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Home My WebLink About03.20.17 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA March 20, 2017 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Margaret Stone and Barb Svoboda, Dakota County Library Update Information Received 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 March 6, 2017 City Council Meeting— Administration Approved b) Approve Minutes of the March 13, 2017 City Council Work Session— Administration Approved c) Adopt Resolution Approving a Joint Powers Agreement with Dakota County for a Household Hazardous Waste Collection Event—Municipal Services R17-17 d) Approve Findings of Fact for Approval of Comprehensive Plan Amendment and Rezoning for the Bongard Property Located at 20522 Akin Road— Community Development Approved e) Re-adopt Joint Resolution with Castle Rock Township Establishing an Orderly Annexation Agreement—Community Development R18-17 f) Acknowledge Resignation Engineering—Human Resources Acknowledged g) Approve Staff Issued Business Credit Cards—Finance Approved h) Approve Bills -Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Playground Equipment Purchase and Installation Prairieview Park Approved b) Shelter Purchase and Installation in Prairieview Park Approved 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 2016 Park and Recreation Department Annual Report Information Received 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Accept the Resignation of City Councilmember Tim Pitcher and Declare a Vacancy Accepted 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN y41141* City of Farmington ~a s 430 Third Street Farmington,Minnesota 41'44..4 651.280.6800 -Fax 651.280.6899 .4 pr+ www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Margaret Stone and Barb Svoboda,Dakota County Library Update DATE: March 20, 2017 INTRODUCTION Margaret Stone,Director of Dakota County Libraries, and Barb Svoboda from the Dakota County Library- Farmington Branch,will both be in attendance at the March 20,2017 meeting to provide an update on activities taking place at the library. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Listen to the presentation provided on the Dakota County Libraries and ask any questions that you may have. 411 04 City of Farmington Street ton� °�► e Farmington, Minnesota - 651.280.6800 -Fax 651.280.6899 • r.4 mood www.dfarmington.mn.us TO: Mayor, Counci7members and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the March 6, 2017 City Council Meeting-Administration DATE: March 20, 2017 INTRODUCTION Attached for your review are the minutes of the March 6, 2017 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the March 6,2017 city council meeting. ATTACHMENTS: Type Description © Backup Material March 6, 2017 City Council Meeting Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING MARCH 6,2017 1. Call to Order Mayor Larson called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance Mayor Larson led those in attendance in the Pledge of Allegiance. 3. Roll Call Present-Larson, Craig, Pitcher, Bartholomay and Donnelly Absent-None Staff Present-Administrator McKnight, Finance Director Hanson, Community Development Director Kienberger, Public Works Director Gehler, Parks and Recreation Director Distad, Planning Manager Wippler and Attorney Knutson. 4. Agenda Motion by Bartholomay,second by Donnelly,to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations None 6. Citizen Comments a) Response to Mr. Ellsworth Hoeppner 7. Consent Agenda Motion by Bartholomay, second by Pitcher,to approve the consent agenda: a) Approve Minutes of the February 21, 2017 City Council Meeting-Administration b) Approve Rambling River Center Plaza Concept Development Contract-Community Development c) Approve Request to Waive Fees for 2017 Dew Days-Municipal Services March 6,2017 Minutes -1- d) Approve City Administrative Policies and Procedures- Review, Changes and/or Additions-Human Resources e) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications a) Marigold Park and Prairie Pines Park Master Plans Parks and Recreation Director Distad presented the Marigold Park and Prairie Pines Park master plans. The city council approved an agreement with Hoisington Koegler Group, Inc. (HKGI) at the November 21, 2016 meeting to develop master plans for these two parks. The process used to develop the plans for each park was different. The master plan for Marigold Park was performed largely by city staff due to the small size of the park. The master plan for Prairie Pines Park was led by staff from HKGI and included open houses to gather resident input. The Marigold Park plan includes playground equipment and a shelter. The estimated cost of the project is$63,550. Councilmember Donnelly asked if the parking would be located on the street. Distad stated that is correct. Donnelly also asked if we go out to bid once we decided to build. Distad responded yes. Councilmember Pitcher asked if we have any utilization or use rates for parks. Distad responded no but there are plenty of families in this area. Tim Tollefson of HKGI presented the master plan for Prairie Pines Park. The process for this park involved an open house and public comment. Two concepts were developed as a part of the process along with a trail concept. The estimated cost of the entire project is$412,500, with the trail concept costing$169,650. Councilmember Bartholomay asked about a dog park. Tollefson responded that this was not considered the best area for a dog park. March 6,2017 Minutes -2- Mayor Larson asked about the original development and if there were any dollars set aside for this park or if it was a land donation. Distad reviewed the history of this park which includes a bankruptcy and negotiations by the city with the bank that led to this land donation. Motion by Bartholomay, second by Donnelly,to approve the master plans for Marigold Park and Prairie Pines Park. APIF, motion carried. 11. Unfinished Business a) Application to Amend Comprehensive Plan from Low Density Residential to Commercial and Rezone Property from R-1(Low Density Residential)to B-4 (Neighborhood Business)-Mr. Craig Bongard-20522 Akin Road Planning Manager Wippler reviewed an application to amend the city's 2020 Comprehensive Plan from Low Density Residential to Commercial and rezone property from R-1 (Low Density Residential)to B-4(Neighborhood Business). The subject property is located at 20522 Akin Road. The city council discussed this issue at the February 20, 2017 city council meeting and voted to table this item until the March 6, 2017 city council meeting. State law planning and zoning timelines require the city to make a determination on this application by March 13, 2017. Wippler reminded the city council that a super majority vote is required on comprehensive plan amendments. Craig Bongard shared with the city council that all is trying to do is sell his property. Angie Pacholl, realtor for Mr. Bongard,shared that this has been a long process and the property has always been used as a commercial property. Mr. Bongard has followed the advice provided by the city and appreciated the concerns expressed by neighbors. Mayor Larson stated that the applicant is doing everything we asked. He appreciated all the steps taken by the applicant. He was absent at the last meeting but watched the meeting and shared that this has been a commercial property since 1976. We all want more businesses in the city and he did not want to say no. The conditional use permit rules help make this fit into the neighborhood. Councilmember Craig asked who makes decisions on the conditions set on a property. Wippler stated that the conditional use process is done by the planning commission. Craig asked if we can share information on fencing, berming, etc.with neighbors. Wippler responded we can. March 6,2017 Minutes -3- Councilmember Bartholomay asked about an estimated cost of a lift station. Public Works Director Gehler estimated that it could be in the$150,000 range. Bartholomay asked if mini storage units could be one or two stories. Wippler responded that we do have height restrictions in this zone. Councilmember Donnelly asked if mini storages are allowed as a conditional use. Wippler responded yes. Wippler shared there are allowed and conditional uses in this zone and conditional use are more intense. Craig asked if there is a maximum height to buildings. Community Development Director Kienberger stated that in this zone the building height maximum is 45 feet. Motion by Bartholomay, second by Donnelly,to approve resolution R16-2017 granting a comprehensive plan amendment from low density residential to commercial for the property listed at 20522 Akin Road and adopting ordinance 2017-723 rezoning the property addressed as 20522 Akin Road from R-1 (low density residential)to B-4 (neighborhood business). APIF, motion carried. 12. New Business None 13. City Council Roundtable Bartholomay-Congratulated all of the Farmington High School teams and athletes that recently competed in state tournaments. Pitcher-Congratulated all of the Farmington High School teams and athletes that recently competed in state tournaments. Craig-Reminded everyone that the College Fair will take place at Farmington High School next week. McKnight-Shared that the annual State of the City address will take place on Friday, March 10, 2017 at city hall. Kienberger-Shared that a ribbon cutting will take place at Imperial Family Chiropractic on March 20, 2017. Larson-Shared that the community is invited to the State of the City address on March 10, 2017 and encouraged residents to shop local. March 6,2017 Minutes -4- Adjourn Motion by Bartholomay, second by Pitcher,to adjourn the meeting at 7:48 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator March 6,2017 Minutes -5- Aii �1 f , City of Farmington p 430Third Street Farmington, Minnesota 01 651.280.6800 -Fax 651.280.6899 s 'G•.,,,,0m www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the March 13, 2017 City Council Work Session-Administration DATE: March 20, 2017 INTRODUCTION Attached for your review are the minutes from the March 13, 2017 city council work session. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the March 13, 2017 city council work session. ATTACHMENTS: Type Description D Backup Material March 13, 2017 Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION MARCH 13,2017 Mayor Larson called the work session to order at 5:15 p.m. Roll Call Present-Larson, Bartholomay and Craig Staff Present-Administrator McKnight, Police Chief Lindquist, Community Development Director Kienberger, Public Works Director Gehler, Natural Resource Specialist Dullum, Parks and Recreation Director Distad and Police Officer Van Dorn. Agenda Motion by Bartholomay, second by Craig,to approve the agenda. APIF, motion carried. Safety Training Police Officer Van Dorn led the city council and school board through safety training issues. Both groups thanked Officer Van Dorn for his work on this issue. Rambling River Park Bank and Habitat Restoration Project Parks and Recreation Director Distad shared that the city partnered with the Vermillion River Watershed Joint Powers Organization to apply for a Metro Conservation Partners Legacy Grant for the Rambling River Park Bank and Habitat Restoration Project in Rambling River Park. The grant application was driven due to the need to address the erosion that has been occurring along the Vermillion River bank causing the river channel to move closer to the existing trail in the park behind Schmitz-Maki Arena. This project was awarded a grant for the project that will take place this summer. The trail within the project area,approximately 230 feet long, will need to be closed for up to two months in July and August. The trail reconstruction costs are not included as a part of the grant costs. The DNR is also going to construct a platform adjacent to the river in order to make it accessible for people with disabilities to fish the river. The consensus of the city council was to move forward with the project. The estimated $29,388 trail reconstruction costs will be paid for out of remaining 2016 dollars from the General Fund budget. March 13,2017 Work Session Minutes -1- Emerald Ash Borer Update and Plan Public Works Director Gehler and Natural Resources Specialist Dullum provided an update on the status of emerald ash borer in the area. The city council has discussed this issue at previous work sessions. A complete inventory of trees has been completed by city staff. The city has 3,374 ash trees in the right of way throughout the city. After much discussion city staff proposed the following next steps: 1. Bring the draft Emerald Ash Borer Management Plan to a city council meeting for discussion and approval. 2. Develop an outreach program for homeowners. 3. Begin removal of all poor quality ash trees outside of the flight season (May 1- September 30). 4. Prepare an RFP for treatment of good and fair quality trees over 15" DBH. 5. Discuss city project ash removal policy. City staff and the city council noted that this will continue to be a budget issue as we prepare for and deal with this issue. Heritage Preservation Commission City Code Discussion Community Development Director Kienberger discussed the issue of references to the Heritage Preservation Commission in the city code. The city council eliminated funding for the HPC in the 2017 budget. The consensus of the city council was to remove all language references to the Heritage Preservation Commission in the city code. Downtown Update Administrator McKnight brought up the issue of the appearance of downtown. City councilmembers continue to receive complaints about the appearance of downtown, specifically in regards to the number and location of used vehicles for sale. After much discuss it was decided that city staff will talk to the property/owner manager about this issue. Dakota County Shop Administrator McKnight and Community Development Director Kienberger discussed the current and future status of the Dakota County maintenance shop located on County Road 50. County representatives have been in touch with city staff about this issue for a number of reasons. March 13,2017 Work Session Minutes -2- With future commercial and residential development likely to start in the near future in the area around the county shop the city council agreed with city staff's assessment that the current location of the shop is not the best location for the city and county long term. City staff will communicate this message to the county. McKnight shared that the city currently obtains salt and diesel fuel from this county shop and the city will need to look at other avenues for obtaining these commodities once/if the county shop location is not available in Farmington. Recent City Ordinance Updates Administrator McKnight and Police Chief Lindquist discussed with the city council the recent updates that local cities have been passing in regards to where level three sex offenders can live within their cities. While the city council expressed some concerns on this issue there was consensus to not take any action at this time but to continue to monitor this issue and bring back any relevant updates as they impact Farmington. Sunday Liquor Sales Administrator McKnight reviewed the issue of Sunday liquor sales in Farmington. The newly passed law will allow liquor stores to be open on Sunday's starting July 1, 2017. Liquor Operations Manager Peterson and McKnight have discussed this issue and propose having both our stores open from 11:00 a.m.to 5:00 p.m.to start out. Staff will evaluate options once some time has passed to see if any changes need to be made. Peterson has been working with the managers from Apple Valley and Lakeville to coordinate hours of operation. The city council was in agreement on the approach taken by city staff and requested an update on this issue later this year. Adjourn Motion by Bartholomay,second by Craig,to adjourn the meeting at 7:29 p.m. Respectfully Submitted David McKnight, City Administrator March 13,2017 Work Session Minutes -3- 4114146, City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 44.4 POO' www cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson, Municipal Services Coordinator SUBJECT: Adopt Resolution Approving a Joint Powers Agreement With Dakota County for a Household Hazardous Waste Collection Event-Municipal Services DATE: March 20, 2017 INTRODUCTION Dakota County is offering the City of Farmington an opportunity to partner on a one-day household hazardous waste drop-off day. DISCUSSION Dakota County has partnered with cities to host one-day household hazardous waste drop-off days since 1985. Drop-off days are held annually in communities whose residents are less likely to be adequately served by The Recycling Zone in Eagan. By partnering with the county on a drop-off day in Farmington,the city is able to add a layer of value and service to all Dakota County residents by providing a local opportunity to safely dispose of unwanted paints, solvents, and other household hazardous waste in addition to oil and oil filters, automotive tires, and batteries. Televisions and computer monitors will be accepted for a$10 fee, all other electronics will be free. The county will be responsible for providing equipment, staff,publicity outside of the Farmington area, and coordination and reimbursement of the disposal contractor. The county will also be responsible for delivery and sorting of waste. The county will provide personal safety equipment. The county is requesting that the city provide a site for the collection day, local publicity, a minimum of ten staff people,management of solid wastes and recyclables received during the collection, cardboard recycling, traffic coordination, and the collection and management of lead-acid batteries, tires,used oil, and oil filters. The household hazardous waste drop-off day will be at the Maintenance Facility on Saturday, September 9, 2017. The collection day will start at 9:00 a.m. and end at 1:00 p.m. BUDGET IMPACT Past costs to the city of the Household Hazardous Waste Drop-off Day have ranged from$3,300 to $3,500, including staff; and will be paid out of the 2017 solid waste budget. This expenditure was included in the budget as an anticipated expense. ACTION REQUESTED Adopt a resolution authorizing the city to enter into the joint powers agreement with Dakota County for a household hazardous waste collection event. ATTACHMENTS: Type Description 13 Resolution Resolution [3 Contract Joint Powers Agreement with Dakota County RESOLUTION NO. R17-17 APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Council Chambers of said city on the 20th day of March, 2017 at 7:00 p.m. Members present: Larson, Bartholomay, Craig, Donnelly Members absent: None Member Donnelly introduced and Member Craig seconded the following resolution: WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and, WHEREAS, it is considered mutually desirable to hold a one-day household hazardous waste drop-off day in the city of Farmington; and, WHEREAS, the city of Farmington and Dakota County will share project responsibilities and jointly participate in the costs associated with the project as described in the agreement. NOW THEREFORE, BE IT RESOLVED that the city of Farmington enter into an agreement with Dakota County for the following purposes: To share project responsibilities and jointly participate in the costs to hold a one-day household hazardous waste drop-off day in the city of Farmington as described in the agreement. BE IT FURTHER RESOLVED that the proper city officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the city all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of March, 2017. Mayor Attested to the c, j'- day of March, 2017. Administr toc_Pi SEAL Dakota County Contract C0028892 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF FARMINGTON FOR A HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT WHEREAS, Minn. Stat.§471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties;and WHEREAS, Dakota County(County) is a political subdivision of the State of Minnesota;and WHEREAS,the City of Farmington (City)is a governmental and political subdivision of the State of Minnesota; and WHEREAS,the parties desire to conduct a household hazardous waste and electronics collection event in the City. NOW,THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement,the County and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 • PURPOSE The purpose of this Agreement is to define the responsibilities and obligations of the County and the City for the organization and implementation of a household hazardous waste and electronics collection event to be held in the City during 2017(EVENT). ARTICLE 2 PARTIES The Parties to this Agreement are the County and the City. ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the Parties to this Agreement and shall remain in effect until completion by the Parties of their respective obligations under this Agreement, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 OBLIGATIONS OF PARTIES 5.1 CONTRACTS WITH VENDORS.The packaging,analysis, storage transportation and disposal of household hazardous wastes and electronics generated by the EVENT shall be governed by the terms of separate contracts between the County and its vendors, copies of which will be provided to the City upon request.The packaging, analysis,storage,transportation and disposal of additional items collected by the City at the EVENT shall be governed by the terms of separate contracts between the City and its vendors, copies of which will be provided to the County upon request.The County and the City acknowledge and agree to abide by the terms of said contracts. 5.2 SITE. The collection site for the EVENT will be located at the City of Farmington Maintenance Facility, 19650 Municipal Drive, Farmington. 5.3 GENERAL DUTIES OF PARTIES. Each party shall assist in the organizational duties associated with the EVENT, including site set-up and coordination,volunteer coordination,and publicity for the EVENT. In general,the County will provide equipment,staff, coordination and reimbursement of the household hazardous waste and electronics disposal contractors(vendor).The County will be primarily responsible for collection and sorting of household hazardous waste and electronics.The County will provide personal safety equipment, including gloves,safety glasses and,as needed, protective aprons and/or coveralls for the County and City workers. In general,the City will provide a site at which the EVENT will take place,vendors and staffing for the collection and management of solid wastes(trash), recyclables(including cardboard), lead-acid batteries,and used oil received during the EVENT, and, if planned, may also organize, collect, and properly manage additional items, such as tires, appliances, and scrap metal, received during the EVENT.The City will provide reimbursement to the disposal contractor(vendor)for all planned items collected. In addition,the City will be primarily responsible for traffic control and staffing for the collection of oil filters and antifreeze.The City will provide necessary operational equipment at the site,fire extinguishers, eye wash and emergency shower,forklift and forklift operator, dumpsters, directional signs,sanitary facilities and running water. 5.4 PUBLICITY.The City will provide publicity for the purpose of advertising the EVENT. In publicizing the EVENT, the City shall follow the Communication and Outreach Guidelines for Household Hazardous Waste/Electronics Collection Events attached hereto and incorporated herein by this reference as Exhibit 1. The City will ensure that all EVENT publicity developed by the City is approved by the Dakota County Liaison before being used.The County will provide publicity for the EVENT outside of the City area. 5.5 WORKERS.The County will provide 8 to 10 employees or volunteers to staff the collection site and the City shall provide at least 15 employees or volunteers to staff the collection site specifically at the HHW and electronics collection areas.All workers must be at least 18-years of age and will read and be familiar with the document entitled"Household Hazardous Waste Site Safety Plan"(HHWSP)prior to the EVENT.The HHWSP shall be present and easily accessible to all workers at the site. 5.6 HAZARDOUS WASTE GENERATOR NUMBER. The County will act as the hazardous waste generator for all household quantities of accepted hazardous waste collected at the site during the EVENT. 5.7 ACKNOWLEDGEMENT.The City and County shall appropriately acknowledge each other in any promotional materials, signage, reports, publications, notices and presentations relating to the EVENT.This section shall survive the termination of this Agreement. ARTICLE 6 COSTS 6.1 EMPLOYEES. Each party shall be responsible for payment to their own employees. No party shall be liable to the other party for any remuneration to the other party's employees. 6.2 CITY'S COSTS.The City is responsible for the payment of the costs associated with the following: A. Supplying the operational equipment at the site,fire extinguishers,forklift,forklift operator, dumpsters,chairs, directional signs,sanitary facilities, running water, cardboard recycling,and traffic control and coordination. B. The collection, proper management and disposal of solid wastes(trash), recyclables(including cardboard), lead-acid batteries, used oil and any additional items received during the EVENT, such as tires, appliances and scrap metal. Disposal of City-collected materials shall be governed by agreements between the City and the vendor(s) of its choice. C. The City may charge residents for planned and publicized additional items collected during the EVENT. Any fees collected must not exceed the City's anticipated costs for managing the additional items. 2 6.3 COUNTY'S COSTS. Except as to wastes identified in Section 6.2,the County shall be responsible for the payment of all costs for packaging,storage,transportation and disposal of household hazard waste and electronics collected at the EVENT. ARTICLE 7 INDEMNIFICATION Each Party to this Agreement shall be liable for the acts of its officers,employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other Party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch.466 and other applicable laws govern liability of the County and the City. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch.466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES.The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement.These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement,or in a modification of this Agreement: TO THE COUNTY: Georg T. Fischer Environmental Resources Department Director 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: Todd Larson Mayor,City of Farmington 430 Third Street Farmington, MN 55024 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS.To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison.At the time of execution of this Agreement,the following persons are the designated liaisons: County Liaison City Liaison Rolland Meillier Lena Larson Telephone: (952)891-7545 Telephone: (651)280-6905 Email: Rolland.meillier@co.dakota.mn.us Email: Ilarson@ci.farmington.mn.us ARTICLE 9 TERMINATION 9.1 IN GENERAL. Either Party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving 30 days'written notice, of its intent to terminate,to the other Party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party.Termination of this Agreement shall not discharge any liability, responsibility or right of any Party,which 3 arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 9.2 TERMINATION BY COUNTY FOR LACK OF FUNDING.Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies,or other funding source, or if funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement.Written notice of termination sent by the County to the City by facsimile is sufficient notice under this section.The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding.The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 10 GENERAL PROVISIONS 10.1 SUBCONTRACTING.The Parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all Parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld.The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. 10.2 EXCUSED DEFAULT—FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible.Acts and events may include acts of God, acts of terrorism,war,fire,flood, epidemic,acts of civil or military authority, and natural disasters. 10.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either Party for breach of this Agreement are cumulative and may be exercised concurrently or separately,and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default.Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 10.4 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities,programs and staff for which either Party is responsible. 10.5 MODIFICATIONS.Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by the authorized representatives of the County and the City. 10.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 10.7 MERGER.This Agreement is the final expression of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 10.8 SEVERABILITY.The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void,invalid, or unenforceable,such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void,invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)indicated below. - APPROVED AS TO FORM: DAKOTA COUNTY /s/Helen R. Brosnahan 3/6/17 By Assistant County Attorney/Date Georg T. Fischer, Environmental Resources Director KS-17-116-003 Date of Signature: County Board Res. No. 17-097 CITY OF FARMINGTON By - odd Larson, Mayo` Date of Signature: 9-7''7ca- a®i Gen/) By c� vi 1A1 /&�/ City Clerk Date of Signature: 9 FRO/"7 5 Exhibit 1 Communication and Outreach Guidelines for Household Hazardous Waste/Electronics Collection Events To create consistency in the household hazardous waste promotions, Dakota County is asking the cities hosting household hazardous waste collection events to follow the these guidelines in city electronic and print communications, including flyers, mailers,websites, E-News and other promotional materials. A. Required content: City communication pieces should contain the following information: 1. Use"Dakota County and City of(insert City name here)Household Hazardous Waste Collection Event°as a description of the collection. 2. Use the City and Dakota County logo. See Section C. below for more details on the County's logo. 3. Date, Day, Hours, and Address of the Household Hazardous Waste Collection Event. 4. List of household hazardous waste items(and other waste–e.g., electronics)that will be accepted). Include as many examples as space allows. See Section D. below for more details. 5. Clarify that household hazardous waste drop off is free,TVs and computer monitors will be charged$10, and other electronics are free,and that drop off is open to all county residents, such as: o "Drop off is open to all County residents."or o "All Dakota County residents can drop off household hazardous waste and electronics." or o "Household hazardous waste—such as leftover paint, household cleaners,driveway sealers, lawn and garden chemicals,fluorescent bulbs and automotive fuels will be collected at the household hazardous waste drop-off day for free from all Dakota County residents.' o "TVs and computer monitors will be charged$10, all other electronics are free" 6. Identify that a driver's license is required. 7. Identify a city phone number and website for residents to get more information. 8. Acknowledge County support,such as:"The Household Hazardous Waste Collection Event is partially funded by the city of(insert city name here), Dakota County and the Minnesota Pollution Control Agency." NOTE:"partially funded"is the required terminology for Dakota County acknowledgement; do not use"sponsored by." 9. A list of unacceptable items(e.g., no business,farm or yard waste) 10. If space allows on the communication piece include information that The Recycling Zone is open year-round for residents that cannot make it to the collection event. Include The Recycling Zone's website(www.dakotacounty.us,search Recycling Zone)and the phone number(651-905-4520), if possible. It is preferred this be listed under"What if I Can't Take it to the Household Hazardous Waste Collection Event?"at the bottom of the piece or away from the Collection Event location information to avoid confusion. B. Terminology. City communication pieces should use the following terminology: Use this: Avoid this: Household Hazardous Waste Collection Event Event or Clean-Up Day Household Hazardous Waste, Household Household waste, hazardous materials or Chemicals HHW Electronics E-waste 6 Small household electronics Small appliances C. Images. Images of Dakota County's logo and household hazardous waste and electronics can be found in the Household Hazardous Waste, Electronics and Small Household Electronics toolkits at the Local Solid Waste Staff SharePoint site or on the Minnesota Pollution Control Agency website under Marketing Your HHW program. Preferred images include, but are not limited to: 1111 - • 4. our: r Dakota County logo Household hazardous Electronics Small household waste electronics D. List of types of wastes accepted. The list below includes items that have been collected at Household Hazardous Waste Collection • Events. Items on the Household Hazardous Waste, Electronics and Small Household Electronics lists are collected at all Household Hazardous Waste Collection Events. It is best to include the entire list when promoting for websites, E-News and phone inquiries. If the list needs to be pared down (e.g.,for print pieces), please use the material names identified below by an asterisk (*). Household hazardous waste ■ Aerosols* • Antifreeze ■ All batteries* ■ Driveway sealer • Fluorescent light bulbs and tubes* • Household cleaners ■ Gasoline and other fuels ■ Lawn and garden chemicals* • Mercury thermometers and thermostats ■ Oil/Oil filters • Paint—latex or oil* ■ Paint thinner • Pesticides ■ Propane tanks/gas cylinders ■ Varnish and Stains ■ Weed and insect killers • Wood preservatives • Most products labeled dangerous, flammable, combustible, poisonous, or corrosive* Electronics 7 A Answering machines • Cell/smart phones* ▪ Copiers(desktop only) ▪ Computer hardware* (Keyboards,laptops,mouse,towers, hard drives, modems etc.) • Computer monitors($10 fee per item)* • DVDNHS players mi Handheld gaming systems ▪ Fax machines(desktop only) • iPods®, MP3 and other portable media players ▪ Printers(desktop only) • Scanners(desktop only) ▪ Stereo/radio equipment* o Tablets and e-readers ® Telephones • Televisions($10 fee per item)* ▪ Video game consoles/equipment Small household electronics (please remove batteries from all items) • Blenders(remove jar/lid)* ▪ Bread makers • Cameras ® Carpet sweepers • Clocks E Clothing irons • Coffee makers(remove glass pot)* • Electrical knives ▪ Electric toothbrushes ■ Fans • Food sealing equipment • Fryers ▪ Hair dryers and irons m Heaters • Holiday lights/cords Metal tools(drills,screwdrivers, sanders,small saws, etc.) o Mixers • Remotes ▪ Shaving equipment 13 Sewing machines ® Toasters and toaster ovens* ▪ Vacuum cleaners(remove bags)* E. County Review and Approval. Ensure all communications pieces are reviewed and approved by the County Liaison before they are used or published. 8 oEFp►R,y City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 e��.A www.cifarmington.mn.us TO: Mayor, Counci7members and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Approve Findings of Fact for Approval of Comprehensive Plan Amendment and Rezoning for the Bongard Property Located at 20522 Akin Road-Community Development DATE: March 20, 2017 INTRODUCTION At the March 6, 2017 regular city council meeting the city council voted to approve a comprehensive plan amendment and rezoning for the property located at 20522 Akin Road. The requested comprehensive plan amendment was to change the land use designation for the property from low density residential to commercial and to rezone the property from R-1 (Low Density Residential)to B-4 (Neighborhood Business). DISCUSSION Findings of fact should be adopted by the city council for the approvals that were given. Attached, for the city council's review and approval are findings of fact as drafted by the city attorney. BUDGET IMPACT NA ACTION REQUESTED Review and approve the attached findings of fact for the approval of the comprehensive plan amendment and rezoning for the property located at 20522 Akin Road. ATTACHMENTS: Type Description © Backup Material Findings of Fact CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA In Re:Application of Craig Bongard FINDINGS OF FACT for Comprehensive Plan Amendment AND DECISION and Rezoning for Property at 20522 Alun Road(March 6,2017) On March 6, 2017, the Farmington City Council met to consider an application from Craig Bongard, 2925 Plantation Road, Winter Haven, Florida 33884, for an amendment to the City's Comprehensive Plan from Low Density Residential to Commercial, and Rezoning from R-1 (Low Density Residential) to B-4 (Neighborhood Business), for property at 20522 Akin Road ("Subject Property"). The Subject Property for the request is 4.79 acres located east of Akin Road and north of Farmington Lutheran Church. The application, dated January 13, 2017, has been reviewed by city staff, the Planning Commission following a public hearing on February 14,2017,and by the City Council. The City Council of the City of Farmington, at its meeting, having considered the City's Comprehensive Plan, staff reports, the report and recommendation of the Planning Commission, written materials submitted by the applicant; having heard testimony from all interested persons wishing to speak; and based on its knowledge of the community;now makes the following: FINDINGS OF FACT 1. The Subject Property is located in an area designated by the City's Comprehensive Plan as Low Density Residential, and is zoned consistent with the Plan as R-1 Low Density Residential. 2. The Comprehensive Plan and Zoning designation for the Subject Property has been unchanged for over for over 40 years, but has been allowed for equipment maintenance and storage for most of that time. 3. On August 10, 1976,the City's Planning Commission granted a special exception permit for the Subject Property to allow Equipment Maintenance & Storage, Non-commercial, on this site. The definition for Equipment Maintenance&Storage,Non-commercial,was established by Ordinance No. 076-39 and read as follows: "Equipment Maintenance & Storage, Non-commercial: A building in which is exclusively maintained, repaired or stored, only equipment which is owned and used by the same individual, firm, or organization that owns, rents leases or occupies the building and in which no 189611v2 maintenance, repair or storage of equipment is performed for any other party or person." 4. A special exception permit is similar to what a conditional use permit is in today's zoning code and allows for certain uses of property after review and approval by the Planning Commission or Board of Adjustment. Special exception permits, like conditional use permits, run with the land. Special exceptions no longer exist in the city's zoning ordinance as uses and therefore cannot be amended. 5. The Subject Property has been used in the past for Mr. Bongard's trucking operation in accordance with the aforementioned special exception permit. 6. The surrounding land uses are: Single-family residences are located to the north and west of the Subject Property, Farmington Lutheran Church is located to the south, and farmland is adjacent to the east. The present guiding and zoning of the undeveloped farmland to the east is low density residential. 7. Mr.Bongard previously applied for and was denied guiding and zoning changes to allow B-3 Heavy Business, with the City concluding that the uses allowed in the B-3 zone are not consistent or compatible with the uses surrounding the Subject Property, which are largely residential, reasoning that "the purpose statement for the B-3 states that the uses allowed in this zone are of an intensity that generally do not make them compatible with the other commercial zoning districts within the city,"that"if these uses are not generally compatible with other commercial zones, the B-3 is most certainly not compatible with residential zones" and "the request does not fit into the character of the surrounding neighborhood." 8. Following that denial, Mr. Bongard now seeks guiding and rezoning amendments to the B-4 neighborhood business district designation. Following the public hearing conducted on February 14, 2017, the Planning Commission unanimously recommended approval of the application. 9. The purpose statement for the B-4 zone in the City Code provides: "The B-4 neighborhood business district is intended to provide a setting for low to moderate density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood." 10. The permitted and conditional uses in the proposed district are of an intensity and nature that would be compatible with the surrounding residential neighborhood, complementary to the church use to the south, and appropriate for the higher traffic volume location along Akin Road. 189611v2 DECISION Based on the record developed and presented by the Applicant, Staff, and Planning Commission, and its knowledge and experience of the neighborhood, community, Plan and Code, the City Council of the City of Farmington approves the requested Comprehensive Plan Amendment and Rezoning of the Subject Property subject to and conditioned on statutory review requirements of the Comprehensive Plan by the Metropolitan Council. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: rr � C/r"-A David McKnight, 'stator • 189611v2 4E9City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '-.41.40.4°V .4 „a4°, www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Readopt Joint Resolution with Castle Rock Township Establishing an Orderly Annexation Agreement-Community Development DATE: March 20, 2017 INTRODUCTION On October 17,2016 the city council adopted a joint resolution establishing an orderly annexation agreement with Castle Rock Township. DISCUSSION The joint resolution that was approved this past October(and attached to this memorandum)was created to replace an existing orderly annexation agreement that expired in December of 2016. The attached agreement is very similar to the original agreement that was adopted in 2006. The area of Castle Rock to be included in the orderly annexation agreement is not being modified with the new agreement. The notable changes in the new orderly annexation agreement are as follows: • Includes language that the city will support the future incorporation of the township by resolution and that the city will not take any actions to oppose the incorporation(Section 5 of the agreement). • Under Section 7 of the agreement, 7.5 was added. This section reflects the requirements of Minnesota Statute 414.036 and requires the city to reimburse the Township for unpaid amounts (ie., assessments, or other lawfully imposed amounts)or debt incurred to the Township from a property prior to the effective date of the annexation of said property. • The termination date of the agreement is set for December 31, 2030. • Under Section 11, 11.8 was added which allows an annexed property to detach if the city fails to provide the full range of city services to the annexed property within a reasonable time. As previously mentioned, the city council did approve the attached joint resolution in October of 2016. However,both the city and township must re-adopt the attached joint resolution as a notice of intent to include property in an orderly annexation area was never published prior to the adoptions by the city and township taking place. The State Office of Administrative Hearings,Municipal Boundary Adjustment Unit is requiring both the township and city re-adopt the joint resolution after notice of intent to include property in an orderly annexation area is published at least ten days prior to adoption of the joint resolution. City and township staff were previously under the understanding that the notice of intent was not required as the attached joint resolution was replacing an existing agreement with no changes to the boundary of the orderly annexation area being proposed. The State determined that being the attached agreement(joint resolution)is labeled as a"new" agreement versus an"amendment" to an existing agreement that a notice of intent is required to be published. The notice of intent to include property in an orderly annexation area was published by city staff in the March 9, 2017 edition of the Farmington Independent. The Castle Rock Town Board will act upon the attached joint resolution at their meeting scheduled for April 10, 2017. BUDGET IMPACT Unknown at this time. ACTION REQUESTED Re-adopt the attached joint resolution establishing a new orderly annexation agreement with Castle Rock Township. ATTACHMENTS: Type Description Joint Resolution Establishing an Orderly G1 Resolution Annexation Agreement between the City of Farmington and Castle Rock Township JOINT RESOLUTION ESTABLISHING AN ORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY OF FARMINGTON AND CASTLE ROCK TOWNSHIP City of Farmington Resolution No. R18-17 Castle Rock Township Resolution No. WHEREAS, on September 12, 2006 the City of Farmington("City") and Castle Rock Township ("Town"), entered into an orderly annexation agreement, which expired on December 31, 2016; and WHEREAS,the City and Town desire to enter into a new orderly annexation agreement to accommodate growth in a cooperative,planned, and orderly fashion; and WHEREAS, Minnesota Statutes, section 414.0325 authorizes townships and cities to provide for the orderly annexation of unincorporated areas that they determine are in need of orderly annexation; and WHEREAS, the City and Town agree that there is a public need for the coordinated, efficient and cost-effective extension of sewer and water services to promote economic growth and development, and provide for the efficient delivery of desired or required public services; and WHEREAS,the property depicted in attached Exhibit A("Annexation Area")is about to become urban or suburban in nature and the City is capable of providing sewer,water and other public services within a reasonable time; and WHEREAS,the establishment of a process of orderly annexation of said lands is beneficial to the residents and owners of said lands, and permit the City to extend municipal services in a planned and efficient manner. WHEREAS, the extension of sewer, water, and other public services can only be provided in prioritized phases if the process and timing of service requirements are clearly identified and jointly agreed upon in advance of the City's capital planning, commitment, and expenditure; and WHEREAS, the City and Town desire to accomplish the orderly annexation of the Annexation Area and the extension of municipal services in a mutually acceptable and beneficial manner without the need for a hearing before the Municipal Boundary Adjustments Unit ("MBAU") of the Office of Administrative Hearings, or its successor, and with the purpose of avoiding annexation disputes, enter into this joint resolution and agreement for orderly annexation pursuant to Minnesota Statutes, section 414.0325. NOW, THEREFORE, BE IT RESOLVED,that the City of Farmington and the Town of Castle Rock hereby enter into this Joint Resolution Establishing an Orderly Annexation Agreement (hereinafter referred to as "Agreement") and agree to the following terms: 1. Annexation Area 1.1. The map attached hereto as Exhibit A entitled"Annexation Area" shall be the framework for annexation from 2016 through 2030 (inclusive). The map constitutes the Annexation Area, and denotes areas from which annexation may occur under this Agreement. It is not necessary that all of the land constituting the Annexation Area be annexed within the time period set forth in this Agreement. 1.2. The lands included within the 2016 through 2030 Annexation Area are designated for future urban development within the City. The Town agrees to oppose any efforts to include any of the lands within the Annexation Area into any governmental jurisdiction other than the City unless the City expressly agrees to such annexation. 2. Authority to Annex 2.1. The City shall have the right to annex land from within the Annexation Area during the period from the date of this Agreement through December 31, 2030, provided such annexations occur in accordance with the terms and conditions of this Agreement. The annexation pace shall be consistent with the requirements and standards set forth in the Comprehensive Plan, and zoning and subdivision regulations of the City. 2.2. Annexation will be limited to property that is, at the time of the proposed annexation, contiguous to the corporate limits of the City. 2.3. All annexations shall be subject to the prevailing Comprehensive Plan, the Zoning Ordinance, and subdivision regulations of the City. 2.4. The Town will not file any objection with the MBAU concerning the City's annexation of any land within the Annexation Area described above, so long as the annexation complies with the terms and conditions of this Agreement. 3. Comprehensive Planning 3.1. The City will revise its Comprehensive Plan as needed to address properties located within the Annexation Area. • 3.2. Except as provided in Sections 3.3 or 3.4, the Planning Commission and/or the City Council of the City shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without providing the Town reasonable advance notice of, and a reasonable opportunity to comment on, any such adoption, modification, change or alteration. 3.3. With regard to any proposed industrial or commercial use of property, the Planning Commission and/or the City Council of the City of Farmington shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without the consent of the Town Board, which consent may not be unreasonably withheld. 3.4. With regard to any proposed medium to high density residential, industrial, or commercial use that is proposed to be constructed within 150 feet of the west property line of any Town residence that is located adjacent to Berring Avenue, the Planning Commission and/or the City Council of the City shall not adopt an initial Comprehensive Plan designation for any property located within the Annexation Area, or subsequently modify, change, or alter in any way that initial Comprehensive Plan designation, without the consent of the Town Board, which consent may not be unreasonably withheld. 3.5. With regard to any future development proposed to be constructed along the west property line of any Town residence that is located adjacent to Berring Avenue,the City will not obtain or require any permanent easements or rights- of-way from the owners of the Berring Avenue properties in question. 4. Planning and Land Use Control 4.1. Pursuant to Minnesota Statutes, section 414.0325, subdivision 5(a), the parties agree the City shall have the authority to exercise planning authority within the Annexation Area as provided in this section. Prior to the actual annexation of a parcel of property located within the Annexation Area, the City's exercise of such planning authority shall be limited to adopting a Comprehensive Plan designation for that parcel, which will not affect the parcel's land use unless and until the annexation of the parcel is complete. Upon the effective date of the annexation of a parcel of property into the City, the parcel shall become subject to the City's land use regulations. Prior to the effective date of annexation, the zoning and use(s) of a parcel located within the Annexation Area, and the construction or modification of structures located thereon, shall be controlled by the Town's Comprehensive Plan, Zoning Code, regulations and procedures, unless otherwise agreed to in writing by the City and the Town. 5. Incorporation of the Town 5.1. The City agrees it will support by resolution the future incorporation by the Town as a city and shall take no actions opposing such incorporation. Such incorporation will be consistent with a permanent boundary that does not include any portion of the Annexation Area unless the City and the Town agree to include such portion in the incorporation. 6. Annexation Process 6.1. Annexations within the Annexation Area shall occur only if the owners of the properties to be annexed located within the Annexation Area petition the City for annexation. The City agrees to reject any petition that does not comply with the terms of this Agreement. 6.2. If the City intends to act on a petition to annex a parcel of property within the Annexation Area, the City shall, within 14 days of receipt of a petition to annex such property, submit to the Town the following: (a) The legal description and a map of the property proposed to be annexed; and (b) A description of the proposed use of said property, if known by the City, and with the express understanding that the City reserves the right to accept or reject any such proposed use. Upon receipt of submittals set forth above,the Town shall have 30 days in which to provide comments on the proposed annexation to the City. 6.3. Any time after the 30-day comment period, and review and consideration of any comments provided by the Town, the City may act by resolution to annex the parcel, provided such annexation is consistent with the terms of this Agreement. The Town shall not be responsible for any costs associated with the City's annexation of the parcel including, but not limited to, any fees for filing the annexation with the MBAU. 6.4. During the term of this Agreement, petitions for the annexation of areas located outside of the Annexation Area shall not be accepted, processed or approved by the City without the express written consent of the Board of Supervisors of the Town. This provision shall remain in effect through December 31, 2030 even if this Agreement terminates earlier than December 31, 2030 as provided herein. 7. Road Maintenance and Improvements; Transportation Planning; Road and Bridge Account 7.1. Road Maintenance Prior to Annexation. The Town shall continue its normal maintenance of existing Town roads, bridges, drainage facilities, and street signage for any roads and facilities located within the Annexation Area until the property adjacent to or surrounding such roads and facilities is annexed by the City. 7.2. Joint Maintenance/Improvement Expenses. The City and Town agree to develop a joint policy for sharing the cost of maintaining and improving Town roads that are adjacent to any property that is annexed pursuant to the terms of this Agreement. Such joint policy shall be consistent with the provisions of Minnesota Statutes, section 414.038. 7.3. Joint Transportation Planning. The City and the Town will work in cooperation with Dakota County, MnDOT and developers to ensure that any new development within the Annexation Area properly addresses: (a) the transportation needs of the project; (b) projected impacts on City and/or Town roads, especially those that are likely to result in the need to make improvements or upgrades due to increased traffic and/or different types of usages; and (c) compliance with the transportation system set forth in the City's Comprehensive Plan. 7.4. Road and Bridge Account. The Town shall maintain the road and bridge account it created that is separate from its existing road and bridge account. Payments of the type referred to in Section 9.1 below shall be deposited into the separate account. The Town may annually transfer up to 7.5% of each such deposit into its general revenue fund. Funds in the separate road and bridge account shall be used exclusively for the following purposes: (a) Maintenance. The funds in question may be applied to roadway maintenance costs on Roadway Segments A, B, C or D, as identified on the attached Exhibit B, and on Bening Avenue and 230th Street (b) Improvements. The funds in question may be applied to the cost(s) of constructing, reconstructing, paving or otherwise improving Roadway Segments A, B, C or D, as identified on the attached Exhibit B, and 230th Street. The Town's engineer shall discuss any proposed or anticipated expenditure in excess of$2,500 with the City's Public Works Director prior to the authorization or commencement of the work in question. Any funds that remain in the account upon the expiration of this Agreement shall be returned to the City unless the parties have mutually agreed in writing,prior to said expiration, that those funds may be retained by the Town for other costs attributable to any additional development that occurs within an area subject to any separate Orderly Annexation Agreement between the City and the Town. The funds placed in the separate road and bridge account pursuant to the previous orderly annexation shall remain in the account and shall be used as provided in this Agreement. 7.5. The City shall reimburse the Town for all unpaid amounts the Town assessed, levied, or otherwise placed against property, in addition to the regular assessment of property taxes,whether pursuant to a 429 special assessment project, 365A subordinate service district, a service charge being collected under Minnesota Statutes, section 366.012, or other amount lawfully imposed on the property prior to the effective date of the annexation of the property. The City shall also reimburse the Town for any portion of debt incurred by the Town prior to the annexation and that is attributable to the property annexed,but for which no special assessments are outstanding. The reimbursement of these amounts shall occur in substantially equal payments over a period of not less than two or no more than eight years. 8. Statutory Sharing of Tax Revenues 8.1. Property tax revenue generated by annexed properties shall be allocated between the City and the Town on the following basis: (a) Ash Street Orderly Annexation Area. For any past or future annexations involving properties located within the Ash Street Orderly Annexation Area, property tax revenues related to commercial or industrial properties (only) will be shared by the City and the Town in accordance with the following: Years Starting from when City Percentage of Town Taxes to be Becomes the Levying Authority Paid to Town in the Year 1St Year 90% 2nd Year 70% 3rd Year 50% 4th Year 30% 5th Year 10% 6th Year 0% Any past payments due to the Town pursuant to this provision shall be calculated and paid as if this provision had been in effect as of the date of annexation. Property taxes payable on the annexed land shall continue to be paid to the Town for the year in which the annexation becomes effective. If the annexation becomes effective on or before August 1 of a levy year, the City may levy on the annexed area beginning with that same levy year. If the annexation becomes effective after August 1 of a levy year, the Town may continue to levy on the annexed area for that levy year, and the City may not levy on the annexed area until the following levy year. (b) Future Annexations. For any future annexations of properties located outside of the Ash Street Orderly Annexation Area, property tax revenues related to properties located within the 2016-2030 Annexation Area shall be shared pursuant to Section 9.1 of this Agreement. 9. Tax Rebates to the Town 9.1. Payments to Town. Except as otherwise provided in this Agreement, upon annexation of any land per this Agreement, the Town shall not be entitled to receive tax revenue rebates from the City until such time as the property is developed or redeveloped. When development or redevelopment occurs, and the improved property is assessed in a manner that reflects the value of the completed development improvements,the Town shall begin to receive tax revenue rebates. The tax rebate received by the Town on any given developed or redeveloped parcel shall be equal to 50% of the amount of the City's share of the total property taxes paid on that parcel in the first tax year that reflects the full value of the completed initial improvements. Improvements shall be considered"completed"when the City issues a Certificate of Occupancy. The payments due to the Town pursuant to this Agreement will be made within 60 days of the City's receipt of the property tax revenue(s) in question, or within 60 days of receipt by the City of the annual accounting from the Town, whichever is later. 9.2. The Town will provide an annual accounting of the use of funds from the Road and Bridge Account referred to herein. If the City wishes to challenge the accounting, it may do so at its own expense. If there is an error in the Town's accounting, the error will be corrected by mutual agreement of the parties. If the error is in the Township's favor, the expense the City incurred to audit the Township's accounting will be paid through a reduction of funds owed to the Township pursuant to this Agreement. 10. Dispute Resolution and Amendment 10.1. Disputes concerning this Agreement shall be resolved as follows: (a) Negotiation. When a disagreement over interpretation of any provision of this Agreement occurs, the City and Town must meet at least once, at a mutually convenient time and place, to attempt to resolve the dispute through negotiation. (b) Mediation. If the parties are unable to resolve a dispute, claim or counterclaim, or are unable to negotiate a mutually acceptable interpretation of any provision of this Agreement, the parties may mutually agree in writing to seek relief by submitting their respective grievances to non-binding mediation. (c) Adjudication. When the parties are unable to resolve a dispute, claim or counterclaim, or are unable to negotiate a mutually acceptable interpretation of any provision of this Agreement, or are unable to agree to submit their respective grievances to non-binding mediation, then either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this Agreement and any other available remedies at law or equity, in the case of a violation, default or breach of any provision of this Agreement, the non-violating, non-defaulting, non-breaching party may bring an action for specific performance to compel the performance of this Agreement in accordance with its terms. If a court action is required, the court may reimburse the prevailing party for its reasonable attorney's fees and costs. 11. General Terms and Provisions 11.1. This Agreement may not be modified, amended or altered except upon the written joint resolution of the City and Town, duly executed and adopted by the City Council and Town Board of Supervisors, and filed with the MBAU. Either party to this Agreement may request an amendment. Requests for amendments will first be considered by each jurisdiction's Planning Commission. Their recommendations shall be forwarded to the Town Board and the City Council. 11.2. The City and Town agree to meet jointly on an annual basis to consider and discuss: (a) the usage of the separate road and bridge account funds during the preceding twelve months; and (b) possible modifications to this Agreement. 11.3. The terms, covenants, conditions and provisions of this Agreement, including the present and all future attachments, shall constitute the entire agreement between the parties, superseding all prior agreements and negotiations regarding the Annexation Area(with the exception of any jointly approved roadway maintenance agreements between the City and the Town and any payments owed to the Town pursuant to the previous orderly annexation agreement). There are no understandings, agreements or assumptions other than the written terms of this Agreement. 11.4. This Agreement shall be binding upon and benefit the respective successors and assigns of the City and Town. Specifically, this Agreement is binding upon the governmental entity that survives or is created by any action on the part of the Town to merge, consolidate, detach, annex, reorganize or incorporate. 11.5. This Agreement is made pursuant to, and shall be construed in accordance with, the laws of the State of Minnesota. In the event any provision of this Agreement is determined or adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain full force and effect. 11.6. Upon the filing of this Agreement and resolution with the MBAU, the costs of which shall be paid by the City, the parties will not request any alteration of the boundaries of the land constituting the Annexation Area, or any change in the annexation of land not provided for in this Agreement. The MBAU may review and comment on the annexation resolution, but may not otherwise consider the resolution or alter the Annexation Area boundaries. Within thirty (30) days of receipt of an annexation resolution adopted by the City, which complies with this Agreement, the MBAU must order the annexation of the area described in the annexation resolution in accordance with the terms and conditions of this Agreement. 11.7. This Agreement shall terminate on December 31, 2030, or the date upon which all permitted annexation of land in the Annexation Area has been completed, whichever occurs sooner. Notwithstanding the termination of this Agreement, the following provisions shall remain binding and enforceable after the termination of the agreement for all properties annexed under the terms of this Agreement: (a) Section 7.4—Relating to use of tax rebate funds. Any funds in the separate road and bridge account (Section 7.4 hereof) shall remain available to the Town for the purposes referred to in Section 7.4 until the later of: 1. December 31, 2030, or 2. Two years after the City Council's approval of the last annexation of property located within the Annexation Area that occurs prior to December 31, 2030. (b) Section 9.1 —Relating to tax rebates; and (c) Section 9.2—Relating to annual accounting. 11.8. The City agrees it will provide,or continue to provide,annexed properties with City services in accordance with its usual procedures and policies in the same manner and at the same rates as it provides to other properties in the City. If City fails to provide the full range of the City services to annexed property within a reasonable time under its procedures and policies,the City agrees not to oppose an owner's petition under Minnesota Statutes, section 414.06 for detachment of the property from the City if the owner chooses to bring such a petition. 12. Binding Agreement, Chief Administration Law Judge's Review 12.1. No alteration of the areas set forth herein for orderly annexation, or their boundaries is appropriate. The Chief Administration Law Judge of MBAU may review and comment, but not alter the boundaries. 12.2. This Orderly Annexation Agreement designates certain areas as eligible for orderly annexation, and provides the conditions for the annexation of those areas. The parties agree that no consideration by the Chief Administration Law Judge of MBAU is necessary, and that therefore the Chief Administration Law Judge of MBAU may review, and comment, but shall, within thirty (30) days of the submission of a petition for annexation in conformity with this Agreement, order annexation consistent with the terms of this Orderly Annexation Agreement, and Resolutions submitted pursuant thereto. 12.3. This Agreement is,pursuant to Minnesota Statutes,section 414.0325,subdivision 6, a binding contract on the parties and provides the exclusive procedures by which unincorporated property identified in the Agreement may be annexed to the City. The City shall not annex any property from the Township in any manner,or by any procedure or authority that is not consistent with the terms of this Agreement. The parties do not intend any provision of this Agreement to be preempted by any provision of Minnesota Statutes,chapter 414 or any other law as it may exist or may later be adopted or amended. Adopted on the day of , 2017. BY THE TOWN BOARD Town Chairperson Attest: Town Clerk Adopted on the X''' day of , 2017. BY THE CITY COUNCIL Mayor, City of Farmington Attes ' ty Administr.tor EXHIBIT A Map of Designated Area (Attached hereto) i t r . Nab 1 ( Il_: 4/\ aaa 94'09 ,: 0 a.. NOS2313d �----x____ �' m en a ` i Iii:;' ' = ITT i 93'LL I -- NOS233L d 1 ! Q • I"" j.. l f z I o ' / m�W A�of � E0 ' l` lA r 1 rW 1 IIIIII■/11- . T A'it �im � t�9 'IL'--�-nI- ��t 111 1 \\ i_MN \ na inn Big minaU 1 rue mie lye 1111 in �k,. /t!..NI ,- t. _I. , N 0■i--i--�--a- � i ■111,_ m� l111111 111111 111111 111111k I.N.` j, i �11�1 Lite 1��I�I I r iA�� -Ilia h çP\ Ci.rizil BEM IN ir..d- c ` - mo r IliFin:Ildi am IERKlia i II 1-111/11 � � _, I a s 1 r - I Aim r „ gm_a ,, ; ( \ =1111 I 1 HMI,-014111 ...I .... a mar -Ili III I II i I 111 I ' •.ma An u. ,t `l— 11(TII I =a i env rI: Es ■n pp 2 z z 1 o - r �i�v�1r111 mmHg.".� 1� o ren O h 11110IJ El xi II =1 I II(f�fl M numIllli IPJI L ar �.o o T1 l i\i ,.... 1 n '\ g, . / , _...._—___ a. I II ' I111fI 1 id-11111Thill 1 -7i 111 I • ;v kg, zz'Sfii • i a o N I DV AIM-100 V.1O)1VO 0 i (d I r� 4 YZr ;� O I a ��u I ,,�� tj V co pt cl)> O t� ski ,9'01, 0 _� , Ca ��tyy p i o a a �` n aNNttad 13 �. < > _.._.. ..._. _.. -- _ ... _ Lu 1 iflfl Z In 0 1 • EXHIBIT A • EXHIBIT B Road Segment Map (Attached hereto) 1 W ( - Ico�/ �7 co c�0 N ti Nc�N RAV NIV1Q N N N mu�ti II 11 II ll m 340 Q ,31 i U ❑ Q 0 [ I 1 U LI 3dQt6 [6 AW �.__..._ m H a DAV ADIland m =s = X N 1/4.' DAV 2112NNV ''''tw N Jr O w U , m y w cDAV z co z CO0NH3A1V , I � , =Q I N Q- Co N w N SAV ONNH • f 3AV 2NAVOSI 0 43U f ... „„ Q .1 0 w o I,. H•• o Lo F- � . Ci3 u. o Ifigtig ' L f— c O ^ Malta" - ( -- `cn■ a *WWI c.i. _ P .,.,, w r•„ r�r3 i 1 1 o - o EXHIBIT B EXHIBIT C Legal Description of Designated Area All of Sections 5 and 6, Township 113 North, Range 19 West, Dakota County, Minnesota. EXCEPT the North Half of the Northwest Quarter of said Section 5. ALSO EXCEPT any property within the above described orderly annexation description that is currently within the boundaries of the City of Farmington. 4FaRM City of Farmington 430 Third Street i Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 -.44POO- . WWW.ci.famvngton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation Engineering-Human Resources DATE: March 20, 2017 INTRODUCTION The city has received notice that Mr. Stephen Barber has resigned from his position as Solid Waste/Maintenance Worker. DISCUSSION Mr. Barber has been employed with the City of Farmington since July of 2016 and has been a valued member of the organization. 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. Stephen Barber effective March 28, 2017. o�E1►�►ii4�► City of Farmington et. 430 Third Street f Farmington,Minnesota d�� 651.280.6800 -Fax 651.280.6899 e„ .e PAO. www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Staff Issued Business Credit Cards-Finance DATE: March 20, 2017 INTRODUCTION The city provides business credit cards to staff as needed. DISCUSSION The city has two new staff people who need city issued credit cards. Staff is requesting approval for business credit cards, each with a$2,000 credit limit, as follows: Director of Public Works/City Engineer Katy Gehler Recreation Supervisor Ryan Hayes BUDGET IMPACT This does not affect the city budget. ACTION REQUESTED Authorize staff to add two city business credit cards for the individuals indicated above each with a$2,000 credit card limit. 4 ii r City of Farmington p 430 Third Street Cat Farmington, Minnesota it. 651.280.6800 -Fax 651.280.6899 +r.,�p s wwwci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Approve Bills-Finance DATE: March 20, 2017 INTRODUCTION Attached are the bills for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached bills. ATTACHMENTS: Type Description 13 Backup Material List of Bills A s m nSOWIIn10 m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N ., A 9. 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NNti oG aow z stt N o ° en g PUS a w A U 00 m U 1 a i g F4 31 a 00 o P 00 15 z a IisZ U A0 z a _ ° >, P p d ° a b a A rf PI m ; " Vi WI ti ri PO 4m vni eo 00Q. si R .. .. Ca I?-; VI4 i Z a1 z � � o `4 I:. . , i rg w MA t. S g WW Mb vs. yVM q p . 0 IIvO 41KRd��,16, City of Farmington 430 Third Street Farmington, Minnesota Xa 651.280.6800 -Fax 651.280.6899 '4.P.4 fid www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Playground Equipment Purchase and Installation Prairieview Park DATE: March 20, 2017 INTRODUCTION Staff solicited proposals from seven companies for the purchase of new playground equipment in Prairieview Park. The proposal also requested two separate quotes for the installation of the playground equipment so the city would not have to pay sales tax on the purchase of the playground equipment.A map showing the location of Prairieview Park is included in the meeting packet. DISCUSSION Previously the city council had approved in the 2017 Park Improvement Fund budget funding to replace the playground equipment in Prairieview Park. The project included: • Removal of existing playground equipment(no cost for this service) • Removal of existing concrete border(would be completed by city park maintenance staff) • Purchase and installation of new playground equipment(estimated at$60,000) • Construction of concrete border around new playground equipment(estimated at$10,000) After closer inspection of the existing playground equipment it was found to be in good condition and will not be removed. Instead,new playground equipment will be installed adjacent to the existing playground equipment. As a result of this, staff was able to reduce the amount needed to replace the existing playground equipment from$60,000.00 to $40,000.00. $40,000.00 was budgeted to include a separate play structure for 2-5 year old children and a separate play structure for 5-12 year old children. Installation cost of the playground equipment will also be covered by the$40,000.00 budget. Construction of a new concrete border at an estimated cost of$10,000 was not part of the playground equipment project and quotes for the concrete border will be solicited separately. Staff mailed in January 2017, a request for proposals (RFP)to seven companies soliciting proposals for new playground equipment. Six of the seven companies submitted proposals to the city. One of the companies submitted two different options, so there were a total of seven different proposals. Exhibit A is attached showing a tabulation of the proposals submitted. It is important to note that playground equipment is not standardized as each company has unique equipment so a comparison of one company's playground equipment against another is virtually impossible. Some play components are proprietary in nature and so cannot be matched by other companies. It is for this reason proposals were requested with an identified not to exceed amount of$40,000,which was the revised budgeted amount. Companies then"compete"with one another to submit their best proposal to the city for the not to exceed amount. Because each company has unique playground equipment, each proposal has a unique look to it and the play components,while looking the same, may be built with different types of materials. Each playground proposed functions differently from other playgrounds proposed.As a result it may also be priced differently. The proposals are then ranked against pre-determined selection criteria that were developed before proposals were received. The selection criteria are identified in the RFP so companies that are solicited understand how proposals are compared against one another and how the winning proposal is selected. Sometime this process results in a proposal selected that is right at the budgeted amount and sometimes the proposal selected will come in lower than the budgeted amount. It just depends on which proposal best meets the selection criteria. If specifications were written for only one specific type of playground equipment then other companies would not be able to compete in a bidding process because it wouldn't be able to match the specifications. This could be considered closed specifications,which could result in the specifications being challenged by other companies. In addition,two quotes were submitted by contractors to install the playground equipment proposed. At the March 8,2017 meeting, the Park and Recreation Commission reviewed the seven different proposals submitted and selected playground equipment that is manufactured by Little Tikes Commercial and sold by a company called Northland Recreation,which is located in Woodbury,Minnesota. The cost to purchase the playground equipment is $33,450.00,which includes shipping costs. The city currently has a few parks with Little Tikes Commercial playground equipment. Exhibit B shows the playground equipment being proposed to be purchased. The installation cost is based on the lower of two quotes submitted by contractors,which are shown in Exhibit C. Installation of the playground equipment will be completed by a company called Recreation Services, Inc. at a cost of$6,550.00 An agreement with Recreation Services, Inc. to install the playground equipment is attached. The city has worked with this contractor before and has been satisfied with their work. The commission felt the purchase of the playground equipment submitted in the proposal by Northland Recreation best met the following selection criteria: • submitted a cost estimate that did not exceed $40,000 • the total number of play components that are received for the budget identified compared to other proposals • innovation in design or theme as they are proposing an intergenerational swing • wide variety of activities for all ages of children The commission unanimously recommended to the city council to purchase the playground equipment from Northland Recreation shown in Exhibit B, and to have Recreation Services, Inc. install the playground equipment in Prairieview Park BUDGET IMPACT The original budgeted amount for the purchase and installation of new playground equipment was $60,000. The total proposed cost of the new playground equipment to be purchased and installed is $40,000.00. The purchase and installation of the playground equipment will be paid from the Park Improvement Fund. There is currently$234,418.26 in the fund balance. The fund balance will be reduced to $194,418.26 after the purchase and installation of the playground equipment. ACTION REQUESTED Approve the purchase of playground equipment for Prairieview Park from Northland Recreation at a cost of $33,450.00 and approve the attached agreement with Recreation Services, Inc. for the installation of playground equipment at a cost of$6,550.00. ATTACHMENTS: Type Description [ Exhibit Exhibit A Playground Equipment Tabulation i i Exhibit Exhibit B Playground Equipment Proposal • Exhibit Exhibit C Playground Installation Tabulation • Contract Agreement Form ▪ Exhibit Map Prairieview Park location 0 O C) d c �_ o_ •L a- 400888888 0 0 0 0 O O 0 To N 6 O 6 O 6 0 ND • H OO O O O O O 0 c O) O O O O O O c Q. �fAa(!}ff}Lf} lf}EA 0 O are c� 3 c▪a `. H 4-1 E 0. E2z2 � zzo112z 03m aa� co ` O .u)=_ 13.0 c as �) c 0 O D U u7 • vO _I o •a •a = U CO • OO a O 1C J L 0 CL d m .` co CL ti Oc N a) m CC •N n " c c 0 0 0 E y O o 2 Q a� 0 d tea $ m c o ym HLLIV • T T U CU as .L4 -a U • 22 .0K W II 2,. y H .Y� Al linlKNI 2 �+ - f�- ay EEa H 1 ,y.3�3 �� ii Yid 1a3. . .. 5 " e Es as d11►1►V;I(3'1 •R1IR laAr' @Il Z 4 ,h ! Is ....• ll , iv — 111. O W [H I: • Ai �� 'yi 1 ..v 1{ i lil H e1 .. 1) v A a cr) U — !'_� ___W � �7 ' h9 ,i:r.i t'l i:. . . 'Y I ,F15 HI E--f Ai i!1 El il,if,• r: ,,, . 0 Z to .Lim 1 c: y� :R/ii'® tli H b H O �: bbl Vd�S _ \-c:::-1, , _,/r- ---- i A ir ---, _, _,, . __________________ tg Pm NU, ‘.. _,. .. ,,„„,„.., . ., ..,) ,. ., , , i___.,, E o1,1 r _.,. '" \-14 \ � ` -_-_,(1) • ._._., r U .r rj . j • • O ,.`t 1*../%N v e:14..,;. ,. :: ,. PC,. ft,ri,:'', '"" .:1 1. , — -4,-, - • ..1,r1 . . se • ' .rf n ,1.1 te:'.i' : ,:.,- •N..• : '3 t fl Ll, C ►S. i'. 4 ,g EI ... 0 -5 ! at t Exhibit C Prairieview Park Playground Equipment Installation Tabulation Contractor Name Quote Amount Recreation Services, Inc. $6,550.00 Mulcare Contracting, Inc. $7,610.00 AGREEMENT AGREENICNT made this `' �� day of y✓l�tic.Z , 2017, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and RECREATION SERVICE,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal dated February 17,2017,attached as Exhibit"A." C. Request for Proposal Prairieview Park Playground Equipment Specifications,attached as Exhibit"B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the fust priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid, 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before September 30,2017. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City shall pay the Contractor$6,550.00. Such payment shall be made not later than thirty(30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Mum. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a,the Contractor must pay any subcontractor within ten(10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent(1V2%)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREH k;NSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 2 City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate • Personal Injury,with Rroployment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): • Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and(2) all data, created, collected, received, stored, used, maintained,, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will.give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or teimMation of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved ha the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, Materials, and 3 equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend,hold harmless, and indemnify the City, its officers, agents, and employees,for and against any and all claims,demands,actions,or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party,whether of the same or any other covenant, condition,or obligation, 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision,term, or condition of this Contract is found to be or beconie unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the • parties and is a final,complete,and all inclusive statement of the terms thereof and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 4 Dated: f 4.. .,€€Z0,2017 CITY OF FARMINGTON By: Todd Larson,Mayor \ OA • By: avid McKnight, I + • Di u'stator • • 5 Dated: , 2017 CONTRACTOR: RECREATION SERVICES,INC. By: Its: 6 A- 0,1* City of FFarmington. 4Third Street: • Farmington,Minnesota 651.280.6800 Fax 651.280.6899 41hA moo-.. wwtvol.ftrifliagton.mu.us I'1 A1RIEVIEW PARK PLAY(ROUND PROJECT EQUIPMENT INSTALLATION QUOTE#1 SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Playground Equipment Project. Your project quote should include the following itemized costs: p Cost to install all playground equipment The deadline to subniit your playground equipment installation quote for Prairieview Park is Monday, February 20,2017 no later than 10:00 a.m. Company Information: Theundeuigned,being familiar witb.local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessaryto completely construct the project in accordance with.the - specifications identified previously. Please provide in the space that follows,your company's information. f� U Name of Vendor Submitting Bid: ��G 1�e � Contact Person: 4.,,v/ Address: • Work Phone Number: 102g Email Address: Date Quote Submitted: ,2J7///7 Quote in Prairieview Park Playground Equipment Installation Amount: $ /(tritAlit imivi� City of Farmington 430 Third Street Farmington,Minnesota p �i6 651.280,6800•Fax 651.280.6899 """°�` wwwcifarmington.nm.us EXHIBIT B • FARMINGTON PARKS AND RECREATION DEPARTMENT 2017 PRAIRIEVIEW PARK PLAYGROUND PROJECT REQUEST FOR PROPOSALS JANUARY 13, 2017 I INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for new playground equipment with separate structures for 2-5 year and 5-12 year old children to be purchased and installed in Prairieview Park. The park's address is 1100 12th Street,Farmington,MN.For your convenience there is a map enclosed indicating where the park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the playground equipment is currently located in the park. There should be two separate proposals submitted. One proposal should include information and costs associated with the purchase of the proposed playground equipment for the park. The second proposal submitted should include at least two separate quotes for the installation of the playground equipment,in order to meet the requirements for allowing the city to be exempt from paying Minnesota sales tax on the playground equipment. The deadline to submit your conceptual design plan proposal for playground equipment in Prairieview Park is Monday February 20,2017 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off at the Parks and Recreation Department office located at 430 Third Street Farmington, Minnesota or may be mailed to the same address. An electronic plan may also be submitted but must be in a PDF format. The Park and Recreation Commission(PRC)will be reviewing the conceptual design plan proposals that. have been submitted at its March 8,2017 meeting and will forward to the City Council at that time a recommendation about the vendor the city should purchase the playground equipment from and a recommendation about the contractor the city should hire to install the playground equipment. It is required that this project be completed on or before August 31,2017 Please direct questions about this project to Randy Distad,Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad@ci.farrnington.mn.us SPECIFICATIONS FOR PRS VIEW PARK PLAYGROUND EQUIPMENT 1. The cost for the combined purchase,shipping and installation of the playground equipment should not exceed$40,000.00,with a desired split of$25,000 for a play structure 5-12 year old children may use and$15,000 for a play structure 2-5 year old children my use. 2. In order to meet Minnesota Statute allowing the purchase of playground equipment to be exempt from Minnesota sales tax two separate proposals should be submitted. One Proposal should show the playground equipment and the cost associated with purchasing it. A second proposal should show at least two quotes on the cost to install the playground equipment.In addition the vendor selected for the purchase of the playground will need to enter into purchasing agent contract with the City and complete Form ST3 Certificate of Exemption,which will be provided to the vendor selected after the selection process has been completed. 3. Any playground equipment and installation proposals that are submitted over this amount will be rejected. 4. The quote amount for the purchase of the equipment and two quote amounts for the playground equipment to be installed should be included on the proposal submitted and should also be submitted on the Submittal of Quote Form below. 5. The city shall perform the site work in preparation for the installation of the playground equipment. There currently is existing playground equipment in the park that will remain. The new playground equipment should be integrated with the existing playground equipment. 6. The city shall be responsible for installing a concrete border around the new playground equipment.The City shall perform the construction of a new border to the dimensions indicated in the playground concept chosen by the City. Installation of the border will occur after the playground equipment has been installed. 7. The playground surfacing material will be purchased separately from the proposals submitted. The City shall be responsible for purchasing and immediately installing the surfacing material under and around the playground equipment after it has been installed.Proposals may include a quote based on a cubic yard cost for wood fiber,but in no way does it bind the city to . purchase the wood fiber from the vendor selected. 8. The City is seeking proposals that are innovative or offer unique playground equipment to the city. Selection of the playground equipment will be based primarily on the most innovative and/or uniquely designed playground equipment. There is no preferred theme to follow.It is up to each vendor to submit the most innovative or unique equipment they sell. 9. Number of years the playground equipment is covered under full warranty should be included with the proposal.At a minimum there should be a 20 year warranty on the playground equipment. 10.Poles for the playground equipment should be at a minimum 3 %z inches OD for the playground equipment proposal designed and submitted for 2-5 year old children and at a minimum 5 inches OD for the playground equipment proposal designed and submitted for 5-12 year old children. 11.Paint on all poles,arches,railings and climbers should be powder coated. 12.Dimensions for a concrete border around all playground equipment and swings should be shown on the concept plan. 13.Playground.equipment should be constructed from recycled materials as much as possible.If there is recycled material used in the playground equipment,a percentage of recycled materials used in the construction of the playground equipment should be provided with the proposal submitted if possible. 14.The playground equipment proposal should show separate play structures for ages 2-5 year and 5- 12 year old children. 15.There should be a stand-alone welcome and informational sign that should be included and installed with the playground equipment 16. Components of the playground equipment for 2-5 year old children should meet the following minimum requirements: • There should be at least one play component thst utilizes balance • There should be at least two climbing apparatus that either provide access to a deck or are stand alone structures • There should be a minimum of at least two slides • There should be at least a minimum of two ground level play components with at least one ground level play component being a spring rider and at least one ground level component being some type of play panel • At a minimum the playground equipment should have at least one deck with a roof • At least one bay of two swings at a height of 8 feet with bucket swing seats The proposal submitted should call out the equipment that meets each of the requirements. It is acceptable if the equipment being proposed exceeds the above requirements. 17.If a traditional deck system play structure is being proposed,components of playground equipment for 5-12 year old children should contain at a minimum the following: • at least one ground level play components being a spring rider • at least three slides • at least one component that solely promote the use of upper body muscles. • at least two components that utilizes balance • at least one deck with a roof • at least three climbing apparatus that either provide access to a deck or are stand alone structures • at least one bay of two swings at a height of 10 feet with belt swing seats The proposal submitted should call out the equipment that meets each of the requirements. It is acceptable if the equipment being proposed exceeds the above requirements. 18.A non-traditional,non-deck stand-alone play structure may also be proposed since the existing traditional deck system play structure will remain. 19. Selection of the playground equipment for this project will be based on the following criteria: most innovative and/or uniquely designed;most closely meets the specifications identified above; is able to submit a cost estimate to purchase and install the playground equipment that does not exceed$40,000 for both play structures;the total number of play components that are received for the proposal submitted when compared to other proposals;and the warranty coverage time period. 20. The city reserves the right to reject any and/or all playground equipment proposals submitted. 21.The proposal submitted should include a submittal of one large drawing of the playground equipment that is proposed to be installed that is at least 24 x 36 inch(or as close as possible) colored plan. 22.2 color copies of the proposal on an 8 x/2 x 11 inch size paper should be submitted. On this handout,information should be included that reflects the overall total playground equipment border dimensions that allows all playground equipment and swings sets to fit inside,color scheme,number of play components,names of the play components and carrying capacity of the playground equipment. 23.Please do not submit any catalogs with your proposal. 24.A statement also must be made that the playground manufacturer is a current IPEMA member. +: 25.A statement must be made that the playground equipment complies with all current ASTM and CPSC guidelines and standards. 26.Insurance Requirements are as follows: The vendor's insurance company will waive its right to assert the immunity of the City as a defense to any clsiros made under said insurance. The vendor shall take out and maintain during the life of the contract,vendor's General Liability &Automobile Insurance,including vendor's Contingent or Protective Insurance to protect the vendor from damage claims arising for operations under this contract,which shall protect him or her and any subcontractor performing work covered by this contract,from claims for damages for personal injury including accidental death under this contract whether such operations by him or herself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of the insured shall be as follows: Worker's Compensation Insurance Coverage B—Employer's liability with limits of not less than: $100,000 Bodily injury by disease per employee $500,000 Bodily injury by disease aggregate $100,000 Bodily injury by accident The vendor and his/her subcontractors,if any,must provide Worker's Compensation Insurance for all employees,in accordance with the statutory requirements of the State of Minnesota, including Coverage B,Employer's liability. Evidence of subcontractor insurance shall be filed with the vendor. Automobile Liability Insurance 1. Minimum limits of liability coverage for passenger vehicles such as car,van or pickup truck, unless it be being used to perform the service. If vehicle is towing equipment or a commercial vehicle,and all other vehicles then liability limits shall be the same as required under#c. General Liability Insurance,below. 2.Required Coverages The vendor and his/her subcontractors, if any,shall maintain insurance to cover liability arising out of the operations,use,or maintenance of all owned,non-owned and hired automobiles. Evidence of subcontractor insurance shall be filed with the vendor. General Liability Insurance Minimum limits of liability shall be as follows: • $2,000,000 Per Occurrence • $2,000,000 Annual Aggregate • $2,000,000 Annual Aggregate applying to Products/Completed Operations Insurance coverages should include the following: • Premises and Operations Bodily Injury and Property Damage * Personal and Advertising Injury • Blanket Contractual • • City of Farmington listed as additional insured The vendor shall maintain insurance to cover claims,which may arise from operations under a contract with the City,whether such operations are by vendor or subcontractor or by anyone directly or indirectly employed under this contract. If vendor's work involves working with,or the potential release of,a hazardous substance,then the vendor shall be required to procure double the insurance policy limits of those above. CONTRACT INSURANCE REQUIREMENTS-SUPPLEMENTAL Should your proposal be selected and the City contract with your company,you will be required to submit a Certificate of Liability Insurance policy that will be in compliance with the specifications in the contract An important requirement of the contract insurance is that the City be listed as "Additional Insured"by being added to your liability policy by endorsement. This endorsement must accompany the certificate and must be provided to the City prior to the Contractor beginning any work for the City. It may be mailed via regular U.S.mail to: Mailing address: Randy Distad City of Farmington. 430 Third Street Farmington,MN 55024 or may be emailed to: Email address: rdistad@ci.farmington.mn.us ko```1�A, i, City of Farmington 'z 430 Third Street Farmington, Minnesota /Gip ��~ 651.280.6800•Fax 651.280.6899 moo o�s��4O www ci.farmington.mn.us PRAIRIEVIEW PARK PLAYGROUND PROJECT EQUIPMENT AND MATERIALS QUOTE SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Playground Equipment Project. Your project quote should include the following itemized costs: • Cost for all playground equipment,shipping and other materials The deadline to submit your playground equipment conceptual design plan proposal for Prairieview Park is Monday, February 20,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills, equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Prairieview Park Playground Project Equipment and Materials Total Quote Amount Including Shipping: tItiARgi City of Farmington 430 Third Street Farmington,Minnesota OGOGS 444'. ��p��`� 651.280.6800 Fax 651.280.6899 A www.ci.farmingtonann.us PRAIRIEVIEW PARK PLAYGROUND PROJECT EQUIPMENT INSTALLATION QUOTE#1 SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Playground Equipment Project. Your project quote should include the following itemized costs: • Cost to install all playground equipment The deadline to submit your playground equipment installation quote for Prairieview Park is Monday, February 20,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Quote#1 Prairieview Park Playground Equipment Installation Amount: ao``imint/ ► City of Farmington Imo ' 430 Third Street l�Go Farmington, Minnesota 651.280.6800.Fax 651.280.6899 �a www.ci.farmington.mn.us PRAIRIEVIEW PARK PLAYGROUND PROJECT EQUIPMENT INSTALLATION QUOTE#2 SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Playground Equipment Project. Your project quote should include the following itemized costs: • Cost to install all playground equipment The deadline to submit your playground equipment installation quote for Prairieview Park is Monday, February 20,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: • Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Quote#2 Prairieview Park Playground Equipment Installation Amount: Prairieview Park Location . , 46; i ,. 4. - '-• . ' i-t1 r,i 47 • -. lin 4 A 411'• 1 63.. .01 4. t I , iii.,tit ir. -... 71, „ 4,,r.t ,. :41 :"71...".".• - '11-, • i; I ' 114 t ;II 17; 21' i ', 1 , ,:-,.:141 • :-.. - t• . ' 0. • 1 ; 1 at 0 • ' , )r,: 40:. : i ‘•-• ,: . ti 4 ,•. .-- , . - .!.- -•.4— . . 11, .,,, , -,,c. , , ' i vtr. v•••/. or .-4 Av. 4.4. - ' ', 17 . - 0,.... , . . 4... . „,..4.; LOLCU, ST ST - • k, , . ,'• cow a' i 1 4 , it, '„,' i.,,-.1 I , t 1 • i ___, , „ I. .,... ' f - I i . “ a I.4 .' • . ' „..... -,,, ,,,,,,,„ .t.:. A, • Le, ^ill - -raga!' is 47 ;.;14Ln'i :1 , ,, 1:' .11- . iv Ai — it_!— ., —,_ i ,ife:—. • I- r; .im, , •-- i too , , , _ IliVao.. .ker.! • - CH S ir - -'. --- _ • • •§0, L .. . 7 ig. : ' 'c* •At,,! li irl'in.,!fir' l 1.:21' i:ir 1". 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This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. �o�FARHiiiiii City of Farmington .0. p430 Third Street z Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 °�+t.,,MO www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Shelter Purchase and Installation in Prairieview Park DATE: March 20,2017 INTRODUCTION Staff solicited proposals from seven vendors for the purchase and installation of a new shelter in Prairieview Park. Three proposals were submitted. The proposal also requested two separate quotes for the installation of the shelter so the city would not have to pay sales tax on the purchase of the shelter materials. A map is included showing the location of Prairieview Park. DISCUSSION The city council approved master plan for Prairieview Park shows the construction of a new shelter in the park.Attached as Exhibit A is the approved master plan.The approved 2017 Park Improvement Fund budget included an amount of$35,000 to purchase and install a shelter in Prairieview Park. In January 2017, a request for proposals was sent to seven vendors to solicit proposals for the purchase and installation of a new shelter. Three proposals were submitted. Exhibit B shows the tabulation of the three proposals received. At the March 8, 2017 meeting,the Park and Recreation Commission reviewed the three proposals submitted and selected a Poligon Shelter that is manufactured by Porter Corporation and sold by a company called Northland Recreation,which is located in Woodbury,Minnesota. The cost to purchase the shelter materials is $20,691.00, which includes shipping costs. The shelter being proposed to purchase and construct in Prairieview Park is the same shelter constructed in Lake Julia Park. Exhibit C is attached showing the shelter to be constructed. The installation cost is based on the lower of two quotes submitted by contractors,which is also shown in Exhibit D. Installation of the shelter will be completed by a company called Recreation Services, Inc. at a cost of$14,309.00 An agreement with Recreation Services, Inc. to construct the shelter is attached. The city has worked with this contractor before and has been satisfied with their work. The Parks and Recreation Advisory Commission based their selection of the 30 foot square Poligon Shelter on it best meeting the selection criteria with the primary consideration given to the shelter having the largest roof diameter, the largest amount square foot of roof coverage, and had the lowest price per square foot cost of roof coverage. BUDGET IMPACT The estimated budgeted amount for the purchase and construction of a shelter was $35,000. The proposed total cost of the materials and installation of the shelter is $35,000. The purchase of materials and construction of the shelter will be paid from the Park Improvement Fund. The fund balance of the Park Improvement fund would be reduced to $194,418.26 should the playground equipment purchase and installation cost be approved previously by the city council. The fund balance would be further reduced to $159,418.26 after the purchase and construction of the new shelter. ACTION REQUESTED Approve the purchase of the Poligon Shelter materials being proposed by Northland Recreation and approve the attached agreement form with Recreation Services for the construction of the shelter in Prairieview Park. ,ATTACHMENTS: Type Description ▪ Exhibit Map Praireview Park location • Exhbit Exhibit A Approved Master Plan ® Exhibit Exhibit B Shelter Proposal Tabulation O Exhibit Exhibit C Proposed Shelter Design O Exhibit Exhibit D Shelter Installation Tabulation • Contract Agreement Form Prairieview Park Location "F .t. A, at #Tt• 1 X0111 4• ' la t r, 61 6%, ''"1,.. a w , w* % ` Iil�� .. 1 e*: �"'' ' `n '. a i „a, , `�` �_. �' � -� 1 "� _ T r a ( ,, --'13-I ,b' it +, LOCUST ST C I Gk.' /� t ,o. „ .semJ.t , ,' ,.t,,.- 1 . �,., '` _LARCH S .- _ a �: • t , ,., ` PL AMi IE VIEW ..c 1:.1" L'tr ' "` ' um ' mntrE S7 ! . .� ,. IR .. . - i . GRE=IJWA r f . . , b� * - 4. - ' _ L m I U . 1 14API F ST,:wa. • 0,3. • +r11. 1f ' . dr � r .,� f ti • a ro. I µ' #i Ill . 4: • •josA� '. �,r-'. ',,,, `- -.+V railui ., ' _ ` y f err t L 1 7. „dig IEW Nr... . , r'' yWA..«.s. i-�r{AIrEE�,/A/ ,..! ai....,..- , . .17... i1 : iPii .i ,� � ` �`. �'• ' ' i' ""' ► 11.7.L...LA. . .• . . 'II- • t___.'1! , i . 1711LII iki:.," * i741.1::, ' ., ' irj or f .,?, , ate' . ,� I 'f ' t ' CANTONQp - *'--k,--IV :, , s,..,, 0 4 ' III ! wit-o - ap- it. ., _ ,,...,. , . .., i . March 15, 2017 1:4,800 0 225 450 900 ft 1 r rIl I I 0 65 130 260 m Property Information Disclaimer Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. ON CU CD Cl 0 07U N N k J N H y �s 2a o c w RN^ Z Nz �i C �- Xa .i%o E ------ it $ m 0_, 12TH STREET I 0 / MIL ,A1 114 *IL_ .11) 1M1111"__ _--_____—__ _ - C . tv LL Ly fT• ( co U `^mss. 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Ca Om Gia ■ 2 a) c 2 � ƒ ƒ CU 0- Cs O.C0 = _ CL k g 0- 7:CU (13 _ \ § 4 0 \ 0 E 2 @2 7 § # f e f e $ CO C X22 \ $ � t § , f ,� 2 = � 0 _ 0 § ® 2 2 2 @ 2 O C13 N q2 D- cq § ,- IL 7a � CO Ek O _ k ct e « _ a) e a) % al 9 7 7 A 2 Co % & N N N \ % o a L 2 § E » §ii 4:5 \ n \ • • - LLI Z � If al $ 2 2 . 0 2 E 2 % a• & r Y Q a ss i � � _I :11%, fill;y }St Qz E Ii $0 � . y 1,�1: 4 , a j �I—i i i�Q }Cti111 �T 4.�1 u k S, ti kr. L i 1111::: ill. :� - e s 3 `ct 1 t u �� ia �... �� it 1111 ,4 * ' 1 IL li p,i0 1 0 i i ,iii; 40 *,_ i 1 INJ!.; ..I 110 0 e \,,b 44 ; moi g t f-: 4! had 0 c, AQ0 1 ISI 1 za ;10.'90.p�F Li@{ \ �(c21_1' ;i,1 I C .L'1 � 41111, ...ig.) (,),_ \ r� QI ri + 1 hilt I .: I ? I t i Irl / r '"- Pal ' "\ 1 gF1.4 i cQ.;i i!11141' iii I �� '(!i lk v 1101 ,/41,1111 __..-C t Z ^, 14111 IV C 1 •0iiIN , .1 Ilk 3 alis '1, — NC* 3 ��,� d ts ?m � '< o _IIII IS/•� I L . 861 t 0cE 0. o;`LlIE. :.b o ' � Exhibit D Prairieview Park Shelter Installation Tabulation Name of Vendor Quote Amount Recreation Services, Inc. $14,309 Mulcare Contracting, Inc. $15,250 AGREEMENT AGREEMENT made this Q7014 day of , 2017, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and RECREATION SERVICE,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal dated February 17,2017,attached as Exhibit"A." C. Request for Proposal Prairieview Park Shelter Project Specifications, attached as Exhibit"B". In the event of conflict among the provisions of the Contract Documents,the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into'the • hardware as an integral part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in.the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before September 30,2017. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City shall pay the Contractor$14,309,00. Such payment shall be made not later than thirty(30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Munn. Stat. Section 290.92. A certificate of the commissioner shall satisfy This requirement with respect to the Contractor or any subcontractor. 8. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a,the Contractor must pay any subcontractor within ten(10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor, The Contractor must pay interest of one and one-half percent(1%%)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABLTATY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times thrall•bout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 2 City on an annual basis during the aforementioned period;or if any reason.Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRA1NTTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 3 • equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend,hold harmless,and indemnify the City,its officers,agents, and employees,for and against any and all claims,demands,actions,or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor,shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control, 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party,whether of the same or any other covenant, condition,or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract, 19. SEVERABILITY. If any provision,term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and s all continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final,complete, and all inclusive statement of the terms thereof,and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 4 Dated:"2-7c %(2.0 ,2017 CITY OF FARMINGTON By: r To:CI Larson,Mayor By: David McKnight,City Administrator 5 Dated: ,2017 CONTRACTOR: RECREATION SERVICES,INC. By: Its: 6 0114, City of Farmington 40hirdStreet Y 1,•p ��v>��'1> Farmington,Minnesota•� 651280.6800 Fax 651280.6899 rid NOP' www.oi farmington mn vs • Eitrobi"--1- A QUOTE#1 PRAIRIEVIEW PARR SHELTER.AND CONCRETE INSTALLATION ,SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Shelter Project. Your project quote should include the following itemized costs: • Cost for labor to install the shelter • Cost of concrete material for footings and slab • Labor to pour concrete footings The deadline to submit your shelter and concrete installation quote for Prairieview Park is Monday,February 27,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar 'with.local conditions,having made the field inspections and investigations• deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to famish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: /r,a-zecenribtiti .S k%e Contact Person: 40/1 . - , 5% Address: /� � 1 l,�/, /Ad sT<?*3 Work Phone Number: ' 22 �' � .1- rai Email Address: /d CeJ'ii'J e 4 a/" 60 4 Date Quote Submitted: -V/2//7 Quote#1 Prairieview Park Shelter and Concrete Installation Amount: 3 • objavi„ City of Farmington 430 Third Street .<, x- Farmington,Minnesota �°�a ' 651,280.6800 Fax 651.280.6899 py,�,:4*3! www.d.farmingtonsan.us EDIT B FARMINGTON PARKS AND RECREATION DEPARTMENT 2017 PRAIRIEVIEW PARK SH tilLTER PROJECT REQUEST FOR PROPOSALS JANUARY 20, 2017 • • ori iyc City of Farmington 4�� ` 430 Third Street �XFarmington,Minnesota 10°-.41"---g":"o651280.680•Fax 651.280.6899 bltrA nHDNW19� wwx.ci.farmington,mn.us INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for a new shelter to be constructed in Prairieview Park. The physical address for the park is 1100 121 Street, Farmington,MN 55024.For your convenience,there is a map enclosed indicating where this park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the shelter is to be constructed in the park. The deadline to submit your conceptual design plan proposal for a shelter in Prairieview Park is Monday February 27,2017 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off at the Parks and Recreation Department office located at 430 Third Street Farmington,Minnesota or may be mailed to the same address. An electronic plan may also be submitted but must be in a PDF format. The Park and Recreation Advisory Commission(PRAC)will be reviewing the conceptual design plan proposals. that have been submitted at its March 8,2017 meeting and will be forwarding a recommendation to the City Council for the purchase of the shelter at that time. Please direct questions about this project to Randy Distad,Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad@ci.farmington.mn.us SHELTER SPECW1CATIONS The following minimum specifications must be met: 1. The current budget for the shelter is$35,000.00, Any proposed conceptual design plan proposal that is submitted over this amount will be rejected. 2. The shelter should be either rectangular or square shaped. 3. The roof should have at a minimum an 8:12 pitch. 4. All columns and beams should have a powder coat paint finish prior to installation,which should be included in the estimated price submitted. 5. The roof should include a louver style cupola or similar(see attached photo) and the cupola roof should be the same pitch as the shelter roof proposed. 6. The shelter may have a one or two tier style roof. 7. The roof should be made of at least a 24 gauge painted galvanized steel panels. 8. Posts and beams should be steel with standard square column The diameter of the posts should be in proportion to the building size contained in the proposal. 9. There should be one electrical knockout in each of the posts. 10. The shelter shall have at a minimum a snow load of 50 psf and a 90 mph wind load. 11, There should be at least a minimum of 8 feet head clearance from top of concrete slab to all support beams 12. Footings: The shelter columns shall be anchored to concrete footings that are at least 42 inches deep. A footing detail must be shown on the drawings and the detail must show a depth of at da/otkuri�� City of Farmington 0 430 Third Street Farmington,Minnesota mop Air o 651.280.6800.Fax 651.280.6899 fit• r `5`a www.CL.thnnington.irin.us least 42 inches in order to meet the Minnesota Building Code requirement of the footings being below the frost line.The type of concrete and reinforcement of the concrete to be used for the footings should be identified on the drawings and should be based on the load the footings will carry. 13. Concrete Slab Site and Base Preparation:The following specification should be used when preparing the site for the pouring of the slab: • The site shall be prepared at the appropriate grade for the concrete floating slab.The top of the poured concrete slab forms should be three inches higher than the existing grade. • The base of the floating slab shall be excavated to a depth of 6 inches. • All material excavated shall be removed from the site. • Then 6 inches of class 5 aggregate base, 100%crushed limestone or recycled concrete (MN DOT 3138)should be placed on top of the excavated sub-grade area and compacted. 14. Concrete Slab Pouring and Curing:The following specifications should be used in when pouring the concrete slab: • The concrete slab is allowed to be floating. • The concrete slab shall be reinforced with rebar, Concrete reinforcing steel rebar shall .• conform to the Standard Specifications for Rebar for Concrete Reinforcement of ASTM • A615/A615M:Deformed and plain carbon steel bards for concrete reinforcement. #4 rebar Shall be placed in a 36 inch by 36 inch grid.The bottom of the grid shall be located vertically within the slab 2 inches from the bottom of the slab. A 2 inch clearance shall be maintained between the outside edge of the slab and any rebar. • The concrete mix shall be in accordance with MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 PSI. • The concrete slab shall be at a thickness of four inches(4"). ® The concrete slab shall contain a slope of 1/8 inch drop for every 12 inches of run from center of slab to outside edge. • The foundation and forms shall be thoroughly wetted immediately prior to the placing of the concrete. • The concrete slab shall extend two feet out beyond the perimeter of the shelter roof drip line. O The concrete shall be placed,consolidated to fill all voids,struck off to the required grade and floated smooth. After the water sheen has disappeared,the surface should be lightly brushed to a uniform texture. • In order to deter vandalism to the newly poured concrete slab a member of the crew pouring the concrete slab should remain on site for at least four hours after the crew has finished with the concrete slab, a Within 24-48 hours of the concrete slab being poured all forms civil be pulled and removed from the site. a Within 48-72 hours,the concrete slab shall be scored every four feet across the full diameter of the slab. a The concrete slab should be scored completely around the concrete footings eta� iy��, City of Farmington iri 430 Third Street Farmington,Minnesota `a4 X10 651.280.6800•Fax 651.280.6899 www.ci.farmiagton.mn.us 15. Concrete Clean Up:All excess concrete not used in the project that is contained in.the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner.All forms and any other materials generated from the construction of this project shall be removed by the contractor. If the concrete clean up does not meet the satisfaction of City staff, 10%of the quote will be retained until the site has been satisfactorily cleaned up. 16. Site Restoration:Any turf areas that has been damaged during this project shall be repaired by the contractor. Any areas that have been destroyed,or.areas where ruts or depressions have been created,will be restored to the same grade and condition as the surrounding park turf areas.After the concrete has adequately cured,the City will provide the restoration work along the edge of the concrete slab in order for the grade of the concrete slab to match with the existing grade of the turf areas, 17. Underground Utility Locations: The contractor installing the shelter will be required to place the Gopher One call for locating underground utilities. 18. A statement also must be made somewhere in your proposal that states the shelter construction documents submitted to the City will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. 19. Any other shelter materials and its construction not identified in the above specifications shall comply with all 2012 International Building Code requirements and 2015 Minnesota State Building Code Amendments. 20. Submit on the included Shelter Materials Quote Submittal Form your quote for the total cost of the shelter materials and shipping. 21. Submit on the included Shelter and Concrete Installation Quote Submittal Form two quotes for the cost of labor to construct the shelter and the concrete material and labor and for the footings and slab. 22. A Certificate of insurance must be submitted to the City of Farmington in advance of the project being started.The Certificate of Insurance must list the City of Farmington as"Additional Insured". A minimum$2,000,000 general aggregate and$1,000,000 each occurrence in general liability insurance amounts is required. Worker's Compensation and Auto Insurance must also be included on the Certificate of Insurance. 23. The construction entrance to Prairieview Park is located on the south side of Hickory Street West. All equipment used by the contractor or subcontractor(s)should access the park site via Hickory Street into the park.Under no circumstances should any other entrances to the park be used. 24. Selection Criteria: Selection of the shelter for the park will be based on the following criteria: • most closely meets the specifications identifIed previously ® is able to submit a quote within the identified budget of$35,000 • highest total square footage from inside post to inside post(please identify total square footage somewhere on the conceptual design plan proposal based on inside post to inside post) a innovation or uniqueness in design. m1&my& City of Farmington 430 Third Street Farmington,Minnesota Minnesota N,421. e 651.280.6800.Fax 651.280.6899 r•A van6s. wwsci.fanningtorunn.us 25. The City reserves the right to reject any and/or all picnic shelter conceptual design plan proposals submitted. 26. In order to meet Minnesota Statute allowing the purchase of the shelter to be exempt from Minnesota sales tax two separate proposals should be submitted. One proposal should show the shelter and the cost associated with purchasing it. A second proposal should show at least two quotes on the cost to install the shelter,the cost of concrete materials for the footings and slab and labor to pour the concrete footings and slab.In addition the vendor selected for the purchase of the shelter will need to enter into purchasing agent contract with the City and complete Form ST3 Certificate of Exemption,which will be provided to the vendor selected after the selection process has been completed. FORMAT FOR SUBMITTAL OF PROPOSAL Proposals submitted should include the following information at a minimum so proposals may be comparatively reviewed: • One(1)24 x 36 inches(or as close as possible)colored,is preferred but black and white is acceptable, concept plan for the shelter that is being proposed to be constructed in Prairieview Park. • Two(2)color copies of the concept plan on 81/2 x 11 inch or 11 x 17 inch size paper. On this handout,the following information should be included:the dimensions of the shelter;total square footage;roof pitch;ceiling height;color choices for the roof and the frame; cupola detail and construction material. • identify total square footage somewhere on the conceptual design plan proposal based on inside post to inside post dimensions • A statement must be made somewhere stating the shelter's snow load and wind load amounts. • A statement also must be made that states that the shelter construction documents submitted to the City will carry a Minnesota Professional Engineer stamp with a registration number and signature of a professional engineer. =o� Riiy��, City of Farmington a' 430 Third Street {- � Farmington,Minnesota ''rte 651.280.6800•Fax 651.280.6899 op''`t.4 p1100 www.ci.farmington.mn.us PRAIRIEVIEW PARK SHELTER MATERIALS QUOTE SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Shelter Project. Your project quote should include the following itemized costs: • Cost for all shelter materials and shipping The deadline to submit your park shelter conceptual design plan proposal for Prairieview Park is Monday, February 27,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Prairieview Park Shelter Materials and Shipping Total Quote Amount: ,`pF /ycJ, City of Farmington ,�+�0 430 Third Street Farmington,Minnesota �A'f10 651.280,6800•Fax 651.280.6899 "r'"moo www.cifarmington.mn.us QUOTE#1 PRAIR.IEVIEW PARK SHELTER AND CONCRETE INSTALLATION SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Shelter Project. Your project quote should include the following itemised costs: • Cost for labor to install the shelter • Cost of concrete material for footings and slab • Labor to pour concrete footings The deadline to submit your shelter and concrete installation quote for Prairieview Park is Monday,February 27,2017 no later than 10:00 a.m. Comuanv Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Quote#1 Prairieview Park Shelter and Concrete Installation Amount: Aims,/ �► City of Farmington � ys 430 Third Street •- Farmington,Minnesota .644.*10 651.280.6800•Fax 651.280.6899 A FROO wwwcLfarmington.mn.us QUOTE #2 PRAIRIEVIEW PARK SHELTER AND CONCRETE INSTALLATION SUBMITTAL FORM Submit your company's quote below for the Prairieview Park Shelter Project. Your project quote should include the following itemized costs: • Cost for labor to install the shelter • Cost of concrete material for footings and slab • Labor to pour concrete footings The deadline to submit your shelter and concrete installation quote for Prairieview Park is Monday,February 27,2017 no later than 10:00 a.m. Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof;hereby propose to furnish all labor, tools,materials, skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. Please provide in the space that follows,your company's information. Name of Vendor Submitting Bid: Contact Person: Address: Work Phone Number: Email Address: Date Quote Submitted: Quote#2 Prairieview Park Shelter and Concrete Installation Amount: C A�iiy, City of Farmington t 430 Third Street ;+;— , Farmington,Minnesota ` 651.280.6800 -Fax 651.280.6899 , �° www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: 2016 Park and Recreation Department Annual Report DATE: March 20, 2017 INTRODUCTION The Parks and Recreation Department staff members have collectively compiled an annual report that identifies department accomplishments in 2016. The annual report is attached for your review prior to the meeting. DISCUSSION The Parks and Recreation Department's Annual Report serves as an informative document that celebrates the department's work accomplishments in the past year. The annual report provides information about the projects,programs and ongoing routine tasks that were completed this past year. The annual report serves as a larger snapshot of who we are and what we do on an annual basis.As you review the annual report, it should become apparent that the department has incredibly talented and hard working staff members who accomplished great and important things for the city in 2016. BUDGET IMPACT NA ACTION REQUESTED No action is required. This item is for informational purposes only. ATTACHMENTS: Type Description © Exhibit 2016 Park and Rec Annual Report 3/15/2017 2016 ANNUAL RJQRT .FARMING-f •,,, G LIQUORS - )%." n e � w 41111 ■ +mmonI . , •,,,,,•, 4, TARIIN' PARIS ND (� � RECREIATIONCTON DETAR I.MI.ANI _ ARIES Troy 1111 Park • Old playground equipment was removed, refurbished and sent to a third world country all at no cost to the city • Playground site was regraded and filled to allow for an expanded playground area • Separate play structures were installed for children ages 2-5 and ages 5-12 • New swings were installed • New concrete border was installed around the play structures and swing sets that allows users to walk on • New park benches were installed arourd the perimeter on the concrete border I ARMINGEON PARKS AND Y1 RECREATION DEPAR I MEN 1 3/15/2017 PARKS Tamarack Park Basketball Court Improvements • Existing full court basketball court constructed in 2005 and no surface maintenance work since construction • contractor hired to level and resurface the basketball court and paint new court lines Aft\IINGfON PARKS AND f. NII R1:\'f10N DI rARr\It NT -- PARKS North Creek Park • Hockey boards replaced due to plastic boards becoming obsolete • Partnership with FYHA through a $3,517.46 donation provided to purchase lumber • City purchased hardware and provided labor to remove existing plastic boards and install new wood boards L�, �' LARMINCION PARKS AVD �.t,^t'' I',.I nrCAEATION DFPARI�II V1 f` 2 3/15/2017 24t Annual Arbor Day Celebration • Partnered with fifth grade students from Meadowview Elementary School • 80 students participated in a poster contest • 10 trees planted in Jim Bell Park and Preserve 1�/��!_"�-.(,;.. IAR\11401 ON PARKS AND 5 ) Kir MA I1ON DTPART\ITNT PARKS Outdoor Rinks • Warming houses were open 40 days out ora possible 69 days in 2016,which was open nine clays less than in 2015 •Five pleasure rinks without warming houses were flooded at: Hill Dee Park,Farmington North Avg. Elementary School, Rambling Creek Total Skaters Meadowview Elementary School _ River Park Park Per oily and Tamarack Park 2015 5,591 2,260 7,851 160 2016 3,134 2,053 5,187 130 I ARMING FON PARAS AND \ J RI:CRIATION DTPART.\IFNT 3 3/15/2017 I RAILS Pavement Maintenance Program Year Trail Miles Fog and Crack Sealed 2015 6.0 2016 10.2 Fog sealing and crack sealing occurred primarily on _ the following southeast locations in the city: • Prairie Waterway • Bristol Square Development • Executive Estates Development • Tamarack Ridge Development. ys. ' I1\R.\lINGl OV PRS AVD UCRIA t IONDIARPARIMINI MAIN'I'1EN AN C E Building Improvements • Fire Station #1 concrete apron and driveway was removed and new concrete was poured • Central Maintenance Facility men's and women's locker rooms were repaired due to water leaking behind the wall • I ARMINGTON r\RKs AND RrCRLAIION DIP.\RI\11 NI r`.. y3. 4 3/15/2017 OUTDOOR P0011 Open Swim and Other Programs/Events Attendance Open 63 of a possible 68 days due to either cool,wet or seve weather conditions Attendance 2015 2016 Open Swim 7,652 7,372 Water Aerobics 46 74 Aqua Zumba(new) 17 'I'ween and Elementary(new) 282 242 Events Private Rentals Participants 771 504 Swim Bus Program 536 507 Swim Lessons 256 218 AVD l.. . ®i IT7 MAK_ AREN Progrsand Events Attendance Program/Event Name 2015 2016 Learn to Skate 216 329 Spring Skate Festival 104 107 Halloween Skate 131 150 Skate with Santa 202 225 alloween Skate and Skate with anta Event Donations 21 pounds of food and$67.00 in cash were donated e Farmington Food Shelf RI.Ai704 DET:\RI\1ENT 5 3/15/2017 SCHMI'I Z - MAKI ARF Ice Rentals Hours Revenue GROUP GROUP NAME 2014 2015 2016 NAME 2014 21* F.HA 710 664 692 FYI IA 5147,778 i�5'139,1165 5148,618 HICK IIIGH �a$3,3S7 opfr SCHOOL SCHOOL SENIOR MEN 11111 SENIOR 52,145 54,146 54,815 SUMMER ICE '82 210 f8S _ MEN MISC. --- SUMMER SI2,710 532,444 529,642 ICE TOTAL 1,197 1,315 1,285 v11SC. TOTAL 5249,271 S267,636 5268,437 "before midi ' - FAR\IINC.I ON PARIES AND RICRI+\r1ON DIPARI\II V I A' SC I TT,7 MAKI ART-7,N Improvements • Turf agreement with Farmington Youth Lacrosse Association and turf was installed and used in April and May resulting in$1,800 in revenue generated and 90 hours of rentals • Electric Zamboni resurfacer put into operation in July as a result of a$50,000 Mighty Ducks grant funding,$10.000 contribution from Farmington Liquors,and Bunds that had been set aside in the Arena Capital Improvement Fund from an annual $5.000 donation from FYHA and an annual $20,000 transfer from the General Fund • Sound system replaced with a donation from FYHA of$7.500 to help cover the cost • New chip card reader installed for Point of Sale system keeping the Arena PCI compliant I AR.AIINC.ION PARKS AND RPCRIAIION DI PARIMINI 6 3/15/2017 RFCREA 1 IO1 Events, Youth and Adult Program Participation • 32 programs and events in sports, outdoor recreation and arts and crafts • 135 classes offered in the 32 different programs 5,000 4,500 — ; — 4,000 3,500 3,000 2,500 oAdult Programs 2,000 f -1 -- 11 Youth Programs; 1,500 — — ! o Secial Events 1,000 ' I 11 500 0 I I Y nR\u?croN PARKS A"r2015 2016 RLuu:nnoNDLrnRIMDNI (5,976) (8,344) RECREATON. Number o Volunteers 2015 2016 Flag Football 52 53 Hours Volunte- Coaches Dew Run 17 20 2015 2916 Secret Holiday 58 63 Flag Football 936 954 Shop Coaches Pond&Park 400 400 Dew Run 51 60 Cleanup Secret Holiday 203 221 Total 527 536 Shop Pond&Park 800 800 Cleanup 41100 Total 1,990 2,035 �.IINcKS AN n11ONroN DLPPARARIA11NDT 7 3/15/2017 ]FCR EA I ION Puppet Wagon Project • City staff built the wagon in-house with the help of Farmington School District staff member Heidi Revels and one of her students • CEEF donated$5,000 that was used to purchase new trailer. lumber,sound system and puppets • The Puppet Wagon stops at 8 locations in Farmington and I location in Empire Township on 5 =_ different dates during the summer • A new format including music and mail along with a puppet show was implemented l • 787 people attended the Puppet Wagon shows AR\IIVC ION PARKS AND tAi RLLISI AII(?V DPPARPMFNI E V _L.rNAL'S Music in the Park Series • Concerts held on fourth Thursday in May,June,July,and August • Concerts held in Rambling River Park with an estimated 565 people attending,:` • Sponsorships of$100 by following businesses: • Farmington Liquor Store($200) • Chemquest($400) • Farmington Gymnastics Center • Express Coin Laundry($400) • Trinity Senior Campus • Dakota Electric Association • Park Dental t. • Dominos($200) • IARMINC1 ON PARKS AND 4115l1 RkCR}A TION DIPARIMFN1 8 3/15/2017 1J Y .LJ1 \I.11. s Movie in the Park • • Good Dinosaur was shown in July at Lake Julia Park with an approximate 325 people attending. • A Sponge Out of Water was shown in September at Rambling River Park wit • an approximate I25people attending Sponsored by following businesses: • Dominos$300 • Family Vison Clinic$300 • Farmington Youth I lockey Association$600 • Subway$300 • Falkowski Dentisty$300 • VFW$300 • Nesbit Agencies$300 • Cosmopolitan Orthodontics$300 ,mac• Midwest Dental$300 't.Antic roti PARKS AND ,ING RIVER CEN Volunteers • 3. 2015 2016 Hours 5,944 8,573 Number oft'. Volunteers 107 82 Average 55.55 104.55 Hours/Volunteer ri { tea,, ?r"?'! .MLUGroNPARKS AND • 'MN DtP.\R1\IINK ,& 9 3/15/2017 RAMBLING RIVER CEN TES General Memberships Jack and Bev McKnight Fitness j Center Memberships 600 I I 400 t= 80 70 G MI 300 I 60 0W. 11= 8° O- = 200 f' / ■ 40 /: - 100 � =' 100111 MINI NI IJ� i 2016(381) tots(aoa) 2016(47) 2616(74) ( Ai I ARMING ION PARAS AND RI.CREAIION DIPAR I\II VI RAM I.ILING RIVER CEN']I'ER Programs, Classes and Events Total Participation Number 14,000 ' , , 13,750 13,500 '- 13,250 13,000 '"- 12,750 12,500 '- 12,250 ' •- 12,000 r' 2015 2016 (13,885) (13,042) I ARMKS A RRR}AIVGTONI10V DIPARrAR1'�IEVD.YT 10 3/15/2017 Improvements • 150 new chairs for Banquet Room and 50�,. chairs for Empire Room were purchased wit`., fundraising money and donations • New chairs were purchased for the Nicolai Board Room and Harry and Louise Ross Room through generous donation received from the Rotary Club of Farmington and Farmington Lions Club • New cabinets were purchased and installed in the front desk area through a donation received from the Rotary Club of Farmington organization t 1\I(\f1,'(.Ir -\ ,i,PAR:., ',1- . Jl R ICRF.\I I(,.J DI.'\R INII`:I RAM3LIN G -- ---VER. CENTER 2016 Fundraising and Donations • Arts and Crafts Sale • Kiss the Pig and Bike Auction at Dew Days • Waffle Breakfast • Jeu'elry Sale • Farmington 1'FJV Steak F,y • Happy iJw ry s Furniture • Rotary Club of Farmington • Farmington Lion's Club Cash Donations and Fundraising Profits $21,965.00 I' IARMING TON PARKS AND \I-1 It ICREA IION DLPAR T:\II NT 11 3/15/2017 RAMBI[ RING RIVER CENTER Advisory Board • Seven member City Council appointed board .I I!:4 r• ; I 'q L whose purpose is to advise on Rambling •„ - -- River Center facility,programs and services ,==',...1, '-i. • Board members volunteer many hours of � ; L —, their personal time at the Rambling River Center assisting with operations,during > seven fundraising events and at community 1 events such as the Community Expo and Patriotic Night jr • Worked with staff to purchase new chairs for «nres" �' '�' the Banquet Room,Empire Room,Harry and Louise Ross Room,Nicolai Board Room and 2016 Advisory Board members included front desk area clockwise starting back row left:Chair Fred • Worked with staff and City Council to Schmidtke,Vice-Chair Blanche Reichert, combine Jack and Bev McKnight Fitness Marilyn Briesacher,Marjorie Koski,Sarah Room membership and the regular Rambling Miller,Kay Bennett and Roger Wood River Center membership into one overall membership as part of the 2017 fees structure for the Rambling River Center A"'•i IARSIIV6ION r ARMS AND I,,�+�,) RIC RI.\I ION DU'.\RIMINI } PARK c. RECREATION COMMISSION .:``` • Five member advisory board appointed by the City Council whose role is to advise Councili. on issues related to parks,trails,recreational __ facilities and recreational programs. y .V Accomplishments in 2016 included: 1 }_ 7 := • worked with City Council on the selection of playground improvements in , Troy Hill Park ` I •�t- • A member served on the Recreational • i• Facilities Task Force - • Worked with staff on a Recreational li - Facilities Referendum including an -'I informational brochure that was mailed @ ,': �• to residentsiiiEa • Met wills Empire Township's Park and Recreation Commission to discuss — projects and opportunities for possible2016 Commission members left to righ w: partnerships • Worked with staff and the City Council John Moore,Vice-Chair Robert Carpent on having a 2017 budget approved for Mike Haley,Chair David McMillen'• Prairieview Park improvements and Dustin Johnson I AR:01'4(i'R PA513 AND 1,0+11 RECRTAfON DI PAR MINI 12 VikRMiyc� City of Farmington 04p 430 Third Street "'3. �Y"� Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 `'-"A �°. www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Accept the Resignation of City Councilmember Tim Pitcher and Declare a Vacancy DATE: March 20, 2017 INTRODUCTION City Councilmember Tim Pitcher submitted his resignation as a city councilmember effective March 9, 2017. DISCUSSION City Councilmember Tim Pitcher submitted his resignation effective March 9, 2017. Mr. Pitcher was elected in 2014 and his term runs through December 31,2018. The city's vacancy process is the default state law provision in Minnesota Statute 412.02, subdivision 2a. Since this term expires on December 31,2018 and there is no regular scheduled city election in 2017 the city council process is to: 1. Declare a vacancy on the city council 2. Determine how and it what timeline to solicit letters of interest from qualified candidates BUDGET IMPACT NA ACTION REQUESTED Once the city council has had an opportunity to discuss this issue a motion should be made to declare a vacancy on the city council for the remaining term through December 31, 2018 and provide staff with direction on the process you would like to use to consider qualified candidates for the vacant city council seat. ATTACHMENTS: Type Description ® Backup Material State Statute 1 MINNESOTA STATUTES 2016 412.02 412.02 MS 1945 [Repealed, 1949 c 119 s 110] 412.02 CITY ELECTIONS; OFFICERS,TERMS,VACANCIES,CITY EMPLOYEES. Subdivision 1. Officers elected.The following officers shall be elected for the terms and in the years shown and in the cities described in the table. Officer Number of Year Elected City Elected Years in Term Mayor Two or four Every two years except where four Every statutory city years is otherwise provided pursuant to statute Clerk Four Every four years in year when Every statutory standard plan treasurer is not elected city in which there is no clerk-treasurer Treasurer Four Every four years in year in which Every statutory standard plan clerk is not elected city in which there is no clerk-treasurer Clerk- Four Every four years in year in which one Every statutory standard plan Treasurer council member is elected city where such office exists pursuant to subdivision 3 Three Council Four Two every four years and one in Every statutory standard plan members alternative election city with a council of five Four Council Four Two each election Every statutory optional plan members city with a council of five Five Council Four Three every four years and two in Every statutory standard plan members alternative election city with a council of seven Six Council Four Three each election Every statutory optional plan members city with a council of seven Subd. la.City council;city employees.Neither the mayor nor any city council member may be employed by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as defined by the city's employment policy. Subd. 2. Term. Terms of elective officers shall commence on the first Monday in January following the election at which the officer is chosen.All officers chosen and qualified as such shall hold office until their successors qualify. Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term,a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term.If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 412.02 MINNESOTA STATUTES 2016 2 vacancy and the appointed person shall serve until the qualification of a successor.The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. Subd. 2b. Inability or refusal to serve.A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period.If any of the preceding conditions occurs,the council may,after it has by resolution declared a vacancy to exist,fill the vacancy at a regular or special council meeting for the remainder of the unexpired term, or until the person is again able to resume duties and attend council meetings,whichever is earlier. When the person is again able to resume duties and attend council meetings,the council shall by resolution remove the temporary officeholder and restore the original officeholder. Subd.3. Clerk,treasurer combined; audit standards.(a)In cities operating under the standard plan of government the council may by ordinance adopted at least 60 days before the next regular city election combine the offices of clerk and treasurer in the office of clerk-treasurer,but such an ordinance shall not be effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs.After the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this chapter shall be performed by the clerk-treasurer or a duly appointed deputy.The offices of clerk and treasurer may be reestablished by ordinance. (b)If the offices of clerk and treasurer are combined as provided by this section and the city's annual revenue for all governmental and enterprise funds combined is more than the amount in paragraph(c),the council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures prescribed by the state auditor.If the offices of clerk and treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is the amount in paragraph(c),or less,the council shall provide for an audit of the city's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years,which audit shall be for a one-year period to be determined at random by the person conducting the audit. (c)For the purposes of paragraph(b),the amount in 2004 is$150,000,and in 2005 and after,$150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce. Subd.4. [Repealed, 1973 c 34 s 7] Subd.5. [Repealed, 1983 c 359 s 151] Subd.6.Council increased or reduced.The council may by ordinance adopted at least 60 days before the next regular city election submit to the voters of the city the question of whether the city council should be increased or reduced to seven or five members.The ordinance shall include a schedule of elections and terms to accomplish the change. The proposal shall be voted on at the next city general election and, if approved by a majority of those voting on the question,go into effect in accordance with the schedule. History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s 1-4;1967 c289s2; 1973c34s1; 1973 c 123 art 2 s 1 subd2;art2s2; 1973c492s7; 1974c337s5; 1976c2s 131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996 c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43;2004 c 281 s 2;2010 c 206 s 2 Copyright©2016 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.