABATEMENT CIVIL IN NATURE: i Section 6-11-7 or 6-11-8 of this Chapter relating to the abatement of graffiti, shall not be treated as misdemeanors nor shall they be criminal in nature. (Ord. 097-400, 8-4-1997) 6-11-10: PENALTY:t Any person who violates any provision of Section 6-11-3 of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding seven hundred dollars ($700.00) or by imprisonment for a period not exceeding ninety(90)days or both,plus, in either case,the costs of prosecution. (Ord. 097-400, 8-4-1997) Chapter 12 ARCHERY DEER HUNTING" 6-12-1: INTENT: 6-12-2: DEFINITIONS: 6-12-3: AUTHORIZATION FOR ARCHERY DEER HUNTING SEASONS: 6-12-4: SURVEY: 6-12-5: ARCHERY DEER HUNTING SEASON: 6-12-6: APPLICATION: 6-12-7: PERMIT FEES: 6-12-8: LOTTERY: 6-12-9: VIOLATIONS: 6-12-10: CIVIL/CRIMINAL LIABILITY: 6-12-11: EFFECTIVE DATE: 6-12-1: INTENT: E It is the intention of the City to protect the public safety interests of the City and the conservation interests of wildlife within the City by authorizing archery deer hunting within urban and public property areas of the City.Nothing in this Chapter is intended to supersede the hunting 181373v3 regulations of the State or the rights of individual property owners outside of those areas within the City. (Ord. 099-436, 8-2-1999) 6-12-2: DEFINITIONS:" 1J PUBLIC PROPERTY: For purposes of this Chapter, "public property" shall be defined as property owned by the City of Farmington and held as unimproved park land and as designated annually by the Farmington Park and Recreation Commission. URBAN AREA: That area of land within the City limits of the City of Farmington designated as Metropolitan Urban Service Area(MUSA) by the Metropolitan Council. (Ord. 099-436, 8-2- 1999) 6-12-3: AUTHORIZATION FOR ARCHERY DEER HUNTING SEASONS:"-I Each year on or before August 1,the City Administrator, in conjunction with the Police Chief, shall determine and report to the City Council if the public safety and conservation interests of the City justify allowing an archery deer hunting season in the urban and public property areas of the City in the upcoming season. The City Council will make a determination whether the City will authorize the urban hunt and issue permits for public property hunting for the upcoming season. (Ord. 099-436, 8-2-1999) 6-12-4: SURVEY:ti The City Administrator is authorized to prepare a survey card to be distributed to all Municipal permit holders to determine the number of deer taken, the location the deer were taken, the sex of the deer taken and any other information the City Administrator feels is relevant to make informed decisions on the management of the deer population. Failure to return the survey card shall be grounds to deny a Municipal archery hunting permit for the next season. (Ord. 099-436, 8-2-1999) 6-12-5: ARCHERY DEER HUNTING SEASON: Persons may hunt deer by means of bow and arrow in the City during the regular Minnesota State archery deer hunting season if they hold a valid Minnesota archery deer hunting license and either written permission of a private property landowner or a Farmington Municipal archery hunting permit under the conditions defined below: (A)Permits: 1. Municipal archery deer hunting permits shall be issued to hunt deer on authorized public property. Crossbows may be used only as authorized by State regulations. 2. No City permit shall be issued to hunt deer on any parcel of public land that is less than five (5) acres in size. 3. Archery deer hunting on private property may be authorized within the Municipal Urban Service Area of the City subject to restrictions of this Chapter and the rules of the Department of Natural Resources. 4.No archery hunting shall be permitted within three hundred feet(300') of any dwelling, place of business, school,place of worship or other structure likely to be occupied by people, or any other person. 181373v3 5. Municipal archery hunting permits issued pursuant to this Chapter are valid only when all the requirements of this Code and the State hunting regulations are complied with. 6. Archery deer hunting authorized under this Chapter is valid only on the public property specified on the permit or the private property of the landowner who has granted specific, written permission under this Chapter. It is the responsibility of the hunter to know the boundaries of the land on which they are authorized to hunt. 7. Nothing in this Chapter shall prohibit the owner of private property from imposing additional conditions on the granting of permission to hunt, including regulating the dates or times the permit is valid; provided, that no restrictions shall conflict with any State law or City ordinance. 8.Nothing in this Chapter shall prohibit a private landowner or the City Administrator or his/her designee from revoking permission to archery deer hunt at any time. (B) Suspension And Revocation: A Municipal permit issued under this Chapter is subject to suspension in the interest of public safety or revocation for a violation of any of the requirements of this Chapter. Suspension or revocation shall take effect immediately upon notice. 1. Suspension Notice: A Municipal permit may be suspended for a specified period of I time by the City Administrator or his/her designee. The permit holder shall be notified either in person or by certified mail of the suspension.Notice shall include the specific public safety concern and the length of the suspension. 2. Revocation Notice: A permit holder shall be notified of the temporary revocation of I the permit in person by the City Administrator or his/her designee or by certified mail at the address listed on his/her archery deer hunting application. Notice of temporary revocation of the permit shall include notification that the permit is immediately revoked and that the hunter has the right to a hearing with the City Administrator within ten(10) business days for a determination as to whether a violation of this Chapter occurred. If the permittee does not request such a hearing within ten(10) days,the City Administrator shall make such determination as deemed appropriate to reinstate or permanently revoke the archery deer hunting permit. 3. Hearing: If the permit holder requests a hearing for a determination as to whether the permit should be revoked,the hearing shall be held at a date no more than two (2)weeks after the demand for such hearing. Any records of reports from the Police Department, animal control officers, or officers of the Minnesota Department of Natural Resources shall be admissible without further foundation. After considering all the evidence, the City Administrator shall determine whether or not to revoke the permittee's Municipal archery deer hunting permit. 4. Ineligibility: Any person who has had their Municipal archery deer hunting permit revoked pursuant to this Chapter is ineligible to obtain a permit for the next hunting season. (Ord. 099-436, 8-2-1999) 6-12-6: APPLICATION: 1 IS Application shall be made for a Farmington Municipal archery hunting permit on a form I provided by the City Administrator or his/her designee. (Ord. 099-436, 8-2-1999) 6-12-7: PERMIT FEES:Q}i 181373v3 The City Clerk shall charge an administrative fee for processing the application and issuing the permit authorized by this Chapter in accordance with the annual fee resolution adopted by the City Council. (Ord. 099-436, 8-2-1999) 6-12-8: LOTTERY:tr MI Municipal archery deer hunting permits shall be issued by lottery of all eligible applicants. The I lottery shall be conducted by the Farmington Park and Recreation CommissionCity Council at its regular public meeting during the month of August. (Ord. 099-436, 8-2-1999) 6-12-9: VIOLATIONS: `1 Violation of any of the terms of a permit issued under this Chapter is a misdemeanor. (Ord. 099- 436, 8-2-1999) 6-12-10: CIVIL/CRIMINAL LIABILITY:1i 0 Nothing in this Chapter shall authorize the use of any archery equipment in a manner which will endanger any human being or property, and no license or permit granted hereunder shall in any way relieve the person acting hereunder from civil liability for any damage resulting from such use. Violation of this Chapter shall be a misdemeanor. (Ord. 099-436, 8-2-1999) 6-12-11: EFFECTIVE DATE:tI " This Chapter shall take effect immediately upon its passage and publication. (Ord. 099-436, 8-2- 1999) SECTION 2. Effective date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 15th day of June, 2015,by the City Council of the City of Farmington. • CITY OF FARMINGTON By: �/' Todd Larson, Mayor ATTEST: By: (Del-A---■' David McKnigh , • Administrator SEAL Approved as to form the P* day of , 2015. .54_ 181373v3 By: '0- oel J. Jamnik, 'y Attorney Summary published in the Farmington Independent the J6 day of , 2015. 181373v3 V CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 015-698 AN ORDINANCE AMENDING TITLE 6, SECTIONS 6-1, 6-2, 6-5 OF THE CITY CODE AS IT RELATES POLICE REGULATIONS REGARDING GENERAL OFFENSES, DOGS AND CURFEW REGULATIONS RESPECTIVELY NOTICE IS HEREBY GIVEN that, on July 6, 2015, Ordinance No. 015-698 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. 015-698, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that amendments have been made to the police regulations portion of the city code pertaining to general offenses, dogs and curfew regulations. 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 6th day of July, 2015. CITY OF FARMINGTON By: Toad Larson, Mayor ATTEST: By: David McKmgh City Administrator SEAL Approved as to form the — day of 2015. B ` City Att ey Published in the Farmington Independent the /G- 4 day offs 2015. o�F 4 City of Farmington de: p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 " ,� ° www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Fire Department-Human Resouces DATE: July 6,2015 INTRODUCTION The recruitment and selection process for the appointment of a paid on-call Assistant Fire Chief has been completed. DISCUSSION After a thorough review of all applicants by the Fire Department and the Human Resources Office,this promotional opportunity has been offered to Jeffrey Allbee, subject to ratification by the city council. Mr.Allbee has been with the Fire Department since May of 2006 and is currently a captain in the department.Mr.Allbee meets the qualifications for this position. BUDGET IMPACT The Assistant Fire Chief position is paid both a monthly stipend of$164.55 and an hourly rate of$10.75 per hour for training and call hours. Funding for this position is authorized in the 2015 budget. ACTION REQUESTED Approve the appointment of Mr.Jeffrey Allbee as a paid on-call Assistant Fire Chief effective on July 7, 2015. yOA City of Farmington d�� p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 -.•4 POO www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Fire Department-Human Resources DATE: July 6,2015 INTRODUCTION The recruitment and selection process for the appointment of the paid on-call Assistant Fire Chief position has been completed. DISCUSSION After a thorough review of all applicants by the Fire Department and the Human Resources Office,this promotional opportunity has been offered to Justin Elvestad, subject to ratification by the city council. Mr.Elvestad has been with the Fire Department since December of 2001 and is currently a captain in the department.Mr.Elvestad meets the qualifications for this position. BUDGET IMPACT The Assistant Fire Chief position is paid both a monthly stipend of$164.55 and an hourly rate of$10.75 per hour for training and call hours. Funding for this position is authorized in the 2015 budget. ACTION REOUESTED Approve the appointment of Justin Elvestad as a paid on-call Assistant Fire Chief effective on July 7, 2015. ' City of Farmington attiir r 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 4 �`' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve Adjustment in Hours for Two Positions in the Police Department-Human Resources DATE: July 6,2015 INTRODUCTION This memo provides information and requests approval to make adjustments in work hours for two administrative staff employees in the Police Department. DISCUSSION The Police Chief received a request from Ms.Sandra Pierce to change from working 40 hours per week to 30 hours per week. In evaluating that request,staff looked at the administrative staffing levels and determined that we could accommodate that request only if the current part-time position authorized to work 20 hours per week could be adjusted to working 28 hours per week.The employee in that position,Amy Mailhot, has indicated that she is interested in increasing her hours should this be approved by the city council. It is important to understand the effects on benefits when changing the authorized hours of a position. Per current policy,the city provides pro-rated paid leave benefits for positions authorized to work 24 hours per week. Both positions will now be eligible for these benefits. Ms. Pierce will see a reduction in the hours she currently accrues for holiday,sick, and vacation leave as a full-time employee to a pro- rated amount equal to 75 percent of the full-time accruals and will be as follows: Current: New(75 percent): Sick Accrual: 3.70 hours per pay period Sick Accrual: 2.77 hours per pay period Vacation Accrual: 6.15 hours per pay period Vacation Accrual: 4.61 hours per pay period Holiday Pay: 8.00 hours per holiday Holiday Pay: 6.00 hours per holiday Ms. Mailhot will now receive pro-rated holiday pay and paid time off(PTO) (All eligible new non- bargaining employees receive PTO instead of sick and vacation leave).The pro-rated amount equates to 70 percent of the fulltime accrual and is as follows: Fulltime: 70 Percent: PTO: 5.846 hour per pay period PTO: 4.09 hours per pay period. Holiday: 8.000 hours per holiday Holiday: 5.60 hours per holiday For purposes of health insurance, under the Affordable Care Act,working 30 hours per week is considered fulltime and health insurance coverage must be offered to those employees working 30 hours per week or 130 hours per month.The city did standardize benefits so both dental and life insurance are also based on working 30 hours per week.Therefore, Ms. Pierce will still be eligible for these group insurance options under the city's benefit plan. Additionally, per policy,employees in part-time positions are not permitted to work more than 28 hours per week and unpaid furloughs may be imposed on employees who exceed that amount.Therefore,the supervisor will need to ensure that they appropriately manage the hours Ms. Mailhot works. BUDGET IMPACT The changes being proposed are expected to be budget neutral.Additionally,both employees are in non-exempt (hourly paid) positions so their hourly rate of pay will remain the same. ACTION REQUESTED Approve adjustment in hours for Ms. Sandra Pierce and Ms.Amy Mailhot effective retroactive to June 1,2015. rcAR, j ; City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '�+-P• MOO`O www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Accept Donations to the Rambling River Center-Parks and Recreation DATE: July 6,2015 INTRODUCTION Donations to the Rambling River Center(RRC)have recently been made by Happy Harry's Furniture,Nancy Bohn,Landmark Tours and Charles Finstad. DISCUSSION A$302.67 cash donation was made by Happy Harry's Furniture to the Rambling River Center.The donation was made through a program created in 2011, in which a customer of Happy Harry's Furniture is able to select a charity of their choice to receive a donation when merchandise is purchased from the store and then 10%from the sale to the customer is donated to the charity. The Rambling River Center is one of the charities that can be selected. With this most recent donation,Happy Harry's Furniture has donated a total of$5,964.00 to the Rambling River Center since the program's inception.This donation has been deposited into the Rambling River Center Capital Improvement Fund and will be used for future improvements to the Rambling River Center building. Nancy Bohn gave a cash donation of$50.00 that is to be used for recycled greeting card supplies. Landmark Tours, a travel company that the RRC works with to offer extended travel trips to members provided a cash donation of$300.00 to the RRC in appreciation of the support and number of riders they have received from the RRC.This donation has been deposited into the Rambling River Center's Capital Improvement Fund. Charles Finstad recently provided a$1,000.00 donation to the RRC that he identified to be used for the following RRC purchases: • Coffee and end tables in sitting area of the RRC • Two lamps that will be set on the end tables • A carpet and chair cleaning machine • $50.00 for miscellaneous RRC purchases Staff will communicate the city's appreciation on behalf of the city council to Happy Harry's Furniture, Nancy Bohn,Landmark Tours and Charles Finstad for their generous donations. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the following donations to the Rambling River Center: • Happy Harrys Furniture$302.67 • Nancy Bohn$50.00 • Landmark Tours $300.00 • Charles Finstad$1,000.00 ATTACHMENTS: Type Description o Resolution Rambling River Center Donations RESOLUTION NO. R26-15 ACCEPT CASH DONATIONS TO THE RAMBLING RIVER CENTER FROM HAPPY HARRY'S FURNITURE,NANCY BOHN,LANDMARK TOURS AND CHARLES FINSTAD 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 6th day of July, 2015 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS, a$302.67 donation was made by Happy Harry's Furniture to the Rambling River Center; and, WHEREAS, a$50.00 donation was made by Nancy Bohn to the Rambling River Center; and, WHEREAS, a$300.00 donation was made by Landmark Tours to the Rambling River Center; and, WHEREAS, a$1,000.00 donation was made by Charles Finstad to the Rambling River Center; and, WHEREAS, it is required by State Statute that these donations be formally accepted; and, WHEREAS, it is in the best interest of the City to accept these donations. NOW,THEREFORE,BE IT RESOLVED the City of Farmington hereby accepts with gratitude the generous donations of$302.67 from Happy Harry's Furniture, $50.00 from Nancy Bohn, $300.00 from Landmark Tours and$1,000.00 from Charles Finstad to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of July 2015. Mayor Attested to the 7"11 day of July, 2015. qty Administrator SEAL yVW City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' ,�rte° www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Missie Kohlbeck,Recreation Supervisor SUBJECT: Adopt Resolution Accept Donations to the 2015 Dew Run-Parks and Recreation DATE: July 6,2015 INTRODUCTION Donations to the 2015 Dew Run were received from Kwik Trip, Health Source Chiropractic and Progressive Wellness and Runner's Gate. DISCUSSION The Dew Run was held on Saturday, June 20, 2015. This year there were a total of 357 registered runners participating in the Dew Run. Each year a portion of the costs for the Dew Run are offset with donations.In 2015 the following donations were received for the Dew Run: Name of Donor and Items Donated Kwik Trip: fruit(apples, oranges, bananas)for 400 people and 13 cases of water Runners Gate: (6) $25 gift cards, 3 pairs of socks, and 3 water bottles as prizes to overall men's& women's 1'1, 2°d,and 3rd place fmishers Health Source Chiropractic and Progressive Wellness: 300 granola bars and 4 dozen bananas Staff will communicate the city's appreciation on behalf of the city council for the generous donations received from these businesses. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the donations that were made to the 2015 Dew Run, ATTACHMENTS: Type Description Resolution Dew Run Donations RESOLUTION No. R27-15 ACCEPTING DONATIONS TO THE 2015 DEW RUN 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 6th day of July, 2015 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS, the following donations were received for the 2015 Dew Run: Kwik Trip fruit (apples, oranges,bananas) for 400 people and 13 cases of water Runners Gate (6) $25 gift cards, 3 pairs of socks, and 3 water bottles as prizes to overall men's&women's 1st,2nd, and 3rd place. Health Source Chiropractic and 300 granola bars and 4 dozen bananas Progressive Wellness WHEREAS, it is in the best interest of the City to accept these donations. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donations from Kwik Trip, Runners Gate and Health Source Chiropractic and Progressive Wellness that were used during the 2015 Dew Run. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of July 2015. Mayor Attested to the 7 fh day of July, 2015. V qty Administrator SEAL VW*, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ,, `' .- www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen-Fire Chief SUBJECT: Approve the Request to Purchase Fire Department Radios-Fire DATE: July 6, 2015 INTRODUCTION The Farmington Fire Department is seeking approval to purchase ten(10)portable radios.The Farmington Fireman's Relief Association and the Farmington Firefighters Auxiliary Association have each pledged a$10,000.00 donation to match the same donation from the City of Farmington to make this purchase possible. DISCUSSION The Farmington Fire Department(FFD)utilizes portable radios to communicate effectively during emergency incidents.As part of the review process of department operations as the new Fire Chief it was determined that the FFD had inadequate radio resources which is contributing to an unsafe work environment for our firefighters. In addition,current FFD radios will no longer be serviced or maintained after 2018 according to Motorola,the radio manufacturer. The FFD has only 30 portable radios with an allotted staffing of 50 members. The FFD apparatus has seating positions for 40 members. The purchase of an additional 10 radios would ensure that each and every firefighter operating on the scene of an emergency incident would have a radio to call for assistance in a life threatening event. The radios will operate on the Dakota Communications(DCC)radio system currently in use and the purchase is under State of Minnesota Contract for added cost savings. BUDGET IMPACT $10,000.00 from the City of Farmington to be matched with donations of$10,000.00 each from the Farmington Fireman's Relief Association and the Farmington Firefighters Auxiliary Association for a total of$30,000.00. ACTION REQUESTED, Approve the purchase of 10 portable radios and associated equipment. 4FAR14�► City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 'gat, .�5- www.ci.farmington.mn.us Paves TO: Mayor,Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Adopt Resolution Accepting Donation to the Fire Department-Fire DATE: July 6,2015 INTRODUCTION The Farmington Fire Department purchases bottled water for hydration of firefighters at emergency incidents and training exercises. When contacted recently about any available bulk purchase discounts at Costco Wholesale in Burnsville, the Assistant General Manager offered to provide a$50.00 gift card discount on the purchase of a pallet of bottled water. DISCUSSION Mr. Greg Heck is the Assistant General Manager of Costco Wholesale in Burnsville,Minnesota.As part to their community involvement initiatives, each Costco store has funding set aside to assist civic and community groups. When asked about a bulk purchase discount on a pallet of bottled water,Mr.Heck offered to contribute a$50.00 gift card to be used to offset the full price. BUDGET IMPACT A savings of$50.00 for the Fire Department line item for training and subsistance. ACTION REQUESTED Adopt the resolution accepting the$50.00 gift card towards the purchase of bottled water for firefighter hydration during emergency incidents and training exercises. ATTACHMENTS: Type Description a Resolution Donation Resolution RESOLUTION NO.R28-15 A RESOLUTION ACCEPTING DONATIONS TO THE FARMINGTON FIRE DEPARTMENT 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 6th day of July 2015 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Pitcher Members Absent: Donnelly Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS,the Farmington Fire Department purchases a large amount of bottled water each year as a part of safety precautions for its members; and WHEREAS,the Burnsville Costco has generously offered to donate a gift card towards this purchase. NOW THEREFORE BE IT RESOLVED that, after due consideration, the Mayor and City Council of the City of Farmington, Minnesota,hereby accept the donation of a$50 gift card from Costco to the Farmington Fire Department to be used towards the purchase of bottled water. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 6th day of July 2015. Todd Larson, Mayor Attested to the 7 day of July 2015. 4eSC.I id McKnight, tytAnistrator SEAL o�F ,, City of Farmington s430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 444, Fes° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Financw Director SUBJECT: 195th Street Project Bond Proceeds Reimbursement Resolution-Finance DATE: July 6,2015 INTRODUCTION In order to be reimbursed for certain expenditures that are made in advance of the related bonds being issued,the IRS requires the issuer adopt a reimbursement resolution. DISCUSSION The city plans to issue tax-exempt bonds this fall to finance a portion of the 195th street reconstruction project. The purpose of the attached resolution is to comply with the IRS regulations and document the city's intent to be reimbursed with an allocation of the bond proceeds. BUDGET IMPACT The city's budget anticipated a portion of the-195th street street reconstruction bond proceeds would be utilized to pay some of the expenditures incurred by the city related to this project. Other expenditures were expected to be paid for from the Storm Water Trunk Fund. ACTION REQUESTED Adopt the attached resolution relating to financing of certain proposed projects to be undertaken by the city; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. ATTACHMENTS: Type Description 0 Backup Material 195th Street Street Reconstruction Project Reimbursement Resolution RESOLUTION NO. R29-15 RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Member Bartholomay introduced and Member Pitcher seconded the following: BE IT RESOLVED by the City Council of the City of Farmington, Minnesota(the"City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the"Regulations")dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures,that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project 195th Street Reconstruction Project $5,800,000 (b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1)of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations,the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. -1- 3. Budgetary Matters. As of the date hereof,there are no City funds reserved,pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the"reimbursement allocations"described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. Adopted this 6th day of July, 2015. Mayor Attested to the )44 day of July 2015. wCi ity Adminis a •r SEAL -2- ,opRAve City of Farmington pZ 430 Third Street Farmington,Minnesota ik651.280.6800 -Fax 651.280.6899 ,,w ° www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: July 6,2015 INTRODUCTION Attached is the list of bills for June 10-30, 2015. DISCUSSION NA BUDGET IMPACT NA ACTION REOUESTED Approve the attached list of bills for June 10-30, 2015. 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O. 2 k1 z 10 2 I- k 2 o Co 0 CO cl• co co CD c _�\ N § § §§ 0 k/ / Z IX 0 CO El Z Z H § o 5 o CO G = Q $ tD CO CO CO CI> co k CO§ CV a$ — VP o 4 Z ) k k \ \ \ S K -c, p $ k 21 z 2 ■ CO 0 0 0 0 0 U) N 0 CO § 0 a 0 § § § § co ■ M co Z § § ) ) ) $ § K & L L L L m m m m II § § 2 2 2 2 W 0 2 - B B S G G ° § 0 0 0 0 0 L• b o / § \ 8 m k z z z z f Z t 0. § e 0 0 0 0 0 k § q a ° ® co U, co U) C O 8 CV 8 E ,- q co 5 e in § \ a k k Ni• 0 ■ ■ a a ga - S 2 / § § § 0 41104 City of Farmington pZ 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' `' www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Conduct a Public Hearing on a Therapeutic Massage License for Ellen Keske DATE: July 6,2015 INTRODUCTION Pursuant to City Ordinance 3-15-8, a public hearing must be held to issue a therapeutic massage license. DISCUSSION Ms. Ellen Keske has applied for a therapeutic massage license. Ms. Keske will be practicing therapeutic massage at Family Chiropractic Center located at 20700 Chippendale Avenue, Suite 7. The required fees have been received and the application has been reviewed by the Farmington Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2015 budget. ACTION REQUESTED After conducting the public hearing and having any questions answered, city staff recommends that a motion be made to approve a therapeutic massage license for Ellen Keske at Family Chiropractic Center, 20700 Chippendale Avenue Suite 7. o�Fsiy City of Farmington 430 Third Street / -- Farmington,Minnesota Vtir 651.280.6800 -Fax 651.280.6899 *.. www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve Reliance Communications, LLC-CivicLive License Agreement DATE: July 6,2015 INTRODUCTION The city requested and received proposals to redesign the city's website. DISCUSSION In January, staff advertised to receive proposals for the redesign and development of a new city website. The main goals of this project are to enhance the user experience by providing interactive content that is easily found through user-friendly navigation, handle growing and varied needs to effectively communicate city information, and decentralize content management to enable multiple content managers to keep the website current. The city received fourteen proposals. Attached is a listing of those proposals and the costs associated with each proposal. Staff rated each proposal based on their responses to interactive content, data migration, interface with existing systems,responsive design,training and the web designs of references. The top proposals were then forwarded to the website committee. A website committee was formed due to the importance of this project and is comprised of a member from each department. These members will most likely be the content managers for their department and will be responsible for maintaining the webpages and information specific to their departments. After a thorough review of the top six proposals, the website committee then invited the top three companies, CivicLive, Vision Internet, and Revise,to present their proposals.After reviewing all relevant information, CivicLive was chosen as the preferred vendor subject to reference checks. Staff then contacted other public entities who have worked with CivicLive on website projects and received positive references. (Please note that staff contacted cities other than those specifically listed as references.) A primary factor in choosing CivicLive was its content management system. The general opinion of the website committee, based on the information provided, is that CivicLive offers a simple to learn and use system that offers greater photo editing and design capabilities; and provides some additional programs and features that could be added in the future to replace other outdated and/or less efficient and more costly existing software programs. The attached agreement has been reviewed by staff and the city attorney. BUDGET IMPACT The cost for the website redesign, development and implementation is $28,900.00. Additionally, there is an option for an annual Software-as-a-Service (SaaS) fee that includes website hosting,maintenance, and support with an annual fee of$5,800.00. However, there is no annual SaaS fee for contract year one. If the city maintains a SaaS agreement with CivicLive for four years, the annual fee includes a design refresh of the website at the end of contract year four. The 2015 budgeted amount for this project is $32,000.00 and there are dollars currently allocated in future budgets to cover the annual SaaS fee. ACTION REQUESTED The action requested is for the city council to approve the license agreement and annual Software-as-a- Service(SaaS) fee with Reliance Communications,LLC-CivicLive. ATTACHMENTS: Type Description D Backup Material Website RFP Respondent List D Contract Reliance License Agreement * * o 0 0 l0 0 0 0 0 0 0 0 y o 0 0 to o o o 0 0 CD 0 IA U l0 O O 00 O O N O O ri o fp C 01 to O -i O to I- 0 0 LID 0 CO 0i Cr N l0 r-I O N i - 00 0 N 0 = N ri i/) .4.. M p LA. I� 3 C CD vi Q N i/� E C L i/1• in- i-n- i/1- in. in- in i/1- i/1- in- in- i!)• N t- 0 0 O M 0 0 Co O 0 0 0 0 0 0 C CO O 0 o C0 0 O O O O O O O O O 111 6 tf1 O 0 O tr1 O O O O O N 6 u 0 i N d' N 01 In I� 0 O N 0 0 00 CD C *+ 00 M co 'Ct 0l d' 01 C tff l0 d' 0 00 l0 as t o 4 tf1 00 a c. LA. l0 00 M C O e-1 r-I r'1 .-I N N N N 1 N N M 111 0) N N al V I r•i C 0 1 [0 al in N 0. I CO o CO IL N I- 0. i/)- in 'N- i/1 V} i/1- i/1 in-i in in- in i/1• i/1• in• 3 c c as I LI- C C 0 tn In j O. U O t N ++ O in J j co 0 co 7 to tin > p U a C •0 a) CO ` C In Y N co C f6 a)) ` U I a� co In E U 0 -a d *0 c -'� a) al > x a c , ` ` E 'c t4 O N o u j u 3 H 0. lei 0 = 0 a to o a>i .N .5 m > r>a In 2 a) p o 2 0 0 m >- cc > U U U CE A 0 w * N el 4 E C ` a C 0 U 0 La C N a . .0 O {J 15 a C 0 O C O H 0. FT C � OD a O• 0 .a C O C C O 0 O. N VI C 2 a C • O e C R• a 0 • C CO 0. ,E.E O w . V N a C V O O 2 2 0. A O 0 O a To i+ O 7 fOd O y N U In a C 3 = c a E m u > IS' o u • > V K civiclive Q CONNECT•ENGAGE.SERVE LICENSE AGREEMENT—TERMS &CONDITIONS Between: and: Reliance Communications, LLC City of Farmington, MN 718 University Avenue 430 Third Street Los Gatos, CA Farmington, MN 95032 55024 United States United States • (hereinafter referred to as"Provider") (hereinafter referred to as"Client") This Agreement sets out the terms pursuant to which Client may use the Licensed Materials (as that term is hereinafter defined). The "LICENSE AGREEMENT - Terms and Conditions" on the following pages of this document and the attached Appendices form an integral part of this Agreement. These documents constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out herein in this Agreement. [INTENTIONALLY LEFT BLANK] • • civiclive CONNuCT•ENOA88.888,8 The parties by their authorized representatives and intending to be legally bound have entered into this Agreement upon execution of same, as indicated below (the "Effective Date"). Reliance Communications, LLC City of Farmington, MN Signature: Signatur Name: Name: % 4, 1a r-s-av7 Title: Title: nay,e) <' Date: Date: 7/745/ City of Farmington, MN Signatur- .. ( L1� Name:i 4W) / / M t Title:`-/f ADP/uisi- • Date: 1..°7-Z6/5 FINTENTIONALLY LEFT BLANK' Page 2 of 15 cwiclhve • These Terms for Services (as defined below) apply to sales made by Reliance Communications, LLC ("Provider") to the Client issuing a purchase order or similar instrument to Provider ("Client"), as of the date of such purchase order ("Effective Date"). These terms consist of these terms and conditions and any order forms, purchase orders or statements of work referencing these terms or issued by Client to Provider, and any quotes • from Provider to Client on which a purchase order is based (each, an"Order") describing the Provider Services that Provider agrees to provide to Client. The parties hereby agree as follows: 1. Services and Orders. The services are the automated services, business process services or other related services agreed to in the applicable Order, as reflected in Appendices A & B, and provided by Provider (the "Services"). Orders may be executed by Client and Provider or by Client and a Provider Affiliate (as defined in Rule 405 of the Securities Act of 1933), must incorporate this Agreement by reference, shall govern and control in case of conflict with any other agreement, and in conjunction with this Agreement shall form a separate agreement between Client and Provider or between Client and the Provider Affiliate that executes the applicable Order. Client shall look only to the Provider Affiliate that executes the Order with respect to any right or obligation with respect to such Order. By executing an Order or using or accessing the Services, Client agrees to be bound by this Agreement. 2. Term and Termination. • 2.1. Term. This Agreement will continue from the Effective Date until the expiration or termination of the latest-ending Order. Each Order will specify its duration (each an "Order Term"). The termination of any Order shall not otherwise effect this Agreement or any other Order. 2.2. Termination of an Order For Cause. Any Order may be terminated as follows: (a) by either party upon the failure by the other party to perform any material obligation related to such Order that is not cured within thirty (30) days after receipt of written notice and demand for cure from the affected party; (b) by either party upon the violation by the other party of any applicable state or federal law, statute, rule or regulation in relation to its performance of the Order; provided that such right to terminate shall only be available for 30 days from the time that the non-violating party is aware or should have been aware of such breach; or(c) by Provider, upon fourteen (14) days written notice if undisputed payments are in arrears. In addition, Provider may take any or all of the following actions any time undisputed payments are more than fourteen (14) days in arrears: (i) suspend the Services; or(ii)withhold data, materials or reports. 2.3 Termination of an Order without Cause. Client may terminate an order without cause by providing sixty(60)written notice to Provider. Client shall be obligated to pay for services provided up to the Termination Date by Provider 3. Charges. Client agrees to pay for the Services in accordance with the rates set forth in the applicable Order in addition to all applicable taxes, fees and surcharges set forth on Client's invoice. Any sum due Provider hereunder will be due and payable via electronic funds (ACH, EFT or wire) or check thirty (30) days from the date of invoice. Client will pay interest on all past due sums at a rate which is the lesser of one and a half percent (1.5%) per month, or the highest rate allowed by law. In the event part of an invoice is in dispute, Client agrees to pay the undisputed portion of the invoice and make a note on the invoice Page 3 of 15 • civiclive� WtWac,.BNGAPH SERVS regarding the disputed portion within thirty (30) days from the date of invoice, otherwise Client will be deemed to agree to such charges and Provider will not be subject to making adjustments to charges or invoices. 4. Maintenance of Service. Provider agrees to provide and maintain the Services in a workmanlike manner customary for service providers in the industry. Provider does not warrant or guarantee in any way the results from the Services. Client agrees to provide and maintain systems and materials reasonably required by Provider to perform the Services, including as applicable, but not limited to: Client or third party databases; Client or third party software, hardware, systems, routing and network addresses and configurations; and key contacts for problem escalation (collectively the "Client Systems and Materials"). Provider shall not be liable hereunder relating to the Client Systems and Materials including the failure by Client to timely provide the Client Systems and Materials. 5. Representations And Warranties. • 5.1. Each party represents and warrants to the other that: (a) its execution and performance of this Agreement and the applicable Order will not violate any provision of law, rule, regulation to which such party is subject; and (b) such party will comply with all laws, rules and regulations pursuant to which such party conducts its business. 5.2. Each party represents and warrants to the other that: (a) it has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and the applicable Order; (b)the execution, delivery and performance of this Agreement and the applicable Order have been duly authorized by such party; (c) no approval, authorization or consent of any governmental or regulatory authority is required to be obtained by it in order for it to enter into and perform its obligations under this Agreement and the applicable Order; and (d) the signatory to this Agreement and the applicable Order possesses all necessary authority to enter into the Agreement and applicable Order. 5.3. Client represents and warrants that: (a) the Client Systems and Materials, all representations to be made by Provider as a part of Client's programs, and the content, timing, recipients and nature of all programs (including outbound communications and promotions and advertising to induce calls to Client's programs)will be in compliance with all laws, rules, regulations; and (b) Client is solely responsible for the content and rights to use the Client Systems and Materials and Provider's use of the Client Systems and Materials shall not violate the rights of any third party or any law, rule or regulation. Client specifically acknowledges and agrees that Provider has not and is not expected to provide Client with any analysis, interpretation or advice regarding the compliance of any aspect of Client's Materials or programs with any third party rights or laws, rules, or regulations. Upon request, Client shall provide reasonable proof of compliance with the provisions set forth in this section and Provider shall have no obligation to provide Services where Provider reasonably believes that Client has not so complied. 5.4. Provider represents and warrants that Provider can grant the licenses, and privileges granted by this Agreement ("Licensed Materials Provider further represents and warrants that Provider has no actual knowledge of any infringement claims filed against Provider for practicing the Licensed Materials anywhere in the world.. The Licensed Materials are provided"AS IS."" 6. License and Content. 6.1. Subject to Client's compliance with the terms and conditions of this Agreement, Page 4 of 16 civiclive CONN.CT•¢NOAOO.OSRVE • Provider hereby grants Client a non-exclusive license during the applicable Order Term to use the Services set forth in the applicable Order. Except as specifically set forth herein, Provider or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Services. Client agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Other than using the Services for Client's internal business purposes, Client may not resell the Services or otherwise generate income from the Services. 6.2. Client is solely responsible for the information or content submitted, posted, , transmitted or made available through its use of the Services ("Content"). Client may use the Services to transmit Content or direct Provider to make contacts via any channel (in either case "Messages") to, or with, recipients (the "Recipients"). Client is responsible for maintaining the confidentiality of its accounts and owner numbers and necessary codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with its accounts whether or not authorized by it including unintended usage due to holidays, daylight savings, computer clock errors or similar circumstances. Client acknowledges and agrees that Provider does not control nor monitor the Content nor guarantee the accuracy, integrity, security or quality of such Content. Use of recording or taping any use of the Services may subject Client to laws or regulations and Client is solely responsible for and obligated to provide any required notification to those being recorded or taped. • 6.3. Client represents and warrants that: (a) it has the legal right to use all Content and send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content, timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations; (b) it is the transmitter of all Content and Messages and Provider is merely acting at Client's direction as a technology conduit for the transmission of the Content and the Messages; (c) Provider's use of the Content shall not violate the rights of any third party or any law, rule or regulation and (d) it will not transmit or allow to be transmitted any Content or Messages that: (i) it does not have a right to make available under any law or under contractual or fiduciary relationship; (ii) are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harmful to minors in any way; (iii) infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party; (iv) utilize any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other forms of solicitation; or (v) interfere with or disrupts the Services or servers or network operator networks. 6.4. Client further represents and warrants that: (a) it has obtained prior express consent to contact each wireless phone number delivered by Client to Provider in connection with the provision of any Services delivering a prerecorded message, and that the intended contact recipient is the current subscriber to the wireless phone number("Notification Services"); (b) it (1) has incorporated an interactive opt-out mechanism as part of any program relating to any Notification Services or(2)the contacts that are the subject of such Notification Services are not initiated to induce the purchase of goods or services or to solicit a charitable contribution ("Solicitations"), and (c) it has obtained from the recipient of any Solicitation an express written agreement that meets the requirements set forth in Section 310.4(b)(1)(v)(A) Page 6 of 15 • civ!clive COMM.•M.G..3811111 of the FTC's Telemarketing Sales Rule. 6.5. Client acknowledges and agrees that where Provider reasonably believes that Client may not have complied with all laws, rules and regulations applicable to the performance of Notification Services, Provider may, at its option: (i) scrub all numbers against any appropriate data base deemed necessary to remove all wireless phone numbers; (ii) insert an interactive opt-out mechanism and pass the resulting data to client, or(iii) not provide any Notification Services. 6.6. Client shall indemnify, defend and hold Provider, its affiliates and their officers, directors, employees and agents harmless from and against any and all claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from Provider following Client's instructions in sending the Messages or Client's breach of any representation and warranty set forth in Sections 6.2 — 6.6. 7. Confidentiality and Proprietary Information. 7.1. Each party may disclose (the "Discloser") confidential and proprietary information ("Confidential Information") to the other party (the "Recipient"). In each such case, the Recipient shall hold such Confidential Information in confidence and shall not disclose such Confidential Information except to a party's Affiliates, employees•or agents who have a need to know such Confidential Information in order to perform such party's obligations under this Agreement. Client's Confidential Information shall include of all information relating to the trade secrets or business affairs of Client including consumer data, merchandising plans, marketing plans and product design and information. Provider's Confidential Information shall include the computers, systems and software operating the Service and all documentation, development tools, phone numbers, know-how and data related thereto,and any derivative works thereof as well as physical property, analytical procedures, techniques, skills, ideas, models, research, development, trade secrets or business affairs of Provider, its Affiliates or their employees, suppliers or agents. Neither party shall have any rights in the other party's Confidential Information and shall return or destroy all such Confidential Information upon the termination of the applicable Order or the request of the Discloser. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Confidential Information residing on Recipient's backup, disaster recovery, or business continuity systems and the obligations hereunder with respect to such Confidential Information shall survive until such Confidential Information is destroyed. 7.2. Notwithstanding any other term hereof, the term "Confidential Information" shall not include information that: (a) was already in the lawful possession of the Recipient prior to receipt thereof, directly or indirectly, from the Discloser; (b) lawfully becomes available to Recipient on a non-confidential basis from a source other than Discloser that is not under an obligation to keep such information confidential; (c) is generally available to the public other than as a result of a breach of this Agreement by Recipient or its representative(s); or(d) is subsequently and independently developed by employees, consultants or agents of the Recipient without reference to the Confidential Information disclosed hereunder. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any request of a competent governmental body provided that, promptly upon receiving any such request and to the Page 6 of 16 civiclive CONNECT•BNOAOB•SBRVd extent that it may legally do so, such party advises the other party of the request prior to making such disclosure in order that the other party may interpose an objection to such disclosure,take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 7.3 Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Provider and its subcontractors, if any, relative to this Contract are subject to examination by the City or the Minnesota State Auditor. 8. Indemnification. 8.1. General Indemnity. Client shall indemnify, defend and hold Provider, its Affiliates and their officers, directors, employees and agents harmless from and against any and all third party claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or resulting from: (a) a breach by Client of any term of this Agreement or an Order; (b)the Client Systems and Materials; (c) a claim relating to any defect in any product or service offered by Client, its Affiliates or any of their agents or Clients ; or (d) all liabilities, demands, damages, expenses, or losses arising out of or resulting from any usage of the Licensed Materials. Nothing herein shall require the Client to indemnify the Provider for any claim or any portion of any claim that arises from the Provider's reckless, wanton, wrongful, or otherwise negligent acts of the Provider. Provider shall indemnify, defend and hold Client, its Affiliates and their officers, directors, employees and agents harmless from and against any and all third party claims of loss, damages, liability, costs, and expenses (including reasonable attorneys' fees and expenses) arising . out of or resulting from a breach by Provider of any term of this Agreement or an Order. Nothing herein shall require the Provider to indemnify the Client for any claim or any portion of any claim that arises from the Client's reckless, wanton, wrongful, or otherwise negligent acts of the Client. 8.2. Provider Intellectual Property Indemnity. Provider will have the obligation and right at the entire expense of Provider to defend any claim, suit or proceeding brought against Client its Affiliates or their officers, directors, employees or agents so far as it is based on a third party claim that the Services supplied by Provider infringe a United States copyright or a United States patent issued as of the effective date of the applicable Order, provided that Provider will have no indemnity obligation or other liability hereunder arising from: (1) Client's willful, reckless, wanton, wrongful, or otherwise negligent acts; (2) breach of the Agreement or an Order or alteration of the Services as provided by Provider; (3) the Client Systems and Materials or Services that are based upon the Client Systems and Materials, or information, design, specifications, directions, instruction, software, data, or material not furnished by Provider; (4) combination of the Services with the Client Systems and Materials or any materials, products or services not provided by Provider; or any (5) Page 7 of 15 civiclive CONNacr•MOM,.•seava third party products or services. Notwithstanding the foregoing, in order to be indemnified to the extent stated, the Client must operate the Licensed Materials within the instructions and technical limits provided or approved by the Provider. If such a claim is or is likely to be made, Provider will, at its own expense and sole discretion, exercise one or the following remedies: (1) obtain for Client the right to continue to use, the Services consistent with this Agreement; (2) modify the Services so they are non-infringing and in compliance with this Agreement; (3) terminate the applicable Services without liability for such termination other than the ongoing indemnity obligation hereunder. The foregoing states the entire obligation of Provider and its suppliers, and the exclusive remedy of Client, with respect to infringement of proprietary rights. • 8.3. Indemnification Procedure. The party claiming indemnification shall: (a) provide prompt written notice to the indemnifying party of any claim in respect of which the indemnity may apply; (b) relinquish control of the defense of the claim to the indemnifying party; and (c) provide the indemnifying party with all assistance reasonably requested in defense of the claim. The indemnifying party shall be entitled to settle any claim without the written consent of the indemnified party so long as such settlement only involves the payment of money by the indemnifying party and in no way affects any rights of the indemnified party. The indemnities set forth herein shall not apply to the willfulness on the part of the indemnified party or negligence of the indemnified party 9. Miscellaneous. 9.1. Entire Agreement and Integration. This Agreement, in conjunction with the applicable Order constitutes the entire agreement between the parties to such Order with respect to the subject matter of this Agreement and the applicable Order and supersede all prior agreements, discussions, proposals, representations or warranties, whether written or oral. The Agreement and Orders may be executed by fax, and/or in any number of counterparts, all of which shall together be considered an original and may be evidenced by a fax or scanned electronic(e.g. .pdf, .tif) copy. 9.2. Notices. Any notice to be provided shall be in writing and shall be deemed given: (a) if by hand delivery, upon receipt thereof, (b) if mailed, three (3) days after deposit in the United States mail, postage prepaid, certified mail return receipt requested, or(c) if by next day delivery service, upon such delivery, or (d) if by facsimile transmission, upon receipt of such transmission,to the addresses or facsimile numbers set forth below the signature block or to such other addresses or facsimile numbers as either party may designate from time to time by written notice to the other party hereto. 9.3. Assignment. This Agreement and Orders may not be assigned or transferred by a party thereto without the prior written consent of the other party therto, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Provider may freely assign • this Agreement and Orders to an Affiliate or to an acquirer of all or part of Provider's business or assets,whether by merger or acquisition. 9.4. Waiver., No course of dealing or failure of a party to enforce strictly any term or provision or to exercise any right, obligation, or option provided, will waive such term, provision, right, obligation or option. 9.5. Independent Contractors. The Agreement and Orders are not a joint venture or partnership, and each party is entering the relationship as a principal and not as an agent of the other. The parties hereto agree that Provider is an independent contractor in performing the Services. Page 8of15 civiclive 9.6. Choice of Law. This Agreement and Orders shall be governed under the laws of the State of Minnesota without regard for its choice of law principles. Client agrees that any legal action involving this Agreement or Orders in any way will be instituted in a court of competent jurisdiction located in the State of Minnesota, and Client consents to jurisdiction of the state or Federal courts in the State of Minnesota over Client's person for purpose of such legal action. 9.7. Enforcement. All users of the Services must adhere to the terms of this Agreement. Provider has the right, but are not obligated, to strictly enforce this Agreement through self- help, active investigation, litigation and prosecution. Provider may also access and disclose any information (including transactional information) related to Client's access and use of our website or network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with law, rule or regulation (e.g., a lawful subpoena); (3) protecting our rights or property and those of our Clients; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. 9.8. Recording. Client agrees that all calls may be recorded or monitored by Provider at Provider's option. Such recording or monitoring shall not violate any state or federal law. 9.9. Taxes. Provider shall add to each invoice and Client shall pay any sales, use, excise, value-added, gross receipts, services, labor related, consumption and other similar taxes or surcharges , however designated, that are levied by any taxing authority in connection with the provision or use of Services under this Agreement or any Order. If at any time during the Term of this Agreement or any Order, Provider believes that it is required by law to collect any new or additional taxes for which Client would be responsible for paying, Provider shall notify Client of such taxes, collect such taxes directly from Client and remit such taxes to the appropriate governmental authority. If any taxing authority determines at any time that Provider has incorrectly determined any tax liability regarding taxes for which Client is responsible pursuant to this Agreement or any Order, Provider shall have the right to invoice Client for such taxes determined by such taxing authority to be due and owing. If Client is exempt from taxes, Client shall provide a copy of any documentation evidencing such exemption before it begins to receive any of the Services. 9.10. Severability. If any provision of this Agreement or the applicable Order is held invalid or unenforceable at law, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable and the remainder of this Agreement and the applicable Order will continue in effect and be valid and enforceable to the fullest extent. 9.11. No Third party Beneficiaries. This Agreement and Orders are for the sole benefit of the parties to such Order and are not intended to, nor shall it be construed to, create any right or confer any benefit on or against any third party. 9.12. Interpretation. "Including" means "including, without limitation", and "days" refers to calendar days. This Agreement and each Order is the joint work product of the parties thereto, and no inference may be drawn or rules of construction applied against either party to interpret ambiguities. If any terms of this Agreement and an Order conflict, the terms of the Order will govern for that Order only. No preprinted or form terms, including on any purchase order,will apply. 9.13. Force Maleure. Neither party shall be liable for delays and/or defaults in its performance (other than Client's obligation to pay fees for Services performed) due to Page 9 of 15 civiclive T) coaaaci•9aaao8•asava causes beyond its reasonable control, including, but without limiting the generality of the foregoing: acts of god or of the public enemy; fire or explosion; flood; stability or availability of the Internet; the elements; telecommunication system failure; war; technology attacks, epidemic; acts of terrorism; riots; embargoes; quarantine;viruses; strikes; lockouts; disputes with workmen or other labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or requests of any governmental authority; or any other cause beyond its reasonable control,whether or not similar to the foregoing. 9.14. Amendments. Each amendment, change,waiver, or discharge shall only be valid if made in writing by authorized representatives of all applicable parties. 9.15. Survival. All provisions of this Agreement or any Orders which by their nature should survive termination shall survive termination including Sections 2, 3, 5, 6, 7, 8 and 9 of this Agreement. 10. Limited Warranty and Limitation of Liability. 10.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AND PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROVIDER EXPRESSLY DENIES ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR CONDITION OF DATA OR THAT THE SERVICES OR RELATED SYSTEMS WILL OPERATE UNINTERRUPTED OR ERROR-FREE. 10.2. NO CAUSE OR ACTION WHICH ACCRUED MORE THAN TWO (2)YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED UNDER THIS AGREEMENT BY EITHER PARTY. 10.3. EXCEPT FOR THE PARTIES' PAYMENT OBLIGATIONS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER. THE TOTAL LIABILITY OF PROVIDER FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO PROVIDER BY CLIENT UNDER THE Order APPLICABLE TO THE EVENT GIVING RISE TO SUCH ACTION DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE LIMITS ON LIABILITY IN THIS SECTION SHALL APPLY IN ALL CASES INCLUDING IF THE APPLICABLE CLAIM ARISES OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT PRODUCT LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE OR FORESEEABLE. [INTENTIONALLY LEFT BLANK] Page 10 of 15 civiclive CONNUCT•8N0A08.088V0 APPENDIX A—LICENSED SOFTWARE AND FEES The Components which are the subject of the License, the Software Licenses granted to the Client and the fees payable to Provider hereunder are as follows: 1. Licensed Software The Components of the Platform Suite which are licensed to the City of Farmington, MN hereunder are the following: • SitePublish Web Content Management System. 2. Software Licenses The utilization rights of the Client are as follows: (a) Client is granted an Unlimited-User Software License; (b) The Territory is the State of Minnesota. 3. Professional Services Fees The following one-time Professional Services costs are included as part of the implementation: Website Design, Development&Implementation* $28,900 Two Sessions of On-Site Training** Included Collaborative Content Migration Included Year Four Website Redesign Plan (if desired) Included Total Professional Services Fees: $28,900 *See separately provided Updated Project Proposal for cost breakdown per project timeline. **Travel expenses to be charged separately and in addition. 4. Payment Schedule re: Professional Services Fees 50% on Contract Signing 25% on Delivery (installation of software in Client environment) 25% on Acceptance(UAT completion) Page 11 of 15 civiclive CONNECT•ENGAGE•SERVO APPENDIX B—SAAS: HOSTING, MAINTENANCE AND SUPPORT 1. Software-as-a-Service(SAAS) • The following are included as part of the Software-as-a-Service (SAAS): a) Enterprise-grade Data Protection and Unlimited-Bandwidth Website Hosting Services b) CMS Software Version Upgrades& Maintenance c) Unlimited Access to Technical Support • Client will pay Provider each year(each such term is referred to here as an "Annual Hosting, Maintenance & Support Term").an annual fee of$5,800* due to Provider hereunder and is payable annually in advance on the Delivery Date. This annual fee may be increased annually by no more than 5% by Provider by providing Client with notice of not less than thirty(30) days prior to the end of a Maintenance Term. *There is no annual SaaS fee for Contract Year#1 2. Technical Support&Maintenance Provider will provide the following Support & Maintenance Services for the Licensed Software: (a) Support: Provider will provide unlimited access to our CivicLive Technical Support team once the Client's website has gone live. (b)Availabilitv:CivicLive Support will be available through CivicLive's Bug Tracking System and CivicLive's Support Email account (supportQciviclive.com) to Client between the hours of 8:00 a.m. and 7:00 p.m. (Eastern timezone), during any day, other than a Saturday, Sunday, statutory or civic holiday in Toronto, Ontario or the Client's local jurisdiction ("Normal Service Hours"). (c) Response Time: During Normal Service Hours, CivicLive Support will respond to Client's Support requests within twenty four (24) hours of the initial request. The time to solve, identify, .diagnose, and correct errors (if necessary) will depend on the complexity of each problem. (d) Emergency Support & Response Time: CivicLive Support will provide an emergency pager number for emergency support requests made outside of Normal Service Hours. CivicLive will guarantee a maximum four(4) hour response time, 24 hours a day, seven (7) days a week. Page 12 of 15 civiclive CGRSEGT•ERGAOE•SERVE (a) Support: Provider will provide unlimited access to our Technical Support team once the Client's website has gone live. (b)Availabilitv:CivicLive Support will be available through Reliance's Bug Tracking System and CivicLive's Support Email account (support@civiclive.com) to Client between the hours of 8:00 a.m. and 7:00 p.m. (Eastern timezone), during any day, other than a Saturday, Sunday, statutory or civic holiday in Toronto, Ontario or the client's local jurisdiction ("Normal Service Hours"). • (c) Response Time: During Normal Service Hours, CivicLive Support will respond to Client's Support requests within twenty four (24) hours of the initial request. The time to solve, identify, diagnose, and correct errors (if necessary) will depend on the complexity of each problem. (d) Emergency Support & Response Time: Reliance will provide an emergency pager number for emergency support requests made outside of Normal Service Hours. Reliance will guarantee a maximum four (4) hour response time, 24 hours a day, seven (7) days a week. 3. Client's Obligations (a)Access: During each Hosting, Maintenance & Support Term, Client will provide Reliance with reasonable access (via remote telecommunications or on-site access at Client's premises, as applicable) to Client's copies of the Licensed Software to the extent necessary, in Reliance's discretion,to enable Reliance to meet its support obligations as set forth in this Agreement. (b) Communications Link: During this Agreement, Client may, at its sole expense, provide access via the Internet. Reliance may be entitled to use this Internet connection in discharging its responsibilities under this Agreement. Reliance shall have no liability to Client if Reliance's ability to render support is impaired by Client's inability to provide telecommunications functionality required for remote support. (c) Maintenance: Client shall designate two (2) individuals to be generally available to confer with Reliance regarding Maintenance Services("Maintenance Contacts"). Reliance will provide Maintenance Services only to Client's Maintenance Contacts. 4. Fees for Other Services Client shall reimburse Reliance for reasonable travel expenses, and reasonable incidental expenses relating to Maintenance Service at Reliance's then current prices then in effect. Reliance shall bill such fees and expenses on a monthly basis, attaching time sheets normally used by Reliance. Client shall not be liable for the aforesaid expenses unless Client has given Reliance approval to incur them. Page 13 of 15 civiclive CONMHCT.00OA98.SSRV6 APPENDIX C—MARKETING • 1. Client will make a reasonable attempt to work with the Reliance Marketing Department to gather information and meet deadlines associated with website award contest entries throughout the term of this Agreement. 2. Client permits Reliance to include an example of the Client's home page and a link to the Client's website on the Reliance corporate website. 3. Client will make a reasonable attempt to work with the Reliance Marketing Department to create a case study related to their website. 4. Client agrees to allow Reliance to display a "Powered by CivicLive" insignia and web link at the bottom of their web pages. 5. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. APPENDIX D—CIVICLIVE PROPOSALS The separately provided project proposal and pricing documents submitted by CivicLive in response to Client's Request for Proposals.(RFP)for the project that forms the subject of this Agreement is hereby incorporated as Appendix D of same. • [INTENTIONALLY LEFT BLANK] Page 14 of 16 civiclive CCNUBCT.ENGAGE.88906 APPENDIX SIGNATURE BLOCK Reliance Communications, LLC City of Farmington, MN Signature: Signature Name: Name: 71d Lc ceas7 Title: Title: y,r-- Date: Date: /-? City of Farmington, MN Signature: ..4`/� Name:til�-�N�1r� 1 , '°Mt Title:CIT'f A-Put P ,TX Date: 1-7—Z6(5 • Page 16 of 16 4114,4*, City of Farmington „s 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 \at. 4 www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Jennifer Dullum SUBJECT: Approve Change Order#1 and Final Pay Request-2014 Pond Dredging Project DATE: July 6,2015 INTRODUCTION The city council awarded the 2014 Pond Dredging Project at the October 20, 2014, city council meeting. The project is now complete and change order#1 and the final pay request are presented for approval. DISCUSSION Change Order: Change orders are a way to modify an existing contract when unexpected items come up,or as the terms of a contract change. Due to the nature of projects, it is impossible to predict the quantities of every line item in the contract. Therefore,there will be at least one change order on a project and the fmal change order on a project will adjust the estimated quantities from the original contract to the actual quantities used so that the total project cost will match the revised contract amount. On this change order there are only two items;both in muck excavation and both coming in below the original contract amount. The two ponds that were dredged reached the desired storage capacity with a lesser amount of muck having to be removed which results in a cost savings for the city. Final Pay Request: The final pay request includes the adjustments from change order#1 and represents full and final compensation to the contractor for work performed. The total for the final pay request is $8,234.55, which will bring the grand total paid to the contractor to $45,941.00, equal to the revised contract amount on the change order. BUDGET IMPACT The original contract amount was $53,460.00. The combined total of change order #1 subtracts $7,519.00 to the contract for a total of$45,941.00. Funds for this project have been allocated from the stormwater budget. ACTION REQUESTED By motion, approve change order#1 and the final pay request for the 2014 Pond Dredging Project. ATTACHMENTS: Type Description o Backup Material Signed change order and final pay request D Backup Material MN Dirt Works Invoice#2 (,,,___Iiw.,,, �, City of Farmington 7 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 "•arate'' wwwci,farmington.mn.us Contractor's Request for Payment 2014 Pond Dredging Project Summary 1 Original Contract Amount $ 53,480.00 2 Change Order-Addition $ 3 Change Order-Deduction $ 7,519.00 4 Revised Contract Amount $ 45,941.00 5 Value Completed to Date $ 45,941.00 6 Material on Hand $ - 7 Amount Earned $ 45,941.00 - 8 Less Retainage $ 9 Subtotal $ 45,941.00 10 Less Amount Paid Previously $ 37,708.45 11 Liquidated Damages $ - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.2 and FINAL $ 8,234.55 Request Coverage Dates February 28,2015 to May 20,2015 Recommended for Approval by: Jen Dullum-Project Engineer Approved By Contractor: Approved By Owner. MN DIRT WORKS,INC. CITY OF FARMINGTON ' d J- Tom Berme!-Project Manager Robin Hanson-Finance Director Kevin Schorzman-City Engineer Date: No. Item Unita Contract Qty Unit Price Current Quantity Quantity to Date Amount to Date BASE DID ITEMS; PART 1-POND•REDOING-PINE RIDGE FOREST POND 1 MOBILIZATION LS 1 $ 2,700.00 0 1 $ 2,700.00 2 TRAFFIC CONTROL LS 1 $ 50000 0 1 $ 50020 3 CLEARING AND GRUBBING LS 1 $ 3,900.00 0 1 $ 3,900.00 4 MUCK EXCAVATION(EV)-MANAGEMENT LEVEL 1 CY 1,100 $ 21.50 0 798 $ 17,157.00 5 SITE RESTORATION LS 1 $ 4 50000 1 1 $ 4,500.00 TOTAL PART 1: $ 28,767.00 PART 2-POND DREDGING-EAST FARMINOTON POND 8 MOBILIZATION LS 1 $ 1,800.00 0 1 $ 1,900.00 7 TRAFFIC CONTROL LS 1 $ 500.00 0 1 $ 500.00 8 MUCK EXCAVATION(EV)-MANAGEMENT LEVEL 1 CY 7404$ 19.00 0 888 $ 13,034.00 9 SITE RESTORATION LS 1 $ 1,750.00 1 1 $ 1,750.00 TOTAL PART 2: $ 17,184.00 TOTAL BASE BID ITEMS(TOTAL PART 1♦TOTAL PART 2): $ 45.E-00 ,;�o� �, City of Farmington�Street Farmington,Minnesota �ti� e 651.280.6800.Fax 651.280.6899 4 www.eitarmington.mn us Change Order No.1 (Final Change Order) 2014 Pond Dredging City of Farmington Project No.14-03 Contractor:MN Dirt Works,Inc. Date:May 20,2015 Description of Work The following changes address improvements to the 2014 Pond Dredging Project: A) Part A is the balance of the items used for the 2014 Pond Dredging Project PART A-Balance Existing New Item Contract Contract Balanced Item No Item Desciption Units Quantity Quantity Unit Price Amount A 4 Pine Ridge Forest Muck Excavation-Level 1 CY 1,100 798 $ 21.60 $ (6,493.00) A 8 East Farmington Muck Excavation -Level 1 CY 740 686 $ 19.00 $ (1,026.00) PART A SUB TOTAL $ (7,519.00) TOTAL CHANGE ORDER NUMBER 1 $ (7,619.00) Original Contract Amount $ 53,460.00 Previous Change Orders $ - This Change Order $ (7,619.00) Revised Contract Amount(including this change order) $ 48,941.00 Recommended for Approval by: Jen Dullum-Project Manager Approved by Contractor. Approved by Owner: MN Dirt Works,Inc. City of Farmington d '//_s- om Berme!-Project Manager Robin Hanson-Finance Director Date: Kevin Schorzman-City Engineer Date: 1 1 aiti I Hug lIgIggiii§Mggilrillf 28 geeeee. eftese b w urn N [Y+ __ . , .... w hi ]I .a N..[I1 .. 1.4 ..1..0000000000oa 00000 g . 1 Mil.g.j $p�p� p� p�p� p� p� pp$e�p�p$p$�q�p$�p�p$p8o$ 8 $ NNN.111 �1I1N1A111111/111/N� II N �In L g 0 "so ,. 0 0 0 .+ 0 0 0 0 0 0 0 0 o e o 0 0 0 0 o a 0 ^ g E1°g II 88$ � $8 8$888$° $ °$gQQnN gpN N N N N pop $ N iiv g N pN N N N N p ....CFO ...410000000000001200°00 VU! PN �1 1 1 1 1 1 1 1 1 N g 1 1 I r pp$ �$1al��1 Q� Opp$�Cgg g��°t y$�"�h �aS pS p�Sp p8.pg$$QR $ �M V44L ..j Y1 N 1 5 V-9 NN11 N N1NN NN1egN .1 '4 . ...... .1 .4.45.1 V 7 hUH 100 Ow dg i P a Ili o � w � El pia ..n main MCI 001 • 0 R 4,110 City of Farmington p. 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 MOs' www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: 2015 Communications Guide DATE: July 6,2015 INTRODUCTION The city's 2015 Communications Guide is being presented to the city council for their information. DISCUSSION One of the priorities of the strategic plan is communication and engagement.In an effort to meet this goal, staff has prepared the attached Communications Guide. This guide is a tool to be used by the city council and staff in order to effectively communicate with the public. It outlines the city's communication goals, strategy and channels of communication. It also standardizes various communication components such as style,writing consistency, and basic branding to ensure that city messages are readable, accessible, and identifiable. The Communication Guide promotes the use of the Associated Press Stylebook,University of Minnesota Style Manual, and Plain Language.Plain Language is a federal initiative dedicated to promoting the use plain language that is clear, concise,and easy to understand. It is intended to be a flexible document that changes to meet the needs of the audiences and in response to changes in technology,budgets, and city priorities. BUDGET IMPACT NA ACTION REOUESTED For city council information only. ATTACHMENTS: Type Description D Backup Material 2015 Communications Guide , .. ,- ....,.., ,, .... ....;,....., , Communications .... .. ..... „.... .. Guide FARM/ Prepared by the `4 �G'► Human Resources v z Department for the P° city of Farmington °p,ST gPRO�\5\�G Contents Mission Statement 3 Introduction to City Communications 3 Communication Goals 3 Target and Secondary Audiences 3 Communication Strategy 4 Electronic Communications 4 Print Communications 5 Additional Communication Tools 6 Style and Writing Guide 6 Television 6 Photo Release 7 Media Relations 7 Communications Partnerships 7 Internal Communications 7 Data Compliance/Record Retention 8 Social Media and Website Policies 9 Writing Consistency Guide 10- 13 Basic Branding 14- 15 21Page Mission Statement Through teamwork and cooperation,the city of Farmington provides quality services that preserve our proud past and foster a promising future. Introduction to City Communications The city of Farmington is responsible for delivering public services to its residents.The dissemination of public information to residents is an important part of delivering these services. The Communications Guide is intended to serve as a tool to assist the City Council and staff in effectively communicating with the public.The guide provides a variety of options to be used when planning and executing communication efforts from each department. It identifies various tools and channels of communication used by the city in its efforts to effectively communicate information to the public. The Communication Guide is a flexible document that changes to meet the needs of audiences and in response to changes in staffing, budgets, and city priorities. City Departments City employees work within departments,which include Administration, Community Development, Engineering, Finance, Fire, Human Resources, Liquor Operations, Municipal Services, Parks& Recreation, and Police.The departments educate people about the services they offer Farmington through city communications. Much of the city's success is dependent upon the ability of each department to communicate internally and externally. Communication Goals • Maintain continuous open and honest communications. • Improve and maintain communication and collaboration with the public and stake holders. • Improve, maintain,and promote internal communication and teamwork. • Establish and maintain a positive relationship with the media. • Promote and educate residents and businesses about city events and services. Target Audiences It is important to identify the audiences you want to reach. Audiences include: • City residents and taxpayers • City businesses and business groups(Farmington Business Association and the Dakota County Regional Chamber of Commerce) • Media—local and regional • Neighboring cities,townships,and their residents • Civic organizations and volunteer groups • Prospective new residents, new businesses and business owners • School District 192 • Stakeholders(our partners, policy makers,coworkers,contractors,civic organizations,vendors,and volunteers have a vested interest in the city's success) Secondary Audiences Secondary audiences are those organizations or individuals that are not necessarily targeted for our messages. Secondary audiences include other cities offering competitive programs and services,and visitors who develop and share impressions of Farmington. 3 Page Communication Strategy With a variety of audiences, it is important to have a strategy to reach each audience. Communication methods are used in coordination with each other to reach and engage each audience. Electronic Communications Electronic communications are vital to reach those who work on or are comfortable using the Internet as a main source of information.A variety of electronic vehicles will be used to reach this audience such as website,email, and social media. The City's Website-www.ci.famington.mn.us The city's website provides the public with up-to-date information. It is a priority to keep the website as user-friendly as possible.The city's website is intended for city related business and is inclusive to governmental, non-profit organizations and agencies of which the city is affiliated. Additionally,the website includes the following amenities: • Laserfiche-archived city records/documents • Council packets and minutes • Parks and Recreation registration • City facility reservations • Online utility bill payment • Webcasts of City Council and Planning Commission meetings can be viewed live and recent meetings are archived • Applications that are available through a smartphone are also available for a desktop application Target audience: People with access to electronic communications. City Surveys Simple city surveys or questionnaires are created and data is tabulated to measure specific areas of city service. Various surveys are available seasonally on the city's website and in hardcopy.Survey examples include: • Stormwater survey • Community Calendar survey • Farmers' Market survey • Recycling survey Target audience: Residents and businesses. Social Media Social media is any web-based tool that allows users to interact with each other by sharing information, opinions, knowledge,and interests online. Social media involves the building of online communities or networks to encourage participation and engagement. Farmington social media venues include: Facebook, SeeClickFix,Twitter,Tip411 and Raids Online crime mapping and reporting. Social Media Policy The city's social media policy(page 9) is available to the public on the city's website and Facebook page.This policy includes guidelines for posting information.The city's website and social media tools are intended for city related business and inclusive to governmental, non-profit organizations and agencies of which the city is affiliated. Guidelines for Participation Employees representing the city via social media must conduct themselves accordingly and must abide by all applicable city policies. Employees must not express personal opinion,assume,speculate, or speak on behalf of the city. Content contributors are selected by department heads to work with the communications staff in a professional capacity. 41Page Print Communications ................................ Print communications are used to reach current and potential residents and business, community organizations, state and local agencies, and stakeholders.They are vital to successful education and outreach and are often used in coordination with other strategies to maximize efforts. Print communications are designed to work for multiple audiences. However,some are specifically geared towards one audience. The city produces a number of printed publications,which are also available on the city's website. Publications are listed below. City News&Recreation Guide (CNRG) The CNRG is a quarterly publication for the Farmington community; it's published and mailed to the school district, residents and businesses.The publication announces what is happening in city government,features parks and recreation opportunities,and provides answers to frequently asked questions. It is available as a pick-up piece at City Hall, Central Maintenance Facility, Rambling River Center, and the Dakota County Farmington Branch Library. Target audience: City residents, Farmington School District 192, businesses, and prospective residents. The Community Calendar The community calendar consolidates multiple informational brochures and flyers into one useful document. It's a reference for city meeting dates, holidays,garbage and recycling collection, parks and recreation, and more. The calendar features photos taken by local photographers that live or work within the city limits of Farmington or attend Farmington schools (city employees are not eligible to enter). Photos are selected through a photo contest and provides a local interest in the project.The calendar is mailed to residents annually in December for the upcoming year. Target audience: Residents, business, and prospective residents. The River The Rambling River Center's bi-monthly newsletter publication consists of the center's news,city information, and highlights all upcoming trips and programs offered by the Rambling River Center. It is produced bi-monthly and is mailed and distributed to center members and drop-ins. Target audience: Rambling River Center members and adults ages 50 and older in the community. The Resident Guide The publication provides information about local government, recreation and enrichment opportunities,schools, and a list of retail,dining, and service businesses.The guide is updated quarterly and printed internally for the Farmington Community EXPO and the Farmers' Market events. It's also available on the website or by request. Target audience: Residents, businesses, and prospective residents. Brochures, Flyers, Postcards,Advertisements, Press Releases and Public Notices Examples include: • Posters,flyers,and postcards are used to promote city services and events like Curbside Cleanup,the Farmers' Market, Farmington Liquors Wine Club events and sale promotions. • Advertisements for city services and events are published in local newspapers. • Press releases are sent to local news agencies and are also posted on the city's website.The city's standard release form is available to staff on the citywide drive and it should be used when producing a release to reflect a consistent professional message.All releases and notices should be emailed to communications staff when sent to news agencies. • Public notices are sent to local news agencies and are posted on the city's website.The League of Minnesota Cities provides a newspaper publication resource for writing notices.This resource is updated regularly at www.lmc.org. Questions about notices should be directed to the city attorney. Basically the following two rules apply to all public notices published by cities: 1.Every public notice must be printed or otherwise disseminated in English (Minn.Stat. §331A.05,subd. 1). 2.Every notice must include a bold title or caption in a font no smaller than brevier or eight-point type that refers to the content of the notice. Larger fonts may be used (Minn.Stat. §331A.05,subd.4). 51 Page Additional Communication Tools • Email can help to proactively communicate with stakeholders, residents, businesses, and prospective businesses and residents • Shore Tel communications(VoIP) phones and cellular phones • Informational and wayfinding signage • Billboard messages • Neighborhood meetings and open houses • Utility billing inserts Style and Writing Guidelines The city of Farmington communications promote the use of the Associated Press Stylebook, University of Minnesota Style Manual,and Plain Language to help foster consistency in city communications (Writing Consistency Guide on pages 10- 15). Plain Language is a federal initiative dedicated to promoting plain language in government and business.The product of a plain language process is writing that is clear, concise, and easy to understand. Plain language is a process that involves focusing written communication on the needs of the intended audience. Your audience should be able to find and understand what they need. Benefits of using plain language include: • Increased audience satisfaction and understanding of message • Increased access to services and benefits and increased compliance with regulations • Decreased costs to the organization Plain Language resources: • www.plainlanguage.gov/ • www.plainlanguage.gov/howto/guidelines/FederalPLGuidelines/index.cfm • http://centerforplainlanguage.org/ • www.hennepin.us/writingguide Press Releases Standard press releases will be used by the city to clearly convey specific information. Press releases should be emailed to the Communications Specialist for publication.The press release will contain the following information. • Date the release is being put out • Contact name and information • "For Immediate Release" is printed on the press release • A headline summarizing the news of the release • Press releases should run from one to two pages;with two pages,type the word "more"at the end of page one and#44#to indicate the end of the release Television Communication Tools Cable Access Government Channel 180 and Channel 188 Information and programming related to city business will be televised on Cable Access Channel 180. Daily programming information is on the city's website,www.ci.farmington.mn.us. Current programming includes: • Live broadcasts and replays of Farmington City Council and Planning Commission meetings • Bulletin board notices highlighting information and events • Public service announcements • Programming on specific topics Target audience: Apple Valley, Farmington and Rosemount residents who subscribe to cable television have access to Channel 180 and 188. 61 Page Photo Release Forms Photo releases should be used when taking pictures of people; especially if there are recognizable people at non- public events in your photo.You must submit a signed photo release to the human resources director for each person in your photo.A parent or guardian must provide written authorization for any photographs of minors. Photo release forms are available on the citywide drive and the city's website. Media Relations When communicating with the media, it is important for city officials to take time preparing a statement to convey the city's message effectively.A good relationship with the media will be maintained by providing timely and accurate information while acknowledging schedules and deadlines. Media sources include the following: Newspapers: Farmington Independent,SUN Thisweek,St. Paul Pioneer Press,and Minneapolis Star Tribune Television: local network channels,CBS 4, KSTP 5, KMSP 9, and KARE 11 Identify a Spokesperson It is important to identify a spokesperson for the city whenever possible to control the flow of information so that the city is speaking with "one voice."As a general rule the spokesperson is the city administrator or the mayor. In certain situations the mayor or city administrator may designate someone else as spokesperson. For example,the police or fire chief may be the spokesperson regarding public safety concerns. Staff should be aware for protocol in case they receive inquires from media or the public. Communication Partnership Opportunities School District 192 and Community Education www.farmington.k12.mn.us The city works with School District 192 and Community Education on a number of Parks and Recreation activities and events such as the Community EXPO. Good communication and cooperation with the School District and other public entities is essential to our communication efforts. The Dakota County Regional Chamber of Commerce (DCRC) www.dcrchamber.com The DCRC is committed to building a strong business community in Dakota County.The Chamber proudly serves the cities of Eagan, Farmington, Lilydale, Mendota Heights, Mendota, Rosemount, Sunfish Lake,and West St. Paul. Collaboration with the chamber on economic development issues and community events is another way the city communicates with the residents and the business community. Farmington Youth Athletic Association (FYAA) www.farmingtonsports.org The city partners with FYAA on various youth programs. Professional Groups and Organizations Many staff members are involved in various groups and organizations relating to their areas of expertise.These opportunities build networking and learning opportunities. Internal Communications • City Space—a monthly newsletter emailed to Council members and employees • Weekly Update—information gathered weekly for the City Council, by the city administrator Other Internal Communication Sources: • Department staff meetings • Interdepartmental meetings • Citywide meetings • Citywide drive—provides city policies and procedures,forms,and other shared documents. 71 Page Data Compliance/Record Retention In all communications the city will comply with the Data Practices Act and the city record retention policy. • The city administrator is the responsible authority for data practices • The police chief is the responsible authority for police data • The human resource director is the data practices compliance officer and is responsible for record retention 8 1 Page Social Media Policy The Social Media Policy is public on the city's website. ARM, , City of Farmington 430 Third Street v Z Farmington, Minnesota 651-280-6800 Fax 651-280-6899 •""o" www.ci.farmington.mn.us The city of Farmington makes use of a variety of media forms to communicate to the public in the accurate, timely and open manner. The city of Farmington uses social media as one way to provide two-way communication. The city welcomes participation and feedback from the public on this site. Once posted, the city reserves the right to delete comments that: • Contain vulgar language • Are personal attacks of any kind • Are offensive • Are prejudiced or hurtful remarks made toward any person or entity, including an ethnic, racial or religious group • Are Spam • Include sales/promotion of goods or services, or links to other sites • Are off-topic • Advocate illegal activity • Promote services, products, or political organizations • Infringe on copyrights or trademarks Please note that comments expressed via the city's social media platforms do not reflect the opinions or positions of the city of Farmington, its employees, or its elected officials. Website Policy In order to provide the user with information about cultural, educational, and recreational activities in the city of Farmington,the city's website may offer links to other agencies. It is the policy of the city to limit these links to the governmental and non-profit agencies of which we are affiliated. These organizations may include: • Generally recognized community organizations based in Farmington • Organizations providing information about art,cultural,and sporting activities The city's website does not provide direct links to external sites for: • Candidates for local,state,or federal offices • Political organizations or other organizations advocating a position on a local,state,or federal issue • Corporate or other for-profit organizations unless they qualify under the criteria listed above • Individual or personal home pages The provision of links from the city's website to other sites does not constitute an endorsement of those sites by the city of Farmington. Additionally,the city of Farmington is not legally responsible for the content, quality, or accuracy of any off-site materials referenced or linked through the city's website. 9IPage Writing Consistency Guide Names and Titles City, County, and State Follow the Associated Press Stylebook in all instances: • Kansas City(City is part of the formal,official name) • The city of Farmington • The city requires residents to apply for a building permit. Titles Don't capitalize a word unless it's a proper noun or full name of a department or office. Capitalize formal job titles when used immediately before a name, but lowercase formal titles when used alone or in constructions that set them off from a name by commas. Use lowercase at all times for terms that are job descriptions rather than formal titles. • County Board Chair John Jones(formal title before a name, no comma is needed) • John Jones, board chair(title separated by a comma) • The director(formal title used alone) • Capitalize full,official names of departments, divisions,programs and committees but do not capitalize unofficial names. /"He was elected to the Farmington City Council." (official name) /"He was elected to the board in 2008." (not official name) ✓"Go to the Office of Budget and Finance."(official name) ✓"Go to the budget office."(not official name) City Council Capitalize when part of a proper name: Farmington City Council. Retain capitalization if in reference to a specific council but context does not require the city name. Lower case in all other uses. Abbreviations for Titles Abbreviate titles when used before a full name (examples: Dr.,Gov., Lt. Gov., Mr., Mrs., Rep.,Sen., etc). Acronyms Avoid using acronyms.They can make people feel like outsiders.When they are used, CDA, always use full names instead of acronyms on the first reference. Put acronym DTA, in parentheses after the full name only if the item is mentioned later. RRC? /The Rambling River Center(RRC)will host an event for seniors in October. The RRC hosts several events throughout the year. Addresses • Use the abbreviations Ave., Blvd.and St. only with a numbered address: 1600 Pennsylvania Ave.Spell them out when part of a formal street name without a number: Pennsylvania Avenue. • Address numbers: always use figures(e.g.,9 Johnson Avenue, 2235 Phillips Street) • Street names: use figures for 10 and above;spell out and capitalize for nine and below(e.g.,300 Fifth Avenue,300 21st Street);to make a clearer distinction between the address and street name,you can add a dash(e.g.,300-21st Street) • When used in a sentence with a numbered address,spell out and capitalize Street,Avenue and Boulevard. • For a mailing address, use the USPS abbreviations and the additional four zip code numbers(e.g.,300 S Sixth St., Minneapolis, MN 55487-0240). • Abbreviate compass points used to indicate directional ends of a street or quadrants of a city in a numbered address: 222 E.42nd Street. Don't abbreviate if the number is omitted: East 42nd Street. 10 Page Writing Consistency Guide Dates and Days of the Week • Always spell out months completely;do not use abbreviations or numbers(November 22, 2010, rather than 11/22/10). • Do not include a comma when using the month and year only(In May 2011 commissioners will consider the issue). • Include commas after the day and the year when including a full date in a sentence (On May 12, 2011, commissioners will consider the issue). • Do not use st,nd, rd,or th after dates to indicate ordinals. Student presentations are scheduled for May 26. not Student presentations are scheduled for May 26th. • Capitalize days of the week. Do not abbreviate,except when needed in a tabular format:Sun, Mon,Tue,Wed,Thu,Sat (three letters,without periods to facilitate tabular composition). Time of Day • Always include a.m. and p.m. in lower case with no space between the periods(e.g.,The meeting will be held from 9 a.m.to 1 p.m.;when using from and to never use a dash). The meeting will be held from 9 a.m.to 1 p.m. not The meeting will be held from 9 a.m.-1 p.m. • Do not include":00"for on-the-hour times,with even hours,except for consistency within a series. • Use noon and midnight rather than 12 a.m.or p.m. (lower case unless beginning a sentence). • With time ranges, use an en dash to indicate continuing dates and times(e.g. 1-4 p.m.). Year • When using two years to show an inclusive period, use an en dash to separate the numbers;do not repeat the century. The 1979-81 biennium not The 1979-1981 biennium • Years are the lone exception to the general rule in numerals that a figure is not used to start a sentence. 1987 was a very good year. • Use an s without an apostrophe to indicate spans of decades or centuries: the 1980s. Numbers • In general,spell out numbers less than 10; use figures for numbers 10 or more,even when numbers are mixed in the same sentence(e.g.,Overall,six out of 27 residents agreed). • The exception to the previous rule is to spell out numbers 10 and above when they start a sentence. However,you should try to rephrase the sentence, if possible. ✓Fine—Twenty-five participants completed the survey,and seven were college graduates. ✓Better— Of the 25 participants,seven were college graduates. • Use figures for 10 or above and whenever preceding a unit of measure or when referring to the ages of animals and people,dollar amounts,or events or things. Figures are also used in all tabular matter,and in statistical and sequential form. A 6-year-old girl or the girl is 5 years old. 612- 463-3000 • Percentages— Use figures and the word percent(e.g., "We had a seven percent response rate"). not Use the symbol%in parentheses for tables only. (612)463- • Phone numbers—Always include the area code and use dashes(e.g.,612-463-3000). 3000 111 Page Writing Consistency Guide Punctuation Asterisk • Using this symbol is not recommended. It rarely translates and in many cases cannot be seen by computer programs. If it's used it's positioned after a word or a phrase and preceding its accompanying footnote. Bullets • Capitalize the first letter of all bullets • Do not include punctuation at the end a bullet if it is not a complete sentence /You may, but are not required to,include a period at the end of a bullet with a complete sentence • Every bullet in a list should be structured the same way ✓Every bullet should start with the same part of speech(e.g., all verbs or all nouns) ✓Every bullet should be a sentence fragment or every bullet should be a complete sentence—do not mix and match Commas • In a series of three or more words or phrases,separate all parts of the series with commas. /Writing the report were Miller, Larson,and Thomas. • The serial comma is the comma that comes before the final conjunction in a list. Here's a sentence that uses a serial comma: According to the website Box Office Mojo,the top-grossing movies of all time in the United States are currently Avatar,Titanic,and The Dark Knight. • However,if an integral element in a series requires a conjunction,don't use a comma: I had orange juice,toast,and ham and eggs for breakfast. • If the parts in a series are simple and are each joined by conjunctions,do not use commas(they are sometimes used in such cases for rhetorical effect). /The menu listed a choice of soup or juice or salad. • When etc. is used at the end of a series(it should be used sparingly),set it off with a comma. /The students sold homemade bread,candy,cake,etc.,to pay for their trip. Colon • The most frequent use of a colon is at the end of a sentence to introduce a list or series. /The menu lists three kinds of soup: vegetable,squash,and mushroom. • Capitalize the first word after a colon only if it's a proper noun or the beginning of a complete sentence. Semicolon • Use a semicolon between two independent clauses when they are not connected by a conjunction. Both clauses can also stand alone as a sentence. /Cindy read and edited the report; Brenda typed it. • Separate items in a series with semicolons if the items are long or complex or have internal punctuation. /The committee members were Tom Strike and Jen Dulack,city of Farmington; Kris Gunderson and Anne Cahn, University of Minnesota;and John Anderson and Beth Layton, Dakota County Regional Chamber of Commerce. Periods • Use only one space after a period.Adding two is a hold over from typewriter style. • When parentheses or brackets enclose an independent sentence, place the period inside.When the enclosed matter is part of another sentence, place the period outside the parentheses. /The teacher repeated the lecture. (I heard it last week.) Ellipsis Points /Watch for common errors when proofreading(such as it's for its)and Use to show the missing quotation marks and parentheses. omission of words • In all cases, place the period within the quotation marks. (generally three-letter /The teacher said, "School will close early today." words),phrases or lines from quoted material. 121 Page Writing Consistency Guide Words Email • Acceptable in all references for electronic mail(email). Use a hyphen with other e-terms;e-book, e-commerce. Website • If listing the website,there is no need to say"online" or"website." website ✓For more information visit www.ci.farmington.mn.us not Common Misused Words web site affect vs. effect • Affect means to influence. Effect means a result. ✓The levy affects property taxes.The change in the levy had an effect on the residents. annual • An event cannot be "annual" until it has been held in at least two successive years. assure vs. ensure vs. insure • Assure means to make sure or give confidence. Ensure means to guarantee. Insure is a reference to insurance. /"Rest assured,we will ensure you are insured." citizen vs. resident • A citizen is a person who has acquired the full civil rights of a nation,either by birth, or naturalization. Cities and states in the United States DO NOT confer citizenship. • To avoid confusion, use RESIDENT not CITIZEN when referring to inhabitants of Farmington. i.e.vs. e.g • The abbreviation i.e. means that is or in other words;"i.e." is followed by a comma. "e.g."is also followed by a comma and means"for example." ✓i.e. =in essence: "His favorite type of sandwich is an open-faced sandwich (i.e.,one that uses only one piece of bread rather than two)." ✓e.g. =example given: "I like quiet activities(e.g., reading)." in regard to vs. in regards to vs.with regard to • "In regard to"and "with regard to"are both technically correct, but a better choice is to use"concerning," "regarding," "about," "in"or"with." In regards to(with an "s")is incorrect. ✓OK: I am calling in regard to the bike that is for sale. ✓BETTER: I am calling about the bike that is for sale. more than vs. over • Use more than when referring to numbers.Over refers to a"spatial" reference. ✓More than 500 people attended the event. /The cow jumped over the moon. that vs.which • "Which" needs a comma. "That"does not. /The team that won the championship last year won again this year. /The team,which won the championship last year won again this year. worksession vs.work session • Work session should be written as two words,and capitalized when used as part of the formal meeting title. Lowercase when speaking of the work session in general terms. /The Farmington City Council Work Session will be held on August 1, 2015. /The City Council will hold a work session later this year. 13 I Page Basic Branding 4EpRM/ A logo is not the same thing as a brand image; it is part of a brand image. z\ Brandin g includes a trademark or distinctive name identifying a product, ' _) service industry or manufacturer. �\ppGO 4AJ ur,APR0,,,e% It's a distinctive category; a particular kind. What's our trademark? ✓A trademark or distinctive name,our product is service. ✓A distinctive category; a particular kind,our lobby sign reads "Committed to Service." Brands Work from the Inside Out Through teamwork and cooperation,the city of Farmington provides quality services that preserve our proud past and foster a promising future. Consistency sets the overall tone City Logo The city of Farmington has an official logo. • The city's logo may only be used with the city's permission.To enquire about using the logo and to receive high resolution vector file for professional graphic design and print projects, please contact the communications specialist at dcahlander(tci.farmington.mn.us or 651-280-6807. • The approved logo files are on the citywide drive in the logos file.A document listing the logo colors and the font used are also in the folder. /Types of logo file name extensions: EPS(vector),GIF,JPG, PDF, PSD,and TIF. • Working with logo files: ✓ Do not copy and paste or save the city of Farmington logo from the website or from a MS Word document,this lessens the quality of the image. ✓You may insert the file into a document,there you may size and position the logo. ✓ Do not distort the proportions of the logo in any way(lock the aspect ratio). Email signature In 2015, a standard email signature will be assigned through IT.The purpose of the an email signature is to provide contact information and reinforce the city's image.Your name,job title, city address, phone number, email address, the city logo, and website address will be included.You may include a fax number and social media links.The preferred font for the city email signature is Calibri (11 point). Please do not include pictures, quotes, personal,or unnecessary information. Business Cards City employees can order official business cards. Contact the executive assistant to order business cards at cmullerPci.farmington.mn.us or 651-280-6803. Power Point A standard PowerPoint template is available for external presentations.The template is available on the citywide drive in the PowerPoint folder. 14 Page Basic Branding Consistent Design Branding Fonts: Serif or Sans-serif �''+� In typography, a serif is a small line attached to the end of a stroke in a a� letter or symbol. Serif fonts are often used for titles and book publishing. In general, a sans-serif font are simplified letter forms that are unencumbered by serifs,which can impede the readability of small sized characters.They are typically used within the body of copy for magazines, newsletters, and brochures.They offer greater readability on websites. City News & Recreation Guide and Community Calendar Fonts Baskerville The clarity and consistency of the letter forms are what make Baskerville such a readable typeface. It's widely used in documents, newsletters, newspapers, and has a traditional, professional look. Myriad Pro Myriad's greatest strength is the letter forms (light, regular, semi-bold, bold and Italics) it includes that set it apart from other sans-serif typefaces.This font is also used for the city's businesses cards. Frugal Sans This sans-serif font is also used for the city's logo. The River Fonts Verdana The Verdana family of fonts was created specifically to address the challenges of on-screen display.The generous width and spacing of Verdana's characters is key to the legibility of the font.This font is often preferred by older adults because of it's size and readability. Color and Brand Identity Color increases brand recognition by up to 80 percent. Research reveals people make a subconscious judgment about a person, environment, products and publications within 90 seconds of initial viewing and that between 62% and 90%of that assessment is based on color alone. Color Psychology and Marketing By using color psychology,you can send a positive or negative message, encourage sales and call attention to messages in all facets of marketing and particularly in logo,website, and publication design. Colors Selected for City Branding(logo colors) Psychology of Color Brown: This color is most associated with reliability, stability,and friendship. Green (secondary color,yellow and blue): The color of growth, nature,and money. A calming color that's pleasing to the senses. It is the traditional color of peace, harmony, comfortable nurturing,support and well-paced energy. Blue (primary color): Blue is seen as trustworthy,dependable and committed.As the collective color of spirit, it invokes rest and can cause the body to produce chemicals that are calming. Complimentary Colors Orange (compliments blue): It's the color tied most with fun times, happy and energetic days,warmth and organic products. It is also associated with ambition. Palettes can be made warmer/cooler, darker/lighter, and so on by using more or less of some colors. Color palettes are made for each publication and are shared with staff working on design projects. Source: Color Matters by Jill Morton and The Psychology of Color by Precision Intermedia. 15)Page :OW&o City Far of mington Fa,rmington Minnesota p 430 Third Street ..illiio 651.280.6800 -Fax 651.280.6899 ,4 o' www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Street Light Installation-Upper 183rd Street West DATE: July 6, 2015 INTRODUCTION At the June 15, 2015 meeting the city council discussed the trail connection at Upper 183rd Street West and Everest Path. At that meeting,based on my estimated cost,the city council directed staff to have a streetlight installed at this location. DISCUSSION During the discussion the city council inquired about the cost of installing a streetlight to light the trail connection to the street. I indicated that I thought that the cost would be$1,000 or less. On June 16, 2015 I contacted Dakota Electric to inquire about the cost. They have provided an estimate of$4,789 to install the street light. In light of the large difference between what I thought it would cost and the actual estimated cost,I wanted to bring this back to council for further discussion and direction. BUDGET IMPACT The cost to install the light at the corner of Upper 183rd Street West and Everest Path is$4,789. There would also be continuing monthly charges for the operation of the light. Both costs would be paid for from the Streetlight Utility. ACTION REQUESTED Discuss the cost and give staff direction on whether or not to have the streetlight installed. AMU, City of Farmington Cp 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' ,, www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: David J.McKnight, City Administrator SUBJECT: Future Plans for Outdoor Pool DATE: July 6,2015 INTRODUCTION The city council has been discussing the future of the city pool over the course of the past few years. City staff has received direction that 2015 will be the fmal year of operation of the pool. DISCUSSION The city owned outdoor pool has been the point of discussion for the city council and city staff over the past few years. For a variety of reasons,primarily budget and the condition of the pool,the decision was made during the 2015 budget process that this year would be the fmal year of operation for the pool. During 2014 the city conducted a Pool Assessment and Feasibility Study. This study discusses the areas of concern for the current pool and offered five different options for the city to consider in this area. These options included: 1. Do Nothing. The projected operating subsidy would be roughly$75,000 annually and have a remaining life expectancy of one to three years. 2. Repair the Existing Pool. The estimated cost range is between$566,400 and$644,400. The projected operating subsidy would be roughly$69,500 and have a remaining life expectancy of three to five years. 3. Renovate and Expand the Existing Pool. The estimated cost range is between$1,108,800 and $1,230,600 and would have a life expectancy of three to five years. 4. Spray Pad/Wet Deck. The estimated cost range is between$586,800 and$670,800 and would have a life expectancy of 18 to 20 years. 5. New Aquatic Facility. The estimated cost range is between$7,249,688 and$9,416,466 and would have a life expectancy of 30-35 years. I have attached a portion of the 2014 Pool Assessment and Feasibility Study for your review. Our current pool has been open since 1971 and has served thousands of Farmington residents over the years. I have attached a summary sheet that city staff prepared that shows swim attendance, swimming lesson registrations and other information over the past 10 years for your review. As you will see in the report our annual attendance has been slowly declining from a high of 14,392 in 2006 to a low of 8,032 in 2014. There are a number of factors that went into the city council decision to close the pool at the end of this season. Some of these reasons included: 1. The pool is in need of some expensive repairs if it is to remain open for the foreseeable future. 2. The city council is in the process of completing a 20 year financial plan that helps reduce the amount of debt that the city has on its books. The current plan does not include any pool repair or new aquatic facility. 3. The draft 2016 budget and tax levy came in higher than amounts the city council was comfortable with and staff was directed to reduce the tax levy to a lower amount. There are a number of budget and tax levy issues facing the city in both 2016 and 2017 that are concerning. The 2016 budget does include funding to remove the pool structure. In addition,we have kept the 0.4 FTE(+/-$27,000)of a full time employee that is traditionally assigned to the pool in the budget. It is assumed that these hours will be reassigned to other building maintenance functions. The pool traditionally requires an annually subsidy between$40,000 and $70,000. BUDGET IMPACT NA ACTION REOUESTED This issue was placed on the agenda to help get the word out that this will be the final year of operation for the pool. The city council has received a number of correspondence from individuals expressing their desire to see the pool continue to operate in the future. I would anticipate that there may be some residents in attendance at the meeting who may wish to share their opinion on this matter. ATTACHMENTS: Type Description o Backup Material Pool Attendance o Backup Material Pool Study I s w ' ' I o 1 f o 0 'o T1 d l<t ti<C1<L Q �C 4 ommgzzzlzzzzzzzN 11 0 O �q I t m w M CN0 O r 0W0 W w M W N0 1 C• CO co O Oy A `t r' CO CO N N 00 65 CO O O 0 n N O O t,' 7 , 0 V • T y '> w O N L CO LO d d' O c) O Q - a0) z• c o 'E w to c9oo65A?chmcQQ 0.1 l0aNc! A65CO d LO;LOII CDZ . IX I 1 1 1 I I ! I m ih 01 � 1 oO M 0 - � � 4v o N N IN - NIN1 t Q i 1�• C v 1 +@ N i ( 1 "'� d i j ( I 1 1 O Q1 w c i 1 I 0., = YIc- rIOoC4 LO r CO CU O > C ....•M LOOI� N L1 M C O OI •= 0 g Z i O sl c- c- `— O 651 0 e-! 0•F1 4 i . er ; w o1NI,LO1r- rt 00 0 65 A I s. C C"OI— NIM N N N 'IN I N 0.' re i 1 In ca i I ° 0 �o N wm w ooOO000`z r. co`N1 ° zzzzzAMLoLmv l a E 1 1 f w 1 1 co C = O m E C CO N O r- LO i O i A CO A g m L0 L0 LL0 M .Od.s,�.1.04. M N } fr i C 0 r N O 'O O N '-• 0.. N V d 0 r CV d5 N 0 CO r 'f CO N 2 .O C E w A A CO A A CO CO v CO A O E CO z• o `o zc N Z > E v N W _ c "• .a 000 CO COO_ O M O O O N C C N 'r' CO. C7 Ch O r O os d 8 1- Q.w v+ w .-+ m 0 ‹ a o o c zzz0 II � sl� aome, %- cgov n u mo ° ° ° ° QO° o o 0000000 1 u N N N N N N N N N N Z Z Z ol , yAi aRMy'���► 4 ` Z Pool Assessment & .- ; Feasibility Study 1'60 Q Aasr.A PROM\S\ 1 * 1 i .. ,, , riiTUREi BATHHOUSE r,, , SUPPORT 0111* - -t i LPG, ,g -----‘,...--..-, 1 # — o :km1 a 9 1 1 7...;',' . .Niter` -*. ` .. ACCES5 I SHADE &LASH AREA . ' ^ FUTURE ' SThUC �- 's.,. 4 .� g r COMM UY RDOM! SCIM P400E �'. �� y �.k s N o WARM1 liau5£ r r '[t Y ,TUR .AL , t----- -� - i - �NrA�, :TUB 3 .. STV E L \ AREA I ( WATER .� �"��� ",(�' �i[� • '� 1 TUBE ,> 13 DGe. ;r ":1!',d. 4' , if NGE . '>,(1) � _ _ w Ts1---iNNER AL4.� *,' • ' - T .. 1 i ARMINGTON, MN Proposed Farmington Aquatic Center USAquatics, Inc. . QUATICS 124 Bridge Avenue East P.O. Box 86 D€ !:c.com(7'---10 June 13, 2014 Pool Assessment and Feasibility Study -For - Farmington Municipal Pool Farmington, MN AR F � o y a � O 0J r' A PROM June 13, 2014 -By- USA QUATICS 1111111 AQUATIC CONSULTING &DESIGN USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Executive Summary Statement of Understanding The City of Farmington owns and operates an existing municipal outdoor pool facility that is aging,has a number of operational concerns as well as a larger concern for offering its pool users more facility amenities. The pools also have code and ADA compliance-issues. The current facility does not generate enough revenue to cover all expenses,meaning the facility is heavily subsidized by the City to remain operational. Over the past three years the revenue has decreased while expenses continue to rise. A study of this existing facility is clearly warranted to determine its condition and provide some expansion to serve the changing aquatic needs of the community. The goal of this study is to aid in the making of important decisions concerning the facility and its future,including options for expansion and adding amenities. Assessment Process USAquatics has completed an onsite evaluation of the existing aquatic facility to determine its condition and usability to include record data from past seasons. Scope of Study The scope of this study covers the following areas of the facility: • Swimming pool structure,recirculation,filtration,and sanitation equipment • Pool deck area,diving boards,features,etc. • Compliance with new Federal and State Main Drain Laws • Compliance with new Americans with Disabilities Act Laws • Attendance,revenues and expenses • Provide options for repair and/or renovation/new facility • Provide possible location sites for a new facility Study Criteria The criteria used in our assessment include: • Facility condition and other observable conditions • Facility code requirements and compliance • An understanding of cause and effect associated with various aquatic designs and operating procedures as presented to us through the assessment,review,and design of several thousand aquatic facilities • Study area demographics used in determining community aquatic needs • Review Farmington 2030 Comprehensive Plan • Review of 2010 Parks and Recreation Needs Assessment Intent of Report The intent is to present a summary of needed improvements and added amenities including factors affecting patron usage,revenue potentials,and expenses associated with the operation and management of the aquatic facility. I Page2of63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Summary Based on discussions with star a physical assessment of the existing facility,analysis oldie existing condition at the Farmington Municipal Pool Facility,USAquatics has determined that the facility warrants a large number of improvements and expansion to better serve the needs of the community. Several amenity options for the expansion of the pool facility have been provided for consideration. These amenity options provide a range of facility renovation improvements and enhancements to an entirely new facility. The main pool offers a small variety of aquatic amenities including 1-meter and 3-meter diving,lap lanes,a single drop slide,walk out stairs and varying water depths to service some of the community's aquatic needs. This pool would be costly to expand as any expansion to the pool would require larger filtration,recirculation and water treatment systems. The wading pool is undersized to adequately serve the younger patrons of Farmington,as well as the growing demand for an accessible zero depth beach type entry body of water. This pool would also be costly to expand due to filtration and recirculation requirements. It would be far more cost effective to demolish the existing wading pool and construct a new zero depth entry pool complete with a wide variety of amenities geared toward younger children. The facility does not provide an appropriate aquatic venue for a community the size of Farmington. The facility is too small in relation to the Farmington area demographics. We recommend the expansion of program elements to serve the Farmington aquatic community. The aquatic expansion should also provide a secondary service area of approximately a 15-20 mile radius. Given the growth and size of Farmington,the current pool site is not the best location to service the community as a whole and alternative locations should be considered. The Pool Committee and USAquatics have had six meetings to date to discuss the future of the existing facility. Additionally,USAquatics has had two staff level meetings with City staff. USAquatics provided information on the following five potential options for the future of aquatics in Farmington. o Option—1:Do Nothing. This Option would leave the existing facility exactly as it is and would not address any of the concerns noted in the assessment portion of the study. There would be no added amenities or features. The facility would remain non-compliant with Federal requirements for ADA accessibility and the operational subsidy the City pays to keep the facility open would continue to grow. Attendance levels would continue a slow decrease. Addressing none of the concerns listed could possibly leave the City open to potential litigation regarding accessibility. Estimated cost range:N/A Projected operating subsidy required:($75,000) Estimated remaining life expectancy: 1—3 years o Option—2:Repair Existing. Make only the recommended repairs to the existing pools and facility to address operational issues,concerns and code issues including accessibility. This Option would not expand the facility or add any aquatic play elements. The wading pool would be demolished and a small 400 s.f.zero-depth entry splash pool installed. This Option would create little if any increase of operational costs and revenues. The sizeable City subsidy would still be required to assist with operational expenses. Attendance would continue remain at a low level while decreasing slowly. Estimated cost range:$566,400-$644,400 t Projected operating subsidy required:($69,500) Estimated remaining life expectancy:3—5 years(splash pool 18—20 years) Page 3 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 o Option—3:Renovate and Expand Existing. Make necessary repairs to the existing main pool and renovate the existing wading pool to create a larger 1,200 s.£zero-depth entry splash pool more appropriate sized to meet the needs of the community. This Option would include the addition of a climbing wall to the main pool and adjusting the 3M diving board ladder to a tower. This Option would make for increased operational costs due to the renovation of the wading pool with a larger splash pool. Adding aquatic features and amenities may increase attendance and revenue;however,a large City subsidy would continue to be needed to continue operating. Attendance would increase with this Option;however,numbers would drop off after the first few years. Estimated cost range:$1,108,800-$1,230,600 Projected operating subsidy required:($64,000) Estimated remaining life expectancy:3—5 years(splash pool 18—20 years) o Option—4:Spray Pad/Wet Deck. The existing pools would be demolished and back-filled in. A new Spray Pad/Wet Deck would be constructed on the current site. The Spray Pad/Wet Deck would include several spray features and interactive play features. With this option,overall attendance would decrease as this Option only targets the younger age groups. Operational expenses would decrease due to less staffing being required,less water to treat with chemicals, etc. With this option there would be little to no revenue generated as typically facilities of this type charge no admission. The operational subsidy required would remain close to current levels. Estimated cost range:$586,800-$670,800 Projected operating subsidy required:($60,000) Estimated life expectancy: 18—20 years o Option—5:New Aquatic Facility. This Option would allow for the existing facility to remain open for use during construction of a new facility. The new facility would be appropriately sized to meet the needs of the community while also accommodating for future growth. Some features such as shade umbrellas,diving boards and chemical controllers have been identified as items that could potentially be re-purposed on a new facility. The proposed design includes a Signature Feature that would attract visitors and increase attendance and revenue. Additionally,the new facility provides a wide range of aquatic amenities that better reflects the demographics of the community. The existing pool could be repurposed as a Spray Pad/Wet Deck after the new facility is open. Estimated cost range:Base Project-$7,249,688—Base Project plus Alts.$9,416,466 Projected operating profit for Base Project:$22,537 Projected operating profit for Base Project+Alternates:$54,901 Estimated life expectancy:30—35 years Page 4 of 63 USAQunncs INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Based on conversations at those meetings,the Pool Committee and USAquatics are recommending Ontion-5 from above. The Pool Committee felt and USAquatics agreed that a new aquatic facility would draw visitors from other nearby cities and have a positive economic impact for Farmington's businesses and the community as a whole. In addition,the city of Farmington will have 3,255 residential acres by 2030 to meet the Metropolitan Council's population forecast as identified in the Farmington 2030 Comprehensive Plan. Facilities of this type typically have a positive impact on home values and population increases. The aquatic center will also"encourage a mixture and diversity of industrial and commercial land uses that will increase the tax base for the community"as noted in the Farmington 2030 Comprehensive Plan. The proposed design is a new outdoor Family Aquatic Center that includes a lap area,lazy river,river rapids, large zero depth entry splash area,waterslides and bathhouse. The existing site and other park locations were discussed in consideration for the location of this facility. The proposed site for the aquatic center is also the Park and Recreation Commission's recommended site located in the Jim Bell Park Preserve on Northeast corner of 195th Street at the intersection with Diamond Path Road. The Jim Bell Park Preserve was also identified as an optimal location for a new aquatic center due to its proximity to the Dakota County North Creek Regional Greenway. In addition,the Pool Committee and USAquatics are recommending demolishing the existing pool after construction of the new facility is complete and re-purposing the facility with a 1,200 square foot spray pad/wet deck. The following is a list of factors cited in the decision to construct a new facility rather than renovate and repair the existing facility: o Age of the existing pool and the short remaining life expectancy o Expense required to repair and bring the facility up to code and operational standards o Age of mechanical equipment and remaining life expectancy o Increasing maintenance costs o Making only repairs would still require a significant annual subsidy from the City to remain operational o Any expansion to the pool would make existing equipment undersized to meet code and operational standards Respectfully submitted, &ow._ Thomas R.Schaffer President Page 5 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Table of Contents SECTION ONE: ASSESSMENT 8 Main Pool 8 Recirculation System 8 Pool Equipment-General 8 Pump 8 Heater 9 Pool Filter 9 Chemical Control 9 Wading Pool 9 Wading Pool Recirculation System 9 Wading Pool Pump 10 Wading Pool Heater 10 Wading Pool Filter 10 Wading Pool Chemical Control 10 Bathhouse 10 Concessions 10 Deck Area 11 SECTION TWO:OPTIONS 11 Option—I(Do Nothing) 11 Option—2(Repair Existing) 11 Option—3(Renovate and Expand) 13 Option—4(Spray Pad/Wet Deck) 15 Option-5(New Aquatic Fadlity) 16 SECTION TWO: EXISTING FACILITY 17 Facility Layout 17 Actual 2013 Budget Expenditures 18 Revenue vs.Expense(2011-2013) 18 Pool Attendance 19 Census Information 20 2010 Parks and Recreation Needs Assessment 21 Existing Facility Photographs 22 SECTION THREE: NEW AQUATIC FACILITY ANALYSIS .... .....28 Pool Committee and Park&Recreation Commission Recommended Site 29 Existing Pool vs.Proposed Site Location 30 Proposed Site Location vs.Dakota County North Creek Regional Greenway 31 SECTION FOUR: SIGNATURE FEATURES ... 32 Mat Racer(with and without slide start) 32 Lazy River.... 32 Rapid River 33 Wave Pool 33 Aqua Loop .34 Aqua Sport Climbing Wall 34 SECTION FIVE: PRELIMINARY DESIGN CONCEPTS ..............q.....................35 Concept-1 35 Page 6 of 63 USAQUATiCS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Concept—2 36 Concept—3 37 Concept-4 38 Concept—4R 39 Concept—SA 40 Concept—5B 41 SECTION SIX: FINAL DESIGN 42 Proposed Concept 42 Proposed Concept on Jim Bell Site 43 Proposed Concept on Existing Site 43 Proposed Staffing Plan ... 44 Proposed Concept Estimate 44 Proposed Concept Estimate continued 45 Estimated Tax Implication 46 (based on$10M project—does not include park site development) 46 Estimated Tax Implication 47 (based on$7M project—does not Include park site development) 47 Project Timeline 48 Proposed Facility Projections 49 Projected Attendance Revenue(by average of results) 50 Estimated Budget Expenditures 51 Estimated Revenue vs.Expense 51 Estimated Annual Increase Projections for Mat Racer...... 51 ( APPENDIX A:SPRAY PAD/WET DECK 52 Examples 52 Spray Pad/Wet Deck(on Existing Site) 53 Details 53 APPENDIX B:NEARBY AQUATIC FACILITY INFO 54 Cascade Bay—Eagan,MN ... S4 Old Memorial Pool—Northfield,MN 5S Hastings Family Aquatic Center—Hastings,MN ... 56 Apple Valley Family Aquatic Center—Apple Valley,MN ... S7 APPENDIX C:POOL COMMITTEE MEETING MINUTES ..........e..58 Meeting#1: 58 Meeting#2: 59 Meeting#3: 60 Meeting#4• ... 61 Meeting#5• 62 Meeting#6• 63 APPENDIX D:JIM BELL PARK AND PRESERVE COST ESTIMATE ........63 2014 Park Cost Estimate...... 63 Page 7 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 SECTION ONE: ASSESSMENT Main Pool The main pool was built in 1970 and opened the following summer in 1971. The main pool consists of a lap pool with attached diving well in an`L'configuration with depths varying from 3'-6"at the shallow end to 12'-0"at the diving well.The diving well has two diving boards(one 1-meter and one 3-meter). The 3-meter diving board lacks the 5'clear walkway between the ladder and fence;however,this likely still complies with code as there is a 5'clear walk underneath the diving board. Recent trends show more facilities going away from the standard 3-meter diving board entirely. We recommend removal of the existing 3-meter diving board ladder and installation of a new platform and stair tower. The 1-meter diving board is in fair condition,but it lacks code required 5'of clear deck around it. The current clear walk is only 3ft. Since the pool perimeter is in excess of 300 feet,two means of ADA compliant access are required. The facility has a functional ADA lift to account for one means of access;however,the primary means of access into the pool must be a ramp or beach type zero depth entry. The main pool also offers a single drop slide at the shallow end. The pool has very limited amenities for recreational aquatic activity,educational aquatic needs and aquatic fitness. At the time of the on-site assessment,the main pool had water in the shell for winterization which also made it impossible to inspect the main drains or the pool floor. There are no visible signs of failure in the pool shell;however,the pool vessel is in fair to poor shape. The main pool has been patched numerous times over the years and continues to require additional work. There are several cracks and areas of spalling where the finish is flaking off There is also a concern with the cold joint located approximately 24"below the gutter. This cold joint will eventually become problematic in terms of structural integrity and its ability to remain water tight. Due to the existing conditions of the main pool epoxy paint finish,we recommend sand blasting the shell to sound concrete,and the troweling of quartz aggregate plaster with ceramic tile accents. This would also be a longer lasting pool finish. Overall,the main pool lacks the aquatic needs of the Farmington aquatic community. Both diving boards were identified as features that could be salvaged and re-installed at a new aquatic facility;however,as noted above we recommend a new stair platform for the 3-meter board. Recirculation System The main pool has a semi-recessed stainless steel gutter with fiberglass grating and in gutter surge weirs. The non-slip finish on the gutter grating has deteriorated and is coming off in several areas and should be replaced to prevent patron injury. In pool surge is not ideal for any facility. We recommend the installation of an external surge tank. *While in a meeting with City staff on 5/29/2014,Jeremy Pire received a phone call advising that during pool operation a weld in the stainless steel gutter broke and the gutter was leaking and required repair. Pool Equipment-General The pool equipment is largely original to the facility with a few exceptions. The equipment met the needs of the community;however,for the most part it is outdated and inefficient in terms of operation. Pump The main pool pump is a horizontal pump located above water level which can make priming and servicing difficult. The existing pump is in poor condition and is very inefficient. A vertically mounted high efficiency pump with a premium motor installed below water level would solve priming difficulties and provide higher Page 8 of 63 USAQuATIcs INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 efficiency during operation. The current size and layout of the mechanical room does not allow for a recessed pump pit. In addition to a new pump located in a pump pit,we recommend adding a variable frequency drive to the motor. This provides significant energy cost savings and efficiency while extending the life of the pump and reducing maintenance. Heater The main pool has is serviced by a large Raypak gas fired heater. Due to its age,condition,and remaining life expectancy-the main pool heater should be replaced with a new more efficient model. Pool Filter The existing sand filter is a vertical Natare Corporation multi-cell filter that is outdated in terms of technology and efficiency as is nearing the end of its useful life cycle.Staff on site reported the sand media was changed within the past 5 years;however,the configuration and style of the filter does not provide enough depth of media to be effective consistently. *While in the same meeting with City staff on 5/29/2014 we were also advised that when performing a routine inspection of the Main Pool sand filter,the bottom laterals were broken and sticking out of the sand. As a result,the sand was removed,new laterals installed and the sand media was replaced. We recommend the installation of new regenerative media filters that are more efficient,take up a fraction of the current footprint,and are green friendly using 1/50th of the water used by traditional sand filters.In addition,replacing the existing sand filters with regenerative media filters would allow for more`open space' in the mechanical building to service other equipment. Although we recommend regenerative media filters, we will provide filter replacement options for both regenerative media filters and traditional sand filters. Chemical Control The chemical control system is relatively new to the facility. The ProMinent DCM200 controller is user friendly up to date technology that adequately serves the needs of the facility. The controller requires minimal attention and adjustments and was identified as a piece of equipment that could potentially be utilized at the new facility or spray deck. Wading Pool The Wading Pool is rectangular in shape and located adjacent to the main pool. The wading pool depth varies from 1'-0"to 2'-0". There is a 3ft.chain link fence as a barrier separating the wading pool from the rest of the facility. As with the main pool,the wading pool was winterized and had standing water at the time of the on-site visit so the pool floor and main drains were unable to be inspected. The concrete coping is in poor condition,with several large cracks,sizeable gaps,and pieces broken off completely. The Wading Pool lacks any interactive features or play elements and is not sized appropriately to service the younger demographics of the Farmington community. The wading pool also lacks any form of ADA access. Due to the size,condition and large amount of work required to repair the wading pool,we feel it is not feasible to simply repair this pool and feel complete replacement is necessary. Wading Pool Recirculation System The wading pool has two surface skimmers located on either side wall. The decking around the skimmers is in very poor condition. Drainage issues have resulted in shifted or sinking deck slabs around the wading pool leaving being sizeable gaps and"toe stubbers"that can be hazardous to patrons. Page 9of63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study { June 13,2014 Wading Pool Pump The Wading Pool is serviced by one pump,a Pentair WFE-3 that is located above water level. This pump is aging and very inefficient and handles recirculation with suction from the main drain and skimmers. As with the main pool pump,a vertically mounted high efficiency pump with a premium motor installed below water level would solve priming difficulties and provide higher efficiency during operation. Based on our recommendation to completely replace the existing wading pool,a new zero depth splash pool would require a new pump to handle the increased volume. At that time we recommend installation of vertical mount high efficiency pump in a recessed pump pit below water level,with a premium motor and variable frequency drive. Wading Pool Heater The wading pool heater is a smaller,Raypak gas fired heater. The heater is newer to the facility and was reported to be in proper working order. We recommend utilizing the existing wading pool heater on the new spray deck. Depending on the size increase of the splash pool,we recommend the addition of a second heater stacked above the existing heater if necessary. Wading Pool Filter The sand filter dedicated to the Wading Pool is a TR-140,which is a smaller residential style filter that has likely exceeded its life expectancy. It was unknown when the sand was last replaced. Wading Pool Chemical Control ( The chemical control system is relatively new to the facility and identical to the main pool chemical controller. The ProMinent DCM200 controller is user friendly up to date technology that adequately serves the needs of the facility. The controller requires minimal attention and adjustments and should adequately handle the needs of a new splash pool. The wading pool chemical controller could potentially be re-utilized at a new facility in the same way the lap pool chemical controller would be. Bathhouse The bathhouse is in fair condition for its age. Staff reported the roof had been replaced within the past couple years. The bathhouse had been modified from its original construction to meet requirements for ADA access. The change rooms and shower facilities are in good condition. The current layout has two urinals,two toilets and two sinks in the Men's locker room and the Women's has three toilets and two sinks. The women's change room has one private change booth that has a curtain divider. Current trends show a need for family change rooms that allows for a parent or guardian to keep young children of either sex with them,rather than sending them into a locker room alone or bringing them into a locker room of the opposite sex. We recommend the addition of two family style change rooms. Concessions The current bathhouse configuration does not allow for a concessions area to be very effective and lack of space is an issue. The current layout and amenities allows for a very limited number of products to be sold. A permanent dedicated concession area complete with a three compartment sink would be more efficient and allow for increased serving options such as pre-packaged food,etc. This is also an option that would allow for the facility to increase its revenue. d Page 10 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Deck Area The deck area surrounding the Main Pool and Wading Pool is in poor condition. Shifting and settling has created a number of raised areas or"toe stubbers". Some expansion joints have spread apart creating gaps between concrete slabs which allows water to enter causing further damage. Some slabs slope toward joints rather than deck drains creating areas of potential water ponding. The surrounding fence has a few spaces where gaps between posts and mesh exceeds the maximum allowed. Vinyl coated fence is preferred for aquatic facilities as it is more aesthetically pleasing and has a longer life expectancy. According to staff on site,the deck drains,despite being undersized,appear to function properly. The facility lacks a dedicated`eating area'and offers a small amount of shade and minimal table seating that allows patrons to stay longer which would result in additional revenue. We recommend the addition of shade structures along the east side of the main pool. The facility has on deck drinking fountains as well as a small number of on deck lockers for storage. Several of the locker doors are missing. We recommend replacing lockers as needed. Staff reported the shade umbrellas were relatively new to the facility and in good condition. The shade umbrella structures could be re-utilized at a new spray deck or possibly the new facility with new deck anchors. SECTION TWO: OPTIONS Option—1(Do Nothing) Option—2(Repair Existing) Main Pool Based on our review and analysis,we recommend the following work for repair of the main pool area: • Demolition of decks and installation of ADA access ramp along east side of pool Probable cost estimate:$35,000-$40,000 • Replace existing gutter grating. Probable cost estimate:$18,000-$20,000 • Sandblast pool shell to sound concrete and install new Diamond Brite fmish with ceramic tile accents. Probable cost estimate:$65,000-$75,000 • Cold joint repair around entire pool perimeter. Probable cost estimate:$36,000-$42,000 • Installation of an external surge tank and associated piping. Probable cost estimate:$33,000-$37,000 Subtotal: $187,000-$214,000 Soft Costs(20•x) $ 37.400-$ 42.800 Estimated Main Pool Repair Cost Range: $224,400-$256,800 Wading Pool Based on our review and analysis,we have determined that it is not feasible or cost effective to attempt to repair the existing wading pool.For this option we recommend the demolition of the existing wading pool and installation of a new zero-depth entry splash pool with no additional above ground features: • Demo and remove existing wading pool. Probable cost estimate:$4,500-$5,500 Page 11 of 63 USAQUAncsINC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 • Construct new 400 s.£zero-depth entry splash pool with imbedded ground sprays. Probable cost estimate:$75,000-$80,000 Subtotal: $ 79,500-$85,500 Soft Costs(20%) $ 15.900-$17.100 Estimated Wading Pool Repair Cost Range: $95,400-$102,600 Mechanical/Equipment Based on our review and analysis,we recommend the following work for repair of the pool equipment: • Add addition on to existing mechanical building to allow room for a recessed pump pit. Probable cost estimate:$70,000-$80,000 • Replace pool pump with vertical mount high efficiency pump and premium motors and vfd. Probable cost estimate:$12,000-$14,000 • Replace existing sand filters with regenerative media filters. Probable cost estimate:$88,000-$94,000 • Replace existing main pool heater with new more efficient model. Probable cost estimate:$15,000-$18,000 • Replace exterior doors to mechanical building. Probable cost estimate:$2,000-$3,000 • Replace electrical service/fuse box and wiring as necessary. Probable cost estimate:$13,000-$15,000 Subtotal: $200,000-$224,000 { Soft Costs(20%) $ 40.000-$ 44.800 Estimated Mech.Repair Cost Range: $233,400-$268,800 Bathhouse Based on our review and analysis,we Do Not recommend any work for repair of the Bathhouse. Site Based on our review and analysis,we recommend the following work for repair of the site area: • Demo and remove select decldng(approx. 1,000 s.f.),install new decking properly sloped to new deck drains. Probable cost estimate:$9,000-$11,000 • Replace 3'fence and repair 8'fence as needed. Probable cost estimate:$2,000-$2,500 Subtotal: $ 11,000-$13,500 Soft Costs(20%) $ 2.200-$ 2.700 Estimated Site Repair Cost Range: $13,200-$16,200 • Ontion-2 Total Estimated Cost Ranee: $566,400-$644.400 t Page 12 of 63 USAQUArlos INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Option-3 (Renovate and Expand) Main Pool Based on our review and analysis,we recommend the following work for renovation and expansion of the main pool area: • Install an aquatic climbing wall on the north side of the diving well. Installation of gutter cup anchors and rope&float to be included. Probable cost estimate:$34,000-$36,000 • Select demolition to include removal of existing 3m diving board ladder and installation of new platform with stairs and expanded deck. Probable cost estimate:$28,000-$31,000 • Demolition of decks and installation of ADA access ramp along east side of pool Probable cost estimate:$35,000-$40,000 • Replace existing gutter grating. Probable cost estimate:$18,000-$20,000 • Sandblast pool shell to sound concrete and install new Diamond Brite finish with ceramic tile accents. Probable cost estimate:$65,000-$75,000 • Cold joint repair around entire pool perimeter. Probable cost estimate:$36,000-$42,000 • Installation of an external surge tank and associated piping. Probable cost estimate:$33,000-$37,000 Subtotal: $249,000-$281,000 Soft Costs(20%) $ 49.800-$ 56.200 Estimated Main Pool Renovation Cost Range: $298,800-$337,200 Wading Pool Based on our review and analysis,we have determined it is not feasible or cost effective to attempt to repair or renovate the existing wading pool.For this option we recommend the demolition of the existing wading pool,and installation of a new larger splash pool with embedded sprays and several additional above ground features: • Demo and remove existing wading pool. Probable cost estimate:$4,500-$5,500 • Construct new 1,200 s.f.zero-depth entry splash pool complete with interactive play features. Probable cost estimate:$265,000-$290,000 • Installation of new 3'fencing to replace existing. Probable cost estimate:$1,500-$2,000 Subtotal: $271,000-$297,500 Srrfr Costs(20•x) $ 54.200-$ 59.500 Estimated Wading Pool Renovation Cost Range: $325,200-$357,000 Mechanical/Equipment Based on our review and analysis,we recommend the following work for the pool equipment • Add addition on to existing mechanical building to allow room for a recessed pump pit. Probable cost estimate:$70,000-$80,000 • Replace pool pump with vertical mount high efficiency pump and premium motors and vfd. Page 13 of 63 USA61uXn081NC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study ( June 13,2014 Probable cost estimate:$12,000-$14,000 • Replace existing sand filters with regenerative media filters. Probable cost estimate:$88,000-$94,000 • Replace existing main pool heater with new more efficient model. Probable cost estimate:$13,500-$15,000 • Replace exterior doors to mechanical building. Probable cost estimate:$2,000-$3,000 • Replace electrical service/fuse box and wiring as necessary. Probable cost estimate:$13,000-$15,000 Subtotal: $198,500-$221,000 Soft Costs(20%) $ 39.700-$ 44.200 Estimated Mech.Renovation Cost Range: $238,200-$265,200 Bathhouse Based on our review and analysis,we recommend the following work for renovation and expansion of the bathhouse area: • Relocate concessions to west end of bathhouse. Create full concession area with required amenities needed for pm-packaged food service/sales. Probable cost estimate:$95,000-$105,000 • Add two family change rooms complete with bathroom/showers on to existing bathhouse. Probable cost estimate:$76,000-$82,000 Subtotal: $171,000-$187,000 $01 Costs(20%) $ 34.200-$ 37.400 Estimated Bathhouse Renovation Cost Range: $205,200-$224,400 Site Based on our review and analysis,we recommend the following work for the renovation and expansion of the site area: • Demo and remove all decking,install new decking properly sloped to new deck drains. Probable cost estimate:$10,000-$12,000 • Expand concrete decking on west side of bathhouse to create a dedicated eating area with tables. Probable cost estimate:$6,500-$7,500 • Addition of two shade umbrellas to eating area and along east side of main pool. Probable cost estimate:$7,000-$7,500 • Repair fences as needed. Probable cost estimate:$11,000-$12,000 Subtotal: $ 34,500-$39,000 Soft Costs(20%) $ 6.900-$ 7.800 Estimated Site Renovation Cost Range: $41,400-$46,800 ( Option-3 Total Estimated Cost Range: $1.108,800-$1.230,600 Page 14 of 63 USAQuAncs INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Option-4(Spray Pad/Wet Deck) Demolition Based on our review and analysis,we recommend the following demolition work to allow for the site to be prepared for a new Spray Pad/Wet Deck: • Demo and remove Main Pool,Wading Pool and surrounding decks/fence Probable cost estimate:$24,000-$26,000 • Demolition of non-reusable Mechanical/Equipment Probable cost estimate:$4,000-$5,000 • In-fill existing pools Probable cost estimate:$4,000-$5,000 Subtotal: $32,000-$36,000 Soft Costs(20%) $ 6.400-$ 7.200 Estimated Demolition Cost Range: $38,400-$43,200 Spray Pad/Wet Deck Based on our review and analysis,we recommend the following work for installation of a new Spray Pad/Wet Deck: • New 1,200 s.f.Spray Pad/Wet Deck with recirculation system. Probable cost estimate:$220,000-$240,000 • Imbedded and above ground Play Features Probable cost estimate:$125,000-$150,000 Subtotal: $345,000-$390,000 Soft Costs(20%) $ 69.000-$ 78.000 Estimated Spray Pad/Wet Deck Cost Range: $414,000-$468,000 Mechanical/Equipment Based on our review and analysis,we recommend the following work to Mechanical/Equipment for installation of a new Spray Pad/Wet Deck: • Alterations to existing mechanical building to allow room for a recessed pump pit. Probable cost estimate:$30,000-$35,000 • New vertical mount high efficiency recirculation and feature pump and premium motors. Probable cost estimate:$12,000-$15,000 • Install new regenerative media filter. Probable cost estimate:$15,000-$20,000 • Replace exterior doors to mechanical building. Probable cost estimate:$2,000-$3,000 • Replace electrical service/fuse box and wiring as necessary. Probable cost estimate:$13,000-$15,000 Subtotal: $72,000-$88,000 Soft Costs(20%) $14.400-$17.600 Estimated Mech.Cost Range: $86,400-$105,600 Page 15 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Bathhouse Based on our review and analysis,for this option we Do Not recommend any work on the Bathhouse. Site Based on our review and analysis,we recommend the following work for repair/renovation of the site area: • Install new decking around Spray Pad/Wet Deck properly sloped to new deck drains. Probable cost estimate:$18,000-$20,000 • Expand concrete decking on west side of bathhouse to create a dedicated eating area with tables. Probable cost estimate:$5,500-$6,000 • Addition of two shade umbrellas around Spray Pad/Wet Deck Probable cost estimate:$7,000-$7,500 • Install new fence surrounding Spray Pad/Wet Deck. Probable cost estimate:$5,000-$6,000 • New sod around Spray Pad/Wet Deck. Probable cost estimate:$4,500-$5,500 Subtotal: $ 40,000-$45,000 Soft Costs 120%) $ 8.000-$ 9.000 Estimated Site Renovation Cost Range: $48,000-$54,000 Option—4 Total Estimated Cost Range: $586.800-$670.800 Option-5(New Aquatic Facility) Based on several meetings to discuss options,Option—5 is the selection made by the Pool Committee to pursue moving forward with as the recommended option. The full preliminary cost estimate can be found in detail in Section Six:Final Design. The total estimated cost range shows the estimated cost for what the Pool Committee identified as a BASE project,with the higher number being the BASE project with ALL alternates included. Option—5 Total Estimated Cost Ranee: $7384.507-$9,448.912 Page 16 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 SECTION TWO: EXISTING FACILITY Facility Layout 12,11111° '' *0 ' ' ' 11;7 AT1*-3 ', , — i 1. *9 '4 t i [TO',-4.tit' ,,, _ .. i . x [R e , lik' -r'''- ' pp r '" 4,,A, rtl • ..t . I +{t1 ' illr ,11,1,s 7 44 , .,A , . , , ,,.- ' '1 gy 1'4:.F Y 4,,.• /y�r < 1 I 41 ,1 1 i W , YAV/N/tf/+ee. ,ft 4' f, - iiiipru, , , P,IL'e 17 of 6 3 USAQUATIOS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Si+vimming Pool Assessment and Project Study June 13,2014 Actual 2013 Budget Expenditures Category *Budget Salaries $71,700 Equipment supplies $13,300 Building supplies $3,900 Concession purchase $5,200 Pool chemicals $5,500 Uniforms $700 Travel,training,meetings $700 Telephone/data $1,600 Utilities $10,300 Building&equipment repairs $3,800 Insurance - Dues/subscriptions $1,000 Professional service $14,400 Program expense $400 Total $132,500 *Numbers rounded to nearest hundred Revenue vs.Expense(2011-2013) ( 2011 Category Budget Revenue $66,400 Expense $103,000 Profit(Subsidy) ($36,600) 2012 Category Budget Revenue $71,400 Expense $121,600 Profit(Subsidy) ($50,200) 2013 Category Budget Revenue $68,030 Expense $132,500 Profit(Subsidy) ($64,470) Page 18 of 63 USAQUATICS INC. AQUATIC CONSULTING &DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Farmington Municipal Pool $140,000 $120,000 $100,000 i f $80,000 •Revenue $60,000 • i Expenses $40,000 al l $20,000 2011 2012 2013 Pool Attendance Farmington Municipal Pool 2011-2013 13,000 12,500 12,000 ...�� ."��� —4—Patrons 11,500 11,000 2011 2012 2013 • When analyzing the Outdoor Pool Attendance from 2011-2013 the following can be cited for the low overall numbers and the slow decline in annual attendance: o Communities around the Farmington area have built new facilities offering enhanced amenities for the participants with upgraded park features and aquatic programming options. o The Farmington aquatic facility has grown stale to the local participants. It has become routine serving a very small segment of the local population and not reaching the broader aquatic community and aquatic needs. o It should be noted that 2013 had the lowest attendance numbers despite being open a total of 66 days compared with 63.5 in 2012,and 61 in 2011. Page 19of63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Census Information • Total Population: 21,086(2010) • Households: 7,066 • Families residing within the city: 5,426 • Families with children under 18= 51.4% • Population distribution by age: o 17&under 33% o 18-24 6.3% o 25-44 35.7% o 45-64 19% o 65+ 5.6% 2010 Census Demographics 40.0% 35.096 30.09'0 Li_ 25.0% 20.0% 15.0% 10.0% 5.0% 0-17 18-24 25-44 45-64 65+ • When analyzing the estimated 2010 Farmington Census information the following information was determined: o The highest percentage of the population is those between the ages of 25-44 at 35.7%. The second highest age range is 17 and under that accounted for 33%of the population. o This suggests an aquatic facility and added amenities that focuses on young families. o The aquatic need is for a facility that offers a wider range of aquatic activities and amenities. Page 20 of 63 USAQUATnOS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 2010 Parks and Recreation Needs Assessment The following is a list of questions and results from the needs assessment that took place in 2010. The questions below list either the existing swimming pool or a new aquatic facility. Actions Most Willing to Fund to Improve the Existing Parks and Recreation System. Based on the sum of their top four choices,the actions that are most willing to fund with tax dollars to improve the existing parks and recreation system are:maintain and improve existing paved trails(56%),fix- up/repair older neighborhood and community parks(45%),maintain and improve existing playground equipment(35%),and maintain and improve the existing outdoor pool(28%). Most Important Parks and Recreation Facilities. Based on the sum of their top four choices,the parks and recreation facilities that households rated as the most important are:paved walking and biking trails(65%),small neighborhood parks(49%),playground equipment(28%),natural areas/wildlife habitat(24%),large community parks(20%)and swimming pool (16%). Actions Most Willing to Fund to Develop New Parks and Recreation Facilities. Based on the sum of their top four choices,the actions that households are most willing to fund through a bond levy to develop new parks and recreation facilities are:complete missing walking/biking trail connections(42%),new paved walking and biking trails(36%),neighborhood parks(18%),pedestrian bridges/underpasses for trail crossing(17%)and new swimming pool(16%). Pago 21 of63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Fannington Mumming Assessment nicipal and Swi Project Study Pool June 13,2014 Existing Facility Photographs r , ,... J -- .. :_-__- ,,,___. __ 01 ......,..---- K.:,' - . Ot 1 • c . i "' i • Existing Bathhouse r^= t I 1 �— , _ 4 0 Iwg ot., ; ! .ri III 0 .. , . r } gi,M u, ' �'yt r+'e t� „„ t� I z if- I e L S M C�{ . a..m . Page 22 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 �. .... _ _.. a x y ,. N‘ ; 4,..7,.,,,,,,,,,t,1, ,;,,,,r,., . ,, p z. � 1 Existing concessions area Deck conditions at Wading Pool fil,,, I ' .,,,,.,..`-t--,,,,,,,,,,,,at-7- , ,.\\ � I � � .: ......, .. „:„.. , A"€ it \ '— ` , View of bathhouse from inside facility Coping/deck joint conditions,' } L t j A t v N. \ 1 •A 4.- i y r -1" .t t• �3 •ri,„„trs jf '< .R Wading Pool Cracked/broken coping Page 23 of 63 I USAQUATICS INC. AQUATIC CONSULTING &DESIGN Farmington Municipal Swimming Pool Assessment and Project Study Tune 13,2014 L r r��{', r a.• fro• _ # * 1,4074.01,4,. .4,44 ''.t. 'A loe' ,SFr`'___ '�. .. • u, ;`` le'''' .4-, 11,:,,,A» ,, 1 I Coping/depth marking conditions Gutter grating conditions '�,."P FMS ' �fi f ~ , .1. .. _ ,.'...4y� tom: � ‘'13'.1'. > '. ,, A t Y+ i ';','O''. r �� F i 'aM1 4x , 4 ' - ,. I ,..1f — , �* t 1 t fs er r ' Facility conditions Pool finish spalling 7 % .•, , w � L t Y t r,, .."°- •� - • Y - ��'' rt Y v � 4 ` , 65 p, -r i,. S Deck/deck drain conditions Construction cold joint Page 24 of 63 USAQUATICS INC. AQUATIC CONSULTING &DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 Ih r r n ;.,a f thy, Yjj �4 4 . i5 .�i e I1 - _ ' ( j / / .;. ,- -J,,,,,.4.701.'. . - '....Ars.,ii- fv,":i .` ,...-.. 40 fir \ - �"�;, fit• 1�. � .a \'. � w Gaps at fencing Sunken areas of concrete 141144:-.rtz.v q r � 1 A � �4 r Minimum 5' clear walk required(not met) Deck conditions around Main Pool Or III 41 1 ,,,.. ,,,,.. ,. 1 ,,- ik,:to ' t iii le A\ ) 4 V \ iiir,lipll ' r Al Ka n , ... i Tp. 4 3M Diving Tower ladder Existing drop-slide Page 25 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 te 0 d ,a .?, ,*Iv tl�, it `4 F :' . 4. , t e tR .. t Miw. ` 44 4 +r Existing eating/lounge area Main Pool recirculation pump s �. �/ _ - , , 4,_ r-'i _ i ' i r \ 1 I 1 _ .4 Existing Mechanical building Main Pool sand filter : ro ...... ..0., i * _ ' ' fi .. ' , ' ei.,., . ..., ,,,. _::...., ,, . ,._ ,,, ,, .,' p P '.',,, i I' ° - te• r d r ; ■I*f Al v ,,,,.._..... ..,,,. ,„‘Main Pool recirculation pump and strainer Wading Pool recirculation pump Page 26 of 63 USAQUATICS INC. AQUATIC CONSULTING&DESIGN Farmington Municipal Swimming Pool Assessment and Project Study June 13,2014 1 ,7,,. , . . I iikalice„, , Nhar.......44,' , ---f.: \ \1 r ; \ .1", ' ,V"'''k ' 4011.11 \ a Wading Pool sand filter Wading Pool heater • \ , 0_Lil o • L '.I r c ii ,, : ,i ile l YY �—'° .� o Existing electrical service Chemical controllers Page 27 of63 4OftR ii City of Farmington p 430 Third Street Farmington,Minnesota \tin651.280.6800 -Fax 651.280.6899 ,4 r `�'.,, www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David J.McKnight, City Administrator SUBJECT: Economic Development Authority Structure DATE: July 6,2015 INTRODUCTION The structure of the Economic Development Authority(EDA)has been discussed recently by its members. The current structure includes two city council representatives and three resident representatives. DISCUSSION Farmington City Code, Chapter 8, section 2-8-2 established the membership of the EDA to consist of two city council members and three residents. Minnesota Statute 469.095 requires that EDA's have either three, five or seven members and lay out a process to change the number of members once an EDA has been established. Recently there has been some discussion about changing the structure of the EDA to include additional members, either members as included under state statute or advisory members. The discussions have also included potentially involving school district representatives as potential members. This item was placed on the agenda so the entire city council could have a discussion on this item. If there is a consensus or a desire to discuss this issue with the school board,this item can be placed on the joint city council/school board meeting that is scheduled for July 20, 2015. BUDGET IMPACT NA ACTION REQUESTED Discuss the structure of the EDA and provide city staff with any direction you may have in this area. No formal action will be taken at the meeting,this is a discussion item only. o�rcARiv , City of Farmington a. 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ,A more www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: AFSCME/LELS Union Negotiations DATE: July 6,2015 INTRODUCTION The City of Farmington has contracts with two AFSCME unions two LELS unions that will expire on December 31, 2015. DISCUSSION State statute allows for a limited number of items to be discussed in a closed session. Union negotiations are one of the items that the city council can go into closed session with city staff to discuss labor negotiations. City staff met with AFSCME representatives on June 15,2015 to review a number of issues and proposals. Meetings with representatives from LELS will likely begin soon as well. City staff will update the city council on the progress of the negotiations and review current proposals. BUDGET IMPACT TBD ACTION REQUESTED Make a motion to go into closed session as allowed by Minnesota Statute 13D to discuss labor negotiations for AFSCME and LELS.