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09.06.16 Council Packet
Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA September 6, 2016 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OFALLEGL4NCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items.No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve Minutes of the August 15, 2016, City Council Meeting— Administration Approved b) Approve Minutes of the August 29, 2016, City Council Work Session— Administration Approved c) City Administrator Annual Performance Review Summary—Attorney Information Received d) Adopt Resolution Approving Gambling Event Permit for Farmington Fire Fighters Auxiliary—Community Development R60-16 e) Adopt Resolution Approving Gambling Premise Permit Farmington Wrestling—Community Development R61-16 f) Adopt Ordinance Amending Title 10, Chapter 4 of the Farmington City Code Opting Out of the Requirements of Minnesota Statutes, Section 462.3593 — Community Development Ord 016-715 g) Adopt Ordinance Amending Section 10-6-10 of the Farmington City Code as it Relates to Landscaping Requirements—Community Development Ord 016-716 h) Approve Farmington Bakery Community Development Block Grant Commercial Rehabilitation Grant Amendment—Community Development Approved i) Adopt Resolution Declaring Surplus Property—Fire R62-16 j) Adopt Resolution Increasing Authorized Staffing Level in the Farmington Fire Department-Fire R63-16 k) Approve 2016-2017 Farmington High School Hockey Game Ice Rental Agreement—Parks Approved 1) Approve Upgrade Laserfiche System—Human Resources Approved m) Acknowledge Resignation Fire Department—Human Resources Acknowledged n) Acknowledge Resignation Fire Department—Human Resources Acknowledged o) Acknowledge Resignation Fire Department—Human Resources Acknowledged p) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Approve On-Sale Liquor and Sunday Liquor License—Gossips Bar and Grill Approved 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Amendment to Planned Unit Development—Farmington Health Services Ord 016-717 b) Rambling River Center Plaza and Parks Master Plan Concept Development Contract Tabled for 60-90 days 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Agreement with Farmington Youth Hockey Association Approved b) Adopt Resolution 2017 Preliminary Budget and Tax Levy R64-16 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN �o � City of Farmington ki I I II 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ►r.,,,,�,s+�`° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the August 15, 2016 City Council Meeting-Administration DATE: September 6, 2016 INTRODUCTION Attached for your review at the draft minutes from the August 15, 2016 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Review and approve the minutes from the August 15, 2016 city council meeting. ATTACHMENTS: Type Description © Backup Material August 15, 2016 City Council Meeting Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING AUGUST 15,2016 1. Call to Order Mayor Larson called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor Larson led those in attendance in the Pledge of Allegiance. 3. Roll Call Present-Larson, Donnelly, Bonar and Pitcher Absent-Bartholomay Staff Present-Administrator McKnight, Human Resources Director Wendlandt, Communications Specialist Cahlander,Attorney Poehler and Attorney Schutt 4. Agenda Motion by Donnelly, second by Pitcher to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations Updated City Website Human Resources Director Wendlandt and Communications Specialist Cahlander reviewed the updated city website. A number of features were reviewed and changes from the old website were discussed. There are still some features that are being worked on as we go. The city council thanked staff for their work on this project. 6. Citizen Comments None 7. Consent Agenda Motion by Donnelly, second by Bonar to approve the consent agenda: a) Approve Minutes of the August 1, 2016 City Council Meeting-Administration August 15,2016 Minutes -1- b) REMOVED c) Declare Surplus Equipment and Authorize Sale of North Creek Park Plastic Hockey Boards-Parks d) Adopt Resolution Approving Gambling Events Permit Vermillion River Longbeards- Community Development e) Appointment Recommendation Fire Department-Human Resources f) Appointment Recommendation Fire Department-Human Resources g) Appointment Recommendation Fire Department-Human Resources h) Adopt Resolution Accepting Donation to the Police Department-Police i) Approve a Joint Powers Agreement with Dakota County for Legal Services-Police j) Approve Bills-Finance APIF, motion carried. Motion by Pitcher,second by Donnelly to approve the following consent agenda item. b) Approve Minutes of the August 8, 2016 City Council Work Session-Administration Voting in Favor-Larson, Donnelly, Pitcher Abstain-Bonar, Motion Approved 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications None 11. Unfinished Business None 12. New Business None 13. City Council Roundtable Pitcher-Encouraged everyone to enjoy the weather. Bonar-Since he missed the last work session he shared with the city council that he supported the direction on the fire department issues discussed at the meeting,supported the snow fence August 15,2016 Minutes -2- testing on Flagstaff Avenue and thanked the Donnelly family and did not agree with the 4.95% proposed levy increase that was discussed but rather supported an approximate 4.15% levy increase that does not include a new IT position Larson-Encouraged everyone to shop local. Executive Session Mayor Larson adjourned the meeting into executive session as allowed under Minnesota Statute 13D.05,Subdivision 3A for the purpose of conducting the annual performance review of City Administrator David McKnight at 7:19 p.m. The city council went into executive session at 7:30 p.m.for the annual performance review of City Administrator David McKnight. Those in attendance included Mayor Larson, City Councilmembers Donnelly, Bonar and Pitcher,Attorney Poehler,Attorney Schutt and Administrator McKnight Adjourn Motion by Donnelly, second by Pitcher to adjourn the meeting at 8:20 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator August 15,2016 Minutes -3- 0kri►iie City of Farmington h p 430 Third Street Farmington, Minnesota. 651.280.6800 -Fax 651.280.6899 ' .,,,IO* , www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the August 29, 2016 City Council Work Session-Administration DATE: September 6, 2016 INTRODUCTION Attached for your review are the minutes from the August 29, 2016 city council work session. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Review and approve the minutes from the August 29,2016 work session. ATTACHMENTS: Type Description © Backup Material August 29, 2016 Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION AUGUST 29,2016 Mayor Larson called the work session to order at 5:30 p.m. Roll Call Present-Larson, Bartholomay, Bonar,and Pitcher Absent-Donnelly Staff Present-Administrator McKnight and Community Development Director Kienberger Agenda Motion by Bartholomay,second by Bonar to approve the agenda as presented. APIF, motion carried. EDA Interviews The city council interviewed four candidates for an open position on the Economic Development Authority. The decision was made to interview the two candidates who could not make the meeting on Tuesday, September 6, 2016 at 6:15 p.m. Liquor Store Options Update Community Development Director Kienberger and Administrator McKnight provided an update on the options available for a downtown liquor store. The city council discussed a number of issues related to this topic and directed staff to continue to work on the issue and report back both temporary and long term options City Administrator Update Administrator McKnight presented an update on the following items. • Reminded the city council that they will hold a joint work session with the Planning Commission on Monday,September 12, 2016 to discuss The Orchards and Fairhill project. • Updated the city council on the selection on the new DCC Executive Director. August 29,2016 Work Session Minutes -1- Adjourn Motion by Bartholomay,second by Pitcher to adjourn the meeting at 7:16 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator August 29,2016 Work Session Minutes -2- ,iikRMi , City of Farmington s 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 , .A1,400 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Andrea Poehler, City Attorney SUBJECT: City Administrator Annual Performance Review Summary-Attorney DATE: September 6, 2016 INTRODUCTION Attached for your review is a summary of the annual performance review conducted by City Administrator David McKnight at your August 15, 2016 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve this summary of the performance evaluation, approve changes to compensation of Administrator McKnight, and authorize re-execution of Administrator contract consistent with the approved changes. ATTACHMENTS: Type Description v Backup Material City Administrator Performance Review Summary MEMORANDUM CAMPBELL KNUTSON Professional Association TO: Mayor and City Councilmembers David McKnight FROM: Andrea McDowell Poehler DATE: September 6, 2016 RE: City Administrator Evaluation Summary Report and Changes to Administrator Contract BACKGROUND Pursuant to the State's Open Meeting Law,Minn. Stat. Section 13D.05, subd. 3,the City Council conducted a closed meeting for approximately 45 minutes as part of its August 15th Regular Council Meeting to evaluate the performance of City Administrator David McKnight. The Mayor and all City Councilmembers, Administrator McKnight, Campbell Knutson attorney Amy Schutt and I attended. The law requires that, at its next open meeting, the public body shall summarize its conclusions regarding the evaluation. The following is submitted for council review and approval as a summary of the evaluation conducted on August 15t. City Administrator McKnight's performance review was conducted in accordance with Section VIII of the Council's By-Laws relating to the annual Administrator Review, using a standardized evaluation form distributed, filled out and returned by each councilmember to our office prior to the evaluation meeting. As specified in the By-Laws our office tabulates the results of the evaluation without any reference to individual Councilmembers. EVALUATION At the meeting, City Administrator McKnight provided a summary of the projects he worked on over the past year, the Council reviewed the summary provided by our office, discussed the results, provided additional feedback to the Administrator, discussed performance goals, and discussed changes to Mr.McKnight's terms and conditions of employment. The Council evaluations indicated that overall Mr. McKnight was meeting or exceeding expectations of the Council in all evaluated categories (Leadership, Communication, Quality of Work, City Council/City Administrator Relationship, Organizational Culture, and Overall Rating). Going forward,the Council encouraged the City Administrator to become more active outside of City Hall by engaging with the community and employees that do not office in City Hall, and to 1 188629 continue working on improvements related to organizational matters. City Administrator McKnight agreed with the foregoing and indicated that his future goals also included: increasing his involvement with his peers,working on personal career development and increasing code enforcement within the City. Overall the Council indicated that the City was moving in the right direction under City Administrator McKnight's leadership and that they appreciated his professional and calm management style and good communication skills with the City Council. CONTRACT CHANGES Changes to the Administrator's terms and conditions of employment were discussed. It was noted that Administrator McKnight is compensated less than several other Dakota County Administrators or Managers. The following adjustments were directed to be presented for approval by the Council at its next regular meeting in conjunction with approval of this summary. • Adjust annual salary from$120,380.00 to $123,991.40. • Increase the City's contribution to deferred compensation program from$4669.00 per year to $4,715.69 per year. Changes to compensation will be effective on the Administrator's Anniversary Date of August 29,2016, and documented by re-execution of an updated employment agreement reflecting the changes. ACTION REQUESTED Approve this summary of the performance evaluation, approve changes to compensation of Administrator McKnight, and authorize re-execution of Administrator contract consistent with the approved changes. Respectfully submitted, Andrea McDowell Poehler 2 188629 4114114 City of Farmington p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' r•,,,,,raa.°. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Adopt Resolution Approving Gambling Event Permit for Farmington Fire Fighters Auxiliary-Community Development DATE: September 6,2016 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 5, 2016. 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 5, 2016 and waiving of the$50 investigation fee. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO. R60-16 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 September 2016 at 7:00 p.m. Members Present: Larson, Bartholomay,Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,pursuant to M.S.349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS, 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 5,2016,for City 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 5,2016,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6t'day of September 2016. Mayor Attested to the 7' day of September 2016. i Administrat r LJ SEAL orkRitt, City of Farmington 430 Third Street Farmington, Minnesota a'/ ' 651.280.6800 -Fax 651.280.6899 /44.4.100'1 ,,,,, www.cifarmington.mn.us TO: Mayor, Council nembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Adopt Resolution Approving Gambling Premise Permit Farmington Wrestling- Community Development DATE: September 6, 2016 INTRODUCTION Farmington Wrestling is requesting a gambling premise permit at 309 Third Street, Suite 1. DISCUSSION Pursuant to state statute and pertinent city code, an organization must fust obtain a resolution from the city, granting permission for gambling to occur at a specific location. Farmington Wrestling is requesting approval to conduct gambling activity at Gossips Bar and Grill, 309 Third Street, Suite 1. The appropriate application and fees have been received. BUDGET IMPACT Revenues are included in the 2016 budget. ACTION REQUESTED Consider the attached resolution approving a gambling premise permit for Farmington Wrestling at 309 Third Street, Suite 1. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO.R61-16 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR FARMINGTON WRESTLING 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 clay of September 2016 at 7:00 p.m. Members Present: Larson,Bartholomay,Bonar, Donnelly,Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,pursuant to M.S.349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Premise Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,Farmington Wrestling has submitted an application for a Gambling Premise Permit to be conducted at 309 Third Street, Suite 1,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Premise Permit for Farmington Wrestling at 309 Third Street, Suite 1,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of September 2016. Mayor Attested to the ,`"y day of September 2016. CAt': City Administrat SEAL 4FARH City of Farmington pZ 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ..,,POO*: www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Adopt Ordinance Amending Title 10, Chapter 4 of the Farmington City Code Opting Out of the Requirements of Minnesotas Statutes, Section 462.3593-Community Development DATE: September 6, 2016 INTRODUCTION Attached, is an ordinance opting-out of the requirements of Minnesota Statutes, Sections 462.3593 as it relates to Temporary Health Care Dwelling Units. DISCUSSION In the 2016 legislative session a bill was passed that requires cities to allow temporary accessory dwelling units. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person"by allowing them to stay in a temporary accessory structure on a relative's or caregiver's property. The law exempts said applications from typical zoning authority and requires cities to approve them within 15 days. The law also allows them to be permitted with a doctor's note for the residents and provides for exceptions to typical building,zoning and fire regulations. From a planning perspective there are several concerns with the ordinance that come to mind, including: the law bypasses the city's ordinance regarding accessory uses and structures as well as recreational vehicles; the permit can automatically extend with no reason to not extend provided for; and there is no reference to compliance with shoreland, floodplain or wetland requirements. There are also several concerns with this law that would affect the city outside of land use issues that are just as impactful and would cost the city resources to allow these types of imits including: A$100 permit fee for the initial permit with a$50 renewal fee that would likely not cover the costs;allowing people to reside in a structure that does not meet Minnesota state building,plumbing, electrical code or building permit requirements;utility hook-up concerns as the Minnesota state plumbing code requires buildings/structures to be hooked up to public utilities if available;and HIPPA data handling concerns. The law goes into effect on September 1, 2016. The law does provide the cities with the opportunity to opt- out of the law through the passage of an ordinance. Attached,please fmd a document prepared by the League of Minnesota Cities that highlights the new law and provides an in depth review of the potential outcomes that could be associated with allowing these types of structures. The Planning Commission held a public hearing on the proposed opt-out ordinance at a special meeting on August 16, 2016. The commission recommended approval of the ordinance with a vote of 5-0. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached ordinance opting-out of Minnesota Statutes, Section 462.3593 as it relates to Temporary Health Care Dwelling Units. ATTACHMENTS: Type Description c Ordinance Opt-out ordinance c Backup Material League of Minnesota Cities information CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. 016-715 AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES,SECTION 462.3593 WHEREAS,on May 12,2016 Governor Dayton signed into law the creation and regulation of temporary family health care dwellings,codified as Minn. Stat.462.3593,which permit and regulate temporary health care dwellings; WHEREAS,subdivision 9 of Minn. Stat.462.3593 allows cities to"opt-out"of those regulations; THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10,ZONING,Chapter 4, GENERAL PROVISIONS, of the Farmington city code is amended by adding the following Section: 10-4-7: OPT-OUT OF MINNESOTA STATUTES,SECTION 462.3593: Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9,the city of Farmington opts-out of the requirements of Minnesota Statutes, Section 462.3593. SECTION 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this 6th day of September,2016, by the City Council of the city of Farmington. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: By: avid McKnity Administrator SEAL Approved as to form the_e day of 2016. r / By: ��. . . . ity Attorn, Published in the Farmington Independent the day of ,2016. 00 LEAGUE OF CONNECTING &INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures—What it means for Cities Introduction: On May 12, 2016, Gov.Dayton signed, into law,a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.' Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person",by allowing them to stay in a "temporary dwelling"on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes,unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out,cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. '2016 Laws,Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE.WEST PHONE(651)281-1200 FAX:(651)281-1299 ST. PAUL, MN 55103-2044 TOLL FREE(800)925-1122 wEs:wwwu.tc.oR. Temporary Family HealthCare Dwellings June 27, 2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No,the law goes into effect Sept. 1,2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No,the law does not set a deadline for opting out, so cities can opt out after Sept. 1,2016. However, if the city has not opted out by Sept. 1, 2016,then the city must not only have determined a permit fee amount4 before that date(if the city wants to have an amount different than the law's default amount),but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law.Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1,2016,but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use,then the law does not apply and the city follows its own ordinance.The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so.The statute does not provide clear guidance on how to treat this opt-out ordinance.However, since the new law adds section 462.3593 to the land use planning act(Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance,triggering the requirements of Minn. Stat. § 462.357, subd.2-4, including a public hearing with 10-day published notice.Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 3 See Minn.Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27,2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes.Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely.The opt-out language of the statute allows a city,by ordinance,to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute,the most conservative approach would be to opt out of the statute,then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out,the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements.As mentioned above, if a city wants a program different from the one specified in the statute,the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city.Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including,but not limited to:6 • Name,address, and telephone number of the property owner,the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician,physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more"instrumental activities of daily life;"7 statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn. Stat.§462.3593,subd.3 sets forth all the application criteria. This is a term defined in law at Minn.Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media;and traveling,including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27,2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application: the primary caregiver,the owner of the property(on which the temporary dwelling will be located) and the resident of the property(if not the same as the property owner). However,neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver"or"relative"resides.The statute defines caregiver as"an individual, 18 years of age or older,who: (1)provides care for a mentally or physically impaired person; and(2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring."The definition of"relative" includes"a spouse,parent,grandparent,child, grandchild, sibling,uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No.The legislature did not include an age requirement for the mentally or physically impaired dweller.8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as"mentally or physically impaired,"defined as"a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state."The law specifically limits the time frame for these temporary dwellings permits to 6 months,with a one-time 6 month renewal option. Further,there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling 8 The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying. Temporary Family HealthCare Dwellings June 27,2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities(by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable(as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings)or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly,no.These structures must meet accessibility standards (which are in the State Building Code).The primary types of dwellings proposed fall within the classification of recreational vehicles,to which the State Building Code does not apply.Two other options exist,however, for these types of dwellings. If these structures represent a pre-fabricated home,the federal building code requirements for manufactured homes apply(as stated in Minnesota Rules,Chapter 1360). If these structures are modular homes, on the other hand,they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit,the temporary family health care dwelling must be located in an area on the property where"septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents"other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards Institute website is located at httns://www.ansi.org/. 11 New Minn. Stat. §462.3593,subd.2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27,2016 Page 6 However,unless otherwise provided, setbacks and other local ordinances,charter provisions,and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process.The permit approval process found in Minn. Stat. § 15.99 generally applies;however,the new law shortens the time frame within which the local governmental unit can make a decision on the permit.Due to the time sensitive nature of issuing a temporary dwelling permit,the city does not have to hold a public hearing on the application and has only 15 days(rather than 60 days)to either issue or deny a permit.For those councils that regularly meet only once a month,the law provides for a 30-day decision.The law specifically prohibits cities from extending the time for making a decision on the permit application.The new law allows the clock to restart if a city deems an application incomplete, but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee.The law sets the fee at$100 for the initial permit with a$50 renewal fee,unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law.The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance.The permit holder then has sixty(60) days from the date of revocation to remove the temporary family health care dwelling.The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data,the city could, for example, request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living",without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability.Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27,2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC General Counsel Tom Grundhoefer at grundho@lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. -ii City of Farmington fa 430 Third Street Farmington, Minnesota iia 651.280.6800 -Fax 651.280.6899 r.4 .°. www.c i.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler,Planning Manager SUBJECT: Adopt Ordinance Amending Section 10-6-10 of the Farmington City Code as it Relates to Landscaping Requirements-Community Development DATE: September 6, 2016 INTRODUCTION Attached, for city council consideration is an ordinance amending Section 10-6-10 of the City Code as it relates to landscaping requirements within the city. DISCUSSION Several years back the city council adopted an ordinance that changed the city's policy regarding boulevard trees. The ordinance was changed at that time to require lot frontage trees to be placed in new developments instead of boulevard trees. For review and/or clarification, lot frontage trees are required to be planted in new developments within the front yards of lots rather than on the boulevard(area between the curb of the adjacent street and the property line)and are to be planted eight(8')feet from the front property line with a spacing of one tree for every forty(40')feet. The lot frontage trees must also be planted in a parallel line to the front property line. Boulevard trees are allowed in new developments only along city approved boulevard tree routes. The approved boulevard tree routes within the city are: • Flagstaff Avenue • 208th Street • Spruce Street • Akin Road • 190th Street • Diamond Path • Elm Street(from Denmark Avenue to Trunk Highway 3) • 213th Street • 12th Street The attached ordinance provides additional refinement to the landscape ordinance. The main components of the ordinance amendment being proposed are as follows: 1. The ordinance amendment provides a list of trees that are prohibited from being planted as boulevard trees; 2. The ordinance amendment removes the list of allowable lot frontage trees and boulevard tree species; 3. The ordinance amendment removes language that the property owners can replace(at their own risk)a dead boulevard tree with a new tree in the boulevard. 4. The ordinance amendment removes the list of acceptable shrubs and trees that can be placed under overhead utility lines and replaces it with standards for size of trees/shrubs and the required setback for those trees and shrubs based on height of the trees and shrubs. The Planning Commission held a public hearing on the proposed ordinance amendment at a special meeting on August 16, 2016. The commission recommended approval of the ordinance with a vote of 5-0. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached ordinance and summary ordinance amending Section 10-6-10 of the Farmington City Code as it relates to landscaping requirements. ATTACHMENTS: Type Description © Ordinance Ordinance Amending Section 10-6-10 Ci Ordinance Summary Ordinance CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 016-716 AN ORDINANCE AMENDING SECTION 10-6-10 OF THE FARMINGTON CITY CODE AS IT RELATES TO LOT FRONTAGE AND BOULEVARD TREE REQUIREMENTS THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-10 of the Farmington City Code is hereby amended by adding the underlined language and removing the language that is struck through as follows: 10-6-10: LANDSCAPING: (A)Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration and noise,glare, and heat abatement. 3. To protect and preserve the appearance,character, and value of property and thereby promote the general welfare of the city. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (Ord. 002-469, 2-19-2002) (B)Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, B-4, SSC, IP and I-1 districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan.A registered landscape architect,registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan. (Ord. 005-526,3-21-2005) (C) Landscape Plan Contents: A landscape plan shall include the following information: 1.North point and graphic scale, not less than one inch(1")to one hundred feet(100'). 2. The name of the project; developer; owner; and the person who prepared the plan,with their professional designation; and the date and revision dates of the plan. 3.Accurate final grades at two foot(2')contour interval. 4. The location and dimensions of all existing and proposed structures, parking lots and drives,curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city. 5. The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation,where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location,type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name,the quantity of proposed plants and trees,their height, caliper or gallon size and any requirements during installation. 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees,twelve inch(12")diameter or larger measured at four and one-half feet(41/2')aboveground that are proposed for removal, must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques. (D)General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. 2. Developed Uses: In all residential, business and industrial districts, except in B-2, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off street parking, except for driveways, and shall be at least ten feet(10') in depth. (Ord. 002-469,2-19-2002) 3.Nonresidential: Where lots or parcels in any nonresidential zoning district are within one hundred feet(100')of a residential zoning district(R-1, R-2, R-3, and R-5)a landscaped yard ten feet(10') in width installed with a one hundred percent(100%)screen(plant material, fence,etc.) shall be installed within the landscaped yard. (Ord. 002-469,2-19-2002; amd. Ord. 009-613, 10-19-2009) 4. High Density: High density residential developments which range from seven(7)and sixty(60) units per acre shall include at least twenty percent(20%)of the parcel as landscaped open space and ten percent(10%)of the parcel must be developed for private recreation and/or common open space. 5.New Construction:New business construction in the B-1 limited business district shall maintain a minimum of ten percent(10%)of the site area as landscaped open space devoted to pedestrian use. 6. Off Street Parking: Any off street parking lot containing more than six(6)parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a)Number Of Plant Materials: One tree and three(3) shrubs for every forty feet(40') of parking lot perimeter installed as close to forty feet(40')as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three(3)or more and installed to visually buffer the parking lot and roadway. (b)Minimum Landscape Area: A continuous nonpaved area at least ten feet(10') in width, shall be located between the edge of the parking lot and the property line. (c)Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet(3') in height at maturity.No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 7. Parking Lots: Any parking lot containing more than twenty(20)parking spaces shall provide landscaping as follows: (a)Number Of Plant Materials: A minimum of one tree and three(3) shrubs for every twenty(20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location Of Interior Islands: A minimum of one interior planting island for every twenty(20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c)Interior Planting Island: The planting island shall have a minimum width of eight feet(8'), a maximum length of sixteen feet(16'), and a minimum area of one hundred twenty eight(128) square feet. A minimum of seventy percent(70%)of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet(3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. (d)Location Of Conduits: In cases where lighting conduits are installed within the interior planting islands,the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e)End Islands Of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet(8')and a maximum length of sixteen feet(16')for a single parking aisle or thirty two feet(32')for double parking aisles.The end islands shall be landscaped as required above. (f)Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location Of Interior Islands For Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces,the driving aisles should be aligned towards the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach towards the building. 8. Screening Of High Activity Uses: All loading docks; commercial facilities with drive-through services; automotive repair and service; car washes; and other similar high activity uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six foot(6')opaque fence or masonry wall. 9. Screening Of Storage Yards: In industrial and commercial districts,no outside storage areas shall be allowed nor shall any articles,goods, materials or storage tanks be kept in the open or exposed to public view or view from adjacent buildings, without prior approval of the city. If outside storage is given city approval, all materials and/or containers and equipment, shall be screened one hundred percent(100%)from view. Required screening shall include: a)a six(6)to eight foot(8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 10. Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways: All subdivided land, included in all districts,which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet(20')from the edge of the right of way line towards the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot(6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent(100%) screening of rear buildings from the collector or minor arterial street. (E) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: Six feet(6') in height as specified by the American Association of Nurserymen, except for the true dwarf varieties. (b)Ground cover plants: Crowns, plugs, containers, in a number as appropriate by species to provide fifty percent(50%)surface coverage after one growing season.The species must I provide seventy five(75%)to one hundred percent(100%)surface coverage after two(2) growing seasons. (c) Medium and large deciduous shade trees: Two inch(2")caliper, as measured six inches(6") above the ground as specified by the American Association of Nurserymen. (d) Shrubs(deciduous and evergreen, including spreader and globe tree forms): Twelve(12")to eighteen inches(18") in height. (e) Small deciduous or ornamental trees: Minimum caliper of one and one-half inches(11/2") as specified by the American Association of Nurserymen, except for the true dwarf varieties. (f) Sod: As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g)Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches(18") into the ground. Fill the hole with water and if after eighteen(18)hours the hole still retains the water,the soil is determined to be too poor for planting. 3. Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two(2) possible remedies are recommended. The first remedy is to install a ten foot(10')wide raised planting bed in order to provide acceptable planting soil.The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches(2")above the ball. The bed must be covered with four inches(4")of mulch to provide for moisture retention.A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five (5)times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (Ord. 002-469, 2-19-2002) (F) Lot Frontage Tree And Boulevard Tree Species-Te-Pre-Planted: 1. ! - . - . t:. . . -• : •• . _ . . • . - •- . frontage and boulevard tree species fer Fafreington, Minncset-a.No species other than those -• • . . . • .. • . . . In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees: Ginkgo(female only) Box elder Silver male Ash species Non-disease-resistant elm species Non-hybrid cottonwood species Evergreens In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees: Box elder Silver masle Ash species Non-disease-resistant elm s.ecies Non-h brid cottonwood seecies (a)Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on city approved boulevard tree routes. The only exception would be if an agreement is made with a homeowners'association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. _2.Allowable Lot Frontage Tree And Boulevard Tree Species: Linden American Greenspire Redmond— Maple r- Crimson king Deworm, Schwcdler Emerald lustre Emerald queen Green mountain r -- Norway Oak Northern red Pin amp- Other I _ Imperial honey locust Regal elm Trees approved by city staff (a) Spacing For Lot Frontage And Boulevard Trees: (1) Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet(40')of lot frontage or one tree per lot if forty feet(40')is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract. Special planting designs for lot frontage trees need to be approved by the planning division. (2)Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet(40')of boulevard frontage or one tree per boulevard frontage if forty feet(40') is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Location For Lot Frontage And Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet(8')from the front property line and shall be installed in a parallel line to the front lot line. (2)Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks,trails, or pavement shall be no closer than four feet(4'). (c) Distance From Street Corners And Fire Hydrants: No lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection,down the front curb lines or edge or intersecting streets thirty feet(30'),and connecting their end points with a straight line.No lot frontage tree,boulevard tree, or replacement tree shall be planted closer than ten feet(10') from any fire hydrant. (d)Utilities: No lot frontage tree, boulevard tree, or replacement tree may be planted within ten (10) lateral feet of any underground water line or sewer line(sanitary or storm)and two feet (2')from any other underground utility. Gopher State One shall be called to request locations of utilities. (G)Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a) Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues,or ways within the city. (b)Replacement Of Trees: (1)The city shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes. _(2)The owner of any lot of record existing on the original adoption date of this chapter may, at his or her own risk, replace a dead boulevard tree with a new tree to be planted on the boulevard,provided the location of the new tree is not within ten(10)lateral feet of any (3)(2)The owner of any lot that is not part of a lot of record - • • •- . •_• . ..-. •. date of this chapter may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet(8') from the property line in front yard drainage and utility easements. (c)Trimming Requirements: The city will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property,they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. (d)Responsibility For Maintenance Of Trees: (1)The city will inspect and trim boulevard trees. (2)The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e)Height Standards: Trimming height standards must maintain a ten foot(10')clearance above any walkway and fourteen feet(14')above the roadway. These requirements provide clearance for walkers, snow removal equipment and solid waste vehicles. (f) Brush From Pruning: The city will not collect any brush resulting from pruning or removal of trees or brush from private property. (g)Emergency Collection Of Brush: An emergency brush situation would occur when the public safety officer declares one to exist.Then and only then will the city collect brush generated by residents on private property, as a onetime emergency service. (Ord. 008-582, 5-5-2008) (H)Tree Topping: 1. It shall be unlawful as a normal practice for any person to top any street tree,park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches(3")in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes,or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (Ord. 006-563, 9-18-2006) (I)Pruning, Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet(10')above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (Ord. 002-469,2-19- 2002) (J) Dead Or Diseased Tree Removal On Private Property: 1. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7, chapter 6 of this code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the city. The natural resources division will notify, in writing,the owners of such trees. Removal shall be done by said owners at their own expense within sixty(60)days after the date of service of notice. In the event of failure of owners to comply with such provisions,the city shall have the authority to remove such trees and charge the cost of removal on the owners'property tax notices. (Ord. 006-563, 9-18-2006) (K) Removal Of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L)Tree Protection In Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations,movement and storage of equipment,and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the zoning officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches(4")or larger, measured at four and one-half feet(41/2')above the ground and all existing evergreen trees measuring five(5)vertical feet or more in height. 2. Replacement: If any of the trees required to bea etained or trees planted as part of the landscaping plan should die within a period of after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six (6) months at a ratio of one to one(1:1)with an approved tree having a minimum diameter of two inches (2") measured at a point six inches(6")above the natural grade. Shrubbery or other plantings which die within eighteen(18)months of completion of the activities shall be replaced in kind within six(6)months. (Ord. 002-469, 2-19-2002) (M)Overhead Utility Line Planting Requirements: 1. Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line,the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet(5')to ten feet(10')from the property line,the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species: The following guidelines must is a list of plant materials that might be considered when planting for use near overhead utility lines. This list is not all inclusive. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials. Shrubs(Maximum Of 15 Feet In Height) Plant under overhead lines Small Trees(Over 15 Feet, But Under 30 Feet In Height) Plant at least 15 feet from overhead utility line Medium Trees(30- 70 Feet In Height) Plant at least 35 feet from overhead utility line Large Trees(Over 70 Feet In Height) Plant at least 45 feet from overhead utility line Shrubs(Maximum Of 15 Feet In Height) Plant under overhead lines Althea(rose of Sharon) Barberry Boxwood Flowering almond Forsythia Honeysuckle Lilac Ornamental grasses Potentilla Spireas Spreading junipers Viburnums Small Trees(Over 15 Feet, But Under 30 Feet In Height) Plant at least 15 feet from overhead utility line Amur maple Crab apples Dogwoods u,. .•«rru�wzivrirr Japanese tree lilac Redbud Scrvicebcrry Weeping-mulberry— Medium Trees(30 70 Feet In Height) Plant at least 35 feet from overhead utility line Bald cypress Black gum Goldenrain tree Lindens Oaks(sawtooth, English) Pears(aristocrat,chanticlear) River birch Spruce Large Trees(Over 70 Feet In Height) . . . -- . • . .. . • -- Basswood Ginkgo Hackbcrry Honey locust Kentucky coffectrec Oaks(burr, red, pin) Red pinc Tulip poplar White-pine— (Ord. 008-589, 10-20-2008) (N)Landscape Guarantee: 1. Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan,the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. 3. Completion Or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 002-469, 2-19-2002) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 6th day of September 2016, by the City Council of the city of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By:Cek---` C David McK , Administrator SEAL Approved as to form thec. day of , 2016 By: '' :2—e City Attorn Summary published in the Farmington Independent the /5" day of2016. CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.016-716 AN ORDINANCE AMENDING SECTION 10-6-10 OF IHE FARMINGTON CITY CODE AS IT RELATES TO LOT FRONTAGE AND BOULEVARD TREE REQUIREMENTS NOTICE IS HEREBY GIVEN that, on September 6, 2016, Ordinance No. 016-716 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._016- 716,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that Section 10-6-10 of the city's Zoning Ordinance is being amended to list the trees that are prohibited from being planted as boulevard trees, removing the list of allowable lot frontage and boulevard tree species, removes the language that property owners can replace (at their own risk) a dead boulevard tree with a new tree in the boulevard and removing the list of acceptable shrubs and trees that can be placed under overhead utility lines and replacing it with standards for size of trees/shrubs and the required setback for those trees and shrubs based on height of the trees/shrubs. A printed copy of the whole ordinance is available for inspection by any person during the city's regular office hours. The ordinance is also available on the city's internet homepage. APPROVED FOR PUBLICATION BY THE City Council of the city of Farmington this 6th day of September,2016. CITY OF FARMINGTON BY � Todd Larson,Mayor ATTEST: r ,� By: (1i,.' l� David Mc • , City Administrator Approved as to form this d day of4der ,2016. By: Ci.„,e2Le ity Atto Published in the Farmington Independent the /,S44 day of ,2016. 411kRMis, City of Farmington y430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' .,,pa ', www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Farmington Bakery Community Development Block Grant Commercial Rehabilitation Grant Amendment-Community Development DATE: September 6, 2016 INTRODUCTION Staff has received a request from David and Gina King, Sweet Advantage Inc. dba Farmington Bakery to amend their Commercial Rehabilitation Grant Program contract to extend the timeline and to cover additional improvements needed at the building they own in downtown Farmington(212 Oak Street). Staff has reviewed the request in coordination with the building official and the Dakota County Community Development Agency and recommends approval of a$10,225 grant amendment for necessary improvements to eliminate conditions detrimental to public health and safety. The extension request was granted administratively, and the Economic Development Authority(EDA)reviewed and recommended approval of the amendment at their meeting on August 25, 2016. DISCUSSION Last August the EDA recommended, and the city council approved a Commercial Rehabilitation Grant for the Farmington Bakery to make improvements to their building in the amount of$13,250.As the improvements were being made, it was noted that there were additional issues with the building creating moisture and ventilation issues. The grant amendment will cover roof venting and repair, additional insulation, interior ventilation improvements, and repair and cleaning of the new stucco. Matching dollars will be provided for additional roof repairs and other related improvements.A cost breakdown is attached for review. Previous renovations made with the initial grant include several health and safety building findings including, replacement of an unsafe roof overhang, replacement of rotted/leaking windows, replacement of rotted and degraded stucco and trim due to water intrusion, an ADA accessible door, and interior ADA accessible counter space. If approved this will bring the total grant amount to $23,475($13,250+$10,225)which is still below the maximum award of$35,000 outlined in the program application. This will also mean a matching investment of at least the same amount into this downtown building. This program has been very successful in Farmington over the past several years, and encourages local building/business owners to reinvest in public health and safety improvements in Farmington. A program summary is below: Grant funds may be available to assist local businesses and/or property owners who are making qualified improvements to eligible commercial properties that eliminate conditions that are detrimental to public health and safety. The following are examples of qualified improvements:correcting code violations, code improvements, and the correction of handicap accessibility issues. The intent of the grant program is to prevent the deterioration of commercial structures and discourage blight, encourage projects that correct code violations and to eliminate accessibility restrictions. Requirements of the program include,but are not limited to the following: • Applicant providing a 1:1 dollar match • Competitive bidding • Davis-Bacon Wage Act(payment of prevailing wages to contractors) BUDGET IMPACT $10,225 from the Farmington Community Development Block Grant Program fund balance. ACTION REQUESTED Approve the attached CDBG Commercial Rehabilitation Grant amendment for the Farmington Bakery building in the amount of$10,225 funding the improvements outlined above. ATTACHMENTS: Type Description © Backup Material Farmington Bakery Grant Agreement 2015 © Backup Material Farmington Bakery Additional Improvements Construction Breakdown © Backup Material Grant Extension Request i Contract Farmington Bakery Grant Amendment No. 1 City of Farmington Commercial Rehabilitation Grant Program Grant Agreement . This agreement is made and entered into this?clay of 2015,by and between David and Gina King,Sweet Advantage Inc.dba Farmington akery at 212 Oak Street, Farmington,Minnesota(hereinafter referred to as"Grantee")and the City of Farmington,a ',A4 public body corporate and politic,having its principal offices at 430 Third Street,Farmington, i Minnesota(hereinafter referred to as"Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program;and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to public health and safety;and WHEREAS,the Grantee has applied for Commercial Rehabilitation Grant funds to make façade repairs,replace windows,front door,and make ADA accessibility improvements at 212 Oak Street Farmington,Minnesota;and WHEREAS,the Grantee has requested funding to assist with public health and safety improvements to the building;and =.. WHEREAS,the Grantor has reviewed the Grantee's application and determined that the '44. proposed rehabilitation project eliminates specific conditions detrimental to public health and safety. NOW THEREFORE,in consideration of the Grant and the mutual covenants contained herein, the parties agree as follows: 1. The Grantor agrees to provide a maximum of$13,250(thirteen thousand two hundred and fifty dollars)in CDBG funds to the Grantee for replacing an unsafe roof overhang, replacing rotted/leaking windows,replacing rotted and degraded stucco and trim due to water intrusion,Iack of an ADA accessible door,and lack of interior ADA accessible counter space(the"Project")to eliminate conditions detrimental to public health and safety. 2. The Grantee agrees to use the proceeds of the Grant solely for façade repairs,windows, front door,and ADA accessibility improvements outlined above. 3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all work to be done as part of the Project. 4. The Project shall be completed in a timely manner and all Grant funds must be used within one year from the date of the grant agreement("End Date"). The End Date may be extended beyond the original End Date up to one year,upon written approval of the Grantor. I 1 as may be necessary after written notice from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the Grantee to reimburse the Grantor CDBG funds,plus any expense incurred by the Grantor to include,but not necessarily be limited to,administrative and legal expenses and any investment of CDBG funds. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANT{: CITY OF FARMINGTON • DAVID AND GINA KING 4111111!. rBY• t : / _rc i/ ITS: ( ei\ • • 3 ATTACHMENT A PROVISIONS FOR CDBG FUNDED CONTRACTS I. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.) During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to,the following:employment,upgrading,demotion, or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion,sex, or national origin. Such action shall include,but not be limited to the following:employment,upgrading, demotion,or transfer;recruitment,or recruitment advertising;layoff or termination,rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. • (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'representatives of the contractor's commitment under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D)The contractor will comply with all provisions of Executive Order 11246 of September 24,1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. 4 • (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor, or as otherwise provided by law. (0)The contractor will include the provisions of the sentence immediately preceding paragraph (A)and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions,including sanctions for ribn-compliance. Provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department,the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A)The Offer's or Bidder's attention is called to the"Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (B) The goals and timetables far minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall • Timetables: N/A • These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41-CFR 60-4.3 (a),and its efforts • to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each • trade,and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regulations in 41 Cl'R Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor;employer identification number;estimated dollar 5 • amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. (D)As used in this Notice,and in the contract resulting form this solicitation,the"Covered Area"is Dakota County,Minnesota. 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A)As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; (3) "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. (4) "Minority"includes: (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East;Southeast Asia,the Indian Subcontinent,or the Pacific Islands):and • (d) American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor,or any subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables)shall be in accordance with that for those trades which • have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D)The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,nor the regulations promulgated pursuant thereto. 6 • (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. (G)The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment,intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each • minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and Bale students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs.Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training•by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do so under 41 C'k'lt part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations[(G)(1)through(16)]. The efforts of a contractor association,joint contractor-union,contractor-community,or other similar groups of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (1) A single goal for minorities and a separate single goal for women have been established. The Contractor,however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 8 (K)The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor,in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph(Cl)of These specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 604.8. (N)The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name,address,telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number,race, sex, status (e.g.,mechanic, apprentice trainee, helper, or laborer), dates of changes in status,hours worked per week in the indicated trade,rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0)Nothing herein provided shall be constructed as a limitation upon The application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under Their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped—Affirmative Action for Handicapped Workers (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following; employment,upgrading, demotion or transfer,recruitment, advertising,layoff or termination,rates of pay or other forms of compensation,and selection for training,including apprenticeship. • 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. • 4. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through 9 the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each Iabor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is cnmmitted to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase • order of$ 2,500 or more unless exempted by rules,regulations, or orders of the Secretary issued pursuant to Section 503 of the Act,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A)The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and'veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and . selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract,including those not generated by this contract and including those occurring at an establishment of the Contractor other then the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants,and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non- discrimination in employment. • (D)The reports required by paragraph(B)of this clause shall include,but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in.a State,with the central office of the State employment service. Such reports shall indicate for each hiring location(1) the number of individuals hired during the reporting period, (2) the number of non- disabled veterans of the Vietnam era hired, (3)the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period 10 wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year alter final payment under the contraot,during which these reports and related documentation shall be made available,upon request,for examination by any authorized representatives of the'contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings,recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each,State where it has establishments of the name and location of each hiring location in the State. As long as • the Contractor is contractually bound to these provisions and has so advised the State system,there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia,Puerto Rico,Guam and the Virgin Islands. (G)The provision of paragraphs(B),(C),(D),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings"includes,but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative,and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration,and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing,including such situations where the needs of the Government cannot reasonably be otherwise supplied,where listing would be contrary to national security,or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system"means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" • means employment openings for which no consideration will be given to persons outside the Contractor's organization(including any affiliates,subsidiaries,and the parent companies)and includes any openings which the Contractor proposes to fill from regularly established"recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement"means employment opening.which the Contractor proposes to fill from union halls,which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the act. 11 (K)The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor • is bound by the terms of the Vietnam Bra Veterans Readjustment Assistance Act,and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$10,000 or more unless exempted by rules,regulation,or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director.of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. E. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color,national origin, or sex be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training.Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area ofthe project. - 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR,Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding,if any,a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will,at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFRPart 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract,shall be a condition of the Federal financial assistance provided to the project, 12 • binding upon the applicant or recipient for such assistance,its successors and assigns. Failure to fulfill these requirements shall subject the applicant-or recipient, its contractors and 'subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are'specified by 24 CFR Part 135. H. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) A. During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. B. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following. 1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract,is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean • Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry,reports and information,as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director,Office of Federal Activities,EPA,indicating that a facility utilized,or to be utili'ed for the contract,is under consideration to be listed on the EPA List of Violating Facilities. . 4. Agreement by the Contractor that he will include,or rause to be included,the criteria and requirements in paragraph(1)through(4)of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. HI. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belie that: • 13 A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, `Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under • grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. • • 14 http://www.wdol.gov/wdolkoafilesidavisbacon/MN34.dvb?v=4 General Decision Number: MN150034 07/17/2015 MN34 • Superseded General Decision Number: MN20140034 - State: Minnesota Construction Type: Building County: Dakota County in Minnesota. BUILDING CONSTRUCTION PROJECTS (does not include single family • homes or apartments up to and including 4 stories) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/27/2015 2 05/22/2015 3 06/12/2015 4 07/17/2015 * ASBE0034-009 06/01/2015 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems) $ 34.37 28.68 B01L0647-007 01/01/2013 Rates Fringes BOILERMAKER $ 32.40 25.37 • * BRMN0001-049 05/01/2015 Rates Fringes TILE SETTER $ 29.30 20.39 BRMN0008-013 05/01/2014 • Rates Fringes BRICKLAYER $ 34.62 15.99 • • 1 of 8 7/28/2015 8:20 AM • http://www.wdol.govIvgdoWsoaftles/davisbacon/M1\134.dvb?v=4 CARP0068-002 06/01/2009 Rates Fringes LATHER $ 33.04 14.87 CARP0322-004 05/01/2009 Rates Fringes CARPENTER (Including Acoustical Installation, Drywall Hanging & Form Work) Non Wood Frame Construction.$ 31.79 16.10 Wood Frame Construction $ 28.83 8.92 1T.RC0.110-013 07/01/2014 Rates Fringes ELECTRICIAN (Low Voltage, including wiring for Alarms) Installer $ 24.67 11.78+a+b Technician (Installation of Controller) $ 35.24 11.91+a+b FOOTNOTES: a. 1 year service - 5 days paid vacation; 2 years service - 10 days paid vacation; 5 years service - 12 days paid vacation; 7 years service -- 14 days paid vacation; 9 years service - 16 days paid vacation; 11 years service - 18 days paid vacation; 12 years service - 20 days paid vacation b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of July; Labor Day;• Thanksgiving Day; Day after Thanksgiving; the normal work day preceding Christmas Day; & Christmas Day ELEC0110-014 05/01/2014 Rates Fringes ELECTRICIAN $ 37.28 25.33 ELEV0009--002 01/01/2015 Rates Fringes ELEVATOR MECHANIC $ 44.93 28.385 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0049-042 05/01/2015 • 2 of 8 7/28/2015 8:20 AM http://www.wdol.gov/wdoliscafiles/davisbacon/MN34.dvb? 4 Rates Fringes OPERATOR: Power Equipment GROUP 1 $ 37.74 17.15 GROUP 2 $ 37.40 17.15 GROUP 3 $ 35.99 17.15 GROUP 4 $ 35.65 17.15 • GROUP 5 $ 35.48 17.15 GROUP 6 $ 33.97 17.15 GROUP 7 $ 32.85 17.15 GROUP 8 $ 30.84 17.15 POWER EQUIPMENT OPERATOR CLASSIFICATIONS • GROUP 1: Truck & Crawler Crane with 200' of Boom & Over, including Jib ($.50 premium with 300' of Boom & over, including jib); & Tower Crane 250' & Over. GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but not including 200' of Boom, including Jib; & Tower Crane 200' & Over. - GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to but not including 150' of Boom, including Jib; Tower Crane (Stationary) up to 200'; All-Terrain Vehicle Crane, Boom Truck over 100 ft, Dragline. GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more); Overhead Crane (inside building perimeter), Excavator. GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill, Forklift, Compressor 450 CFM or over (2 or more machines); Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or 2 drums); Mechanic, Milling Machine, Roller, Scraper, Tractor over 02. • GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor D2 or similar size. GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self Propelled Vibrating Packer. GROUP 8: Oiler, Greaser (Tractor/Truck) . IRON0512-002 05/01/2015 • Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING, AND STRUCTURAL $ 35.50 23.45 LAB00132-006 01/01/2012 • Rates Fringes LABORER (ASBESTOS ABATEMENT) Removal from Floors, Walls & Ceilings $ 27.33 14.94 LAB00132-023 05/01/2012 • 3 of8 7/28/2015 8:20 AM hietp://www.wdol.govIvidol/srafiles/davisbacon/MN34.dvb?v=4 Rates Fringes LABORER Group 1 $ 28.46 15.82 Group 2 $ 28.96 15.82 LABORERS CLASSIFICATIONS GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt Shoveler, Carpenter Tender, Concrete Saw, Form Stripping, Mason Tender (Brick, Cement/Concrete), Plaster Tender, Scaffold Builder (Brick and Masonry), Top'Person, Vibrating Plate • GROUP 2 - Pipelayer, Bottom Person PAIN0061--007 05/01/2014 Rates Fringes Drywall Finisher/Taper $ 32.18 18.01 Sander $ 24.14 18.01 PAINTER Brush, Roller $ 33.17 18.17 • Spray $ 33.17 18.17 PAIN1324-006 06/01/2012 Rates Fringes GLAZIER $ 35.69 13.95 PLAS0265-005 06/01/2014 Rates Fringes PLASTERER $ 30.02 19.62 PLAS0633--054 05/01/2012 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 32.39 16.60 PLUM0034-011 05/01/2013 Rates Fringes PLUMBER (Excluding HVAC Pipe Installation) $ 39.99 20.81 FOOTNOTE: Paid Holiday: Labor Day PLUM0417-003 06/01/2013 Rates Fringes SPRINKLER FITTER (Fire) $ 40.08 21.00 4 of 87/28/2015 8:20 AM hi#p://www.wdol.gov/wdollscafiles/davisbaconlMN34.dvb?v=4 FOOTNOTE: Paid Holidays: Memorial Day; July 4th; Friday before Labor Day; Labor Day; Columbus Day; & Thanksgiving Day PLU140455--012 05/01/2013 Rates Fringes PIPEFITTER $ 39.98 23.18 R00F0096-022 05/01/2015 Rates Fringes • ROOFER $ 35.41 15.33 FOOTNOTE: Paid Holiday - Labor Day SHEE0010-052 05/01/2009 Rates Fringes SHEET METAL WORKER (Including HVAC Duct and System Installation) $ 38.46 18.34 FOOTNOTE: Paid Holiday: Labor Day TEAM0346-005 05/01/2015 ' ' Rates Fringes TRUCK DRIVER 2-Axle Dump Truck $ 26.40 14.45 3-Axle Dump Truck $ 26.65 14.45 SUMN2009--043 07/27/2009 • Rates Fringes INSTALLER - SIGN $ 20.32 5.05 LABORER: Landscape • $ 12.88 4.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . • • 5 of 8 7/28/2015 8:20 AM • http://www.wdol.gov/wdolkoafiles/davisbacon/MN34.dvb?v=4 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing • this classification and rate. Survey Rate Identifiers • • Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates •and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OR-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of • 6 of 8 7/28/2015 8:20 AM http://www wdol.gov/wdoJscafilesldavisbacon/MN34.dvb?v=4 each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. • WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the • Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage .and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: . Wage and Hour Administrator U.S. Department of Labor • 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. • 7 of 8 7/28/2015 8:20 AM http://www.wdoLgov/wdol/scafiles/davisbaoon/IvIN34.dvb?v=4 END OF GENERAL DECISION • • • • 8 of 8 7/28/2015 8:20 AM .. 3 { , 1 } Federal-Labor Standards Provisions 114.Department of'Housing and Urban Development .. Office.of Labor Relations A't pilcabIllty (1) The work to be performed by the classification • The Project or.Program td which the donitruotion work requested is not performed by a dies'siflcation in the wage covered by this contract pertains IS-being assisted by the determination;and United Stales bf America and the following Federal Labor (2) The classification is utilized In the area by the Standards Provisiena are Included In •this Contract construction industry:ens1 pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. - fringe benefits, bears a •reasonable relationship to the A. 1. (I) Minimum Wagon. All laborers ehd mechanics wage Fates contained its the'wagedelerrnlnation. employed or working upon the site of the work',will be paid (b) if-the contractor and the laborers and mechanics to be Unconditionally and not less often than once a week, end employed In -the classification (If known), or their Without subsequent deduction or rebate pn any account representatives, and HUp or Its designee agree on the (except such payroll deduction's ea are permitted by classification and wage .tate (including the amount regulations. Issued by the' Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Adt (20 CFR Part 3), the full amount of viaaes of the action taken shall be sent by HUD or(fs.deslgnee to and bona fide fringe benefits (or cash'equlvefenfs thereof) the Administrator or the Wageand Meta Division,• due•at time of payment computed at rates not less than Employment Standards Administration, U.S, Department of those contained in the wage determination of the Secretary of Labor which is attached hereto and made a Labor,thor Washington, D.C. 20210i The Administrator, , sir authorized representative, Will approve, modify, or part hereof, regardless of any cpntraelual relationship disapprove every additional classification action Within 30 which may be alleged to exist between the contractor and days of receipt•and so advise HUD or its'*designee or will such laborers and mechanics. Centributiohs made or notify HUD or Its designee Within the 30-day period that costs reasonably anticipated,for bone fide fringe benefits additional time Is necessary. (Approved by the Office of Under'Section I(b)(2) of the Dayis-spoon Mt on behalf of Management and Budget under 17MS control number 12't6= laborers or Mechanics are considered wages paid to such 0140.) laborers or mechanics,.subject to the provisions of 29'CFR 6.6(e)(1)(iv); also, regular contributions- made or posts (c) In the event the contractor,the laborers or mechanics • toincurred for more than a weekly period (but not leas often representatives,be employed In the Classification or their than quarterly) under plans, funds, or programs, which and HUD or Its designee do not agree on cover the particular weakly period, are deemed .to be the proposed atedfocation and wage rate (including the constructively made or Incurred during such weekly period, amount designated for fringe benefits,where appropriate). HUD or its designee 'shall-refer the questions, Including Such laborers and mechanics-shall be paid the-appropriate the Views of ail interested parties and the reoom'mendatlon wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of Work actually"performed, without determination. -The Administrator, or an auttidrized regard to skill, except as provided in 29 CFR '6.5(e)(4). representative,will!slue a determination within 30 days of Laborers or mechanics perfdrming work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee Within the 30-day period that each classification for the time actually Worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records aocuratety Management and pudget under OMB Control Number set forth the time spent in each ciaeslfl'oatton In Which_ 1216-0140.) work is performed. The wage determination'(Including any (d) The wage rate (including fringe benefits where additional classification and wage rates conformed under appropriate) determined -pursuant to subparagraphs 29 CFR 5.5(a)(1)(11) and the Devls-sacon poster (WH- s (1)(ll)(b) er (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and workers performing work in the classification under this contract from the'first day op which work Is performed in ao0ss1bie, place Where it can be easily seen by the the classification. workers. f) (a) Any class of laborers or mechanics which I,s not (til) Whenever the minimum wage rate prescribed in the (i fisted In the wage deb rnilnatiesn and Which is to be contract for a class of laborers or mechanics includes a employed antler the contract shat[ be classified !n fringe benefit which is not expretised as an hourly rate,the conformance with the wage detehellatlon. HUD shall contractor shall either pay the benefit as stated in the • approve an additional classification and wage rate and wage dor'-an hourlyation or shall pay another bona lido fringe fringe benefits therefor only when the following criteria benefit or an cash equivalent thereof, have been met: (iv) if the contractor•does not make payments to a trustee or other-third person, the contractor may consider es part form HUD-4010(00/2009) Previous editions are obsolete Page 1 of 6 ret Handbook 1344.1 • 5 i • of the wages of any laborer or mechanic the amount of any cgmmunicated in wiiting to the labotars or mechanics costs reaaonabiy anticipated in providing bone fide fringe affected, and records which show the costs anticipated or benefits under a plan or program. Provided, That the the actual cost incurred In providing such benefits, Secretary of Labor has found, upgn the'written request of Contractors employing app:entices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain.written evidence of the Bacon Mt have been met. The Secretary Of Labor may registration of apprenticeship programs and dertlileati'on of ; require the contractor to 'set aside In .a separate account trainee programs. the registra_tign of the apprentices and f assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed In the i program. (Approved by the Office of Management and applicable programs. (Approved by the 'Office 61 Budget Under OMB Centro!Number 12'16-0140.) Management and Budget Under OMB Control Numbers 2. Withholding. HUD Or its designee snap upon Its own 1216-0140 and 1216-0017) i action -or upon written request of an authorized (li) (a) The contractor shall submit Weekly for each week I representative of the. Department of Labor -withhold or in which any contract work is pertained a Copy Of all cause to be withheld from 'the ,contractor under this -payrolls to HUD or Its designee if the agency is a party_ to i contract or any other Federal contract.with the'same prime the contract, but if the agency is not such a party,, the contractor; or any other Federally-assisted contract contractor will submit the payrolls Lo the applicant ' :subject to Davis-Bacon prevailing wage requirements, sponsor,or.owner,as the case may be,for transmission to f which Is held by the same-prime contractor so much of the HUD or its designee. 'The payrolls submitted shalt set out accru-ed payments or advances as may be cpnsidered accurately And Completely all of the information required nedessery to pay laborers and mechanics, including to be maintained under 29 CFR 6.5(a)(3)(i)except that full i apprentices, trainees and helpers, employed by the _social security numbers and home addresses atlalt not be t contractor or any subcontractor the full amount of wages included on weekly transmittals. instead the payrolls shall required by the contract in the event of•fallure to pay any' only need to inclUde an.individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e:g.,the last four digits of the employee's helper.employed or working on the site of the wink,all•or social security number). The required weekly payroll l part of the wages required by the contract, HUp or its information May be submitted in any form desired.. designee may, after Written hence to the contractor, Optional Form'WH-347 16 available for this purpose from ri sponsor, applicant, or owner, take-such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further bttp//Wwiskdol.oov/esa/whd/forms/wh347lnstr.htm or its t payment, advance, or pupragtee of funds until such successor.site. The prime contractor is responsible for 3. violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the ceritractor, disburse such •amounts Contractors •and subcontractors shall maintain the full Withheld for and on account of the contractor or social security number and current address of each •subochtrsetor to the respeotive.employees to whom they covered worker, and shall provide them upgn request to are due. The (lomptrciler General shall make such HUD or its designee if the agency is a party to the disbursements in the case -of direct Davis-Baden Act contract, but if the agency Is not such a party, the contracts. .contractor will -submit the payrolls to the applicant 3. (I) Payrolls and basic records. Payrolls end basic sponsor,or owner, as the case may be,for transmission to s records relating thereto shall be maintained by the HUD or its designee,the contractor:or the Wage and Hour contractor during the Course of the work preserved for a Division of the Department of'Labor for purposes Of an period of three years thereafter for All laborers and Inveetlgelion or audit of compliance with prevailing wage mechanics working at:the site of the work. Such records requirements. Itis not a violation of this subppragraphfor shall contain ,the barite, address, and social security a prime contractor to require a subcontractor to provide d social e addrsses anal security numbers to the prime number of each such worker, hie of her coriecl , classification, hourly rates of wage; paid (including rates contractor for its own records,without weekly submission Of oontrlbullens or costs anticipated fot bona-fide fringe to 'HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number I • to Section I(b)(2)(B) of the Davis-bacon Act), daily and 12150149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by e actual'wages paid. Whenever the Secretary cf Labor has ' 'Statement of Compliance," signed by the contractor or found under 29 CFR 6.6 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in.providing•benefits under a plan. and shall certify the foilowing: or program described in'•Section'l(b)(2)(B) of the Davis- (1) Thal the payroll for the payroll period contains the l Bacon Act. the contractor shall maintain records which Information required 'to be provided under 29 CFR 5.6 show that the commitment to provide such benefits is (e)(3)(11), the appropriate Information is being maintained t enforceable, that the plan er program is financially under 29 CFR 5,5(a)(3)(1), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are'Obsolete • form 1100.4010(0612009) I Page 2 of 5 ref.Handbook 1344.1 l l 1 (2) That eaoh laborer or mechaeic(Including eaoh helper, is not registered or otherwise:elnpidyed es stated a.boee; apprentice, and trainee) employed on The contract during shall be'paid not less than the applicable wage rate on the the payreil period has been paid the frill weekly wages Wage determination for the classification of work ecturely carried, wjthbut rebate, either directly or indirectly, and performed,. In eedltion,any apprentice performing work on • that no deductions have been made-either directly or the job site in efcess of the ratio permitted under the Indirectly from the full wages earned, other than registered program shall be paid not less than the 1. permissible deductions as set-forth to 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed% Where a contractor Is performing % than the applicable wage rates and fringe benefits or cash construction-on a project in a locaiiiy other than that in- equivalents for the classifidatien of work performed, as which its prOgratn.is registered, the ratios and wage rates .specified In the applicable wage determination (expressed in percentages of the Journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's 1 registered program shall;be observed. Every apprentice i (c) The wetfo suthe ort of a properly executed must be paid at not less than the rate specified in the WI-I-347 set forth on the reverse side of.Optional the registered'program for the apprentice's level of progress. WH-347 shell satisfy the requtrement'far submission of the empree'sed as a percentage of the Journeymen hourly rate ` *Statement Of Compliance° required by subparagraph g specified in the applidable Wage determination. A.3..{il)(b). ',4. Apprentices shah! be paid fringe benefits in accordance (d) The falsification.of any of the above certifications may with the provisions 'di the apprenticeship program. If the subject the contractor or supoontrepior to civil or criminal apprenticeship program does not specify fringe benefits, prosecution'iinder Section 1001 of Title 18 acid Section apprentices must be paid the full amount of fringe benefits 23f of Title 31 of the United States Code. listed on the wage determination for the applicable (til) The, contractor or eubcontraotpr hail make the classification. if the Administrator determines that a records required under•subparagraph, A.3.(t) available for different practice prevails for the applicable apprentice Inspection, copying, or transcription by authorized. -otaeslftoatloh,fringes Shell be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State, i Interview em{ilbyee's during working hours oh the Job. if APprentioeehip Agencii recognized by the Office, the contractor or subcontractor falls to submit the.required withdraws approval 'of an apprenticeship program, the regards or to make them available, HUD or its designee contractor will no longer be permitted to utilize 'nay, after Written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant-or owner, take such action as may be necessary 'for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. dr guarantee of fund's. Furthermore, failure to submit the (Il) Trainees. Except as provided In 29 CFR 6.16, required records upon request or to make such records trainees will not be permitted to work at lass than the - ;; available may be grounds for debarment actionpursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ",to and individeeliy registered in a 4. Apprentices and Trainees. program which has received prior apprdval, eSidended by (I) Appreptices. Apprentices will be permitted to work at formal certification by the U.S: Department of Labor, less than the predetermined rate for the work they Employment and Training Administretlon, The ratio of performed when they are employed pursuant to and trainees to Journeymen op the Job Site shall not be greater individually registered In a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Depertrhent of Labor, Employment and Training Administration. Every,trainee Employment and Training Administration, Oijice of must be 'paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprent(oeatiip Agency recognized by the expressed as•a percentage of-the journeyman hpuriy rate a Office, or if a person is employed in his or her first 90 specified In the applicable Wage determination. Trainees shall be paid fringe benefits in accordance with the days of probationary employment as an apprentice in such provisions of the trainee program.. If the trainee program an apprenticeship program, Who is not individually registered in the program, but Who has Eisen certified by does not mention fringe benefits, trainees shalt be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage ServlaeH or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate)to be eligible for.prbbatlonary employment as. Hour Winston determines that there is an.apprenticeship program .associated with the corresponding journeyman art'apprertllce. The allowable lit ratio craf of apprentices to wage rate on the wage determination Which provides for journeymen on the Job site in any craft classification shall li leas than full fringe benefits for apprentices. Any not be greater than the ratio-permitted to the contractor as { to the entire work force under the'registered program. Any employee listed on the payroll at a trainee rate who is not worker-ilsted ori a payroll at an apprentice wage rate,who registered and participating In a training plan approved by F Previous editions are obsolete form HUD-4810 gierzb09) Page 3 of 6 ref.Handbook 1344.1 i the Employment and Training Administration shall be paid, awarded HIED contracts or participate In HUD programs not less than the applicable wage rate on the wage pursuant to'24 CFR Part 24. determination for the work actually performed. In addition, { (ll) No part bf this i:cn'trdcf shall be subaantracted to any any trainee perforating work on the job site in excess of iersbn or firth ineligible for award bf a GoVernrhent• the ratio permitted under'the registered program shall be contract by.virtue of Section 3(a),of the Davis-Bacon Act paid not less,than the applicable wage rate on the wage or 29 ¢FR'5i.12(a).(1) or to be awarded HUD contracts or determinatlolr for the Work Actually performed. In the pprticipale In HUD programs pursuant to 24:CFR Part Z4. event the Employment and Training Administration lit) The penalty for making false statements is prescribed . withdraws approval of a training program, the contractor in she U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees.at less than U:S: Criminal Code, Seoiieri 1 01 0', Title 18, U.S.C., the appttc predetermined rata for the work performed ',Federal Housing Administration transactions°, provides in until an acceptable program is approved. part: "Whoever, for the purpose of . . . Intlueno{ng In-any (Ill) Equal employment opportunity. The utilization of way the action of such Adininistratlon.....:makes, utters or apprentices.trainees and journeymen under 29 CFR Part 6 publishes any statement knowing the same to be false shall be in. conformity with the equal employment shall be fined not more than $5,000 or imprisoned riot opportunity requireinehts of Executive Order 11246, as Marathon two years, or both." amended, and 29 CFR Part 00. 11. •Com'plalnts, Proceedings, or Testimony by 6.. Compliance with Copeland Act requirements. The - Employees. No laborer or mechanic to whom:the wage, pontrpctor shall comply with the requirements of 29 CFR salary,or other labor standards provisions of title Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in'any other manner 0. Subcontracts. The contractor or subcontractor will .discriminated against by the Contractor or any Insert in Any subcoritracts the ciause9 cohtalned In subcontraptor because such employee 'has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted Of caused to be Instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding• under or relating to the labor standards prevailing wage decision,and also a clause requiring the applicable under thIs Contract tohisemployer. sube'dntrdctors to Include these clauses in any lower tier B. 'Contract Work Hours and Safety Standards Act. The subcontracts. The.prime contractor shall be responsible provlsidns of this paragraph B are applicable where the amount of the for (tie compliance by en'y subcontractor or lower tier prime contract exceeds 5100,000. As.used in this paragraph.the subcontractor with all the contract clauses In this terms'laborers"and'"mechanics"•Include watchmen and guards. • paragrtapti: (1) Overtime requirements, No contractor or sub ontrector 7: Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 6.6 may be grounds for Involve the employment of laborers or mechanics shall require Or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a stiboontreclor aa, provided In 29 CFR individual Is employed on such work to work in excess of 40 hours In • 5.12. Such -workweek unless such laborer or mechardc receives 8. Compliance with Davis-Bacon,and Related Act Requirements. compensation at a rate not less than one end one-hal(times thebastc All relings and interpretations of the Davis-Bdcon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained In 29 CFR Parts 1. 3, and 6 are workweek herein Incorporated by reference in this contract (2) Vloldflon; liability for 'unpaid wages; liquidated 9. •Zllsputes concerning labor standards. Disputes damages. in the event of any Violation of the clause set arising out Of the labor standards provision's of this forth'in subparagraph (1) of this paragraph,the.contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this ebntract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and aecbrdence with 'the procedures of the Department of 'subcontractor shah be liable to the United States (in the Labor set forth in 29 CFR parts 6, 6, and 7. Disputes case of work done under contract for the District of • Within•the meaning of this clause include disputes between Columbia •or a territoy, to such District or to such the contractor (or any of its auboenttabtors):and HUD or territory), for liquidated damages. ,Such liquidated Its designee, 'the 'U.S. Department of Labor, or the damages shall be computed with respect to pooh Individual employees or their represeintatives. laborer or •mechanic, IncludIng watchmen' and guards, 10. (il Certification of Eligibility. By entering Into this employed in violation of the clause set forth in contract the oontraptor certifies that neither it (nor he or subparagraph (1) of this paragraph, In the sum of$10 for each She) nor any person or firm'who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without*merit awarded Government contracts.by virtue p1 Section.3(a)of of the overtime wages required lay the.clause set forth In sub the Davis-Bacon Act or 29 CFR 5.12(x)(1) or to be paragraph(1)of this paragraph. Previous editions are obsolete form HUD.4010(01112009) Page 4 o s ref:Handbook 1344.1 i i _ 1 13) Withholding for unpaid waged and liquidated damages. HUD or tie designee shall upon its own action •of=iipon written request of an authorized representative of the Department of Labor withhold or Cause to.be withheld, from any moneys payable on account of work performed by the contractor Or subcontractor under any such contract or any other Federal contract with the same-'rime contract, or any other Federally.aaslstad contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor su&slims as may be determined to be necessary to satisfy any liabilities•of such contractor or subcontractor for unpaid wages and •ii4U11dated damages as provided In the clause bet forth in subparagraph(2)of this paragraph. '(4) Subcontracts,_ The contractor or subcontractor shall Insert in arty subconttaots the clauses set forth In subparagraph (1)_through (4) of this paragraph and also a clause requiring the subcontractors to Include these clauses in any jower tier aubcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier'subcontractor•with the clauses set forth In subparagraphs (1) through (4) of this patragraph. C. Health end Safety. The,provisions of this paragraph C are appticablewhere the amount of the prime contract exceeds$100,000. 11.) No laborer or mechanic shall be required to.work In surroundings or under working conditions Which are unsanitary, hazardous, or dangerous to his health and safety as determined tinder construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Crintractor shall comply with all regulations Issued by the'Sdcretary of Lbbor pUrauan't to Title 29 Part 1926 and failure to comply may result In imposition of sanctions pursuant to the Contract Work Haurs and Safety Standards Act, (Public Law 91-54, 83 Stat 08). 40 USC, 3701 et seq. . (3) The contractor shall include the provtblons of this paragraph.in every.subcontraot so that Such provisions will be binding on each-subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary. of }lousing and urban 'Development or the Secretary of Labor shall direct as a means of enforcing such provisions. • Previous'editions are obsolete ' ' ' fonrrHUD-4010(0012009) Page 6 of 6 ref.Handbook 1344.1 1 Revised 10/7/94 STANDARD ASSURANCES 1. NON-AIiSCR1MINATkON. During the performance of this Contract, the Contrgctor shall not unlawfully discriminate against any employee or applicant for employment because of race,color,creed,cell ion,sex,national origin,disability,sexual orientation;age, marital status or public assistance status. The Contractor will take affrmative•setlon to ensure that Applicants are employed and:that employees are treated during employment without unlawful discrimination because of their race,color,creed;religion,sex,national origin,disability,sexual orientation,age,marital'status or public assistance.status. Such action shall include,but not be limited al the following einpleyment,upgrading, • demotion,or transfer,reotuitinent or recruitment advertising;Iayoff-or termination;rates of payor other forms of compensation;and selection.for training,Including.apprenticesliip. The Contractor agrees to past in conspicuous places,available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination-dtwse. The.Contractor Will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applldanfs will receive consideratipn for employment without regard to race, creed, color, religion, sex, national origin disability,Sexual orientation,age,marital statue,or public assistance status: No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor'sliail comply with any applieabie federal oh-state law'regarding non-dlscriinination. The following list includes,but is not meant to limit,laws which maybe applicable: • A. The Equal Employment Opportunity Act oT 1912, as amended, 42.U.S.C. §.2000e et eq. which prohibits discrimination in employment becatuse of race,color,,teligion,sex or•naiional origin.. B. pxecntivn Order 11246,as amended,which-is incorporated herein by reference,and prohibits discrimination by U.S.Government contractees and subcontractors because of race,.color,religidn,'selc Or national origin. C. The Rehabilitation Act of 1973,ns arnended,'29 U.S.C,§701 e.t.see.and 45 C.P.R.84:3(I)and(K)implementing Sec.504 of the Act which prohibits disofimlpation againdt Manfred handicapped persons in the access to or participation in federally-Folded.services or crttploynent, D. The Age-Discrimination in Employment Act of 1967,29 U.S.C:§621 e4;SQ.as amended,and-Mimi.Stat,§141.111,which•generally prohibit discrimination because of age. E. The-Equal Pay Act of4963,as amended,§29 U.S.C.§206,which provides that an employer may not discriminate on the basis of sex by paying employees of different sexes diffeicntly for the same work, F. !Minn:Stat.Ch.363,as amended,which generally prohibits discrimination because of race,color,creed,relight'',national origin,sex, marital status,status with regard.to public assistance,disability,sexual orientation or age, 3. Minn.Stat.$181.59-which prohibits discrimination against any person by reason of race,cleed,.or color iri any siate or political subdivision contract for materials,supplies or construction. Violation of this section 1st misdetheanor and any second or subsequent violation of these tetins maybe cause for forfeiture oral!sums due under the Contract. H. Atherians'with Disabilities Act of 1990,-42 U.S.C.§§12101 through 12213,47 U.S.C.§§225,611,with regulations at 29 CFA § 1630,which prohibits discrimlrtation against qualified individuals on the basis•of a disability in term,condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract ail data created,collected,received,stored,used,maintained,or disseminated by Contractor in the performance of this Contract is subject to the ttetluirerteerits of the Minnesota Government Data Practices Act,Mibi. Stat. Chapter 13 and the Minnesota Rules Implementing the Act now to force or hereafter adopted as well as Me Fedora!laws on data privacy,and Contractor-must comply with those requirements as if it were a governmental entity, The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public data to the public if the public'data are available from the governmental agency (CDA), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance requirements. 3, RECORDS DISCLOSURE/RETIE ION. Contractor's bonds,records,ddcummdnts,papers,accounting procedures'and practices, and other'evidences relevant lo this Cogtract are-abject to the eriamitiation,duplication,transcription and audit by the CDA and either the Legislative or State Auditor,pursuant to Minn.Stat.§16C.05,subd.5. such evidences are also subject to review by the Comptroller General of the United States,or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six(6)years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. 4. V1'ORI(ER k1EALT'H, SAFETY AND..RAIN1NO. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who May perform work in connection with.this Colitract. Contractor shall ensure all personnel of Contractor and`stihronteaefors are properly ttrttitiedand Supervised.and,when applicable,duly;licensed or certified appropriate to the tasks engaged in tinder this Contract. Each Contractor shall comply-with federal, state and local occupational safety and health standards,regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor. ri • 712212016 Quote 0000002 from NKN Construction LLC. NKN Construction LLC. QUOTE 1112 Sunnyside Dr. Farmington, MN 55024 Lic.# BC638653 Gina King Quote # 0000002 CDA Farmington Bakery Quote Date 07/20/2016 Item Description Unit Price Quantity Amount Product Roof Venting and Repair 4500.00 1.00 4,500.00 Product Insulation Sprayfoam and Additional Blown in 450.00 1.00 450.00 Product Repair Structural Roof Framing Damage 5000.00 1.00 5,000.00 h Product Reroof and Repitch Roof above Damaged Area 4000.00 1.00 4,000.00 Product Addition of Exhaust Hood Above The Dishwasher 5000.00 1.00 5,000.00 Product Repair and Clean New Stucco 1500.00 1.00 1,500.00 Subtotal 20,450.00 Total 20,450.00 Amount Paid 0.00 Quote $20,450.00 httpxwww.eynax.comlprintQuote.php 111 Adam Kienberger From: Gina King <simplygking@gmail.com> Sent: Tuesday,August 02,2016 11:24 AM To: Adam Kienberger Subject: Request for extension. Follow Up Flag: Follow up Flag Status: Flagged To whom it may concern, Due to unforeseen issues, I am formally requesting the extension of City of Farmington commercial rehabilitation Grant Program August 3, 2016(end date)to Aug 3, 2017. Thank you in advance for this consideration. David and Gina King, Sweet Advantage Inc. dba Farmington Bakery 212 oak street Farmington, MN. 55024 1 City of Farmington Commercial Rehabilitation Grant Program Grant Agreement Amendment No. 1 This amendment is made and entered into this_day of ,2016,by and between David and Gina King, Sweet Advantage Inc.dba Farmington Bakery at 212 Oak Street, Farmington,Minnesota(hereinafter referred to as"Grantee")and the City of Farmington,a public body corporate and politic,having its principal offices at 430 Third Street,Farmington, Minnesota(hereinafter referred to as"Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program;and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to public health and safety;and WHEREAS,the Grantee has requested additional funding to assist with public health and safety improvements to the building;and WHEREAS,the Grantor has reviewed the Grantee's request and determined that the proposed rehabilitation project eliminates specific conditions detrimental to public health and safety. NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties agree to amend the original grant agreement dated August 3,2015 as follows: 1. The Grantor agrees to provide an additional amount of$10,225(ten thousand two hundred and twenty-five dollars)in CDBG funds to the Grantee for roof venting and repair,additional insulation,interior ventilation improvements,and repair and cleaning of the new stucco.Matching dollars will be provided for related improvements to eliminate conditions detrimental to public health and safety. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANTEE: CITY OF FARMINGTON DAVID AND GINA KING BY: BY: ITS: ITS: 1 �oEEii,�� City of Farmington p 430 Third Street Farmington, Minnesota 'ga 651.280.6800 -Fax 651.280.6899 ' .,�„,�ns www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen, Fire Chief SUBJECT: Adopt a Resolution Declaring Surplus Property-Fire DATE: September 6, 2016 INTRODUCTION The Farmington Fire Department recommends that 19 traffic safety vests in various states of disrepair be declared surplus equipment. DISCUSSION As part of the continuing effort to organize and inventory tools and equipment assigned to the Farmington Fire Department,members have submitted 19 traffic safety vests of varying sizes and conditions of wear that are suitable for donation to other agencies or outright disposaL These items are torn, stained or otherwise ruined from years of wear and no longer suitable for Farmington Fire Department use. BUDGET IMPACT None. ACTION REQUESTED Adopt a resolution declaring 19 traffic safety vests as surplus and authorize the city administrator or his designee to donate or dispose of these items. ATTACHMENTS: Type Description c Cover Memo Resolution-Surplus Vests RESOLUTION NO. R62-16 DECLARING SURPLUS PROPERTY IN 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 September 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the Farmington Fire Department has recommended that 19 traffic safety vests in various states of disrepair be declared surplus; and WHEREAS, the city of Farmington seeks to follow recognized standards for the safety of firefighting personnel; NOW THEREFORE BE IT RESOLVED that, after due consideration,the Mayor and City Council of the city of Farmington, Minnesota, hereby declares 19 traffic safety vests as surplus equipment and authorizes the City Administrator or his designee to dispose of and/or donate said equipment. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 6th day of September 2016. Todd Larson, ayor Attested to on the -14-17 day of September 2016. McKnight, ' inistrator SEAL of ii, , City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 peos►aa ; www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen, Fire Chief SUBJECT: Adopt a Resolution Increasing Authorized Staffing Level in the Farmington Fire Department-Fire DATE: September 6,2016 INTRODUCTION Staff recommends an increase to the authorized staffing level of the Farmington Fire Department. DISCUSSION The Farmington Fire Department last had an increase of the authorized member strength in 2007 when staffing levels went from 48 to 50 members as the department responded to 230 emergency incidents. In 2015, the fire department responded to 720 emergency incidents, an increase of 213% from 2007 call levels. While currently authorized for 50 members,we have 45 today. This is not unique to Farmington. Our surrounding fire departments are also all below their allotted staffing levels. At any given time, fire department members may be on extended leaves of absence for military training and deployment,medical issues,on the job injury, or personal matters. Today, seven(7)members are on these types of extended leaves. Over the past year and a half we have raised the bar in the department and held our members to higher expectations in the area of callback, training,and community participation requirements. In a few occasions, we struggled to be able to staff certain events. Increasing the staffing levels will help us with these situations. Finally, Farmington is growing. The population levels continue to trend upward which means a continuing increase in call volumes. We will get busier,not slower. The population across the United States continues to age and this contributes to higher use of medical and rescue services. In addition, developments lice Hy-Vee and Trident will bring increased service demands to the department. Department representatives discussed this issue with the city council at the July 2016 work session and answered questions on this issue. BUDGET IMPACT For 2017 the cost is approximately$21,000.00. ACTION REQUESTED Approve and adopt a resolution increasing the authorized strength of the Farmington Fire Department from 50 to 60 members. ATTACHMENTS: Type Description Cover Memo Resolution Adopting Staffing Increase to FFD RESOLUTION NO. R63-16 AUTHORIZING AN INCREASE IN MEMBERSHIP TO THE FARMINGTON FIRE DEPARTMENT 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 September 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the Farmington Fire Department has not had an increase in the authorized strength of members since 2007; and WHEREAS,the Farmington Fire Department has seen a 213%increase in calls for emergency incidents between 2007 and 2015. NOW,THEREFORE,BE IT RESOLVED that, after due consideration,the Mayor and City Council of the city of Farmington, Minnesota, hereby authorizes an increase in fire department membership from 50 to 60 members. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of September 2016. ayor Attested to the 7 44 day of September 2016. 04„, . City Admnnstra or✓ SEAL 411tRik , City of Farmington 6.. co 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 r'is•A00°: www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve 2016-2017 Farmington High School Hockey Game Ice Rental Agreement- Parks DATE: September 6,2016 INTRODUCTION The city and Farmington School District(school district)have in the past approved a Farmington High School Game Ice Rental Agreement(agreement)for ice rental during high school boys and girls hockey games at Schmitz-Maki Arena(arena). The agreement identifies the hourly rental rate and the responsibilities of each entity during games. DISCUSSION The attached agreement has been revised to reflect the new hourly rental rate that went into effect on July 1, 2016 when the hourly rate increased from$210 to $220. In addition,the hourly rental charge was increased slightly to cover an increase in the staff costs during games due to the minimum wage increasing and the Park and Facilities Supervisor salary increasing.As a result the hourly game ice rental will increase from $323.75 an hour to $335.00 an hour when the Park and Facilities Supervisor works the game and will increase from$263.75 an hour to $275.00 an hour when the Park and Facilities Supervisor does not work during a game. The attached agreement continues to identify the city and School District's responsibilities during games. The attached agreement has been reviewed by Farmington School District staff and they have informed city staff they are in agreement with the revised terms and conditions. BUDGET IMPACT The school district's rental of the arena for high school games provides revenue for the arena. The total revenue received by the city will depend on the number of home games played during the regular high school season and during high school tournaments. ACTION REQUESTED Approve by motion the attached agreement with the school district for the rental of the arena for the Farmington High School boys and girls hockey games. ATTACHMENTS: Type Description a Contract Agreement Form �imitig, City of Farmington 4���� 430 Third Street ',,�r�" , Farmington,Minnesota .:411110�, 651.280.6800.Fax 651.280.6899 •A FRONIB ... www ci.farmington.rnmus FARMINGTON HIGH SCHOOL GAME ICE RENTAL AGREEMENT Independent School District No. 192(School District)and the City of Farmington(City)agree as follows: This Agreement covers the 2016-2017 school year. The School District hereby agrees to pay to the City$335.00 an hour for Farmington High School varsity and junior varsity games when the Park and Facilities Supervisor works during games and$275.00 an hour when the Parks and Facilities Supervisor does not work during games. Since the School District is tax exempt no taxes will be charged. The City agrees to allow the School District to keep 100%of the gross ticket proceeds from Farmington High School hockey games. In consideration of being allowed to use the Schmitz-Maki Arena(Arena),the School District,for itself and each of its members,hereby voluntarily assumes all risks of accident or damage to its property and to any person and property of said members and hereby releases and agrees to defend and indemnify the City,its officers and employees from every claim,liability or demand of any kind for or on account of any personal injury or damage of any kind sustained by it and each one of its members or guests,whether caused by negligence by the City,its officers or employees. The parties agree that the release,defense, and indemnification obligations of this Agreement are intended to be as broad and inclusive as is permitted by the laws of Minnesota. If any portion thereof is held invalid,it is further agreed that the balance shall,notwithstanding,continue in full legal force and effect. Further,the School District agrees that it and its members and guests using the Arena shall abide by all rules and regulations from time to time in effect governing the use thereof. It is understood that the City and the School District each reserves the right(1)to cancel this Agreement for any default by either party in terms of this Agreement and(2)to reschedule the dates or times of permitted use of said facilities on 20 days written notice. In the event of mechanical failure of the Arena's equipment,the School District shall be notified by the Arena staff as soon as possible. The condition of the ice sheet becomes the responsibility of the Arena staff. Prepaid fees for hours canceled due to mechanical failure shall be reimbursed to the School District. The School District shall receive a refund of the amount owed for ice rental when the following conditions apply: 1. When the School District has.declared school closed due to inclement weather or other emergency condition,Act of God/Force Majeure. 2. When the Minnesota State High School League curtails all practice times for any reason. All invoices or refunds due to the School District under this Agreement shall be sent directly to the School District's Business Office. The City shall provide and pay for the following: • One(1)scoreboard operator • One(1)announcer • One(1)penalty box gate operator The School District shall provide and pay for the following: • First-aid personnel • Game referees • Goal judges when deemed necessary by the Athletic Director • Admission personnel Concessions are provided by the Farmington Youth Hockey Association(FYHA). Scheduling and concession's staffing will be facilitated by FYHA.The School District agrees to inform both FYHA and the City about any concerns and/or issues it has with concessions. The School District shall be responsible for notifying their opponents of the game schedule and fees set forth by the City for the Arena. FARMINGTON SCHOOL DISTRICT CITY OF FARMINGTON,a ISD#192 Minnes to Municipal Co oration By: Jay augen By: Todd Larson Its: Superintendent Its: Mayor c -111By: David Its: City Administrator { fatEl►RMi , City of Farmington 6 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' .,, +.a www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Approve Upgrade Laserfiche System-Human Resources DATE: September 6,2016 INTRODUCTION The purpose of this memorandum is to provide information and request approval to upgrade the city's Laserfiche system. DISCUSSION In 2007,the city purchased a digital imaging system, Laserfiche,to provide for digital storage and retrieval of data. This system allows staff to more effectively manage city records, ensure business continuity, and provides better access to public records while maintaining a high level of security for data that is not public and compliance with record retention requirements. With the current system, almost everything must be manually scanned into the system and placed in the appropriate file and/or folder. This work needs to be done at one of the city's three scanning stations and tends to be a fairly labor intensive process and, like filing, is often one of the lowest priorities of work to be done.Additionally, the city only has 10 full user licenses (licenses that allow someone to scan,move, link, and manage the data)so not everyone has the capability to utilize the software for anything other than looking up data. The city continues to work to improve and automate processes and make data easier to manage and maintain and more readily available. Therefore, staff is recommending the city upgrade its Laserfiche software. This request is to accelerate an upgrade that would otherwise occur in the next 2 to 4 years.Upgrading now allows staff to take advantage of the new features offered. In addition to digital storage and data retrieval,the new Laserfiche platform, Laserfiche Avante, is a process-oriented enterprise content management product that provides business process/workflow tools to both manage and process information. Staff will use this software to set up, document and automate workflows which will eliminate various labor intensive paper processes as well as identify and eliminate unnecessary and/or redundant processes. To ensure accuracy and security, the system has a thorough audit function that not only tracks workflow processes but allows staff to see who may have accessed, changed, or moved data. Staff will also be able to set permissions regarding the amount of access (i.e.—limiting access to private data and the ability to delete data). Finally, a system field can be added to all records showing when a document has met its retention schedule and should be deleted. City staff will be able to utilize this software to document and automate processes in every area;and the following have been identified as those that will be the first ones to be mapped with the workflow tools and automated once the upgrade has been implemented. Accounts Payable: Laserfiche already integrates with the Tungsten accounts payable software; therefore, staff will use that integration to automatically archive these records into the appropriate Laserfiche files thereby eliminating the need for staff to manually scan the data. Please note that the new software is better designed to integrate with Tungsten; and without this upgrade, staff would need to hire a contractor to integrate Tungsten with the current version of Laserfiche for a process that,when done, still does not work well or as seamlessly. Performance Evaluation Process: Staff will automate the process from notifying employees and supervisors that evaluations are due to routing them through the approval process and then automatically filing them in electronic employee files. Police Case File Security and Management: Staff will set up the workflow process to automatically filter all uploaded data(photos, audio and video files, reports, etc.) into the appropriate electronic files and will be able expedite distribution to all necessary agencies. This includes being able to organize the data in a manner that will expedite state reporting and responding to data requests. Police Operations: Staff will use the software's content management system to be able to create,route and store templates/forms eliminating the need to track and scan paper copies into the system. Furthermore, staff has the ability to set permission levels to limit access to the functions and data to ensure the security of data that is not public. Other processes already identified to move through the workflow and automation process are On-boarding (new hire processes)and the building permit process as they prepare to move to ePermits. BUDGET IMPACT The cost of this upgrade is $29,475.67 which includes an increase in the number of licenses available to staff and 40 hours of professional services to assist staff in documenting, developing and implementing digital workflows. Also included in the upgrade fee is $10,769.00 for the city's annual Laserfiche Software Assurance Plan (LSAP)which provides rapid response technical support, the latest hotfixes, updates and patches, new releases, online support services, and comprehensive training including hands-on training,videos, and training guides. Since the city already maintains an LSAP in the amount of$8,000.00,the net affect of this upgrade is approximately$21,475.67. The complete quote is attached. ACTION REQUESTED Approve the upgrade to the Laserfiche software. ATTACHMENTS: Type Description CI Backup Material Las erfiche Avante Quote T • OPG-3,Inc. 2020 Silver Bell Road Suite#20 Eagan,MN 55122-1050 op& 3 (651)233-5075 SALES QUOTE ADDRESS SALES# 1419 Brenda Wendlandt DATE 08/31/2016 City of Farmington EXPIRATION DATE 08/29/2016 430 Third Street Farmington,MN 55024 SALES REP Jay Bogenrief ITEM QTY RATE AMOUNT MSE30 1 5,000.00 5,000.00 Laserfiche Avante Server for MS SQL with Workflow MNF16 20 600.00 12,000.00 LF Avante Full Named User with WebAccess,Mobile,Snapshot and Email MATX16 20 100.00 2,000.00 Avante LF Advanced Audit Trail-user match MCNC16 20 25.00 500.00 Laserfiche Connector-user match MFRM16 20 50.00 1,000.00 Laserfiche Forms-user match MPFRM 1 7,995.00 7,995.00 Laserfiche Forms Portal Add-on MCS01 3 165.00 495.00 Laserflche ScanConnect MCQ01 1 595.00 595.00 Laserfiche Quick Fields MCQC4 1 1,695.00 1,695.00 Laserfiche Barcode and Validation Package MCQC5 1 595.00 595.00 Laserflche Real Time Look Up and Validation Package MPP1 1 15,000.00 15,000.00 Laserfiche Starter Public Portal MCA01 1 1,495.00 1,495.00 Laserfiche Import Agent MSE3OB 1 1,000.00 1,000.00 LF Avante Server for MS SQL LSAP,Billed Annually MNF16B 20 120.00 2,400.00 LF Avante Full Named User with WebAccess,Mobile,Snapshot and Email LSAP,Billed Annually MATX16B 20 20.00 400.00 Avante LF Advanced Audit Trail LSAP,billed annually-user match 14 ITEM QTY RATE AMOUNT MCNCI6B 20 5.00 100.00 Laserfiche Connector LSAP,billed annually-user match MFRM16B 20 10.00 200.00 Laserfiche Forms Basic LSAP,billed annually-user match MPFRMB 1 • 1,600.00 1,600.00 LF Forms Portal Add-On LSAP,Billed Annually MCSO1B 3 33.00 99.00 LF ScanConnect LSAP,Billed Annually • MC001 B 1 120.00 120.00 LF Quick Fields LSAP,Billed Annually MCQC4B 1 340.00 340.00 LF Barcode and Validation Pkg LSAP,Billed Annually MCQC5B 1 120.00 120.00 LF Real Time Look Up and Validation Pkg LSAP,Billed Annually MPP1B 1 3,000.00 3,000.00 LF Starter Public Portal LSAP,Billed Annually MCAO1B 1 390.00 390.00 LF Import Agent LSAP,Billed Annually ProHours 40 185.00 7,400.00 LF Professional Service Hours Labor 1 185.00 185.00 LF Labor(taxable) LabSoftw 3 185.00 555.00 Consulting,customization,user&admin training Credit Software 1 -36,803.33 -36,803.33 Trade-in Upgrade Software Credit • Credit LSAP 1 0.00 0.00 Trade-in Upgrade Unused LSAP Credit Floating Number changes daily,see below** **LSAP UPGRADE CREDIT:When purchased we will prorate your TOTAL $29,475.67 current LSAPS and give you credit for the remainder that is unused. (Exp.5.24.17). • **Upon purchase 50%down Is required to order the new Laserfiche system,and balance due upon completion of install.(plus sales tax if applicable)** If tax exempt,please provide OPG3 with your Tax Exempt Certificate. • Thank youl We appreciate your interest. OPG-3 Inc. Accepted By Accepted Date l(/ 4, a e"/‘ OARAI/,6, City of Farmington p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 4'—.,, a,, www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation Fire Department-Human Resources DATE: September 6, 2016 INTRODUCTION The city has received notice that Mr. Tim Vanderlinde has resigned from his position as Fire Lieutenant effective October 15,2016. DISCUSSION The Human Resources Office received notification that Mr. Tim Vanderlinde has resigned from his position as Fire Lieutenant. Though Mr. Vanderlinde is stepping down from his Lieutenant position for personal reasons, he will remain on the Fire Department as a fire fighter. BUDGET IMPACT NA ACTION REQUESTED Acknowledge the resignation of Mr. Tim Vanderlinde from his position as Fire Lieutenant effective October 15, 2016. 41141*, City ofFarmington Street Farmington,Minnesota 7. 651.280.6800 -Fax 651.280.6899 ' ►.,,,,, s° www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation Fire Department-Human Resources DATE: September 6, 2016 INTRODUCTION The city has received notice that Mr. Robert Lewis has resigned from his position as fire fighter effective August 19, 2016. DISCUSSION The Human Resources Office received notification that Mr. Robert Lewis has resigned from his position as fire fighter. Mr. Lewis has been employed with the city since September 2015 and the city appreciates his commitment to the organization and wishes him well in his future endeavors. BUDGET IMPACT NA ACTION REQUESTED Acknowledge the resignation of Mr. Robert Lewis effective August 19,2016. o�FG►RMi,�, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' . ,, •:° www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation Fire Department-Human Resources DATE: September 6, 2016 INTRODUCTION The city has received notice that Mr. Michael Wise has resigned from his position as Fire Lieutenant effective October 15, 2016. DISCUSSION The Human Resources Office received notification that Mr. Michael Wise has resigned from his position as Fire Lieutenant. Though Mr. Wise is stepping down from his Lieutenant position for personal reasons, he will remain on the Fire Department as a fire fighter. BUDGET IMPACT NA ACTION REQUESTED Acknowledge the resignation of Mr. Michael Wise from his position as Fire Lieutenant effective October 15, 2016. 41104�► City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 44.r.4,00a4 www.ci.farmington.mn.us TO: Mayor, Counci7members and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: September 6, 2016 INTRODUCTION Attached are the bills for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached bills. 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O �0" N 0 Oa' z U < r to CO < < c Ilo �► City of 43Farmington treet Farmington, Minnesota 11/4 I 651.280.6800 -Fax 651.280.6899 ' .,,,,tea.'° www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Approve On-Sale Liquor and Sunday Liquor License-Gossips Bar and Grill DATE: September 6, 2016 INTRODUCTION Pursuant to city ordinance 3-12-6-2, a public hearing must be held to establish an on-sale liquor license and an on-sale Sunday liquor license. DISCUSSION Ms. Lisa Zarza has submitted the required license fees and application for an on-sale liquor license and on- sale Sunday liquor license for Lion Heart LLC dba Gossips Bar and Grill, located at 309 Third Street, Suite 1. The application and required documentation have been reviewed and approved by the police department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2016 budget. ACTION REQUESTED After holding the public hearing, city staff recommends approving an on-sale liquor license and an on-sale Sunday liquor license for Lion Heart LLC dba Gossips Bar and Grill at 309 Third Street, Suite 1. 4i * City of Farmington AO 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 Wa° www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler,Planning Manager SUBJECT: Amendment to a Planned Unit Development-Farmington Health Services DATE: September 6, 2016 INTRODUCTION Attached, for city council consideration is an ordinance for a Planned Unit Development(PUD)amendment for the Trinity Care Center Campus generally located east of Trunk Highway 3, south of 213th Street W DISCUSSION Farmington Health Services dba Trinity Care Center is requesting an amendment to the Planned Unit Development for the property located at 3410 213th Street W. The original PUD plan(see attached original plan)was approved by the city council on November 19, 2012 and contained the following site changes: • Construction of an additional ten(10)bed group home for memory care residents, identical to the one that previously opened in 2012. • The demolition of the remaining hospital building and construction of a utilities addition to the existing skilled nursing care center. • The construction of two (2)senior living apartment buildings on the west side of the property. The proposed amended plan(as attached)makes several changes to the original plan, including: • The amendment removes the two senior living apartments from the plan. • The amendment adds a twenty-nine(29)unit nursing home addition near the north end of the site. This addition is approximately 29,435 square feet in size. • The amendment shows a reduced front yard setback for the nursing home addition. The R-5 code requires a twenty-five(25')foot front yard setback. The nursing home addition on the amended plans shows a front setback of eighteen and one-half(18 1/2')feet. • Adds a 5,977 square feet addition onto the north side of the existing nursing home for office, storage and delivery space. • The parking for the site is also being reconfigured with this amendment. The overall parking for the site will be reduced with the amendment to 105 off-street parking stalls. The originally approved plan called for 130 off-street parking stalls. This is a reduction of 25 spaces. The Planning Commission held a public hearing concerning this Planned Unit Development Amendment at a special meeting on August 16, 2016. The commission recommended approval of the attached ordinance approving the proposed changes to the Trinity Planned Unit Development Plan with a vote of 5-0. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached ordinance amending the Planned Unit Development for Farmington Health Services dba Trinity Care Center. 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Planned Unit Development(PUD) THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved the Schematic Plan for the St. Francis Health Services of Morris, Inc. Planned Unit Development(PUD)on the 19th day of November,2012 and the 12.94 acres known as the St.Francis Trinity Campus and legally described as Lot 1, Block 1, TRINITY HEALTH CARE 151 ADDITION and rezoned the property to R-5 PUD;and WHEREAS,the original plan, as approved, included the construction of an additional ten(10)bed group home for Memory Care residents, the demolition of the remaining hospital, construction of a utilities addition to the existing skilled nursing care center,and the construction of two(2)senior living apartments on the west side of the property. WHEREAS, The St. Francis Health Services of Morris are requesting to amend the previously approved plan by removing the two senior living apartments and replacing them with an additional twenty nine(29)unit nursing home addition and additional office,storage and delivery space. WHEREAS, the proposed nursing home addition is shown on the amended plans as having a front setback of eighteen and one-half(18 'A') feet. The R-5 zoning district requires a minimum front yard setback of twenty five (25)feet. WHEREAS,the parking for the site is also being changed with this amendment. A total of 105 off-street parking stalls are shown on the proposed plan,this is a reduction of approximately 25 spaces from the original plan. NOW,THEREFORE, BE IT ORDAINED that the city of Farmington hereby approves these amendments to the St.Francis Health Services of Morris,Inc.Final PUD Plan Enacted and ordained the 6th day of September,2016. CITY OFF • el' GTON By: To•d Larson,Mayor ATTEST: By: C/ : avid McKni t S Administrator SEAL Approved as to form the_ day of 2016. By: ---. /ityAtto / 4011tiiCity of Farmington 430 Third Street Farmington, Minnesota . 651.280.6800 -Fax 651.280.6899 �+►.,,nein www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Rambling River Center Plaza and Parks Master Plan Concept Development Contract DATE: September 6, 2016 INTRODUCTION As part of the Downtown Redevelopment Plan implementation, staff is working with Hoisington Koegler Group Inc. (HKGi)to provide a more detailed concept and cost estimate for the Rambling River Center Plaza as outlined in the Downtown Action Plan. DISCUSSION To more efficiently utilize department resources, Community Development and Parks and Recreation collaborated to have HKGi assemble a proposal including master planning services for Marigold and Prairie Pines parks along with defining a proposed concept and cost estimates for a Rambling River Center Plaza The EDA,RRC Advisory Commission, and Parks and Recreation Commission have all reviewed and commented on the original concepts for a public plaza at the Rambling River Center as recommended in the Downtown Redevelopment Plan. Based on the proposal from HKGi staff would schedule a public open house to seek input on Prairie Pines Park along with a Rambling River Center concept, and present them to city council by the end of the year. To save on consultant costs due to its small size,the Marigold Park master plan will be developed by the consultant with input from staff. Staff will present the Marigold Park master plan to city council at the same meeting HKGi will present the other two plans. Please see the attached scope of services for additional detail on the proposed process. BUDGET IMPACT $12,430 for Rambling River Center Plaza concept development and Prairie Pines and Marigold Park master plan development. $6,755 will be funded by the Community Development professional services budget, and $5,675 from the Park Improvement Fund. The optional$1,800 3-dimensional rendering of a Rambling River Center Plaza is not being recommended at this time. ACTION REQUESTED Approve the attached scope of services from HKGi to develop a preferred concept for a Rambling River Center Plaza, and produce master plans for both Prairie Pines and Marigold Park. ATTACHMENTS: Type Description Contract HKGi Proposal Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. ©© mmi August 29,2016 Adam Kienberger Community Development Director City of Farmington 430 Third Street Farmington,MN 55024 RE: Proposal for Farmington "Rambling River Center Plaza" Concept Development and Two Park Master Plans. Dear Adam: Thank you for the opportunity to present this proposal to prepare a conceptual plan for"Rambling River Center Plaza"as well as concept plans for Marigold and Prairie Pines Park. Based upon our work on the Farmington Downtown Redevelopment Plan, our review of the Proposed Scope of Services Memo(including Attachment A and the corresponding mapping), our understanding is that you would like Hoisington Koegler Group, Inc. (HKGi)to create concept plans and cost estimates for potential improvements to "Rambling River Center Plaza", Marigold Park, and Prairie Pines Park. HKGi will also conduct a community engagement process to help inform the evolution of the concepts. To accomplish this effort we offer the following scope of professional services: Scope of Services: 1. Conduct Kickoff Meeting with City Staff to: • Discuss goals&objectives • Review schedule,establish meeting dates • Gather background information&base data • Tour each of the three sites 2. Develop base mapping, review background materials, develop precedent boards (one for the downtown plaza,one for the two parks) 3. Conduct Community Open House(Joint meeting for all three sites) • Prepare presentation i. Base mapping ii. Potential precedents and ideas iii. Ask for community input on issues, ideas&priorities • Facilitate meeting i. Likely three stations for individual feedback for each location • Provide City with meeting materials for soliciting on-line input • Collect and distill community input(from meeting and on-line) 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338-0800 Fx(612)338-6838 4. Create concepts(1-2)for each location with corresponding budget for construction of the plaza/ parks and proposed elements. The concept plans will identify the following elements for each plaza/park: Rambling River Center Plaza - Plaza area,flexibility for large and small events,variety of paving types - Site furnishings(seating,waste receptacles,bike racks) - Amenities(fountain, public art,Christmas tree,existing historic bell,etc.) - Circulation(pedestrian,bicycle,vehicle) - Parking space counts(existing vs. proposed) - Landscaping - Lighting - Alleys,surrounding buildings and properties(including the relationship to the Rambling River Center) - Other elements as desired Marigold Park - Small play area(swing set) - Landscaping/vegetation/screening/native plant material selection Prairie Pines Park - Incorporation of existing trail network and general trail connectivity - Playground equipment - Picnic Shelter/gazebo - Courts - Grass play areas - Landscaping/vegetation/screening/native plant material selection 5. Conduct a review meeting with City Staff on the concepts and cost estimates. If costs exceed $150,000 for the two parks we will provide a phasing strategy for full build out based on community and staff priorities. 6. Develop a preferred concept alternative and corresponding cost estimate for construction for each park/plaza based on City Staff directions. Provide a preferred plan for each plaza/park and cost estimates prior to a Parks and Recreation Commission to be conducted by City Staff (targeting October, 2016). As an optional service, HKGi will develop a 3-Dimensional rendering of the Rambling River Center Plaza preferred concept alternative(see fee breakdown). 7. Refine the preferred concepts based on Parks and Recreation Commission and City Staff direction for staff presentation to the City Council (targeting November,2016) 8. Attend City Council Meeting to present and discuss Rambling River Center Plaza and Prairie Pines Park design. Deliverables: 1. Meeting presentation materials 2. Summary of community input 3. Concept plan alternatives and cost estimates for Rambling River Center Plaza and Prairie Pines Park 4. Preferred concept plan and cost estimates for Rambling River Center Plaza, Marigold Park and Prairie Pines Park Schedule: It is understood that tasks above should be completed over approximately 2-3 months. We would target a City Council Meeting in November or December for completion of the project. Fees: The following is a breakdown of proposed fees for the three different components of the project: Harjes Hourly Rate Evenson Hourly Rate Total Fee $180 $75 Rambling River Center Plaza 16 $2,880 50 $3,750 $6,630 Concept Development Prairie Pine Park 10 $1,800 42 $3,150 $4,950 Marigold Park 0 0 8 $600 $600 Parks Subtotal 10 $1,800 50 $3,570 $5,550 Expenses $250 Totals 26 100 $12,430 3-Dimensional Rendering of 24 $1,800 $1,800 Rambling River Center Plaza (Optional Service) Invoices will be mailed from HKGi's office by the 10`h of each month. Invoices are payable within 30 days. Invoicing shall be specific to each task and will describe the completed portion of the work. City Responsibilities: It is expected that the City of Farmington will supply HKGi with general base maps of the sites showing existing site conditions, including land cover,topography, access points, parcel boundaries, and utilities. The City will provide necessary zoning and land use documents, copy of the City's Comprehensive Plan and access to other relevant planning documents. The City will provide relevant historical information that pertains to City Parks and if needed minutes from past City Council, Planning Commission and Parks &Recreation Commission meetings that involve the discussion of these two parks. The City will provide all notifications related to the public open house either through the media or through mailings. The City will host any necessary on-line notification of the project. If this letter agreement is acceptable to you, please return a signed copy to HKGi and we will begin work immediately. Contact us if you have any questions about this proposal. Sincerely, t:60-1*--. Bryan Harjes Vice President 612.252.7124 Brvan@hkgi.com AUTHORIZATION TO PROCEED Adam Kienberger Community Development Director City of Farmington,MN Date: Signature: HOISINGTON KOEGLER GROUP INC. 2016 HOURLY RATES Principal $160-215/hr Associate $110-155/hr Senior Professional $90-155/hr Professional ll $80-100/hr Professional I $50-80/hr Technical $40-60/hr Secretarial $55/hr Litigation Services $190/hr Testimony $275/hr Incidental Expenses: Mileage current federal rate/mile Photocopying BW 15C/page Photocopying Color $1.00/page Outside Printing Actual Cost Large Format Scanning Actual Cost B/W Bond Plots $5.00 each Color Bond Plots $20.00 each Photo Paper Color Plots $40.00 each ��1►►R1i4, City of Farmington 430 Third Street I p Farmington, Minnesota \11446, 1a 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: Approve Agreement with Farmington Youth Hockey Association DATE: September 6, 2016 INTRODUCTION The city has had a number of agreements approved in the past with the Farmington Youth Hockey Association(FYHA). Staff and FYHA have had a dialogue over the past six months about the current agreements and as a result of the conversations, are proposing a new agreement that would combine past agreements into one agreement. DISCUSSION FYHA approached city staff about combining agreements that were approved in 2004 and 2012. The major items that are being carried over from these previous agreements include: • Annual contribution of$10,000 that will be split 50%for funding annual arena operations and maintenance and 50%for future capital projects • Continue the ice scheduling priority for FYHA because it is the largest single ice rental group at the arena Major items removed from past agreements include: • $300 fee from FYHA for concession stand utilities Major provisions added in the new agreement include: • FYHA commitment to rent at least 700 hours during each winter ice season(September to March) • The city will provide a 20%discount for any hours rented over the initial 700 hours • Recognition of the$3,517.46 donation given to the city for purchasing lumber materials for new hockey rink boards at North Creek Park • Recognition of the$7,500.00 donation given to the city for covering 50% of the cost to purchase and install a new Arena sound system The new agreement will not expire until December 31, 2028,which is an extension of slightly more than 12 years from the September 30, 2018 date the 2004 agreement was to expire and an extension of more than six years from when the 2012 agreement was set to expire on May 31, 2022. The city attorney has reviewed the attached agreement and has found it to be acceptable. FYHA has signed the attached agreement showing it has approved the agreement with the city. BUDGET IMPACT FYHA will continue to provide a$10,000 annual contribution to the Arena with$5,000 of the contribution being used for covering arena operations and maintenance and $5,000 of the contribution being used for future capital projects. Attached as Exhibit A is a five year report on the number of hours FYHA has rented at the arena during the winter ice season. As you can see this number has had a wide range of rental hours over the five year period,which makes it difficult to forecast rental revenue during budget development. The commitment by FYHA to rent at least 700 hours of ice over the next 12 years will provide a baseline of rental hours giving some stability in forecasting annual rental revenue amounts the city will receive from FYHA. ACTION REQUESTED The city council is being asked to approve by motion the attached agreement with FYHA. ATTACHMENTS: Type Description D Exhibit Exhibit A Ice Rental History Contract Agreement Form EXHIBIT A Schmitz-Maki Arena Winter Ice Season Hours Rented by FYHA 2011-12 2012-13 2013-14 _ 2014-15 2015-16 TOTAL HOURS RENTED 758.25 842 788.5 612.25 678.5 AGREEMENT This Agreement is made this a,th day of September, 2016 by and between Farmington Youth Hockey Association (the "Association") and the City of Farmington, a Minnesota municipal corporation(the"City") (collectively referred to as the"Parties"). WHEREAS, the City owns and operates the Schmitz-Maki Arena(Arena)in the city of Farmington; and, WHEREAS, the primary tenant of the Arena is Farmington Youth Hockey Association; and, WHEREAS, the Association currently leases the Arena's concession stand until the current Agreement expires on12:00 Midnight on September 30, 2018 which in previous agreements has been valued at$1,500/year; and, WHEREAS, the Association currently contributes $10,000.00 annually to the City's Arena and this donation is annually split with$5,000.00 being given to help cover operation costs and$5,000.00 being given to help with future capital improvements or acquisition of capital equipment; and, WHEREAS, the Association is willing to help fund the cost of the lumber to replace the existing hockey boards at North Creek Park which is estimated to cost a total of $3,517.46; and, WHEREAS, the Association is willing to help fund the replacement of the Arena's existing sound system in the amount of$7,500.00; and, WHEREAS, the Parties are interested in combining several different agreements into one agreement and extending the expiration date of the agreement; and, WHEREAS, it appears to be in the best interest of the Parties to enter into one Agreement. NOW,THEREFORE,in consideration of the promises contained herein,the Parties hereby agree as follows: SECTION 1. Acknowledgement of the Association's Completion of Past Projects The City recognizes the following past projects the Association has completed that have benefited the community: 1. Materials and volunteer labor provided for the construction of the outdoor hockey rink boards at the Rambling River Park site. 2. Materials and volunteer labor provided for the construction of the warming house located at the outdoor rinks in Rambling River Park. 3. Materials and volunteer labor for the initial construction of the Arena. Page 1 of 7 4,' 4. Materials and volunteer labor for the construction of the Locker Room Addition at the Arena. 5. The concession stand construction and concession equipment purchased. SECTION 2. Terms of Agreement 1. This Agreement shall begin immediately after both the City and Association have signed it. The Agreement shall end at 12:00 Midnight on December 31, 2028. 2. This Agreement replaces the December 20, 2004 Agreement, which would have expired at 12:00 Midnight on September 30, 2018 and the April 20, 2012 Agreement, which would have expired on May 31, 2022. 3. Except as otherwise specifically provided herein,the Association shall have exclusive use of the concession stand at the Arena and shall not be required to pay any rent to use and run the concession stand during the term of this Agreement. 4. The terms of this Agreement do not bind the City and the Association to the leasing of any other concession stand(s). 5. Should a new indoor ice arena be built by the City in the future,the City and Association agree to review this Agreement for a possible extension to cover a concession stand in a new indoor ice arena. 6. If this Agreement is ever terminated,the City shall return at the request of the Association all concession and hockey equipment that is owned by the Association and stored in the outdoor warming house. 7. During the entire term of this Agreement,the City shall have first right of refusal to use the concession stand for events when the Association does not want to provide concessions. The City shall provide its own concession items and shall not have to compensate the Association for the use of the concession stand. If the City chooses to not provide concessions for an event,then the Association may sublease the concession stand to another organization provided that the organization carries the same amount and type of insurance that is required in SECTION 7 of this Agreement. SECTION 3. The Association's Obligations 1. The Association shall annually ensure that all concession stand equipment fully complies with all Minnesota Department of Health requirements and shall secure all permits required by the Minnesota Department of Health for the operation of the concession stand at the Arena where applicable. The Association shall provide a copy of said permits to the City prior to the operation of the concession stand. 2. The Association shall be responsible for the upkeep,maintenance and repair of the concession stand equipment that is owned and operated by the Association. Page 2 of 7 3. The Association shall provide for all operating labor and shall open the concession stand at least a half hour prior to all paid events and tournaments. 4. The Association shall keep open all passageways through and from its concession stand at all times and shall not permit obstruction of any kind to the concession stand. 5. The Association shall provide its own cleaning materials and shall provide the labor for cleaning the interior of the concession stand including but not limited to wiping all counters,picking up and disposing of trash,properly cleaning and sanitizing all equipment and utensils, sweeping and mopping the floor and returning unused food items to their proper storage place. In addition,the Association shall wipe the tables that are located immediately adjacent to the concession stand. 6. The Association agrees to provide its own garbage bags and bag all garbage from the concession stand and dispose of it into the arena's garbage containers. 7. The Association agrees to recycle materials if possible including aluminum, plastic and cardboard(only clean cardboard that does not contain food product residue). The Association shall remove all recyclable materials from the concession stand and dispose of them into the arena's recycling containers. 8. The Association shall provide to the City a current written inventory of all concession equipment that it owns in the Arena's concession stand and shall provide in writing when existing concession equipment is replaced and new concession equipment is added. 9. At least annually,the Association shall defrost all freezers they have used whether they are owned by the Association or the City. 10. The Association shall provide annually to the City the name of the person who shall be responsible for the operations of the concession stand including scheduling and its cleanliness. 11. The Association shall be responsible for the construction, installation, maintenance and repair of its own trophy cases at the Arena. The Association shall not construct any new or move any existing trophy cases without permission from the City. 12. The Association shall work annually with the City on its ice rental schedule. The Association agrees to rent at least 700 hours annually during the winter ice season. If less than 700 hours are rented during the ice season,the Association agrees to still pay for 700 hours of ice rental.Any hours rented over 700 will be discounted 20% off of the approved hourly rate. The Association reserves the right to resell the hours it will not be renting in order to reach 700 hours of ice rented during the winter ice season. The Association agrees to communicate to the City when they resell hours that count towards the 700 hours rented, so they Page3 of7 receive credit. This will be communicated via email to the City's Park and Recreation Director and the Park and Facilities Supervisor. 13. The Association shall pay on an annual basis, $10,000.00 to the City in order to have a higher priority in ice rental scheduling than all other parties except for the Farmington School District. This contribution shall be split with$5,000.00 being contributed to help fund Arena operations and $5,000.00 being contributed to help fund Arena capital improvements and/or capital equipment purchases. 14. The Association agrees to purchase, at a cost of$3,517.46, lumber materials for new hockey boards to be constructed in 2016 at the City's outdoor rink in North Creek Park. 15. The Association agrees to contribute $7,500.00 to assist with replacement of the Arena's sound system in 2016. 16. The Association acknowledges it has obligations under Minnesota state law to inform and educate coaches, officials,youth athletes, and their parents or guardians about concussions. These obligations include,but are not limited to, making information about the nature and risks of concussions accessible to all participating coaches, officials,youth athletes, and their parents or guardians and requiring that all participating coaches and officials receive periodic online training consistent with the standards set forth in Minnesota Statute and by the Centers for Disease Control. By signing this form and using these facilities,the undersigned acknowledges that it is subject to the responsibilities existing under Minnesota Statutes and verifies that all coaches, officials, youth athletes, and their parents or guardians have complied with the mandated policies prescribed by Minnesota Statute Sections 121A.37 and 121A.38. SECTION 4. The City's Obligations 1. The City shall provide concession stand space in the arena in order for the Association to provide concessions at paid events and tournaments. 2. The City shall provide garbage containers for the Association to dispose their concession stand garbage into at no cost. 3. The City shall sweep and mop the exterior areas around the concession stand in the mezzanine. 4. The City shall provide for the maintenance,upkeep and cleaning of all other areas of the arena that have not previously been identified in this Agreement. 5. The City shall invoice the Association$10,000.00 annually on or before June 1st of each year for priority scheduling. The contribution shall be split with$5,000.00 going to help fund Arena operations and$5,000.00 going to help fund Arena capital improvements. Page 4 of 7 • w • SECTION 5. Concession Stand Sub-Lease 1. During the entire term of this Agreement, the City shall have first right of refusal for the use of the concession stand when the Association does not want to provide concessions for an event at the Arena. The Association shall provide at least three weeks notice in advance of when it does not want to provide concessions for an event and shall provide notice to the Parks and Recreation Director of the availability of the concession stand. The City shall inform the Association within 48 hours of said notice of whether or not it wants to provide concessions at an event. 2. If the City chooses to not provide concessions for an event,then the Association shall be able to sublease the concession stand to another organization provided that the subletting organization carries the same amount and type of insurance that is required in SECTION 7 of this Agreement. A copy of the subletting organization's Certificate of Insurance must be submitted to the Parks and Recreation Director at least two weeks in advance of the event so that it may be reviewed to ensure that it meets all insurance requirements. The City shall notify the Association within 48 hours of receiving the Certificate of Insurance that it either meets or does not meet the insurance requirements. 3. If the City uses the concession stand for an event, it shall provide its own food items and no compensation is due to the Association for its use. SECTION 6. Rambling River Park Outdoor Hockey Rinks and Warming House 1. The City shall provide a storage room inside the warming house on an annual basis to the Association. The Association shall have access to this storage room but it shall only be used for the storage of hockey equipment such as uniforms, protective padding,helmets, sticks, etc. 2. The Association shall designate one of its members to check out a key for the warming house's main entry door from the City prior to the hockey season (September 1st or later) and shall return the key at the conclusion of the hockey season(April 1st or earlier). The Association shall not make any duplicate keys and the equipment manager from the Association shall be the only person allowed to check the key out from the City. 3. The Association agrees to provide to the City a duplicate key to the storage room at the outdoor warming house that will be kept at City Hall. Only designated Parks and Recreation Department staff and/or other designated City staff shall be allowed to check the storage room key out from City Hall. 4. The Association shall have exclusive use of the farthest hockey rink from the warming house at Rambling River Park from 5:00-8:00 p.m. Monday through Thursday during the outdoor ice season. 5. The City shall perform snow removal on the outdoor hockey rinks in accordance with its snow removal priority plan map. The Association understands that the Page 5 of 7 snow removal policy for the outdoor rinks has identified the outdoor rinks as the third priority for snow removal and further understands that if the City is unable to remove the snow from the outdoor rinks in a timely manner due to other snow removal priorities,the Association may not have access to the outdoor hockey rinks until the snow can be removed by the City. 6. The Association shall provide to the City at least one week in advance of the warming house opening, a weekly schedule of its exclusive use of one outdoor hockey rink. The City shall post this schedule in the warming house. In the event that the Association does not need to use all of the time that has been allotted for exclusive use of one outdoor hockey rink,the unused times will be made available for the general public to use. 7. The Association agrees to not flood the outdoor hockey rinks and shall communicate to the City any flooding concerns it has with the outdoor hockey rinks. The City shall be solely responsible for flooding and maintenance of the ice surface on all outdoor hockey rinks. 8. The City shall provide staff to supervise the warming house and shall set the warming house operations schedule. 9. Weather permitting the City shall have outdoor ice on the hockey rinks available from the Friday in December prior to the Farmington School District holiday break through the President's Day holiday in February. The City shall not be responsible for flooding the outdoor hockey rinks after the President's Day holiday,but shall continue to sweep and clear snow from the ice after this date until the ice surface is no longer suitable for ice skating. SECTION 7. Indemnification The Association agrees to hold the City and its officers, agents, and employees harmless and defend and indemnify the City against all claims related to the use of the on-ice activities, concession stand sales and related activities by the Association, its agents, employees or subcontractors. The Association further agrees to hold the City its officers, agents, and employees harmless from any liability, claims, damages, costs,judgements or expenses including reasonable attorney fees, occasioned by or arising in connection with the use of the on-ice activities, concession stand sales and related activities by the Association and/or its guests or invitees, including any and all claims for bodily injury or death or property loss or damage sustained as a result of use of the Arena by the Association and/or its guests or invitees. Any claims arising out of city staff or agent activities including arena and ice maintenance, operation of ice-resurfacing, and arena exterior areas are not subject to this indemnification. SECTION 8. Prior Agreement. This Agreement supersedes and replaces any and all previous agreements between the parties. Page 6 of 7 SECTION 9. Termination by the City. In the event that the Association fails to perform and carry out any of the terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business,the City may terminate this Agreement by giving written notice to the Association. On termination, all rights of the Association to occupy or use the concession stand and/or outdoor ice rink's warming house storage area shall end on the 10th day after delivery of such notice by which time the Association and all of its officers, agents, and its employees shall vacate the premises and surrender the same to the City quietly and peacefully. The City's termination of this Agreement hereunder shall not prevent or interfere with the recovery by the City of any damages caused by the Association to the arena concession stand or the outdoor ice rink's warming house storage area. SECTION 10. Other Termination. NOTWITHSTANDING any other provision, if any local law, rule,regulation, or order prohibits the activities in this Agreement and prohibits the sale of concessions at the facilities during the term of this Agreement,then this Agreement shall be immediately terminated with both Parties owing no further compensation to each other. SECTION 11. Entire Agreement. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written notification. SECTION 12. Severability If any provision of this Agreement is illegal and unenforceable in whole or in part,the remainder of this Agreement shall remain enforceable to the extent permitted by law. FARMINGTON YOUTH CITY OF FARMINGTON, a HOCKEY ASSOCIATION Minnesota Municipal Corporation By:�i,.IVO LBy: Todd Larson Its: President Its: Mayor //07A,.' Knetfr r By: David-MI/ s: T e..:` e Its: City Administrator Page 7 of 7 ,411 R ►i1� City of Farmington c~a 430 Third Street .11441— Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ..,,,,tea - www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: 2017 Preliminary Budget and Tax Levy DATE: September 6,2016 INTRODUCTION Please see the attached memo and related information. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Included in the attached memo. ATTACHMENTS: Type Description D Cover Memo CM Preliminary Levy 9-6-16 O Backup Material General Fund Budget Summary Page 2017 O Backup Material Gen'l Fund Revenue Summary 2017 O Backup Material Gen'l Fund Expenditure Summary 2017 o Backup Material Debt Service Fund Summary 2017 O Resolution Preliminary Budget Resolution 9-6-16 City of Farmington 430 Third Street Farmington,Minnesota go 651.280.6800 Fax 651.280.6899 A moo- www.cilarmingtoninn.us TO: Mayor, Council and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Final Recommended 2017 General Fund Budget and Tax Levy DATE: September 6,2016 INTRODUCTION: Minnesota statutes require proposed property tax levies be certified to the county on or before September 30. This evening you are being asked to adopt the 2017 proposed property tax levy, which will be included in the truth and taxation notices the county mails to taxpayers in early November. Once the preliminary tax levy is adopted, you may adopt the same or lower property tax levy in December, but you may not increase it. DISCUSSION: During your summer work sessions you had the opportunity to review the proposed budgets and tax levy. The proposed budgets continue to provide: • police, fire, streets, parks and recreation, and administrative services, • to fund the city council's long-term financial planning strategies, and • support council's 2016 strategic plan. The proposed General Fund budget and net tax levy are as follows: 2017 2016 Proposed Budget Budget Change General Fund Expenditures $11,798,225 $12,307,197 3.81% Less: General Fund Revenues 3,051,055 3,119,737 2.58% Fiscal Disparities 2.104.764 2.136.834 (1.32%) General Fund Levy 6,642,406 7,050,626 Debt Levy 2.970.848 3.037,903 2.26% Proposed Farmington Net Tax Levy $9,613,254 $10,088,529 4.94% The changes in the General Fund budget from the August workshop are detailed below: Proposed Net Tax Levy August 8, 2016 $10,088,529 Increase in Fiscal Disparities Revenue 59,754 Increase in Transfers Out—Building Maintenance (59,754) Proposed Net Tax Levy September 6, 2016 $10,088,529 A number of factors impact the 2017 General Fund budget and net tax levy. The more significant items are explained below: General Fund Expenditures • Funds human resource costs based on approved union contracts and estimates for employee benefits and worker's compensation premiums • Provides funding for the following positions approved in 2016 • Part-time Building Inspector • Full-time Front Desk/Receptionist • Increased Fire Department complement • Solid Waste/Maintenance position (utility funds pay) • Provides funding for a new IT position in 2017 • Continues long-term funding for the: • Fire Capital Improvement Plan (CIP), • Farmington Fire Relief Association, • seal coating, and • trail maintenance. General Fund Revenues • Based on recent activity and more substantive inquiries regarding future development/improvements building permit revenue has been increased approximately $33,000. • The City will receive $287,432 in Local Government Aid (LGA). These funds are budgeted for fire and other capital equipment purchases, as well as building maintenance needs. • Intergovernmental revenues have been increased for both MSA Maintenance and Fire Aid based on increased receipts the past couple of years. • Transfers In from the enterprise funds to cover personnel related costs and administrative services have been increased by 3%. • Based on information received from Dakota County after your August workshop, the fiscal disparities amount has been revised upward to $2,104,764. The change from the draft budget represents an increase of $59,754 which has been included as a transfer out to the building maintenance fund to address deferred building maintenance. Department Budgets The proposed 2017 department budgets are summarized in the following table. The more significant department budget changes are explained below: Expenditures 2016 Budget 2017 Proposed Change Administration $822,114 $731,249 (11.05%) Human Resource 279,035 294,176 5.43 % Finance and Risk Management 681,973 740,555 8.59 % Police 4,187,762 4,342,684 3.70 % Fire 1,140,007 1,136,323 (0.32) % Community Development 604,498 725,721 20.05 % Engineering 656,688 696,239 6.02 % Municipal Services 1,245,499 1,285,932 3.25% Parks and Recreation 1,268,663 1,330,822 4.90 % Perm Levy Adjustment 5,379 0 (100.00)% Transfers Out 906.607 1.023.496 12.89 % Total Expenditures $11,798,225 $12,307,197 4.31 % Items of note include: • The decrease in the Administration budget reflects the transfer of one FT position to Community Development as the city increases its investment in this area, as well as the elimination of the Administrative Reserve. • The increase in the Human Resource budgets reflects the increase in human resources cost estimates previously described and an increase in the IT chargeback. • The increase in the Finance and Risk Management budget reflects the addition of a FT receptionist/front desk position at city hall. • The increase in the Community Development budget is due to the transfer of one FT administrative position from Administration and the addition of a PT building inspector which is partially offset by the reallocation of the shared position hours of one Community Development staff member with the Rambling River Center. • The increase in the Parks and Recreation budget reflects increase human resource cost estimates previously described and the reallocation from Community Development to Parks and Recreation the shared position hours related to the Rambling River Center. • The increase in the Transfers Out budget is primarily attributable to the increase in funding for deferred building maintenance needs.. The remaining Transfers Out provide continuing money for the EDA, vehicles and capital equipment, and long-term funding for sealcoating, trail maintenance and the city's self-insurance deductible. Additional Notes Following is an update on some additional items that we have discussed this summer. • At the time of the August workshop the 2017 fiscal disparities amount was not finalized. Staff received this information in late August. The draft budget has been updated to incorporate this amount which was more than was anticipated in the draft budget. The increased amount has been included as a transfer out to the building maintenance fund. • The draft budgets do not reflect any changes as a result of anticipated debt refundings. Staff is working with Ehler's on these bond refundings. A pre-sale report will be brought to Council during your September 19, 2016 meeting with an anticipated sale date of October 17, 2016. • The Recreational Facilities Referendum will be decided by the voters in November. • The city has an accrued, unfunded liability for compensated absences of$850,000 as of December 31, 2015. Historically, these amounts have been funded from current operations. As some of the city's more tenured employees begin to retire these amounts will be larger and more challenging for the operations budgets to absorb. • The city has increasing deferred building maintenance needs which the building maintenance fund likely does not have sufficient funds to cover. • Staff has not focused on the 2018 budgets. That work will begin later this fall. Debt Levy The debt levy provides funding for: • Scheduled debt payments, • Ongoing trustee, assessments, arbitrage and post-issuance compliance administrative fees, and • Continued efforts towards strengthening the City's debt cash flows to achieve full compliance with the 105%funding requirement. The proposed 2017 debt levy utilizes $100,000 of the city's 2017 municipal state aid (MSA) dollars to pay for a portion of the city's debt repayment obligations to mitigate the increased debt levy that would have otherwise been needed. Tax Levy Impact The city has added $14.1 million to its overall market value as a result of 2015 (there is a one year lag in those numbers being added) new construction, primarily residential. Applying the city's 2016 tax rate, this translates to$93,162 in additional local property tax revenue. In 2017 the estimated market value (EMV) for the average residential home in Farmington is expected to be$223,029. This is a 3.9% increase from 2016. The impact of the proposed 2017 tax levy for the city portion of the average residential property's real estate taxes is expected to be an increase of$52.72. Determining the impact of the tax levy on agricultural and industrial properties is extremely complicated. City staff will work with staff at the County to develop an estimate of the impact of the proposed tax levy on these properties and share that information with Council later this fall. BUDGET IMPACT: The budget impact is summarized within the content of this memo. ACTION REQUESTED: • Approve the attached resolution establishing the 2017 preliminary tax levy as proposed. • Set the public input meeting prior to the adoption of the final 2017 budget and tax levy for Monday, December 5, 2016 at 7:00 p.m. City of Farmington Budget and Tax Levy 2016 Budget,2017 Proposed and 2018 Proposed 2016 2017 Budget% 2018 Budget Change CompanyBudget Proposed Change Proposed Non-Property Tax Revenues Licenses and Permits 367,703 397,615 8.13% 248,615 (37.47)% Intergovernmental Revenue 803,134 847,432 5.52% 844,884 (0.30)% Charge for Service 591,700 601,950 1.73% 582,950 (3.16)% Fines and Forfeitures 65,000 52,000 (20.00)% 52,000 0.00% Investment Income 18,462 23,005 24.61% 23,005 0.00% Miscellaneous 56,685 47,385 (16.41)% 47,385 0.00% Transfers In 1,148,371 1,150,350 0.17% 1,184,866 3.00% Total Revenues 3,051,055 3,119,737 2.25% 2,983,705 (4.36)% Expenditures Administration 822,114 731,249 (11.05)% 870,744 19.08% Human Resource 279,035 294,176 5.43% 313,253 6.48% Finance and Risk Mgmt 681,973 740,555 8.59% 772,217 4.28% Police 4,187,762 4,342,684 3.70% 4,551,957 4.82% Fire 1,140,007 1,136,323 (0.32)% 1,452,141 27.79% Community Development 604,498 725,721 20.05% 761,057 4.87% Engineering 656,688 696,239 6.02% 724,279 4.03% Municipal Services 1,245,499 1,285,932 3.25% 1,343,673 4.49% Parks and Recreation 1,268,663 1,330,822 4.90% 1,404,535 5.54% Perm Levy Adj('15,'16,'17) 5,379 (100.00)% Transfers Out 906,607 1,023,496 12.89% 1,045,174 2.12% Total Expenditures 11,798,225 12,307,197 4.31% 13,239,030 7.57% Revenues Over(Under)Expenditures (8,747,170) (9,187,460) 5.03% (10,255,325) 11.62% Fiscal Disparities 2,104,764 2,136,834 1.52% 2,049,396 (4.09)% General Fund Levy 6,642,406 7,050,626 6.15% 8,205,929 16.39% Debt Levy Debt Levy-Bonds 2,684,848 2,871,903 6.97% 3,268,373 13.81% Debt Levy-Fire Truck 120,000 0 (100.00)% Debt Levy-2005C Repay Storm Water Trunk Adv 166,000 166,000 0.00% 166,000 0.00% Total Debt Levy 2,970,848 3,037,903 2.26% 3,434,373 13.05% Ag Credit 0 Farmington Net Tax Levy 9,613,254 10,088,529 4.94% 11,640,302 15.38% Location: Documents\FARMINGTON\Budget 2017-2018\1 General Fund Budget Summary Page 2016 Base 8/31/2016 12:30:01 PM General Fund Detailed Non-Property Tax Revenue Summary 2015 Budget,2016 Budget, 2017 Proposed and 2018 Proposed Object 2015 2016 2017 2018 Account Budget Budget Proposed Proposed LIQUOR LICENSES 29,600 31,000 29,600 29,600 BEER&WINE LICENSES 2,200 2,200 2,200 2,200 CLUB LICENSES 500 300 500 500 ARCADE LICENSE 520 655 540 540 MASSAGE LICENSE 100 100 100 100 GAMBLING LICENSE/PERMIT 150 200 200 200 OTHER LICENSE&PERMIT 1,400 1,900 1,200 1,200 ANIMAL LICENSES 1,200 5,000 4,000 4,000 Licenses 35,670 41,355 38,340 38,340 BUILDING PERMITS 380,000 265,298 301,075 171,075 REINSPECTION FEES 800 600 600 600 PLUMBING&HEATING PERMITS 35,000 32,000 30,000 15,000 SEWER PERMITS 5,000 5,000 5,000 3,000 ELECTRIC PERMITS 12,000 12,000 12,000 10,000 ISTS PERMITS 350 350 350 350 COUNTY SEPTIC FEE UTILITY PERMITS 5,500 5,500 5,500 5,500 STREETBREAKING PERMITS 0 0 SIGN PERMITS 500 500 500 500 BURNING PERMITS 4,300 1,000 1,000 1,000 OTHER PERMITS 4,100 4,100 3,250 3,250 Permits 447,550 326,348 359,275 210,275 i Licenses and Permits 483,220 367,703 397,615 248,615 FEDERAL GRANT 0 0 LOCAL GOVERNMENT AID 276,607 284,884 287,432 284,884 MSA MAINTENANCE 190,000 190,000 220,000 220,000 POLICE AID 170,000 180,000 180,000 180,000 POST TRAINING 25,000 31,000 17,000 17,000 FIRE AID 92,000 110,000 127,000 127,000 STATE GRANT 2,000 2,000 MARKET VALUE CREDIT 0 0 COUNTY MISCELLANEOUS 5,250 5,250 16,000 16,000 OTHER MISCELLANEOUS 0 0 Intergovernmental 760,857 803,134 847,432 844,884 CUSTOMER SERVICES NONTAXABLE 600 0 ZONING&SUBDIVISION FEES 1,600 0 0 ADMINISTRATION FEES-PROJECTS 250 0 0 FIRE CHARGES 175,000 215,000 212,000 212,000 POLICE SERVICE CHARGES 75,000 75,000 75,000 75,000 ENGINEERING FEES-PROJECTS EROSION&SEDIMENT CONTROL 10,500 12,000 12,000 12,000 G.I.S.FEES 0 0 PUBLIC WORKS MISC CHARGES 300 0 0 RECREATION FEES-GENERAL 97,000 96,000 93,000 93,000 POOL ADMISSIONS 40,000 37,000 37,000 37,000 SWIM LESSON FEES 14,000 13,000 11,000 11,000 CONCESSIONS 13,000 11,000 11,000 11,000 RECREATION FEES-SENIOR CTR 16,000 18,000 19,000 20,000 Location: Documents\FARMINGTON\Budget 2017-2018\1.1 Gen'l Fund Revenue Summary 2016 Base Page 1 of 2 General Fund Detailed Non-Property Tax Revenue Summary 2015 Budget,2016 Budget, 2017 Proposed and 2018 Proposed Object 2015 2016 2017 2018 Account Budget Budget Proposed Proposed MEMBERSHIP FEES-SENIOR CTR 13,000 12,000 9,000 9,000 MOBILE MEALS-SENIOR CTR ADVERTISING 500 500 750 750 LESSONS ADVERTISING 2,200 2,200 2,200 2,200 FRANCHISE FEE 100,000 100,000 120,000 100,000 Charges For Services 558,950 591,700 601,950 582,950 COURT FINES 72,000 65,000 52,000 52,000 Fines&Forfeitures 72,000 65,000 52,000 52,000 INTEREST ON INVESTMENTS 20,000 18,462 23,005 23,005 GAIN/LOSS INVEST MKT VALUE Investment Income 20,000 18,462 23,005 23,005 MISCELLANEOUS REVENUE 86,000 15,000 5,000 5,000 CASH OVER&SHORT RENTAL INCOME-RRC 18,000 20,000 21,000 21,000 RENTAL INCOME-POOL 3,000 2,000 2,200 2,200 RENTAL INCOME 14,000 19,685 19,185 19,185 DONATIONS 0 0 Misc Revenue 121,000 56,685 47,385 47,385 -- ------ ---- --- ---- OPERATING TRANSFERS 1,124,180 1,148,371 1,150,350 1,184,866 Transfers In 1,124,180 1,148,371 1,150,350 1,184,866 Total Revenues $3,140,207 $3,051,055 $3,119,737 $2,983,705 Location: Documents\FARMINGTON\Budget 2017-2018\1.1 Gen'I Fund Revenue Summary 2016 Base Page 2 of 2 General Fund Expenditure Detail Summary 2015 Budget,2016 Budget 2017 Proposed and 2018 Proposed Company 2015 2016 2017 2018 Budget Budget Proposed Proposed Expenditures Administration Legislative(1005) 109,514 86,906 90,121 119,410 Historical Preservation(1006) 7,500 3,855 0 8,100 Administration(1010) 419,713 376,379 295,408 393,417 Elections(1013) 21,839 57,548 34,370 18,999 Communications(1014) 100,641 102,105 109,072 116,242 City Hall(1015) 170,670 195,321 202,278 214,576 Administration 829,877 822,114 731,249 870,744 Human Resources 263,344 279,035 294,176 313,253 Human Resource(1011) 263,344 279,035 294,176 313,253 Human Resources 263,344 279,035 294,176 313,2531 Finance and Risk Management Finance(1021) 434,019 491,973 564,255 588,817 Risk Management(1022) 180,000 190,000 176,300 183,400 Finance and Risk Management 614,019 681,973 740,555 772,217 Police Police Administration(1050) 818,227 840,955 824,242 904,472 Patrol Services(1051) 2,516,154 2,679,435 2,692,619 2,795,417 Investigations(1052) 774,461 662,472 820,923 845,418 Emergency Management(1054) 6,150 4,900 4,900 6,650 Police 4,114,992 4,187,762 4,342,684 4,551,957 Fire Fire(1060) 984,652 1,140,007 1,136,323 1,452,141 Rescue(1061) 58,065 0 0 Fire -- - ----- - -- -_ --- 1,042,717 '1,140,007 1,136,323 1,452,141 Community Development 526,475 604,498 725,721 761,057 Planning(1030) 266,756 347,774 421,014 445,453 Building Inspection(1031) 259,719 256,724 304,707 315,604 Community Development 526,475 604,498 725,721 761,057 - - ---- ----------- ---------------- - - Engineering Engineering(1070) 581,252 531,112 553,888 580,625 Natural Resources(1076) 117,583 125,576 142,351 143,654 Engineering 698,835 656,688 696,239 724,2791 Municipal Services Streets(1072) 1,084,277 1,018,604 1,053,393 1,096,797 Snow Removal(1073) 205,407 226,895 232,539 246,876 Municipal Services 1,289,684 1,245,499 1,285,932 1,343,673 - --------------- ------------------------- - - -- - ---- ---- - -- --- - - --- Parks and Recreation Park Maintenance(1090) 595,742 608,700 636,713 681,269 Rambling River Center(1093) 169,751 149,166 171,858 181,515 Park&Rec Admin(1094) 248,062 262,158 271,090 282,435 Recreation Programs(1095) 113,259 113,407 113,822 116,770 Swimming Pool(1097) 149,860 135,232 137,339 142,546 j Parks and Recreation 1,276,674 1,268,663 1,330,822 1,404,535 -- - --- ------- ----- - ---------------------- Penn Levy Adj(2015&2016)and 1/3 Delq Exp(2016) 30,000 5,379 Transfers Out 796,007.00 906,607.00 1,023,496.00 1,045,174.00 Transfers Out 796,007.00 906,607.00 1,023,496.00 1,045,174.00 Total Expenditures 11,482,624 11,798,225 12,307,197 13,239,0301 8/31/2016 12:32:44 PM Page 1 of 1 Debt Service Funds Summary *Includes Fund 3005 (formerly 86A) as placeholder for Fire Truck loan, Fund 3093 as Placeholder for 2O15A 195th St Bond Issue 2015 Actual,2016 Budget, 2017 Proposed and 2018 Proposed Company Actual Budget Proposed Proposed 2015 2016 2017 2018 Revenues Property Taxes(i.e.Debt Levy) 2,977,613 2,970,848 3,037,903 3,434,373 Special Assessments 478,658 466,817 437,450 422,823 Deferred Assessments(VRC) 24,943 0 MSA Construction 0 335,000 Interest on Investments 28,495 24,745 23,926 23,926 Total Revenues 3,509,708 3,797,410 3,499,279 3,881,122 Expenditures Principal Repayment 2,899,162 4,527,474 3,110,000 3,320,000 Interest on Debt 965,658 972,115 822,263 729,934 Debt-Fiscal Charges 69,783 29,089 42,355 32,506 Total Expenditures 3,934,604 5,528,678 3,974,618 4,082,440 Other Financing Sources Bond Proceeds 3,050,000 0 Transfers In 946,525 1,878,552 339,552 346,552 Transfers Out (3,305,294) (117,000) (166,000) (166,000) Total Transfers 691,231 1,761,552 173,552 180,552 Change in Fund Balance 266,335 30,284 (301,787) (20,766) 8/31/2016 12:33:38 PM Page 1 of 1 RESOLUTION NO. R64-16 A RESOLUTION APPROVING THE 2016 PROPOSED TAX LEVY COLLECTIBLE IN 2017 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 September 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Donnelly seconded the following: WHEREAS, Minnesota State Statute currently in force requires certification of the proposed tax levy to the Dakota County Auditor on or before September 30, 2016; and WHEREAS,the City Council of the city of Farmington, Minnesota is in receipt of the proposed 2017 revenue and expenditure budget. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the city of Farmington that the following sums of money be levied in 2016, collectible in 2017,upon the taxable property in said city of Farmington for the following purposes: General Fund $9,187,460 Debt Levy + 3,037,903 Gross Levy 12,225,363 Fiscal Disparities - 2,136,834 Net Tax Levy $10,088,529 This resolution was adopted by recorded vote of the Farmington City Council in open session on the 6th day of September 2016. ayor Attested to the 714 day of September 2016. Administrator SEAL 2017 BUDGET Summary of Debt Service levy to be attached and become part of resolution R64-16 Fund Project Levy Amount 3135 2007A GO Capital Improvement Bonds $785,000 (City Hall and 1St Street Garage Projects) 3095 2008AB GO Improvement Bonds 90,000 (Elm Street and 195th Street Projects) 3097 2010A GO Improvement Bonds 457,403 (Police Station) 3096 2010C GO Street Construction Bonds 81,000 (Walnut Street Reconstruction) 3300 2010D GO Equipment Certificates 133,000 (Ice Arena Improvement Project) 3099 2011A GO Improvement Refunding Bonds 316,000 (Main Street Project) 3091 2013A GO Improvement Refunding Bonds 449,000 (Refunding of 2005B and 2006A) 3092 2013B GO Street Reconstruction Bonds 267,000 (Akin East and West Project) 3093 2015A GO Improvement Bonds (195th Street Reconstruction Project) 293,500 Total Bond Financing $2,871,903 3130 2005C GO Capital Improvement Bonds 166,000 (Fire Station#2 Project) Total Debt $3,037,903 The amount levied is less than the required amounts from the payment schedules for some of the bonds. The bonds are listed on the back of Form B which is part of this resolution. The city has sufficient sources to pay the bonds. These sources are listed on Form B.