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HomeMy WebLinkAbout09.19.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA PRE-CITY COUNCIL MEETING September 19, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be constrned by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING September 19, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS J. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/6/05 Regular) (9/13/05 Special) b) School and Conference - Parks and Recreation c) Capital Outlay - Parks and Recreation d) August 2005 Financial Report - Finance e) Accept Resignation Heritage Preservation Commission - Administration f) Adopt Resolution - Administrative Matters - Administration g) Fire Department Re-organization - Human Resources h) Approve Pedestrian Crossing Everhill Avenue - Engineering i) Approve Change Order - Ash Street - Engineering j) School and Conference - Community Development k) Adopt Ordinance - Text Amendment Park and Trail Dedication Requirements - Parks and Recreation 1) Approve Grant Agreement Safe and Sober - Police m) Approve Cost Sharing Arrangement for City/Township Roads - Community Development n) Approve Bills . PUBLIC HEARINGS a) 2005 Seal Coat Project Assessment Hearing - Engineering 9. AWARDOFCONTRACT Action Taken Approved Approved Information Received Information Received Accepted Rii 0-05 Ord 005-543 Information Received Approved Approved Ord 005-544 Rill-05 Approved Approved Rii2-05 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolutions - Approve Hometown Development Final Plat and Development Contract - Community Development b) Adopt Resolution - Dakota County 2006-2010 eIP - Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCILROUNDTABLE 14. ADJOURN \ Rll3-05 Rll4-05 Rll5-05 City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING September 19, 2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS . CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/6/05 Regular) (9/13/05 Special) b) School and Conference - Parks and Recreation c) Capital Outlay - Parks and Recreation d) August 2005 Financial Report - Finance e) Accept Resignation Heritage Preservation Commission - Administration f) Adopt Resolution - Administrative Matters - Administration g) Fire Department Re-organization - Human Resources h) Approve Pedestrian Crossing Everhill Avenue - Engineering i) Approve Change Order - Ash Street - Engineering j) School and Conference - Community Development k) Adopt Ordinance - Text Amendment Park and Trail Dedication Requirements - Parks and Recreation 1) Approve Grant Agreement Safe and Sober - Police m) Approve Cost Sharing Arrangement for City/Township Roads - Community Development n) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 ~. PUBLIC HEARINGS a) 2005 Seal Coat Project Assessment Hearing - Engineering Page 15 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolutions - Approve Hometown Development Final Plat and Development Contract - Community Development b) Adopt Resolution - Dakota County 2006-2010 CIP - Engineering Page 16 Page 17 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Robin Roland Acting City Administrator SUBJECT: Supplemental Agenda DATE: September 19,2005 It is requested the September 19,2005 agenda be amended as follows: CONSENT AGENDA 7k) Adopt Ordinance - Text Amendment Park and Trail Dedication Requirements - Parks and Recreation Attached is an amended ordinance. The change is at the top of page 2. "land encumbered by" was added as a clarification that the pipeline or easement is included in the property. Respectfully submitted, !/LfW Acting City Administrator ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE FARMINGTON CITY CODE REGARDING CLARIFYING LAND DEDICATION REQUIRED FOR PARKS, TRAILS AND OPEN SPACE AND DEDICATION FORMULA FOR PARKS LAND, TRAILS AND OPEN SPACE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 11, Chapter 4, Section 9 of the Farmington City Code regarding Public Park, Trails and Open Space Dedication is amended by adding the underlined language and deleting the strikeout language as follows: (B) Land Dedication Reauired for Parks. Trails and Open Space. Minnesota Statutes Section 462.358, Subd. 2b provides that municipal subdivision regulations may require that a ~easonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash. In every plat, re-plat or subdivision of land allowing development for residential, commercial, industrial or other uses or any combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots), or when required by Paragraph C below, a reasonable portion of such land shall be set aside and dedicated by the owner or developer to the general public for parks, trails or public open space, or an equivalent amount in cash shall be paid to the City. For purposes of this Ordinance, the term "developer" includes all owners, developers or subdividers who have an interest in or control over the land to be subdivided. It is hereby found and declared that, pursuant to Minnesota Statutes, Section 462.358, Subd. 2b, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in Paragraph C below. It is also found that the primary users of neighborhood parks live in close proximity to the park. Said land shall be suitable for public use as parks, trails, and open space or for one of those purposes, as shall be determined in the sole discretion of the City, and the City shall not be required to accept land which will not be use able for parks, trails or open space or which would require extensive expenditures on the part of the City to make them useable. The City will not give park dedication credit for floodplains, wetlands, stormwater ponding areas, land encumbered by gas pipeline or other utility easements or for required sidewalks or walkways within road right of ways. All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features as much as possible such as river, streams, wildlife habitats, woodlands, and ponding areas. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds or other public purposes. (C) Dedication Formula for Parks Land~ Trails and Open Space. The amount of land required to be dedicated by a developer for park, trail or open space shall be based upon the net area (gross area minus area required for public streets and storm water detention pond areas wetland and floodplain) of the land to be subdivided which could be developed for residential, commercial, industrial or other non-residential purposes[,] shall be determined at the time of preliminary plat approval[,] and shall be calculated as follows: (1) Residential Development. Dwelling Units/Acre 0-2.5 2.6-5.0 5.1-7.5 7.6-10.0 10.1-12.5 12.6-16.0 Land to be Dedicated for Parks, Trails and Open Space 11% 12% 13% 14% 15% 16% For each additiona12.5 units over 16/acre, add .25%. If a lot which was a platted lot before the effective date of this Ordinance is split into two (2) lots, the land to be dedicated shall be five percent (5%) of the original lot. (2) Industrial Development. In industrial developments, five percent (5%) of the gFeSS area net area (gross area minus wetland and floodplain) included in the land to be subdivided shall be dedicated for parks, trails and open space. (3) Commercial Development. The park, trail and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or non-residential subdivision or development shall be five percent (5%) of the gFeSS area net area (gross area minus wetland and floodplain) included in the land to be subdivided. (4) Mobile Home Park Development. The park, trail and open space dedication requirement for a mobile home park shall be based on the same requirements as Paragraph C (l) and shall be determined prior to the developer receiving approval of the site plan for such development. SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this _ day of Farmington. 2005 by the City Council of the City of CITY OF FARMINGTON Kevan A. Soderberg, Mayor ATTEST: City Administrator SEAL Approved as to form the day of ,2005. City Attorney SEAL Published in the Farmington Independent the _ day of . 2005. 7a.... COUNCIL MINUTES PRE-MEETING September 6, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public WorkslCity Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS Ms. Ann Manthey, 104 Spruce Street, a member ofthe School Board stated she has a feeling some comments will be coming forth tonight from others and this is a very heated issue about the high school property. Personally, she feels both sides have been at fault and could have done things differently and that is where we are today. She hoped everyone would be respectful tonight of every other person's opinions, actions and reasonings and try to remember that we cannot take back the words that we say tonight. She wanted everyone to be respectful of each other. 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the capital outlay purchase and asked Finance Director Roland to explain the capital acquisition fund. Finance Director Roland replied the capital acquisition fund is a budgeted fund wherein the money is taken in off the property tax levy for the payment of debt on the bonds issued out of that fund. The Certificates of Indebtedness are the bonds issued out of that fund to purchase in the last two years any piece of equipment in the City and prior to that and subsequent to that, any piece of equipment with a life span longer than the bonds are for. In most cases bonds are issued for five years. This would be equipment such as a snow plow, a grader, or a larger fire truck. Council Minutes (Pre-Meeting) September 6, 2005 Page 2 Councilmember McKnight then asked about the new fire department rescue truck pre- paint inspection and noted this was for four people for three days. Finance Director Roland replied the bid specifications identified up to four persons at the City's expense. The original plan was for it to be for a single day, but it did not work out that way. The money is available as it is part of the bond and part ofthe Fire Department's operational expenses. Councilmember McKnight felt it seemed a little excessive, but as it is part of a bond we cannot save any money. Finance Director Roland stated perhaps in the future they will encourage fewer individuals be included in the bid specs. Councilmember McKnight stated Council can also require this. Councilmember McKnight then asked if the new Kwik Trip LED sign is out of compliance. Community Development Director Carroll replied the LED component is. Stafftold them they would be coming to the Council with a recommendation for LED signs, but the timing was such that Kwik Trip wanted it on for the opening and staff did not tell them they could or could not. Councilmember Pritzlaff asked about the supplemental item regarding the two parcels in the Farmington Business Park. City Attorney Jamnik replied the Farmington Business Park annexation proposal petition that was processed a year ago differed from the final plat legal description and omitted two five-acre parcels that were to be included in the plat. The County Recorder's office identified the error and brought it to staff. The map was correct, but the legal description was in error. The state processes it with the legal description. The resolution needs to be redone and re-submitted to the state. If the matter is returned to the state by September 13, 2005 the annexation should be finalized at their meeting on September 15, 2005. 5. STAFF COMMENTS 6. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 6:41 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/??~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR September 6, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Robin Roland, Acting City AdministratorlFinance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public W orkslCity Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Melody Martagon-Geiger, Jill & Scott Schoening, Dale Cummings, Cheryl Haan, Kris Dunn, Peter & Cindy Faerber, Jared & Theresa Agerter, Ryan Bums, Dale & Cyndy Wetterstrom, Mike & Lisa Lawrence, Jenny Hickey, Bryce & Kim Malone, Tina Weierke, Tracy Weierke, Paul Sand, Terri Uline, Jeff Carpenter, Renee Meyers, Ann Young, Lynda Cavanaugh, Randy Oswald, Ruthe Batulis, Leon Orr, Ann Manthey, Scott & Robin Hansen, Tiffany Nork" Angie Bramer, Kristen Goodreau, Mark Grubb, Mark Looman, Lawry Benson, Patty Stebo, Joel & Sue Baskerville, Victoria Jakubak, Melissa Grebel, JeffSchrafft, John Gilbertson, Glen Hansmann, Bill Toninato 4. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Swearing-In Ceremony - Police Officer Cassie Johnson was sworn-in as a new Police Officer. b) Introduce New Employee - Community Development Ms. Lisa Dargis was introduced as the new Administrative Support Technician in Community Development. Council Minutes (Regular) September 6, 2005 Page 2 6. CITIZEN COMMENTS a) Mr. Bill Fitch - Response Staff sent a response to Mr. Fitch. Mr. Bryce Malone, 18893 Excalibur Trail, stated a lot of things have happened over the last ten months. The message that their organization developed was to get the voice that seemed to not be heard, heard. There are a lot of upset and hurt people in Farmington. It has been difficult for a lot of parents and as members of the community to sit back and see things unfold as they have. As public officials, they hold the Council responsible in a lot of instances. The responsibility does not lie only in the Council's hands, but as elected officials of this community, they hold Council responsible for a lot of the actions that have taken place in the last ten months. They had a very large statement prepared for tonight. Based on it being put on the agenda, they cannot talk about that, but he does want to make it clear they are very disappointed the City can now make available the issues that have been posted on the City's website in the last 48 hours, only after the public formed a group and created a campaign to make sure the people of Farmington were heard again. It is the City's responsibility to make known the facts as to why they oppose such a volatile issue. The school district made their position very well known throughout this campaign by sending out e-mails, sending out mailers and other correspondence. Regardless ofthe validity no efforts were made to contradict or make truths of these statements. Perception is reality. Ifthe City wishes to avoid such a mess in the future, he advised them to make every effort to educate the public, every effort. Excuses are not acceptable and they will hold Council accountable for every action and every item you are either for or against. In lieu of the new information provided only today and in the last 48 hours, they believe there is enough common ground for both the City and the School Board to reach some form of an agreement. He strongly urged the Council to put their best foot forward and do what is best for the children and the future ofthe community. They also suggest that the City makes it clear in a Memorandum of Understanding the expectations in order to approve the site. Keep the people and the constituents that voted for this referendum informed. They are not going to go away. They wanted to make that clear. There is support in this room and there is support outside. This has not gone down right and he felt the Council would agree with that. It is time to be leaders and not politicians. Councilmember Wilson noted Mr. Malone referenced 48 hours and asked what he was referring to. Mr. Malone stated the documentation on the City website. He was referring to the documents referencing the high school site back to November 2004. Mr. Malone encouraged everyone to go to the website as well as the School Board's web site. Councilmember Pritzlaff asked Mr. Malone ifhe was going to give this presentation to the School Board at their meeting as there are two parties involved and Councilmember Pritzlaff stated he believed the second party was more to blame in this. There have been timeframe issues, etc. The City has been dealing with the School Board and when itcomes down to the kids, had it been an ag preserve issue when that came out the school Council Minutes (Regular) September 6, 2005 Page 3 district played with your kids. He has never played with the kids. He voted for this. His request to Mr. Malone was to take this to the School Board at their next meeting. Councilmember Pritzlaffwill be there to make sure it happens. He will take some responsibility, but not a whole lot. This has to be shared with the second party too. Mr. Malone stated we are a group based on fact as we know it. The facts as we have known them place blame in areas he would disagree with. He is not here to point fingers. He fully expects to be at the School Board meeting to let them know how the people feel. There is no winner here. He does not feel like he will win if this school is built like it should be. There has been a wrong that needs to be corrected. If Council feels they are so right and there is nothing they could have done to prevent this mess, then we are done, but Mr. Malone has a hard time believing that. Regardless of how this unfolds, you know how the majority ofthe City feels, and if you want to go against that, by all means do so. Ms. Lacelle Cordes, 1405 Lower Heritage Way, noted under the Consent Agenda is the Separation Agreement and resignation of the City Administrator and asked what the final numbers are that he will be receiving financially and benefits. Finance Director Roland stated they can be made available after the meeting. Ms. Cordes stated so you do not know the numbers you are approving tonight? Finance Director Roland stated we do know the numbers that are involved in the contract, it is in the agenda item. Ms. Cordes asked if Mayor Soderberg could read them off the agenda item. Finance Director Roland replied according to the contract that was signed when the City Administrator was hired, he receives six months salary amounting to $45,000 which is in the budget, there is a $5,000 transition expense and a $500 legal fee. He receives insurance at the current level for 12 months. Ms. Cordes noted it says resignation and asked if this was normal to give a Separation Agreement at such high amounts if the person just resigns. Mayor Soderberg stated the Separation Agreement was worked out between the attorneys. Ms. Cordes stated it is more that he was asked to leave. Mayor Soderberg stated it was a mutual understanding. Ms. Cordes stated he was asked to leave. 7. CONSENT AGENDA MOTION by Wilson, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (8/15/05 Regular) b) Received Information Capital Outlay Park Improvements - Parks and Recreation c) Authorized Capital Outlay - Police d) Received Information July 2005 Financial Report - Finance e) Scheduled September 13, 2005 Workshop - Cataract Fire Relief Pension - Administration f) Accepted Resignation and Approved Separation Agreement - Administration g) Approved Removing Special Assessment 195th Street Assessment Roll - Finance h) Approved Beer License - Administration i) Adopted RESOLUTIONS RI05-05 and RI06-05 Accepting Donations - Parks and Recreation Mayor Soderberg thanked Aquila and Dakota Electric for their donations for Pollution Prevention Day. j) Approved Pre-Paint Inspection Trip - Fire Department Council Minutes (Regular) September 6,2005 Page 4 k) Approved School and Conference - Fire Department 1) Approved Soil Testing Proposal- Parks and Recreation m) Received Information Customer Service Response Report - Administration Mayor Soderberg noted staff received high marks for their good work. n) Approved CLG Scholarship Grant - Administration 0) Accepted Quote Sidewalk Replacement - Engineering (Supplemental) p) Approved Bills q) Adopted Joint RESOLUTION RI07-05 Farmington Business Park Parcels in Castle Rock Township - Community Development APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - LED (Lighted) Signs - Community Development Currently the City Code does not address LED signs so it is currently prohibited. Christian Life Church and K wik Trip have requested permission to install LED signs. Other cities have placed restrictions on LED signs. The Planning Commission did not have an interest in imposing any regulations. The draft ordinance includes the definition of an LED sign, that they can be used by civic, education, non-profit, charitable, religious, commercial or industrial purposes. There are some height and sign area requirements that are consistent with other non- LED signs. There are no restrictions. Staff asked if Council was in favor of LED signs, and if so are they interested in placing any restrictions on them. Councilmember McKnight stated he was concerned with allowing flashing signs and suggested removing that from the ordinance. Councilmember Wilson agreed with having some limitations. Councilmember Pritzlaff asked if something that is flashing is less distracting than something that is scrolling. Staff felt the least problematic would be something where the letters would fade in and out gradually so they would not be flashing. Staffwas concerned with longer messages scrolling across the screen as people have to watch them longer to see what they say. These signs are intended to distract people, but not to create a hazard. Councilmember Fogarty stated she would not want to see something flashing, but felt K wik Trip's sign is appropriate. It is hard to anticipate everything that could be put on an LED sign and felt as things are discovered that are too distracting the ordinance would have to be amended. City Attorney Jamnik suggested adding a sentence stating the LED sign permitted under this section shall comply with 1 0-6-3(C)(I) and' omit the except as allowed in Section 10-6-3(B)(I)(v). MOTION by McKnight, second by Wilson adopting ORDINANCE 005-542 amending Section 10-2-1 defining LED message signs Council Minutes (Regular) September 6, 2005 Page 5 and Section lO-6-3(B)(1) and 10-6-3 (C)(1) allowing LED message signs with adjustments as recommended by the City Attorney. APIF, MOTION CARRIED. b) Discussion of High School Site Mayor Soderberg stated he received two requests from Councilmembers to place this item on the agenda. The question is to reconsider the vote for the high school. The question for reconsideration can only be moved from a member of the prevailing side ofthe issue which would be Mayor Soderberg, Councilmembers Fogarty or Pritzlaff. Mayor Soderberg asked ifthere was a motion to reconsider the high school comp plan request. There was no motion so the issue stands as voted on three weeks ago. Mayor Soderberg stated this does not mean the City is against the high school. As Mr. Malone said there is a lot of information that is available and that people do not have. He submitted a letter saying he failed the residents in telling them his issues. He will talk with Council later in the meeting about establishing a communications policy or some way of communicating information better to the public. The issue regarding the site selection for the school started with a flawed process. The school said they did not want to deal with developers. Sometimes you have to deal with developers. They wanted only to deal with single land owners. For a site that size it paints you into a box because most of the land owners that have parcels that size are developers. The school publicly stated they would not use eminent domain, throwing away the tools the state has given them to make site selections. They do not have to use it, but do not through it off the table. You do not start a building project and throwaway half your tools. There was no City involvement in that process. Staff tried to speak to Council about the issue, tried to get information from district staff, tried to convey concerns along the way and for whatever reason was shut out. Mayor Soderberg stated he was advised to speak out publicly about his concerns with the process and the flaws in it. He was advised to do this last fall. The problem with that is that it had the potential to put the referendum at risk and he did not want to do that. He did choose to speak to the superintendent and board members in November so his concerns with the site were no secret to them. There are problems with the site. Leap frog development is poor planning and goes against all of the regional planning practices for most communities. The Met Council does not approve of leap frog development. It is contrary to the comp plan and zoning. The school district is willing to give a $10 million business subsidy to future developers for that area. Does anyone here think that when developers start building that out that their product will be less in price because they got a road and infrastructure at no cost to them? There is no legal recourse at this time for the school district to reclaim any of that money as that property develops. There are significant additional hurdles such as an EA W, special waters consideration, unknown ponding requirements, whether the requirements would make the site unusable and the Met Council approval is still a question because of the distance from existing development. It creates a host of policy questions that need to be addressed. Council Minutes (Regular) September 6, 2005 Page 6 Last February there were issues identified and concerns about the site from Council. There were verbal promises made by the School Board. There has been no action from the School Board regarding that. There was talk about a Memorandum of Understanding which puts those promises on paper. As recently as today there was balking at the promises. Mr. Malone stated he holds Council accountable. Mayor Soderberg stated he takes his share of the blame for not communicating his concerns. He made a conscious decision to communicate them directly to the School Board. They chose to ignore him. It does not mean he is opposed to a new high school. Mayor Soderberg met with Dr. Meeks on August 19,2005, five days after Council voted. The purpose ofthe meeting was to get going on finding a site both sides can work on, to get it done in time for the kids to be in a new high school. Mayor Soderberg extended a hand to the school to come to the table and get it done. He has not heard anything back. He does not know what more residents want him to do. This does not mean he is not going to retract that hand. He is still offering assistance to get it done and in a timely manner. Mayor Soderberg called for a 10-minute recess. Mr. Jerry Ristow asked ifhe could speak on this item. Mayor Soderberg replied no. Mr. Ristow stated Mayor Soderberg does not want the truth. Why don't you tell the truth to these people that are sitting here tonight? Mayor Soderberg stated we are not going to have any public comment on it. Mr. Ristow stated it is an agenda item. He should have the right to speak on it. Mayor Soderberg stated this is not a public hearing. Mr. Ristow stated you let people speak on any other items. Mayor Soderberg stated that is not true. Mr. Ristow stated they used to be open. Mr. Ristow stated what he said is all bunk, because he approved it all the way up to February 2005. Mayor Soderberg again called a recess and said Council will reconvene at 7:55 p.m. Council reconvened at 7:55 p.m. Councilmember McKnight stated he has received 35-40 e-mails since Council voted three weeks ago. He gives full credit to everyone who sent their opinions and reactions. Three e-mails said they did the right thing. He has been in favor of the site since February. That has not changed. He needed to speak, ifno one else will be allowed to speak, for these people. He will be respectful and professional because that is the tone he expects to set as a City Councilmember. Addressing Mayor Soderberg he stated he was one of two Councilmembers who asked him to place this item on the agenda for reconsideration and he gave the Mayor full credit for putting it out there. When he is finished, he will ask the three who are eligible to consider one more time to make a motion to approve the site for the high school. He is a little disappointed in this issue. He stays professional and does not take personal shots at people and that is the tone he is trying to set. He only speaks since January when he became a part of the Council. When he looks at problems or issues he goes to the core of the issue so that is where he knows where to spend his time. He will say a few things that might irritate a few people Council Minutes (Regular) September 6, 2005 Page 7 and might frustrate some, but so be it. They need to be said. We need to put these issues on the table and talk about them so this City can move forward into the future. When he looks at the school issue, back to January, we have an organizational culture problem in Farmington. This is his personal opinion. He is not blaming or pointing fingers. He is part ofthe City of Farmington. This is his City. He has worked in local government for the past 13 years in a number of different cities and counties and this is the worst organizational culture of any of the entities he has seen. He is not taking shots at anybody. This is his town. He is on the City Council. This is his responsibility too with the four others up here and all of the staff members. He needs to do something to help fix that. We need to do something to fix that as a City Council. This has been cultivated for a long time. He does not care what the reasons are. He wants to solve these and move forward. He takes his one fifth of the responsibility as a City Councilmember. There are some things we have failed you in when it comes to our organizational culture. By organizational culture he means the following, and he is not taking shots at anyone: We have failed you in our leadership role as a City Council. We have failed to say this is where we are going. Get on board. Here is how we are going to get there. Here is where we will be in three months, three weeks, three years. We have failed to say that and ifthere are people who do not agree with where we are going, get another team. We have failed you in communication. The Mayor had his example of what he has done recently to try to resolve that and he gives him credit for that. Councilmember McKnight stated he has failed in trying to show the opportunities the Flagstaff site offers for a new high school. He has failed to show all the possibilities that could be out there in western Farmington. He has failed to show how a comp plan, while a very important document, can and does change in local government. He has failed by not making this a more important issue, the review of the comp plan, something we have not done as a Council since the three of us took office. This is an important document. Ifwe do not review it or at least peruse over it, that is not a plan. Ifwe do not review it every year it is just a piece of paper that sits on a shelf. It is one of our most important documents and if it is that important, he will not disagree with anyone on that, but it can change. The third issue we failed you as a Council. We have not set the right example. We have treated each other with disrespect. We have treated each other in an unprofessional manner. That has to stop from us. We need to be the leaders of this town. We should not be surprised when we perceive we are treated that way by individuals, businesses, school board, whoever. We need to do a better job of that and that starts right now. We have failed in the area of teamwork. This is not a Council of one, two, three, or four, it is a Council of five and we need to act like that. We do not have to agree on every issue. We haven't. He has told people he has lost more votes up here in the last nine months than he lost in his whole life and he is fine with that as long as we are working as a team. We have that Council Minutes (Regular) September 6, 2005 Page 8 opportunity now. We need to start doing it. It needs to start right now. What can he do and what can we do as a Council? We need to grow up as a City Council and he is taking his one fifth ofthe responsibility. He is not pointing fingers at the other four. We need to do a better job for you. We need to be more professional and that starts right now. We need to change the reputation our City has. There is a reason in some people's minds that we are this backwards town that all of a sudden has 20,000 people living in it. We need to work with developers, the people of the school district, the county, whoever it takes to start to change our reputation. We can't put that in a letter to say we are going to do that, we can't put that on our web page. We need to take action. It will take awhile but we are willing to do it. He stated you may think I am totally off base and that is fine. He truly respects everyone's personal opinion. He may be one of three new or green City Councilmembers up here, but he does have the most experience in government. He has seen different governments operate and he knows what he is talking about. This organizational culture affects everyone. It affects us, the staffwho works here everyday and he wants to work to improve that. Work to improve our communication, work to improve our work with other local government entities. Back to the high school issue, he gave the Mayor credit for putting it on the agenda and asked the Council one more time to make a motion to approve the comp plan amendment to allow the high school to be placed on the Flagstaff site so the school district and the City can work with the Met Council on this issue. This is just the start of his discussion and work and our work on organizational culture. We need to get back to the high school issue tonight and do what is right. Mayor Soderberg asked one more time, is there a motion to reconsider. There was no motion. 11. UNFINISHED BUSINESS a) Adopt Resolution - Joint Dispatch Joint Powers Agreement - Police Last May the Council authorized the cooperation and the development of a county-wide dispatch center. This is part of a High Performance Partnership program initiated in Dakota County. A Joint Powers Agreement has been developed. The agreement would commit the City to membership for a minimum of five years. That would allow for a full development of the process and procedure to occur. It would allow for up front costs to be met. After that, the City would be free to explore other dispatching options. During the first year, the City would be committed to assuming 4.83% ofthe total financial obligation for the dispatch center. This represents Farmington's portion of overall activity, police, fire and ambulance activity. After that costs would be based on actual number of calls. Overall direction, oversight and policy for this Joint Powers Agreement would fall under the authority of a board of directors comprised of elected officials from each member organization. The Dakota County Communications Center would be operated under the direction of an Executive Director. A search is being initiated to find an Executive Director. This person Council Minutes (Regular) September 6, 2005 Page 9 would report to an Executive Committee comprised ofthe Administrator from each jurisdiction. They would meet no less than quarterly. An Operational Committee would look at policy and procedure to look at the overall operations. This would be comprised of the Police Chief and Fire Chief along with alternate voting members. Only those people designated would be the voting members. There are no substitutions to these people. During 2006 the City would be obligated to provide $20,000 in funding. The remainder would be provided by other cities and through grant funding obtained by Dakota County. Councilmember Wilson commended Police Chief Siebenaler for his hard work and diligence on this proj ect. Police Chief Siebenaler stated this is the work of a very large and dedicated committee working over many months. Mayor Soderberg stated it has been elected officials as well as staff from all of the member cities and it has taken quite a while to get to this point. Councilmember Pritzlaffthanked Police Chief Siebenaler and the committee for their work. Councilmember McKnight also thanked Police Chief Siebenaler and would like Farmington to take a bigger role in these HiPP projects. He recommended Mayor Soderberg represent the City on the Board of Directors. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION RI08-05 approving the Joint Powers Agreement establishing the Dakota Communications Center. APIF, MOTION CARRIED. MOTION by Wilson, second by Fogarty to appoint Mayor Soderberg and Councilmember McKnight as an alternate to the Board of Directors. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto appoint Robin Roland, Acting City Administrator and Finance Director Roland as an alternate to the Executive Committee. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Wilson to appoint Police Chief Siebenaler and Marjie Boese as alternate to the Operations Committee for Law Enforcement. APIF, MOTION CARRIED. MOTION by McKnight, second by Fogarty to appoint Fire Chief Kuchera and Fire Marshal Powers as alternate to the Operations Committee for Fire. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Adopt Resolution - 2006 Preliminary Tax Levy and Budget - Finance Finance Director Roland presented the 2006 preliminary budget. The proposed preliminary levy is $6,668,204 which is 14% over the 2005 levy. General fund revenues are estimated at $7,888,457 with 67% from property taxes. There are no levy limits for 2006. Expenditures are proposed to increase by 10.8% over the 2005 adopted budget. These are due to operational cost increase, significant fuel and utility cost increases, existing contractual obligations and additional staffing. The additional staffing is 2% ofthe general fund expenditure increase. The reason for the 14% increase is the City's tax base increased by 14% for pay 2006. If the tax base increases 14% and the levy increases 14% the actual tax rate does not increase. Therefore, the only tax increase a household should see in 2006 under this budget is due to the increase in the market value oftheir home. Capital Council Minutes (Regular) September 6, 2005 Page 10 Outlay for 2006 has been funded the past couple years entirely by bonds, will be funded this year by $175,000 capital acquisition levy. The City will not be issuing bonds in 2006 for any capital acquisition purchases. Additional staff proposed includes two new patrol officers, a promotion to an administrative sergeant position, an accounting technician, a maintenance workerlmechanic, and an administrative support specialist for the Park and Rec department at mid-year. Finance Director Roland showed a comparison of 2005 adopted revenues versus 2006 proposed and a comparison of 2005 adopted expenditures versus 2006 proposed. The market value of a median value home in 2005 was $196,700. In 2006 it will increase to $211,500. This is a market value increase of7.52%. The City portion of taxes for a median value home in 2005 was $861. In 2006 it will increase to $925. The 14% is comprised of two components. One is the new housing component which is approximately 7%. The other 7.52% is the growth in market value. MOTION by Pritzlaff, second by Fogarty adopting RESOLUTION RI09-05 certifying the 2006 preliminary tax levy to Dakota County and establishing December 5,2005 at 7:00 p.m. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible in 2006. APIF, MOTION CARRIED. A budget workshop was scheduled for September 28, 2005 at 6:00 p.m. b) Consider Options City Administrator Position Mayor Soderberg stated he has discussed the possibility of having an Interim City Administrator for a period of time. He asked Council ifthey wanted to go directly into the search process or have an Interim Administrator for a period of time to get things settled down and get some equilibrium. Councilmember McKnight stated he would like to go with an Interim for 1-2 years which seems like a long time, but getting things settled down is important to him. We have a lot of work to do here. As someone who works in this field, he feels it is important that we have someone as an Interim because the potential field of candidates out there is very tight right now. Councilmember Fogarty agreed with Councilmember McKnight and would be comfortable with a long-term Interim. If Council does not agree with that and they decide to move ahead with a permanent placement she was not sure how she felt about using an agency. The last two were not terribly successful. She would like to see Council approach it in a different way. Councilmember Pritzlaff agreed with an Interim. If a quality candidate becomes available do we risk passing that up doing a 1-2 year Interim? However, for the short-term he felt an Interim would be best. Mayor Soderberg asked ifthere was a way to structure an agreement that allows for that. Attorney J amnik stated Council could specify a duration on the agreement and include that as part of the recruitment. He agreed with having a process for looking at candidates rather than hiring a search firm. Councilmember Wilson also preferred an Interim Administrator. Mayor Soderberg stated he met with Councilmember McKnight and they spoke with search firm individuals, former City Administrators, Mayor Soderberg talked with current City Administrators and other people who have some knowledge of Council Minutes (Regular) September 6, 2005 Page 11 Farmington and how it operates. There are very few names of people that either are available or may have an interest. He asked Council if they were comfortable with having himself, the City Attorney and Councilmember McKnight talk to the individuals on the list and bring back a recommendation to Council. Once an Interim is in place, Council can discuss the process for getting a permanent replacement. Councilmember Pritzlaff asked ifthere would be a provision to make the Interim the regular Administrator if Council liked that individual. Mayor Soderberg stated that would be discussed, but the pressing issue is to get someone in place. He stated Finance Director Roland could do a fine job, but she has a full plate right now. Council agreed with this process. Mayor Soderberg will coordinate with Councilmember McKnight and the City Attorney to proceed. MOTION by Pritzlaff, second by Fogarty to appoint Finance Director Roland as Acting Administrator for the present time with retroactive out-of-class pay. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Wilson: He e-mailed the Management Team because there are a lot of positive things going on, but there are not a lot of positive things being reported. The school issue has become very absorbing. The City and the Council have become the dumping ground for a lot of things residents are not happy about. He will not fault residents for saying or thinking that, but there are a lot of good things going on in the City. Regarding the high school site, he mentioned in August he was as frustrated as anyone. He made a comment at the joint meeting with the school district that if the issue is brought up the following Monday he would definitely vote no. He was not comfortable with that comment and he has never been comfortable with the vote against the comp plan since back in February. Consistent with what Councilmember McKnight pointed out, he does not have any control over what happened in 2004 although he thinks there was significant Council direction on this particular issue that influenced how things came to be. In February he pointed this out. Council did not have to do anything relative to the ag preserve issue, but we did. At a Council Workshop in March we agreed that if some of the significant items were resolved from the school district such as the road issue, this would be a site we would have to continue moving forward on. As an elected official he is disappointed that it has taken so long to get to this point. We have been talking about this issue ongoing. While the site is not the perfect one, action has been taken on this site. With due respect to Councilmember Fogarty and Mayor Soderberg the decisions that matter are the ones we make at the table. Not the meetings and discussions at Coffee with the Councilor other meetings. The decisions we make here we need to honor and stand by. Consider if the school district was Target, 3M, General Mills, Walmart, back in 2004 you indicate that if certain conditions are met we will consider the possibility of MUS A being granted. Even if we had voted on this tonight, MUSA is not granted until the Met Council gives approval. We can only recommend the granting of MUSA. If you take a significant company, give them the indication that we will allow you to build here if certain conditions are satisfied, in this case the high school site being removed from ag preserve status, and then take it away, that is a tough thing for him to swallow as an elected official. You need to have a respectful process. He is not saying Council Minutes (Regular) September 6,2005 Page 12 the Council is the party at fault. He is 20% of the Council, and he is as much to blame. He would hope the School Board would acknowledge that communication is far from perfect. Council, outside of any pressure from the school district, advanced the issue. It is disappointing. He hoped they can find a way to reach out to the school district, find a way to get this done, and move forward. We have an insanely talented staff from the Finance Director, to Community Development, to Engineering, to our Police Chief, to our Fire Chief. They have all made significant contributions all the time they have been here. He wanted to highlight some ofthe things that are going on now that many people may not be aware of. The action plan he would like to take from this is we have talked about communicating more regularly and he thought we need to look at something where we provide highlights of things that are going on in the City, information that would be useful to residents such as something going on at the Police Department, housing developments, things going on with a local business, etc., that we can produce and send out in electronic format once a week, every other week, or once a month. Finance Director Roland has been compiling the budget. She has toiled over the budget. She refers to it as a very challenging week. It is a challenge because she knows we have to ultimately look the residents in the eye and tell them the taxes we are asking for this year are fair and reasonable. Human Resources Director Wendlandt has worked on the fiber optic cabling to allow the City facilities to operate under its own fiber optic network which is a significant improvement. There will be some things in the future which might allow us to televise our meetings over the internet. Parks and Recreation Director Distad has been working on projects with Hill Dee Park, with Silver Springs Park, Vermillion Grove Park. All along he and his staff and the Park and Rec Commission have been soliciting comments from residents and developing a plan of action to go forward on building these parks. These three parks are planned for completion hopefully this fall. The Police Department has many visible signs. A lot of them occurred the morning of our storm and the leadership that Police Chief Siebenaler and his team provided. It is important to make everyone aware that one of our officers has volunteered to serve helping the hurricane victims. A significant accomplishment in our Fire Department is at 197th Street and Pilot Knob. Significant progress is being made on a second fire station which includes an extra bay for ALF Ambulance which will be a tremendous benefit for Farmington residents. Engineering has been working diligently to get the Ash Street project done, has eliminated the lift stations at Sunnyside and the fairgrounds, seal coating projects, and projects relating to housing developments. Council Minutes (Regular) September 6, 2005 Page 13 Administrative Services Director Shadick has been working with Mark Moore, the Cable Coordinator on repairing one of the TV cameras. She is also doing work on the Heritage Preservation Commission and trying to identify some properties on Oak Street that would be eligible for qualification for heritage status. Community Development Director Carroll, Tina Schwanz, Lee Smick, everyone in Community Development are doing some great work with respect to various approvals for housing developments, the industrial park, modifying ordinances with regard to signs, new businesses, we had the Vermillion River Crossings groundbreaking tonight. He takes a positive view of what is going on in Farmington, and of his fellow Councilmembers. When a resident expresses his or her opinion about individuals on the Council, it is a team. While three individuals are being identified, he is part of that team so you might as well put his name up there as well. He did vote one way. It is different than three people having their name splattered across the newspaper, but it takes all five of us and every resident in this town to be on the same page, to approach it with a positive attitude and know we can get it done. He knows we can and it will take all of us and a lot of hard work, but we will do it. Councilmember Pritz/aft: Some ofthe communication might be solved by having a scheduled workshop once a month. It seems on a monthly schedule there are enough things to deal with in a workshop setting. He asked the Council to consider this. Mayor Soderberg asked Community Development Director Carroll if we would have had workshops of that nature if that would have aided in communicating. Community Development Director Carroll replied yes. Mayor Soderberg stated one of the things we need to learn from where we have been is how to get where we want to go more efficiently. He felt it would be a good idea to schedule workshops once a month to talk about issues. It was agreed to have regular workshops the third Wednesday ofthe month at 5:00 p.m. Councilmember Wilson suggested looking at eliminating the Pre-Council Meetings. Councilmember McKnight suggested having one or two workshops and see if that eliminates the need for the Pre-Meetings. Finance Director Roland: On September 13, 2005 at 5:00 p.m. there will be a workshop to discuss the Cataract Fire Relief Association pension. There is also a budget workshop on September 28,2005 at 6:00 p.m. She suggested the third Wednesday in October at 5 :00 p.m. would be the first monthly workshop. Coffee with Council will be Thursday, September 15, 2005 at 7:30 a.m. Councilmembers Fogarty and McKnight are scheduled to attend. As Councilmember Fogarty is unable to attend Mayor Soderberg will attend in her place. Police Chief Siebenaler: Friday afternoon the Dakota County Sherif:f s Office received a call from Emergency Management asking for the formation of a 20-member strike force comprised of police officers from Dakota County to respond with ten Council Minutes (Regular) September 6, 2005 Page 14 vehicles to assist with the efforts in the Gulf Coast. Deployment was to have occurred yesterday or today. He authorized Sergeant Brian Lindquist to serve. Deployment has been delayed for up to 14 days. They will receive two days notice to deploy. He asked for Council's consensus for deployment of a police officer to the Gulf Coast to assist in the recovery from the hurricane. Council agreed. Councilmember Pritzlaff stated if our officer is bothered by anything while he is down there he wants him back as soon as possible. Police Chief Siebenaler stated there is a system of debriefing in place. It gives the officers a chance to vent and talk among themselves with a mental health professional facilitating. What the police officers in the Gulf Coast are experiencing is beyond anything a police officer has experienced anywhere in the United States. This is an area of devastation covering 90,000 sq. miles and estimates of 10,000 casualties. Ifit becomes too much to bear in the form of evacuation we will get him out. Mayor Soderberg: Lakeville had a Fun Shoot which is an opportunity for the officers to practice some skills. It was in fun but a competition. He was invited to watch and participate. All of our officers participated. The time he and Police Chief Siebenaler turned in was better than four police teams. It gave him a new appreciation of what the officers go through. He attended the Cedar Avenue BRT kick-offlast week. Farmington received some recognition as being a participant. Bus transportation will be important to Farmington. In the near future we need to talk with the Met Council and the MVT A about our role in transit. A number of our residents use transit. We should at least talk about whether we should be a participant in the Transit Authority System. The Transit Station at 160th Street and Pilot Knob is under construction. It will be open in late November/early December. Today there was a groundbreaking for Vermillion River Crossing and the Development Contract is signed. They could begin grading within the next week or two. This will be an exciting addition to the City. Regarding a communication policy, we need to do a better job of communicating. We have not communicated our position. Staffhas asked Council to communicate our position going back to last summer and it hasn't happened. He is as much to blame as anyone for that. In the interim he took the liberty of posting a letter on the web site. If that is something Council would not like him to do, that is fine, but we need to come up with some other way to avail ourselves of the tools we have at our disposal. It was suggested to establish an e-mail list of our residents so we can have the Administrator, or the Mayor or the Council send out a report to residents. We have not availed ourselves of press releases and that is something we should look at doing as well. We have a newsletter that goes out every other month and that just is not enough. People seem to be technologically savvy and they want to go to a website and get the information. How can we improve? How can we do better? Councilmember Pritzlaff felt if someone is going to put a personal letter on the website, the rest of Council should know when it will be there so they are aware of the content. Mayor Soderberg stated in the letter he tried to make it known that it was his position. Everyone has expressed the concern that communication has been lacking and that was the message of the letter that we did not communicate effectively. He apologized ifhe was off base and we can have the letter removed from the website. Councilmember Wilson suggested including this in the workshop next week. He felt between Lisa, Jeanne and Brenda they might have some Council Minutes (Regular) September 6, 2005 Page 15 good ideas to offer. Finance Director Roland agreed this can be added to the agenda after the Cataract Relief Association. Mayor Soderberg stated it is not so much talking to each other but it is talking to the community. The goal is to be able to get information out to the community. Some of these requests were made from staff early on, but it was not acted on. Councilmember McKnight felt the idea of a communication plan is an excellent idea. If you want immediate communication, you can avail yourself to this media. He did not think anyone on the Council should use the web site for personal views. He would support taking the letter offthe website. Councilmember Fogarty stated she is in the process of creating her personal website. Attorney Jamnik can speak to the legality but she would like to have a link to her website from the City's website. Attorney Jamnik replied he is looking at that. Councilmember Wilson stated some people like to pick up the paper and read what is going on, some like e-mail. The school district does a good job of communicating. The Independent has the Blackboard, there are e-mails from the school, etc. He felt it will be a little bit of everything. This will be placed on the agenda for the September 13 workshop. Councilmember Pritzlaff felt short e-mails from staff would help. There are a few things that have happened recently that he would have liked to have heard from staff. For example, on the phone last night he heard there was an accident on Flagstaff. He would like Council to be kept updated in a timely fashion. Finance Director Roland stated we currently have the Management Report which goes out once a week. Staff has been looking for ways of putting the information Council wants to know on that report that is already in existence. Administrative Services Director Shadick handles that and we will get that more informative. Mayor Soderberg would like to know what we have available now, what we are doing now and what we can do. We have some talented people here. Jeanne Stanek is very talented, Lisa, Rob, so we have excellent expertise. As a reminder to Council e-mail is an effective tool, but we need to be careful about what we say and how we disseminate. We do not want to get into a situation where we even remotely look like we are violating open meeting laws. Keep in mind anytime you hit the send button on the e-mail that it could find its way to the weekly paper. Councilmember Pritzlaff asked if City staff was back on regular hours and off of summer hours. Mayor Soderberg stated today was the first day City Hall was back to regular hours. Councilmember Pritzlaff suggested that be placed on the web site and place it in the newspaper. Mayor Soderberg asked staff to remove his letter from the website. 14. EXECUTIVE SESSION - Labor Negotiations The purpose of the meeting is to receive an update from the Human Resources Director and get some direction from Council. Council recessed into Executive Session at 9:23 p.m. Respectfully submitted, ~.~~/Y7~ ~thia Muller Executive Assistant . CITY COUNCIL WORKSHOP SEPTEMBER 13, 2005 MINUTES 1. CALL TO ORDER Mayor Soderberg called the meeting to order at 5 :00 p.m. Present: Soderberg, McKnight, Pritzlaff, Wilson Absent: Fogarty Also Present: Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Cynthia Muller, Executive Assistant Ken Kuchera, Fire Chief; Cataract Relief Association Members Bill Sauber, Jay Clinkscales, Tom Hemish 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the agenda. APIF, MOTION CARRIED. 3. CATARACT FIRE RELIEF ASSOCIATION PENSION There are two issues - the City's contribution level and the pension level. In 1996 the Cataract Association received an annual contribution amount based on a certain dollar amount per member. There were 36 members and the contribution was $45,000 which amounts to $1250 per member. They received a 3% increase per year. As the number of members increased, the amount per member decreased. They expect to have 48 members in 2006. The City contribution is a combination of the City's contribution which is required under tax levy and the City also passes through the entire amount of the fire contribution from the state. In 1996 the contribution from the City and the state is $2,142 per member. In 2003 it was $3,316 per member. In 2006 with a $60,000 contribution and the estimated $108,000 contribution amounts to $3,503 per member with 48 members. The Fire Department is trying to build up the number of firefighters to fully staffboth stations. It was decided to add 2 members per year over 5 years to get the additional staffing. The construction of the fire station was moved up and it was decided to add 4 members for this year and 4 members for 2007. Regarding the pension level, in 1996 the annual benefit per year of service was $1,600. A member with 20 years of service who retired at 50 years of age would receive a lump sum payment of $32,000. In 2005 the annual benefit per year of service is $3,200. A member with 20 years of service and who retires at age 50 receives a $64,000 lump sum. In nine years the pension has doubled in payout amount and the pension obligation is almost fully funded at 93.6%. The idea of the benefit level is that the City is able to use this to recruit individuals with a fair and reasonable amount of money. The Cataract Association proposed an increase for 2006 of $300 to a level of $3,500. The Cataract Association's funding comes from three sources, the City's tax levy, the state's contribution, and investment earnings. For 2006-2010 staff estimated a 5% increase in the benefit level each year which maintains a level close to 100% funding. Council Workshop September 13, 2005 Page 2 Mayor Soderberg asked if the Association wanted to maintain a steady contribution per member or keep the fund fully funded. Mr. Sauber felt if the City is giving so much per year per member that it continue to increase as with the City employees. By giving $60,000 based on 36 members and now they are up to 44 members, the top 36 members are getting less money. Mayor Soderberg replied the fund is remaining fully funded and the benefit received has gone up more than 5% a year. Mr. Sauber stated the reason is two years ago their investments made 20%, last year it was 15%, and 12.5% this year. If they are taking the time to invest properly he felt the members should receive the gain. He asked if the City should gain because the Association invested wisely. Mr. Sauber stated that is why they are looking at the amount per member the City is paying just like any other employee in the City. Mayor Soderberg stated the Association needs to decide if they want the assurance ofthe benefit or the assurance ofthe contribution. Mr. Clinkscales stated when the funding was down they did not take increases as it would have required a large contribution by the City. At that time they determined it was not feasible for the Association or the City to do it. They made compromises to stay within their budget. Finance Director Roland stated the City's contribution did increase at that time. It went from $50,000 to $55,000 and stayed at that level. Mayor Soderberg asked if they want a per person contribution and take a chance with the market. From 1996- 2005 the benefit has doubled. You either get the guaranteed contribution per member or the guaranteed benefit. The Cataract Association presented a comparison of other cities. Mr. Sauber stated it shows they are not at the same level as comparable cities. Mr. Clinkscales stated the comparison shows the average of the cities is 20,000 in population, average number of members is 42, average pension amount is $4564 and the funding ratio is 89%. The City's contribution is $65,000, which they requested, and the state aid is $126,000 which is slightly higher than they are receiving, but could be close to that this year. Farmington is at 43 members, the pension amount is $3200, the funding ratio is above the average and the City contribution is $60,000 and the state aid is slightly less. Mr. Hemish stated ifthey were on a plan for a 3% increase each year, in 2005 they would be at $1630, in 2006 at $1678 and with 48 members the contribution would be $80,544. In 2007 with 52 members the contribution would be $89,856. For 2006 the Association wants $65,000 contribution level for 48 members which comes to $1,354 per member and a benefit increase from $3200 to $3500 per year of service. Finance Director Roland stated for City employees we do not have a guaranteed benefit for full time City employees. There is a guaranteed contribution. The Association is asking for a guaranteed benefit and a guaranteed contribution. You cannot have both. Staff proposed to maintain the contribution level at $60,000 for 2006 and increase the benefit level to $3350 for 2006. This would maintain the 95%-100% funding and would keep the City's contribution level at $60,000. The increase in benefit level is 5%. Councilmember McKnight asked from 2006 on there is a 5% increase where did that increase come from? Finance Director Roland stated she was instructed to do the 5% increase by the City Administrator. He asked what is the Association's most important number. Mr. Sauber replied it is a combination of benefit level and funding ratio. Councilmember McKnight stated the employees will not get a 5% increase. He would be willing to look at moving the $65,000 figure from 2008 to 2006. Mr. Clinkscales stated they are working to increase the pension level. To do that and keep the funding ratio Council Workshop September 13, 2005 Page 3 where they are, they need the City to increase their contribution. To make up for where they did not take increases other years, going to $3500 this year and the $65,000 would move them in the right direction. Going forward they need to do better planning to increase the benefit level and provide the City with a set dollar figure for their contribution. Finance Director Roland replied because of the state contribution and the earnings it does not mean if you increase your benefit level that you will need an increased contribution from the City. There are other factors such as the investments. Mr. Clinkscales stated they are trying to increase the pension level. They need the City to increase their level to get closer to other cities. Finance Director Roland stated if the City was to modify the contribution level to $65,000 for 2006 they will have to find $5,000 to cut somewhere else. Mayor Soderberg would be comfortable looking at increasing the contribution level in the next budget cycle for 2007. If increasing the benefit level to $3500 keeps the funding level at or above 90% he is comfortable with that. There has been a 3% increase in contribution from the City which is consistent with increases employees have received. Finance Director Roland asked if instead of doing the 9% every three years, would Council want to go to a contribution in 2006 of $60,000 plus 3% rather than bunching it $60,000 - $60,000 - $60,000 do $60,000 in 2005 then $61,800 in 2006. It would give 3% and increase the benefit level as well. Mayor Soderberg stated as long as it keeps the funding level at or above 90%. Councilmember McKnight stated his concern with the benefit at $3500 is the other employees who see a 10% increase. Councilmember Wilson suggested staff prepare the scenario the Mayor brought up and the scenario from Councilmember McKnight and evaluate the options at the budget workshop. Finance Director Roland agreed and Council could also then see the increase in the operational budget as well. The City's contribution is already part of the levy. Council needs to determine what part of the levy will be dedicated to the fire levy. Councilmember McKnight also suggested $62,500 and $3350 for 2006. Mr. Clinkscales stated in the future they would like to be included in the budgeting process earlier. Finance Director Roland assured him they will be. 4. COMMUNICATION PLAN Present for this portion of the meeting: Soderberg, McKnight, Pritzlaff, Wilson Absent: Fogarty Also Present: Andrea Poehler, City Attorney; Robin Roland, Acting City Administratorl Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Brenda Wendlandt, Human Resources Director; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Councilmember McKnight asked why the Council cannot communicate as five? He learned information at the School Board meeting that he should have already known. Mayor Soderberg explained there were things happening the morning of the Council Meeting, there were time constraints, and they have to be careful to not violate the open meeting law. Councilmember Pritzlafffelt out of the loop when Mayor Soderberg and Councilmember Fogarty attended meetings with the school district. Councilmember McKnight stated he does not need all the details, but he does need to know the top layer. Council Workshop September 13,2005 Page 4 Police Chief Siebenaler stated if one Councilmember has an idea to implement, they should relay it to the City Administrator, and the City Administrator can disseminate the information without feedback. When the City Administrator receives updates, that can be disseminated. This should not be done bye-mail. It has to be done by phone. Council needs to decide who sets the message and who delivers it? When messages get passed from one person to another there are different words used, different tones, and different interpretations. They need to talk with a single voice and establish a common understanding. City Attorney Poehler agreed that this is correct. Council's other option is to have more work sessions. (City Attorney Poehler left at 6:30 p.rn.) Before Council does anything, they need to figure out how to deal with agreement and disagreement. They need to establish a unified front. When one Councilmember speaks out against what has been agreed on, it allows the minority vote to veto the majority message. Council's responsibility is to craft the message. When you ask who, why and how it needs to be followed with why. Council needs to decide as a unit what are the values of the City and what priority do they take. If you cannot answer why, they should question the who, why and what. Council needs to control the message. The City is not lacking in ways to get the message across. They need a single source. 5. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 6:54 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ :P7~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7b TO: Mayor, Councilmembers and Interim CitY Administrator~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: School and Conference DATE: September 19, 2005 INTRODUCTION The Minnesota Recreation and Park Association (MRP A) offers an annual state conference for park and recreation professionals. ~ DISCUSSION The 2005 MRP A State Conference will be held in Rochester, Minnesota from November 1-4,. Sessions are held on topics such as recreation programming, therapeutic recreation, aquatics, park maintenance, park planning, facility maintenance and administration. A request is being made to send four staff members to attend this state conference at the full conference registration fee. The four staff members are: Patti Norman, Recreation Supervisor; Kellee Om1id, Recreation Specialist; Missie Kohlbeck, Senior Coordinator and Randy Distad, Parks and Recreation Director. BUDGET IMPACT The early registration fee (before October 3rd) is $330.00 for each staff member. After October 3rd the registration fee jumps to $360.00. The registration fee covers all educational sessions and meals during the conference. Since the conference is within a reasonable driving distance, staff would be commuting with a City vehicle each day to the conference. Funds were approved in the 2005 budget to cover the cost of the MRPA conference registration fee for four staff members. ACTION REQUESTED By motion, approve this request. ~~,~ ..t:.J~ Distad, Parks and Recreation Director cc: Patti Norman Missie Kohlbeck Kellee Omlid City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 76 TO: Mayor, Councilmembers and Acting City ,Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay Trail Construction DATE: September 19, 2005 INTRODUCTION A short trail connection from Eaves Way to a wetland in Middle Creek East 3rd Addition needs to be constructed yet this fall. ~ DISCUSSION As part of the park master plan for Middle Creek Park, a trail connection was shown being constructed from Eaves Way to the east edge of a wetland edge in the Middle Creek East Third Addition. From the east wetland edge and through the wetland, a boardwalk will be constructed potentially this winter that will connect to a bituminous trail on the west edge of the wetland in order to complete a trail connection from Middle Creek Park to Eaves Way. Staff is currently working with a consultant to complete soil tests in the wetland for boardwalk construction. A request for approval to construct the boardwalk will be made later this year so that it can be constructed over the winter in order to minimize disturbance ofthe wetland. Staff solicited quotes from five contractors. Ryan Contracting from Shakopee, Minnesota submitted the low quote in the amount of$31,427.00 to complete the project. BUDGET IMPACT The Middle Creek Park Master Plan estimated that this trail construction would cost $38,368.00. The low quote received is just under $7,000.00 less than the estimate. ACTION REQUESTED No action is requested. This is for informational purposes only. ~:llYSU:mv ~DiS& Parks and Recreation Director FORM OF AGREEMENT THIS AGREEMENT, made and signed this 19th day of September, 2005, by and between the City of Farmington hereinafter called the "Owner" and Ryan Contracting, Inc. hereinafter called the "Contractor" . THIS AGREEMENT WITNESSETH, that the Owner and Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Farmington, Parks and Recreation Department, 325 Oak Street, Farmington, Minnesota, and indicated in the Request for Quotes, as provided by the Owner for: 2005 Middle Creek Park Eastern Trail Access Construction Project and to complete everything required by this Agreement. ARTICLE II The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before Friday, October 28,2005. ARTICLE III The Contractor agrees to provide to the Owner a Certificate of Insurance listing the Owner as "additional insured" and having at least $1,000,000 per occurrence liability coverage. ARTICLE IV The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for the unit or lump sum items as set forth to those in the accepted Contractor's Proposal on file in the Office of the Parks and Recreation Director, the aggregate of which prices, based on the approximate schedule of quantities, is estimated at $31,427.00. ARTICLE V The Contract Documents shall consist ofthe following component parts: 1. The Proposal Form submitted by the Contractor. 2. Contractor's Certificate of Insurance listing the City of Farmington as "additional insured". 3. Special Provisions (if any) 4. Specifications (General and Specific Requirements) 5. This Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed as ofthe date first above written. CONTRACTOR: OWNER: BY: BY: ITS MAYOR ITS BY: ITS CITY ADMINISTRATOR ?d CITY OF FARMINGTON SUMMARY OF REVENUES AUGUST 31,2005 66.67 % Year Complete ~E~~'~!:::~~~4/ ??? ?:t:elttEN1f ))(200S))Y10 n:::::::::::::i004m: $ % $ % GENERAL FUND Property Taxes 4,750,293 2,210,096 46.53 1,626,527 45.89 Licenses 28,655 308 20,169 70.39 19,778 89.70 Permits 1,096,250 69,164 407,710 37.19 572,920 61.23 Fines 78,100 6,063 35,796 45.83 43,638 55.24 Intergovernment Revenue 310,000 7,396 178,047 57.43 170,261 53.04 Charges for Service 386,000 27,058 201,039 52.08 129,867 26.77 Investment Interest 225,000 18,750 150,000 66.67 160,000 50.00 Miscellaneous 10,000 215 14,743 147.43 50,088 141.09 Transfers 236 000 19666 157 333 66.67 206 667 66.67 Total General Fund 7 120298 148 620 3374933 47.40 2979746 49.23 SPECIAL REVENUE HRA Operating Fund 20,500 317 204,075 995.49 303,784 96.38 Police Forfeitures Fund 8,050 1,511 18.77 7,039 87.44 Park Improvement Fund 292,000 14,384 364,303 124.76 172,413 113.65 Recreation Operating Fund 301,500 7,689 185,696 61.59 167,877 62.71 Ice Arena 247,500 9,392 149,381 60.36 0.00 ENTERPRISE FUNDS Ice Arena 0.00 133,514 46.88 Liquor Operations 3,715,746 310,468 2,178,130 58.62 1,939,578 62.42 Sewer 1,533,857 100,565 764,559 49.85 804,851 59.04 Solid Waste 1,748,077 140,088 1,020,421 58.37 951,589 63.58 Storm Water 235,000 33,623 247,874 105.48 180,141 69.40 Water 1 695 000 167 899 1 072 386 63.27 912 163 57.47 Total Revenues 16917528 933 045 9 563 269 56.53 8 552 695 57.42 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AUGUST 31, 2005 GENERAL FUND Legislative Administration Elections Communications Human Resources Information Technology Finance Planning Building Inspection Community Development Police Administration Patrol Services Investigation Services Emergency Management Fire Rescue Engineering G.I.S. Streets Snow Removal Signal Maint Natural Resources Park Maint Forestry Building Maint Recreation Programs Outdoor Ice Transfers Out Total General Fund SPECIAL REVENUE HRA Operating Police Forfeitures Fund Park Improvement Fund Senior Center Swimming Pool Ice Arena ENTERPRISE FUNDS Ice Arena Liquor Operations Sewer Solid Waste Storm Water Water Utility Total Ex enditures 67,162 455,528 10,875 70,882 195,206 107,783 413,638 174,080 406,738 158,997 603,905 1,518,203 277,602 5,200 425,849 43,110 284,465 9,798 472,632 102,935 105,600 56,285 407,186 o 157,995 375,644 o 213000 7 120298 42,100 8,050 528,000 148,444 142,533 247159 o 3,561,633 1,541,497 1,770,599 400,884 1 140558 16,651,755 9,328 21,326 5,599 8,330 2,858 22,999 7,118 15,290 5,951 28,307 60,750 15,429 491 10,724 677 18,075 32,590 442 9,110 19,463 23,697 6,154 20,962 345 670 1,019 481 14,346 3,502 16,048 14947 308,036 82,337 82,000 11 ,033 37 864 917,283 e!;~~Nt~~~?:m;gqiNm rJ!QQ6 (:ytb::)i~) % 66,552 295,584 42,021 116,839 76,356 283,528 111,147 237,735 61,045 385,172 943,187 209,384 85,470 192,967 23,166 213,850 311,117 74,374 61,691 37,844 271,028 72,083 256,347 106 500 4 534 987 15,668 4,702 125,381 89,456 117,454 173 122 o 2,214,376 731 ,182 1,027,805 172,590 406 800 9,613,523 % 99.09 64.89 0.00 59.28 59.85 70.84 68.54 63.85 58.45 38.39 63.78 62.13 75.43 1643.65 45.31 53.74 75.18 0.00 65.83 72.25 58.42 67.24 66.56 0.00 45.62 68.24 0.00 50.00 63.69 37.22 58.41 23.75 60.26 82.40 70.04 0.00 62.17 47.43 58.05 43.05 35.67 57.73 $ 36,619 268,177 26 41,018 122,153 28,681 269,217 112,392 238,529 56,019 360,482 820,510 155,069 2,012 191,483 20,838 206,191 4,267 341,950 50,977 59,721 226,981 42,028 61,286 260,095 3,296 86 500 4 066 517 275,215 9,066 154,690 92,729 122,822 o 179,713 1,863,447 842,426 939,257 195,943 514296 9,256,121 56.99 62.26 0.00 58.55 66.85 52.28 68.83 66.05 68.12 60.00 68.88 71.07 59.96 125.75 48.77 53.39 76.46 45.72 81.67 52.09 60.94 0.00 86.96 40.83 50.05 84.47 85.61 50.00 67.18 95.17 80.57 70.44 73.22 91.54 0.00 68.46 60.28 23.49 62.10 51.76 20.90 51.07 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 7e TO: Mayor, Councilmembers, Interim City Administrator t Lisa Shadick, Administrative Services Director FROM: SUBJECT: Accept Resignation - Heritage Preservation Commission DATE: September 19,2005 INTRODUCTION Mr. Jonathan Robertson has submitted his resignation from the Heritage Preservation Commission because he will be moving out of Farmington. DISCUSSION A copy of Mr. Robertson's resignation and the City Commission Appointment Process policy is attached. Currently there are no HPC applications on file. An advertisement for HPC members is on the City's web site in an effort to recruit a member to complete Jonathan's term. The term for this seat is through 1/31/06. ACTION REQUESTED Accept the resignation of Jonathan Robertson from the Heritage Preservation Commission. Respectfully submitted, v;S:~~j 1/ Acd~~ Lisa Shadick Administrative Services Director Sep 09 05 04:09p p.2 September 9,2005 Ms. Lisa Shadick City of Farmington 325 Oak Street Farmington, MN 55024 Re: HPC Resignation Dear Lisa, I have recently changed jobs, and taken a position with a company in Aurora, Illinois. Therefore I am relocating to that area and will no longer be able to serve on the Historic Preservation Committee. I enjoyed being on the committee and working with you and all the members. I'm sorry I was not able to contribute more. I wish the HPC well in its future efforts. J 0 R bertson 198 Executive Path Farmington, MN 55024 651-460-3320 COUNCIL POLICY - 05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest ofthe City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us }f? TO: Mayor, Council Members FROM: Robin Roland, Acting City Administrator SUBJECT: Adopt Resolution Designating Data Practices Responsible Authority and Deputy City Clerk DATE: September 19,2005 INTRODUCTION With a change in personnel, it is necessary to designate a Responsible Authority for Data Practices. It is also necessary at this time to formally designate the Deputy City Clerk. DISCUSSION On January 3, 2005, the City Council designated City Administrator, David Urbia as the responsible authority for data practices. Since the action taken required the name and title of the responsible authority, it becomes necessary to designate a new responsible authority for data practices. The City has not formally designated a deputy city clerk yet those responsibilities have been assigned to the Administrative Services Director position. The action being requested is to formalize this process in the event the City Clerk is unable or unavailable to perform his/her duties. ACTION REQUIRED Adopt attached resolution designating Robin Roland as the Responsible Authority for Data Practices and designating Lisa Shadick as the Deputy City Clerk. Respectfully submitted, /~~~ Acting City Administrator RESOLUTION NO. R_-05 DESIGNATING DATA PRACTICES RESPONSIBLE AUTHORITY AND DEPUTY CITY CLERK Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of September 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible Authority, and WHEREAS, under Minn. Stat. ~412.151 authorizes the City Clerk to appoint, with consent of the City Council, a deputy city clerk to act in place ofthe City Clerk during the City Clerk's absence or inability to act. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, hereby appoints Robin Roland, in her term as Acting City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes, and hereby, appoints Lisa Shadick to the position of Deputy City Clerk; BE IT FURTHER RESOLVED that the Deputy City Clerk appointment shall carry with it the duties and responsibilities associated with the office, including being listed as a signatory on all city accounts. BE IT FURTHER RESOLVED that the City Council hereby approves the bond filed for Lisa Shadick as Deputy City Clerk. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September 2005. Mayor Attested to the day of September 2005. Acting City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7.3 TO: Mayor, Councilmembers, and City Administrator ~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Fire Department Re-organization DATE: September 19,2005 INTRODUCTION In August of 2004, the attached recommendation was made to the City Administrator to restructure the Fire Department. Upon his approval, staff began the process to identify the operational and administrative changes that needed to be made as part of this reorganization. DISCUSSION The Fire Department currently operates under a Constitution and By-laws separate and distinct from City policies. Additionally, they have other policies and procedures that are separate from but related to City policies that were meant to address organizational and personnel issues. While this organizational structure has been fairly effective, recent problems indicate that it is time for the Fire Department to move away from the fraternal organizational structure toward a structure more in line with that of other City departments. To do so, the Fire Department members would need to be subject to the same policies and procedures as the other City employees as well as policies and standard operating guidelines specific to the Fire Department. To accomplish this restructure, a committee was formed that included the Fire Department Board of Directors, two Firefighters, the Human Resource Director and the City Administrator. That committee spent the last ten months integrating the Constitution and By-laws into City and department policies and standard operating guidelines in order to present these changes to Council for approval. The attached ordinance amendment outlines the changes to be made and includes eliminating the Fire Department Constitution and By-laws; and subjects the Fire Department to City policies and procedures as well as to the attached policies, procedures and standard operating guidelines. BUDGET IMPACT The costs for making these changes include funding for the additional fire officer positions as shown on the attached organizational chart and the costs associated creating a policy manual for all Fire Department members. These costs are provided for in the proposed 2006 budget. ACTION REQUESTED Approve attached ordinance. Respectfully submitted, \h .~ HI _~!0~'{C 1: ~0j,-, ... . \.e Brenda Wendlandt, SPHR Human Resources Director cc: file ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 OF THE FARMINGTON CITY CODE CONCERNING REORGANIZATION OF THE CITY OF FARMINGTON FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 5-1-1 of the Farmington City Code is amended in its entirety to read: 5-1-1: ORGANIZATION AND PURPOSE: (A) The volunteer Fire Department of this City is hereby continued and shall operate pursuant to the provisions of this Chapter, City Code, City policies and procedures and Department Standard Operating guidelines approved by the City Council. The Department may adopt rules and regulations to govern its affairs provided they do not conflict with the foregoing. (B) The Department shall be responsible for fire prevention, suppression of fires, the protection of life and property against fire, enforcement of the Building Code and Fire Code, the rendering of emergency services, and such other duties as are prescribed by the City Council. (C) The members of the Fire Department may organize themselves into a firefighters' relief association in accordance with state law. SECTION 2. Section 5-1-2 of the Farmington City Code is amended in its entirety to read: 5-1-2: PERSONNEL (A) The Department shall consist of a Fire Chief and such other members as may be determined by the City from time to time. The Department shall be under the direction of the Fire Chief, who shall report to the City Administrator. (B) All Department officers and members will be selected, appointed, and removed by the City Council in accordance with the City policies. 87225 SECTION 3. Section 5-1-3 of the Farmington City Code is amended in its entirety to read: 5-1-3: FIRE MARSHAL The Fire Marshal shall be appointed by the City Council upon the recommendation of the Fire Chief and the City Administrator. The Fire Marshal shall be supervised by the Fire Chief and shall carry out duties and responsibilities as provided by the City Council. The Fire Chief shall perform the duties of Fire Marshal in the Fire Marshal's absence. SECTION 4. Section 5-1-8 of the Farmington City Code is amended in its entirety to read: 5-1-8: USE OF FIRE EQUIPMENT No person shall use any fire apparatus or equipment for any reason, except in accordance with City policies regarding use of fire equipment and as authorized by the Fire Chief and City Administrator. SECTION 5. Section 5-1-10 of the Farmington City Code is hereby deleted. SECTION 6. This ordinance shall be effective on January 1,2006. ADOPTED this _ day of Farmington. 2005, by the City Council of the City of CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor ATTEST: Robin Roland, Acting City Administrator SEAL Approved as to form the day of ,2005. City Attorney Published in the Farmington Independent the day of ,2005. 87225 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Dave Urbia, City Administrator Ken Kuchera, Fire Chief FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Fire Department Issues and Organization DATE: August 27, 2004 INTRODUCTION Per our discussions regarding the recent issues within the Fire Department, this memorandum is to provide information regarding the structure and organization of this City department. DISCUSSION The Fire Department has continued to operate under a Constitution and By-laws separate and distinct from City policies. Additionally, they have other policies and procedures that are separate from but related to City policies and procedures and are meant to address organizational and personnel issues. However, this has been problematic when determining appropriate actions for personnel, operational and jurisdictional issues. The first area of concern is the method for selecting Fire Department officers. Selection of Officers and new members are chosen through a member election process. This is problematic for the City for a variety of reasons. Most notably is the fact that the Fire Chief directly reports to the City Administrator and the Administrator must approve the Fire Chief appointment as well as determine all actions which could affect the Chief s position (i.e. - appropriate discipline and job performance). Other problems with such selection processes include the minimization of the "objective selection" procedure. Per League of Minnesota Cities Attorney Pat Beety, "if a vote can reverse the results of the preliminary selection process, the legitimacy of the entire process is subject to attack." While every one understands that the Fire Fighters depend on and trust each other in dangerous situations and the intent of the vote may be motivated by this necessity, it does not provide any guarantee that objective selection procedures were followed. A thorough and objective selection process would be better for determining the best candidate for such a position. Additionally, an objective process is more legally defensible if the City were to be challenged by an unsuccessful applicant. For example, a fire department (and ultimately, the City) can successfully defend itself against discrimination lawsuits, if all hiring decisions are based on legitimate business reasons. Because it is not possible to prove the motivations behind each individual vote, the City would be unable to adequately present non-discriminatory business reasons for its decisions. As the City looks at possible restructuring, it seemed prudent to evaluate whether or not the City would be better served by changing the Fire Chief from a voluntary position to a regular employment position. At this time, the City does not seem to warrant a full-time Chief based on population and budgetary considerations. However, the Fire Chief has suggested that the position could be a combination of Fire Chief/Fire Marshal. This option presents its own problems as the City currently employs a full-time Fire Marshal. . This would mean that either the current volunteer Fire Chief or the Fire Marshal could potentially lose their position if a combination position is created. While this is an important consideration, this should not impede the City from doing what is best for the organization and community. The Fire Department continues to operate under a Constitution and By-laws. While this has been fairly effective, recent problems indicate that it is time for the Fire Department to move away from the fraternal organization toward a professional department of the City. To do so, the Fire Department would need to be subject to the same policies, procedures, and structure as the other City departments. To move in this direction, it would be beneficial to work with the Fire Department in integrating their Constitution and By-laws into City policy. This integration is already starting to occur as the Fire Department Board is currently revising these documents to ensure various procedures as in compliance with City policy. The importance of this amalgamation is evident by the recent problems associated with discipline, grievances, work rules, and communication. Many of the problems were caused by either ambiguity in the Constitution and By-laws, conflicting policies or procedures, or practices that have run contrary to policy or procedure. RECOMMENDATION The City should start discussions with the Fire Department board to move away from an election process to a legally defensible "objective selection" procedure recruitment of new members and selection of officers. Additionally, it is recommended that the Fire Department Board work to replace their separate By-laws and Constitution in favor of City policy and procedure. ReSpeCtful!y. s s.u ub~ '."' ; A1j7/~4ml/~ ~!~da Wendlandt, SPHR . Human Resources Director Proposed Organizational Structure for the Farmington Fire Department* *Subject to 2006 Budget Process & Second Station Timeline Policy for Appointment of Farmington Fire Department Officers Purpose The purpose of this policy is to establish a uniform and equitable process for the appointment of the Paid On-Call Fire Officers in the City of Farmington. Appointment Terms After the initial rotation of officers (see attached), each appointed officer will serve a three year term based on satisfactory job performance. If there is a vacated position due to resignation, retirement, promotion, demotion, or discharge the process outlined in this policy will be reactivated for the remainder of the term. If the term of the vacated position is 6 months or less, the person appointed will be appointed for the remainder of the current term and the subsequent three year term based on satisfactory job performance. Process for Fire Chief and Assistant Fire Chiefs Appointments Job Posting: Filing for the Chief and the Assistant Chief positions shall take place October 1 st through October 31 st, prior to the end of each term. A job posting will be placed at each fire station listing the job requirements. The job posting must meet the requirements as listed in Administrative policy 1.1 on Job Posting and Recruitment. Appointments are effective beginning January 1 st. Interview Panel for Fire Chief: A panel of no less than 5 people shall review applications to ensure applicants to be interviewed meets the minimum qualifications for the position and conduct interviews for the selection of the Fire Chief. The interview panel will consist of the City Administrator, Human Resources Director, two fire fighters and one other department head (included as a department head for this purpose is the Alf Ambulance Administrator). Interview Panel for Assistant Chiefs: A panel of no less than 4 people shall review applications to ensure applicants to be interviewed meets the minimum qualifications for the position and conduct interviews for the selection of the Assistant Fire Chief. The interview panel will consist of the Fire Chief, Human Resources Director, two fire fighters and an Assistant Chief. For both interview panels, the fire fighters chosen to serve on the interview panel must be a regular member of the department (excludes probationary employees). The members will be chosen by department seniority starting with the most senior member and rotating down the list each year. Eff. 10/1/05 Process for Fire Captain. Lieutenant and Secretarvffreasurer Appointments Job Posting: Filing for Captain and Lieutenant positions shall take place January 1st through January 31st, prior to the end of each term. A job posting will be placed at each fire station listing the job requirements. The job posting must meet the requirements as listed in Administrative policy 1.1 on Job Posting and Recruitment. Appointments are effective beginning April 1 st. Interview Panel: A panel of the Chief and the Assistant Chiefs shall review applications to ensure applicants to be interviewed meets the minimum qualifications for the position and conduct interviews for the selection of the Captains and Lieutenants. Performance Evaluations: An annual performance evaluation will be conducted for all Officers. The City Administrator shall be responsible for completing the evaluation of the Fire Chief. The Chief will be responsible for completing the evaluations of all other officers. However, the Assistant Chiefs should actively participate in the process for Captains and Secretary/Treasurer. For the Lieutenants, the Captain(s) should actively participate in that evaluation. All evaluations must be completed each year. For officers appointed January 1, the annual evaluation must be completed in January each year. For officers appointed April 1, the annual evaluation must be completed in April of each year. All officers must maintain at least a satisfactory rating on the performance evaluation. Failure to do will result in corrective action and continued unsatisfactory performance could result in being disciplined up to and including removal from their position as an officer. Eff. 10/1/05 City of Farmington Fire Department Operating Guideline Date: January 1,2006 Subject: Alcohol and Controlled Substances Statement of Purpose: Establish guidelines for use of alcohol and controlled substances. Guideline: The use of illegal substances or misuse of prescribed and over the counter medications by Department members is prohibited. Members should not respond to or participate in paged incidents, participate in department training or operate apparatus if they have consumed alcohol within the previous eight (8) hours, or are still noticeably impaired by alcohol consumed previous to the eight (8) hours, or have a blood alcohol concentration of .02% or higher. No alcohol, illegal drugs or drug paraphernalia shall be permitted on the premises of the operational portion of the fire department, including but not limited to the apparatus, apparatus bays, meetings rooms office areas, sleeping areas and day room. If an accident occurs that cause's apparatus or property damage exceeding $1,000, or injury/death to department members or civilians during training activities, while responding to incidents or performing activities at the scene, the City of Farmington requires testing for the presence of alcohol and/or controlled substances. Testing will also be required when there is a reasonable suspicion of alcohol and/or controlled substance use. Reasonable suspicion must be based on specific observations concerning the appearance, behavior, speech or body odor of the member. Testing will follow the procedures described in the City of Farmington's Drug and Alcohol testing policy. Any firefighter who refuses a required controlled substance or alcohol test shall be subjected to actions as described in the City of Farmington's Drug and Alcohol Testing Policy. Any firefighter who tests positive on a alcohol test (0.02 and above) or controlled substance test administered by or for the City of Farmington shall be deemed in violation of this policy and shall be subject to actions as described in the City of Farmington's Drug and Alcohol Testing Policy. Rationale: This rule is established to reduce unnecessary risk and danger that can result from alcohol and controlled substance use and increase the level of safety to members of the department and the public. Exception: Members using Medications prescribed by a physician or obtained over the counter may respond to paged incidents and participate in department training providing the medication does not impair the member in any way. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of 1 City of Farmington Fire Department Operating Guideline Date: 4/20/05 Subject: Apparatus Response Statement of Purpose: Establish a guideline for Apparatus response and Code system. Guideline: Code system: Code 3, lights and siren, hurry Code I, no lights or siren, obey all traffic laws Incident Commander can reduce a Code 3 response to a Code 1 response. Driving an apparatus code 3 response requires full driver attention. Extreme caution must be practiced. Code 3 response requires a minimum of 2 people in the cab. Officer's seat shall control radio transmissions. Response system: Structural Fire City; 1. 4781 - 5 people 2.4780 - 6 people 3.4797 - 9 people 4. Remaining units as required Structural Fire Rural; 1. 4781 - 5 people 2. 4795 - 2 people 3.4780 - 6 people 4.4796 - 2 people 5.4797 - 9 people 6. Remaining units as required Vehicle Fire 1. 4781 - 5 people 2.4795 - 2 people 3. 4797 - people 4. Remaining units as rquired 10-52's 1. 4797 - Rescue personnel 2.4781 - 5 people 3. Remaining units as required Page 1 of2 1O-52's with known fire 1. 4781 - 5 people 2.4797- Rescue personnel 3. 4795 - 2 people 4. Remaining units as rquired Grass fire 1.4793 - 3 people 2. 4794 - 3 people 3.4781 - 5 people 4.4795 - 2 people 5. Remaining units as required Mutual Aid response 1. 4780 will be used if a pumper is requested. 2. 4796 will be used if a tanker is requested. 3. Caution must be used not to jeopardize our fire protection area. 4. In responding to a mutual aid call, every attempt should be made to wait for an officer to dispatch equipment and personel from the hall. 5. Other equipment may be dispatched if requested, ie. 4781 in lue of 4780. Rationale: This rule is established to reduce the risk of driving a vehicle code 3 response and to increase the level of safety to members of the department and the public. Exception: Incident Commander can request additional resources as required. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 2 of2 City of Farmington Fire Department Operating Guideline Date: 4/13/05 Subject: Apparatus operations and driving. Statement of Purpose: To establish guidelines for safe operation and driving of fire department apparatus. Guideline: 1. Probationary members shall not be allowed to driveloperate any department vehicles in emergency situations. Probationary members shall be allowed to driveloperate department vehicles while accompanied by a non-probationary (regular) member in non-emergency situations. 2. Probationary members may be required to ride in the firelequipment trucks in an emergency situation only when directed by an officer in charge or senior firefighter in charge. 3. Upon completion ofthe rookie period, and put on the department as a regular member, a member shall then be allowed to operateldrive a vehicle code 3 (lights and sirens) only with an officer in the passenger seat. Once the Chief feels that person is worthy of no supervision, the member shall then be allowed to operateldrive a department vehicle without officer supervision. 4. Upon approaching any intersection, railroad crossing, ect..., whether controlled or not, the apparatus driver and individual in the officers (passenger) seat shall slow down as necessary, sound the air horn (if needed), and proceed in such a manner as not to put department personnel, equipment or the general public ar risk. 5. Any member driving apparatus shall not drive with excessive speed and maintain constant control of the apparatus. 6. If any member is unable to operateldrive any apparatus, or is unsure of their ability of doing so, they shall wait until a qualified member is able to take the member's place. 7. Seat belts must always be worn when apparatus is in motion. 8. There must be a minimum of2 firefighters to respond code 3. Rationale: Exception: In extenuating circumstances, a probationary, or rookie member may be called upon to operateldrive an apparatus in an emergency situation. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. PaQe 1 of 1 City of Farmington Fire Department Operating Guideline Date: 6/17/05 Subject: Engineers Statement of Purpose: Establish a guideline for the maintenance engineers. Guideline: Engineers will be appointed by Chief with recommendations from Asst. Chiefs. Engineers shall provide minor maintenace activities of department vehicles. Engineers shall recommend necessary repairs, parts, and scheduled maintenance. Engineers will assume a leadership role in the vehicles in removal from service, etc. in the absence of Chiefl Asst. Chiefs. Engineers will take control of their assigned vehicles and inform all parties of pertinent information. Chief engineer will schedule all maintenance activities with the City Mechanics. Chief engineer will assist all other engineers as required. Rationale: Engineers are responsible for their own fleet. This can change based on various conditions. Engineers will ask for assistance when required. Exception: Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of 1 City of Farmington Fire Department Operating Guideline Date: January 1,2006 Subject: Hair Length, Facial Hair & Sideburns Statement of Purpose: Establish standards for hair length, facial hair and side bums. Guideline: All personnel hair shall be neat, trimmed, clean and present a groomed appearance. In no case shall the bulk or length of hair interfere with the proper wearing of any authorized fIre department apparel, including, but not limited to self contained breathing apparatus. The face shall be normally clean-shaven other than a neatly trimmed mustache and side bums. Beards and goatees are prohibited as they interfere with the seal of the SCBA face piece. Failure to follow this guideline will result in removal from active duty until guideline is met. Rationale: Per OSHA, ANSI, NFP A: no respirator (including positive pressure respirators) should be used when facial hair interferes with the face seal. OSHA 29 CFR 1910.134(g)(1) Facepiece seal protection. (g)(l) (i) The employer shall not permit respirators with tight-fItting facepieces to be worn by employees who have: (A) Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; ANSI Z88.2-1992 7.5.1 Facial Hair - A respirator, either positive or negative pressure, equipped with a facepiece (tight or loose fItting) shall not be worn if the facial hair comes between the facepiece and the face or if facial hair interferes with valve function. NFPA 15005-3.9 A growth of beard or facial hair at any point where the SCBA facepiece is designed to seal with the face, regardless of the specifIc fIt test measurement that can be obtained, or hair that could interfere with the facepiece valve function shall be prohibited for members required to use SCBA This rule is established to have all members available to don an SCBA, reduce unnecessary risk and increase the level of safety to the individual member of the department. Exception: Wavers may be granted for medical reasons by the Chief, based upon a physicians prescription that a member is medically restricted from wearing an SCBA. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of 1 City of Farmington Fire Department Operating Guideline Date: June 30, 2005 Subject: Incident Command Statement of Purpose: Establishment of Incident Commander/Officer in Charge at the scene of the incident. Guideline: The Fire Department presently has the organizational structure established as attached. The written Incident/Tactical Command SOG dated October 8, 1993 will be also be followed. In the event of a paged call, the highest ranking officer shall be in command. In the event no fire officers are on the scene, the most senior firefighter will assume command. Rationale: This guideline is designed to provide the membership with guidance regarding establishing command. Exception: Any exceptions to this SOG is to be approved by the Incident Commander (IC). Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of 1 City of Farmington Fire Department Operating Guideline Date: April 12, 2005 Subject: Paged Calls Statement of Purpose: This outlines the requirements placed on the members in regards to compensation for response to paged calls. Guideline: As written below Rationale: This SOG is designed to adequately compensate fire fighters when they respond to calls within a reasonable window of time. Exception: Fire Chief and/or Fire Officer responding to the call with a fire department vehicle. 1. All members are required to respond to their assigned station. 2. All members are required to follow all posted traffic laws. 3. All members are expected to rapidly fill the compliment of apparatus responding after they have donned the turn-out gear issued by the Department. 4. Officers are allowed to stop at the scene in the event the call location is on their route to the station. 5. Attendance and monetary credit will be provided if members respond within twenty (20) minutes of the paged call time. (Example - time of page 0900 and member does not arrive until 0921, no credit will be allowed on calls that are one hour in length or less). 6. Paged calls will be compensated at a minimum of one hour monetary credit. In the event more than one call is received, all responding members will receive a minimum of one hour for each paged call. 7. Members must respond to their designated fire station and sign in on the Department approved form to receive credit for any call. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of 1 City of Farmington Fire Department Operating Guideline Date: January 1,2006 Subject: Personal Accountability System Statement of Purpose: Establish procedures for Personal Accountability System (PAS). Guideline: 1. Method a. Two name tags will be issued to every firefighter. These tags will be attached to the firefighter's helmet. b. After entering the responding apparatus, each firefighter shall make sure that one of the name tags is placed on the large apparatus accountability board. This board shall be given to the Incident Commander upon arrival to the scene. c. The second tag will remain with the firefighter until they are assigned to a specific duty or report to the staging area. d. When assigned to a specific duty, the firefighter will report to the officer in charge of that sector and give that officer their second tag. The second name tag will be placed on the accountability board carried by the officer in charge of the sector. e. When completed with the assigned duty, the firefighter will retrieve their name tag and report to the officer in charge of their next assigned duty and give them their name tag. If there are no duties available, the firefighter shall report to the staging or rehabilitation area and give their second name tag to the staging/rehabilitation officer. 1. Officers in charge of sectorslstaging shall notify each other when firefighters are transferring between sectors or going to staging. f. Apparatus operators shall place their second name tag in the operators section of the large - accountability board. g. 4797 will be designated staginglrehabilitation area. The driver of 4797 shall assume the position of staging officer. The firefighter in the passenger seat of the cab shall assume the position of accountability officer. 1. On smaller incidents where the staging area is in close proximity to the incident, the duties of staging and accountability officer may be combined. h. The accountability officer shall retrieve all apparatus accountability boards from the Incident Commander and place the tags on the master accountability board. 1. Any firefighters that report to the scene after the staging area has been established shall give their apparatus board to the accountability officer and then report directly to staging for assignment. J. Upon conclusion of the incident, firefighters shall retrieve all oftheir tags from sectorlstaging officers and accountability officer prior to leaving the scene with the apparatus. 2. Personal Accountability Report (PAR) a. It will be the responsibility of the accountability officer to verify firefighter accountability on the fire ground. This will be done with a PAR report. Page I of2 b. A roll call will take place in which every officer on the fire ground will verify that the personnel assigned to them is accounted for. This can be done face to face with the sector officers or over the radio. Face to face is preferred in order to keep radio traffic to a minimum. c. Example of radio PAR check 1. "Accountability to all units, PAR check, Sector A" 11. The Sector A officer will count and look at the accountability tags their accountability board and verify that the firefighters in their sector are the same ones indicated on their accountability board, if this is correct, Sector A officer will answer "Sector A has PAR with 4", 4 being the number of personnel in their sector. iii. If this is correct, Accountability officer will answer "Sector A has PAR, Sector B" IV. If this is not correct, the Sector A officer will answer "Sector A does not have PAR" v. The Sector officer will need to determine the name of the firefighter that is missing VI. Once the name of the missing person is determined, an all call will then be radioed out with a request to locate the missing firefighter. Example: "AccoUntability officer to all units, we need to locate John Doe immediately". V11. Firefighting operations must stop until this person is located and all firefighters are accounted for. viii. This will continue through each sector, including the staging/rehabilitation area, until all firefighters are accounted for. d. A PAR should be taken periodically throughout the incident and directly after every benchmark. These benchmarks are: 1. Completion of primary search 11. Fire out 111. Completion of secondary search IV. Completion of overhall v. When changing from offensive to defensive operations VI. Completion of fire ground operations. e. A PAR should be taken immediately after an evacuation signal is given, a fire ground emergency occurs, a personal alarm signal is heard, or if the safety officer feel,s that all firefighters may not be accounted for. Rationale: The personal accountability system is a tool that allows fire ground commanders to account for all personnel that may be assigned to or working at the scene of an emergency. Exception: None Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 2 of2 City of Farmington Fire Department Operating Guideline Date: June 30, 2005 Subject: Rapid Intervention Team Statement of Purpose: Establish a guideline for the implementation and deployment of a Rapid Intervention Team (RIT) for the purpose of providing immediate assistance for firefighters that are trapped or in distress. Guideline: A RIT shall be established: . At the request of the Incident Commander. . At any incident where firefighters are at risk. . When the required personnel are available. Logistics . The team leader reports to the IC. . The team will remain close and intact. . The team will be released by the IC for other assignments when the environment is deemed safe. . If deployed elsewhere, the RIT shall be immediately replaced. . The team should be disciplined and alert. . Begin size up of the structure: . Location and number of entrances and exits: . Fire Escapes . Access Stairs . Floor plan, if available. . Ask questions. . Size up the incident . Monitor team placement . Monitor radio frequency . Monitor other crews available . Constant updating and awareness of conditions on scene. . Closest handline, if needed. . Apparatus placement and location of specialized equipment. . . Inform IC of other needs anticipated. . Know who Safety Officer is and monitor PAR report. . Equipment - To be located in forward passenger side compartment of pump apparatus and clearly labeled. . Full Protective Gear . SCBA . Extra SCBA cylinders. Page 1 of2 . Portable air source. . Portable radio. . PASS Devices. . Hand Lights . Spanner Belts . Rescue Rope and Tab Lines. . Forcible entry tools. . Ladders . Other equipment as deemed necessary by RIT team upon completion of scene size u~ . Tactics . Minimum two (2) firefighters with discussion of sweep pattern to be used. . Consider SCBA and stress limitations. . Stress verbal contact. . Prior to Entry . Review mission . Number of personnel missing. . Last known location. . Path into fire. . Problems in the building. . Communication procedures. . Establish identification system for team members. . Time Check by IC. . Roll Call. . Portable radio on separate frequency and no other traffic. . Team leader will do a final check ofteam member's protective equipment, tools, radio frequency and then don SCBA. Rationale: We have a moral responsibility to protect fire and rescue personnel. NFPA 1561 States: "The Fire Department shall provide personnel for the rescue of individuals operating at emergency incidents if the need arises. A rapid intervention team shall consist of at least two (2) firefighters and shall be available for the rescue of personnel if necessary." Six to seven minutes are saved by having a crew in place and ready to respond. Exception: The need for a RIT team shall depend on the type of incident encountered. The decision to establish a RIT team shall be made by the Incident Commander. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 2 of2 City of Farmington Fire Department Operating Guideline Date: January 1,2006 Subject: Requirements of Probationary, Rookie and Regular Firefighters Statement of Purpose: Establish guidelines for training requirements, call attendance percentages, meeting attendance percentages and restrictions on Probationary and Rookie Firefighters. Guideline: Firefighter Designations Probationary Firefighter - For a period of one (1) year, starting from hire date, the employee will be designated as a Probationary Firefighter. During this one year period, the Probationary Firefighter shall complete required training and attend fire calls and training meetings as indicated below. If after the one (1) year period has ended, the Probationary Firefighter has completed the required training and met attendance requirements, the Probationary Firefighter will become a Rookie Firefighter. Rookie Firefighter - For a period of one (1) year, starting from date of completion of Probationary Firefighter period, the employee will be designated as a Rookie Firefighter. During this one year period, the Rookie Firefighter shall complete required training and attend fire calls and training meetings as indicated below. If after the one (1) year period has ended, the Rookie Firefighter has completed the required training and met attendance requirements, the Rookie Firefighter will become a Regular Firefighter. Call Attendance requirements All Firefighters shall respond to a minimum of twenty percent (20%) of all paged calls during anyone (1) quarter. Failure to do so for any two (2) consecutive quarters, or failure to respond to a minimum of twenty percent (20%) of all calls for the fiscal year, shall subject the firefighter to disciplinary action. Quarters shall begin and end on the following dates: Quarter 1: December 16 to March 15 Quarter 2: March 16 to June 15 Quarter 3: June 16 to September 15 Quarter 4: September 16 to December 15 Probationary Firefighters may be terminated if their call attendance is below twenty percent (20%) of all paged calls for any two (2) consecutive quarters, or failure to respond to a minimum of twenty percent (20%) of all calls for the fiscal year, starting with hire date. Training Drill and Business Meeting Attendance Requirements All Regular Firefighters shall attend a minimum of fifty percent (50%) of all training drills and business meetings during any fiscal year. Failure to do so shall subject the Firefighter to disciplinary action. All Rookie Firefighters shall attend a minimum of eighty percent (80%) of all training drills and business meetings for a one fiscal year period. Failure to do so shall subject the Firefighter to disciplinary action. All Probationary Firefighters shall attend a minimum of one hundred percent (100%) of all training drills and business meetings in a one year period starting with membership date. The only exception is previously approved excused absences as described below. Failure to do so will subject Firefighter to disciplinary action and possible termination. Page 1 of2 Any Firefighter missing three (3) consecutive training drills shall be subject to disciplinary action. Firefighters with a work schedule that precludes them from attending business meetings, with approval from the Chief, may be exempt from this requirement. Regular, Rookie and Probationary Firefighters may be excused from attending any meeting and/or drill because of school, vacation, sickness, emergency in his/her family, or inability to attend due to the nature of his/her job. Members must contact an officer of the Department prior to the meeting and/or drill to be excused. Excused absences do not preclude members from complying attendance requirements except as allowed by applicable Federal, State and local statutes. Training Requirements Regular Firefighters - Regular Firefighters must successfully complete the Minnesota State Certification for HAZMA T - Operational Level and Apparatus Operator/Driver by the end of their third (3rd) year starting with employment date. Probationary Firefighters - Probationary Firefighters must successfully complete the Minnesota State Certification for Firefighter I and Defensive Driving Course, before being considered for Rookie Firefighter. Rookie Firefighter - Rookie Firefighters must successfully complete the Minnesota State Certification for Firefighter II and First Responder before being considered for Regular Firefighter. Restriction Regular Firefighter - No restrictions providing that required training has been completed. Rookie Member - Rookie Firefighters shall wait for instruction from an Officer or Senior Firefighter before boarding First out units. They shall not enter a hazardous areas or dangerous environments unless accompanied by an Officer or Senior Firefighter. They shall assist Regular firefighters as directed and they shall get familiar with frrefighting equipment and where it is located on the apparatus. Probationary Firefighter - Probationary Firefighters shall not board frrst out units unless directed to do so by an officer or Senior Firefighter. They shall not enter hazardous areas or dangerous environments. They shall not drive apparatus during emergency situations. They shall assist Regular and Rookie firefighters as directed and they shall get familiar with frrefighting equipment and where it is located on the apparatus. Rationale: This Guideline establishes expectations for training, meeting and call attendance and restrictions for the various levels of Firefighters on the Department. Exception: None Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 2 of2 City of Farmington Fire Department Operating Guideline To: Fannington Fire Department Members Subject: SCBA Inspection and Cleaning Statement of Purpose: To provide procedures for the inspection and cleaning of SCBA' s Guideline: SCBA's shall be inspected monthly and prior to putting unit back in service after use. If any defects are noted, the unit shall be removed from service and tagged for repair. You should indicated the date, your name and the nature of the defect on the repair tag. INSPECTION SCBA: 1. Visually inspect the complete SCBA for worn or aging rubber parts which exhibit cracking, splitting, or brittleness. Also inspect for worn or frayed harness webbing and for other damaged components. 2. Check the latest cylinder hydrostatic test date to ensure it is current. 3. Visually inspect cylinder and valve assembly for physical damage such as dents or gouges in metal or in composite wrapping. Cylinders that have signs of physical damage or exposure to high heat shall be removed from service. 4. Check cylinder pressure gauge. 5. Check to ensure reducer coupling is secure to the cylinder valve outlet. 6. Check that the breathing regulator purge valve is closed. 7. Fully depress the center of the air saver/donning switch on the top of the regulator and release. 8. Slowly open the cylinder valve by fully rotating knob counterclockwise. Vibralert alann shall actuate and then stop. The heads up display will initialize with all five lights on for twenty seconds followed by display of cylinder supply level. If low battery light at the far right of the display remains lit or begins to flash, replace the batteries. 9. Don the facepiece or hold the facepiece to your face to effect a good seal. Inhale sharply to automatically start the flow of air. Breath normally from the facepiece to ensure proper operation. 10. Remove the facepiece from your face. Air shall freely flow from the facepiece. 11. fully depress the center of the air saverldonning switch on the top of the regulator and release. The flow of air from the facepiece shall stop. Examine the SCBA for leaks. There shall be no leakage of air from any part ofthe respirator. 12. Rotate the purge valve Y2 turn counterclockwise. Air shall freely flow from the regulator. 13. Rotate the purge valve Y2 turn clockwise to full closed position. Air flow from regulator shall stop. 14. Push in and rotate the cylinder valve clockwise to close. When cylinder valve is fully closed, open the purge valve slightly to vent residual air pressure from the system. As the residual air pressure vents from the system, the remote pressure gauge needle will swing from full towards empty. Observe the lights of the heads up display and verify that they light properly in descending order. Close the purge valve when the needle crosses the lJ4 mark but before the beginning of the red empty band. The Vibralert alann shall actuate. The red light on the far left ofthe heads up display shall flash rapidly. After verifying that all alanns are functioning open the purge valve slightly to vent remaining residual air pressure from the system. When air flow stops completely, return the purge valve to the fully closed position. PASS device 1. Visually inspect all PASS devise enclosures, lenses, and wire conduits for cracks, wear or other Page 1 of 4 damage. If you note any damage, remove SCBA from service and tag for repair. 2. While inspecting the SCBA, verify that the backframe lights are operating. 3. Before pressurizing the SCBA, press the manual alarm button, located on the front of the control console. The PASS device distress alarm manual alarm shall begin sounding a loud 3 tone chirp accompanied by flashing of the red signal lights on the control console and backframe. Reset the manual alarm by pressing the reset button located on the side of the control console twice. Unit will sound three chirps and green light will flash. Turn the unit off by pressing the reset button twice again. Unit will sound a two tone chirp and green lights will go out. Buddy Breathing Hose Assembly 1. Verify that the hose does not interfere with the removal and reinstallation of the cylinder and valve assembly. 2. Inspect both male and female quick connects on the dual manifold. Pay special attention to the operation of the external check valve sleeve on the male quick connect. If any damage is noted, remove the SCBA from service and tag for repair. Facepiece 1. Inspect the facepiece seal and other rubber components for deformation, wear, damage, or cracks. 2. Inspect the lens for cracks, gouges, scratches, or any condition that could impair the operation of the facepiece or the user's vision. 3. Inspect the lens frame for damage such as cracks or distortion. 4. Check that all frame retainers are present and installed correctly. 5. Check that all harness anchors are present and pivot freely. 6. Inspect the head harness for correct installation with all straps oriented correctly. 7. Inspect the head harness for damage or worn components. 8. Inspect the nosecup. Make sure that the nosecup is behind the chin pocket of the facepiece seal. Check that the nosecup is properly seated between the flanges of the voicemitter ducts. CLEANING SCBA & Regulator 1. After each use the SCBA shall be cleaned with water to remove all dirt and debris. 2. Remove any obvious dirt from the external surfaces of the regulator opening with a sponge or a soft cloth. 3. Inspect the inside ofthe regulator assembly through the regulator opening. If excessive dirt or soil is present, remove the SCBA from service and tag for cleaning by trained authorized personnel. 4. Depress the donning/air saver switch and close the purge knob. Spray a minimum of 6 full pumps of disinfectant into the regulator opening. Make sure to also wet the immediate area around the opening. Swirl to completely cover the internal components. Turn the regulator opening down and shake excess liquid out. Allow for 10 minutes of contact time to disinfect prior to rinsing. 5. Rinse regulator with clean water using a spray bottle or softly running water. 6. Shake excess water out ofthe regulator. Completely air dry the regulator before use. 7. With the SCBA pressurized, open the purge valve to remove any moisture from the regulator spray bar. 8. Close the cylinder valve and bleed off pressure from the system using the purge valve. 9. DO NOT use compressed shop air to dry out the regulator assembly Facepiece 1. Wash with a solution of mild soap or detergent and warm water. Thoroughly rinse in clean tap water. To disinfect, sponge facepiece with disinfectant or a 70% solution of Isopropyl Alcohol. Rationale: Page 2 of 4 In order to provide for firefighter safety and to comply with OSHA requirements, SCBA's must be inspected on a regular basis and they must be correctly cleaned after each use. Exception: None Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 3 of 4 Farmington Fire Department SCBA Check Sheet Date: Vehicle SCBA # SCBA # Tank # Hydro Date Tank # Hydro Date SCBA Visual Inspection D SCBA Visual Inspection D Cylinder Pressure D Cylinder Pressure D Alarms Function D Alarms Function D Batteries D Batteries D Heads Up Display D Heads Up Display D Buddy Breathing Couplers D Buddy Breathing Couplers D Checked By Checked By SCBA # SCBA # Tank # Hydro Date Tank # Hydro Date SCBA Visual Inspection D SCBA Visual Inspection D Cylinder Pressure D Cylinder Pressure D Alarms Function D Alarms Function D Batteries D Batteries D Heads Up Display D Heads Up Display D Buddy Breathing Couplers D Buddy Breathing Couplers D Checked By Checked By SCBA # SCBA # Tank # Hydro Date Tank # Hydro Date SCBA Visual Inspection D SCBA Visual Inspection D Cylinder Pressure D Cylinder Pressure D Alarms Function D Alarms Function D Batteries D Batteries D Heads Up Display D Heads Up Display D Buddy Breathing Couplers D Buddy Breathing Couplers D Checked By Checked By Cylinder # Pressure Cylinder # Pressure Spare Cylinders Cylinder # Pressure Cylinder # Pressure Cylinder # Pressure Cylinder # Pressure Page 4 of 4 City of Farmington Fire Department Operating Guideline Date: January 1,2006 Subject: Training Meeting Make Up Statement of Purpose: Establish guidelines for the use of outside of the Department training as makup training for missed drills. Guideline: 1. All members who attend Fire Department approved training outside of normally scheduled training (Monday night or Tuesday morning) will receive one make up credit for every eight hours of training attendance. 2. Online fire related courses may also be used as make up for make up credits. One make up credit will be provided for every eight continuing education units (CEU'S). 3. Make up credits may be used to make up no more than three training meetings per reporting year. 4. Only one make up credit may be used per reporting quarter. S. Make up credits must be used within one calendar year of completion of the outside training. 6. Request to use a make up credit must be given to an Officer of the department prior to the training meeting being missed. 7. Request for make up credit must be submitted to an Officer of the Department along with a certificate of course completion within 30 days of completing training course. 8. No financial compensation will be given for missed regularly scheduled drills where a makeup credit is used. Rationale: This SOG is designed to ensure Department personnel receive proper credit for taking the time to attend or complete special training above and beyond our normally scheduled training. Exception: None. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 1 of2 Make Up Credit Request Form Today's Date: Name: Course Name: Date( s) Course Completed: Hours Attended/CEU's Earned: Submit completed form along with a copy of your certificate of completion to an Officer of the Department. This form must be completed and submitted within 30 days of course completion. Page 2 of2 City of Farmington Fire Department Operating Guideline Date: January 1, 2005 Subject: Turnout gear inspection and cleaning Statement of Purpose: Provide guidelines to firefighters for the inspection and cleaning of turnout gear. Guideline: Members will be responsible for inspecting and cleaning their turnout gear. Firefighters turnout gear, including helmet, will be inspected as follows: 1. Upon receipt of new gear or replacement components (to ensure proper sizing and confirm that there are no manufacturer defects). 2. At least quarterly during the useful life ofthe garment. 3. After exposure to heat, flames, chemicals, or firefighting agents, (including fire fighting foam/water solution). 4. After washing, repairs. Inspection shall include the following: 1. Char and Heat Damage: All three layers should be examined for charred, burned, or discolored areas that may result in loss of tensile strength and material degradation. To check for weakening of fabric, aggressively flex the material and attempt to push a finger or thumb through the fabric. 2. Fabric or Material Damage: Clothing that has become tom, ripped, cut, abraded or otherwise damaged by wear should be repaired. 3. Thread or Seam Damage: All seams in each separate layer ofthe garment should be inspected for thread or seam damage and re-stitched as necessary. 4. Discoloration: Discoloration to any of the three layers of the protective clothing should be evaluated. Check all discolored or faded areas for tensile strength by aggressively flexing the material and attempting to push a finger or thumb through the fabric. Any loss of strength or weakening of the materials to the degree where the material can he tom with manual pressure is a sign of deterioration and the garment should be removed from service for repair or retirement 5. Moisture Barriers: All moisture barrier material, including sleeve well assemblies, should be checked for peeling or cracking, which are signs of wear and require replacement. Discoloration of the moisture barrier layer may indicate abrasion or other damage that would render the fabric incapable of preventing water entry. 6. Knit distortion: All knit areas of the garments should be examined for loss of strength, loss of shape, or loss of elasticity. 7. Reflective trim: Trim that is loose but still reflective may be re-stitched, while trim that has become Page 1 of 4 burned or otherwise damaged must be replaced. 8. Hardware: Check all hardware, including snaps and D rings, pocket snaps, zippers and take-up buckles to insure functionality. Hook & loop should be inspected to insure that contamination has not affected functionality and that stitching remains secure. All NFP A compliant garments shall be washed at least twice a year. Turnout gear shall only be washed at the Farmington Fire Station to stop the spread of contaminants. Turnout gear must be hung dry, or placed in the gear dryer. Dry cleaning, chlorine bleach or chlorinated detergent is prohibited, as it will weaken the protective quality of the garment. Contaminated turnout gear must be hosed off prior to leaving the scene to aid in the prevention of spreading contamination. Turnout gear must be washed and inspected after any exposure to smoke, hazardous materials or bodily fluids. Turnout gear must not be stored in direct sunlight as the UV rays weaken the protective qualities of the gear. If turnout gear is damaged or cannot be decontaminated, the gear must be taken out of service. Turnout gear must be cleaned before being sent out for repairs. Repairs shall only be made by manufacturer or manufacturers authorized representative. Contaminated gear shall be placed in a plastic bag and tagged for proper disposal. Authorization from the Chief or Assistant Chiefs must be obtained before disposing of any turnout gear. Monthly garment inspection sheets documenting inspection, cleaning and repairs will be kept on file in the Dispatch room in accordance with NFP A 1851. Failure to inspect or clean turnout gear as scheduled above will result in the member being placed on inactive duty until the inspection or cleaning have been completed. Rationale: In order to provide for firefighter safety, lengthen the service life of turnout gear, and be in compliant with NFP A 1851, firefighters must inspect and clean their turnout gear on a regular basis. Exception: None Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Page 2 of 4 Farmington Fire Department Personal Protective Equipment Inspection and Cleaning Record Check = OK 0 = Observation D = Discrepancy I Name: I Year Ending: I Dates Gear Cleaned: I I I I / I Turnout Coat Issue Date: I Size: I Manufacturer SIN: Inner/Outer Shell Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Cleanliness/Tears/ HoleslDamage Velcro/Snaps/Zippers operate correctly Reflective Trim - i\ttachedn)amaged Wristlets (elasticity) Liners - Tears/Holes/ Damage I Turnout Pants Issue Date: I Size: I Manufacturer SIN: Inner/Outer Shell Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Cleanliness/Tears/ HoleslDamage Velcro/Snaps/Zippers operate correctlv Reflective Trim - i\ttachedn)amaged Suspenders Liners - TearsIHoles/ Damage Helmet Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Cleanliness Cracks/Soft Spots, Inside/Outside Reflective Trim/Face Shield Liner/Earflaps/Sizing! Hardware i\ccountability Tags Page 3 of4 Miscellaneous Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boots - Cleanliness/Trim/Sole Hood - Cleanliness/Elasticity SCBA Personal Facepeice Gloves Repairs Date of Repair Description of Repair Performed By Note: Any discrepancies should be reported to an officer of the Department Page 4 of 4 City of Farmington Fire Department Operating Guideline Date: 4/13/05 Subject: Use of station squad. Statement of Purpose: To outline proper usage of the station squad. Guideline: 1. This vehicle is to be used for transportation to and from official department events which include: schools, conferences, chief and marshal activities, meetings, pick up and delivery of department equipment, and incident responses when requested. 2. This vehicle shall not be operated while under the influence of drugs and/or alchol. 3. Members of the department are the only individuals authorized to operate this vehicle. 4. Probationalry and rookie members shall not operate this vehicle in emergency situations (Code 3) unless extenuating circumstances prevail and are instructed to do so by an officer. 5. Direct all requests for use of this vehicle to the chief or one of the assistant chiefs. 6. When using the station squad, it must be signed out on the communication board. 7. The driver must obey all traffic and safety laws. Rationale: Exception: Failure to follow Department policies and guidelines will result in appropriate disciplinary action. PaQe 1 of 1 City of Farmington Fire Department Operating Guideline Date: 4/13/05 Subject: Fire Chief/Fire Marshal's vehicle. Statement of Purpose: To outline the chieflmarshal's vehicle acceptable usage. Guideline: 1. Vehicle to be used for transportation to and from fires by the chief, marshall, or acting fire chief. 2. Vehicle to be used for the chief and/or fire marshal to carry out their daily duties as assigned. 3. In the event the fire chief is unable to perform hislher duties for any length of time exceeding 24 hours, the use of this vehicle shall be assigned to the next ranking fire officer. 4. Obey all traffic and safety laws. Rationale: Exception: Failure to follow Department policies and guidelines will result in appropriate disciplinary action. PaQ"e 1 of 1 City of Farmington Fire Department Operating Guideline Date: 4/5/2005 Subject: Parade Participation Policy Statement of Purpose: To outline proper procedures and conduct while participating in parades. Guideline: 1. Requests made by members to participate are to direct such requests to the Chief or one of the assistant cheifs in the Cheifs absence. 2. Any request received after deadline for notification will be denied. 3. A minimum of (2) firefighters will be assigned to each apparatus participating in any parade. 4. Firefighters are required to have their turnout gear with them while participating in parades. 5. Any and all passengers (members and non members) accompanying the firefighters during the parade, and to and from the parade, must ride inside the cab of the apparatus. No passanger (members and non members) shall be allowed to ride in the hose beds, roofs, or bumpers of any apparatus. 6. Any apparatus being occupied by a non member shall be classified as out of service. When participating in a parade event out of our fire coverage area and a paged call is received requiring the return of the apparatus to our fire area, whether occupied by non members or not, the apparatus shall return to the assigned station code 1 (no lights or sirens). Non members shall be dropped off at the station, and regular members added to complete a full compliment for the respecive vehicle. Apparatus with a minimum compliment requirment of three firefighters (Example: 4790, 4797, 4793, 4794, 4795, 4796), may respond Code 3 (lights and siren) to the scene of the paged call. 7. The 1929 Dodge and 1941 Ford are not Code 3 vehicles and under no circumstance shall either vehicle be used as such. 8. It shall be the resposibility of the members participating in the parade to clean the apparatus prior to and after (if needed). 9. The number of passengers shall not exceed the number of seated positions in the apparatus. 10. Seat belts must be worn by driver and all passengers while en route to and from the parade route. 11. Any children requiring the use of a child safety seat are not permitted. Rationale: Exception: The 1929 Dodge and 1941 may have passengers ride in the hose bed provided the apparatus does not exceed five (5) miles per hour. Failure to follow Department policies and guidelines will result in appropriate disciplinary action. Parre 1 of 1 City of Fartnington Minnesota Fire Departtnent Blood Borne Pathogens Exposure Control Progratn OSHA 1910.1030 January 1,2006 Page -1- Fire Department Compliance Guide Respiratory Protection Program TABLE OF CONTENTS 1.0 Purpose .. ..... ........... ............. ...... ......... ........ ...... .... ........... .... ........... ................ .... .............. ..... .....3 , l' . ' 3 2.0 Scope and App lcatIon ...... .................. ............ ......... ..... ............... .......... ....... ............ ....... .......... 3.0 References.................................................................................................................... ..............3 4.0 Definitions.................................................................................................................... ..............3 5.0 Equipment...................................................................................................................... ............4 6.0 Procedures..................................................................................................................... .............5 Appendix A................................................................................................................................... .12 Appendix B .. ................... .............................. ............................... ................ ...... ....... ........ ........... ..13 Appendix C ....................... ............................ .......... ................ ....... ......................... ........ ........ .......14 Page -2- 1.0 Purpose The purpose of this program is to describe the equipment, procedures and policies concerning infection control efforts ofthe Farmington Fire Department. This program compliments the City of Farmington's Infection Control Program 2.0 Scope and Application The procedures outlined below shall be applied in all phases and all areas of Farmington Fire Department operation. The Farmington Fire Department is extremely concerned with the potential exposure of firefighters and all emergency workers to contagious diseases in the performance of their duties. These duties may expose firefighters to infectious agents without warning from the patient being treated. To minimize the risk of exposure, all firefighters shall be provided with the necessary equipment and training to include initial and continuing education on infection control procedures and equipment. 3.0 References City of Farmington Infection Control Program OSHA regulations: 29 CFR Part 1910.1030 Occupational Exposure to Bloodborne Pathogens (Final Rule) 29 CFR Part 1910.1020 Access to Employee Exposure and Medical Records 4.0 Definitions Blood - human blood, human blood components, and products made from human blood. Bloodborne Pathogens - pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV). Contaminated - the presence or the reasonably anticipate presence of blood or other potentially infectious materials on an item or surface. Decontamination - the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal. Employee's duties - the duties of employees designated as part oftheir job description. Employees who are not designated to render first aid and who perform unanticipated or collateral Page -3- "Good Samaritan" acts are excluded from coverage since such an action does not constitute "occupational exposure". HBV - hepatitis B virus HIV - human immunodeficiency virus Occupational exposure - the reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. Other Potentially Infectious Materials (OPIM) - any of the following: Human body fluids including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva or any other body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids Any unfixed tissue or organ (other than intact skin) from a human (living or dead) HIV -containing cell or tissue cultures, organ cultures, and HIV - or HBV -containing culture medium or other solutions; and blood, organs, or other tissues potentially infected by HIV or HBV. Parenteral - the piercing of mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, and abrasions. Personal Protective Equipment (PPE) - the specialized clothing or equipment worn by an employee for protection against a hazard. Post Exposure Prophylaxis (PEP) - Actions, counseling, and training provided after a serious exposure incident. Universal Precaution - an approach to infection control. According to the concept of Universal Precaution, all human blood and certain human body fluids are treated as if known to be infectious for BBP or OPIM. Work Practice Controls - controls that reduce the likelihood of exposure by altering the manner in which a task is performed. 5.0 Equipment The Farmington Fire Department shall provide firefighters with the appropriate equipment and supplies to minimize the spread and effect of contagious or infectious agents. The equipment will be readily available to any provider on the scene and will be kept in serviceable condition. This will include but is not limited to the following: Page -4- . Disposable patient use items: Bag-Valve-Masks, airways, blankets, oxygen delivery devices, suction catheters, head immobilizers, etc. . Cleaning supplies: Disinfecting agents, soaps, disposable towels, red biohazard bags, etc. . Personal protective equipment: Latex gloves, masks, eye protection, gowns, etc. 6.0 Procedures Implementation Methodology . Universal precautions will be observed in order to prevent contact with BBP or OPIM. All blood or OPIM will be considered infectious regardless of the perceived status of the source individual. . Engineering and work practice controls will be utilized to eliminate or minimize exposure to employees. The following engineering controls will be the minimum utilized: o Disposable sharps containers will be utilized. o Contaminated needles and other contaminated sharps shall not be bent, recapped, or handled without due care. The use of needle-less or self sheathing catheters is encouraged. o Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure. o All procedures involving BBP or OPIM shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances. o Any blood or OPIM shall be placed in a container that prevents leakage during collection, handling, processing, storage, transport, or shipping. The use of absorbent materials to soak up spilled liquids should be done whenever possible. o The use of properly marked and/or labeled containers will be used as required. o Employees will wash hands with soap and water as soon as practical after exposures to BBP or OPIM and after removal ofPPE. When hand- washing facilities are not immediately available, use of antiseptic or germicidal wipes will be utilized, followed by proper hand washing as soon as possible. Page -5- Personal Protective Equipment Whenever the possibility of a provider being contaminated by a patient's body fluids exists, the provider must employ some sort of barrier protection. This will be even more important if the provider has some sort of open injury on their skin. The use of latex gloves will usually suffice as protection, double or triple gloving may be used if in the judgment of the provider it is deemed appropriate. If the splashing/spraying of body fluids is expected or likely, more complete protection may be required. These situations will require the use of goggles (eye protection), gowns, masks and gloves. These barrier protection devices shall be considered disposable and not used for more than one patient contact. Protective equipment that has become contaminated shall be removed and disposed of immediately or as soon as possible. All protective equipment used will be removed and properly disposed of as soon as possible, either at the scene or at the hospital. Protective equipment that is soiled at an incident will not be worn in any Farmington Fire Department apparatus or brought back to the station except that equipment which is in a red biohazard bag. Examples of treatments that may require the use of gloves are when Performing CPR, handling a patient that is incontinent, providing airway maneuvers, controlling bleeding and bandaging. Goggles (eye protection) and masks will be employed in situations that may potentially result in body fluids spraying or splattering. Clothing that becomes contaminated will be changed as soon as is practical. Clothing that is contaminated will be placed in a red biohazard bag until it can be correctly laundered and will be cleaned separately from normal laundry items. At no time will contaminated clothing, or any other item for that matter, be taken home to be cleaned. If the clothing is not able to be cleaned by processes available at the station it shall be disposed of. Personnel will also cleanse the skin area underneath the contaminated clothing by the appropriate method. Hand Washing One of the most important considerations to affect infection control is the use of frequent hand washing. Providers shall wash their hands as soon as possible after each patient contact whether gloves were used or not. The use of anti-microbial soap is preferred. If soap and water are not readily available the provider will use the disposable anti-microbial wipes that will be kept on all EMS equipped apparatus. After using these wipes the provider will wash their hands as soon as soap and water is available. Disposable Supplies: The use of disposable medical equipment and supplies will be encouraged to reduce the possibility of cross contamination and handling of soiled equipment. At no time will a disposable item be used on more than one patient or attempted to be cleaned and restocked. Handling of Soiled Equipment: Page -6- It is understood that some contamination of equipment will occur during the treatment and transportation phase of an incident. All providers should attempt to keep equipment as clean as possible. If it becomes necessary to handle soiled equipment, providers shall at least wear gloves and if necessary, masks and goggles, to avoid the splashing or flinging of potentially infected material onto their mucous membranes. Care will be taken while handling contaminated equipment to avoid unnecessary contamination of personnel. As soon as practical, contaminated equipment shall be placed in a red biohazard bag then transported to a suitable area to be cleaned. Disposable items shall then be disposed of properly, this means they will be placed in a red biohazard bag and taken to the hospital and placed in a trash receptacle marked with biohazard label. Contaminated supplies should go with the Ambulance whenever possible. Reusable equipment shall be cleaned in an appropriate location where possible contamination controls can be maintained. Gross particulate matter shall be rinsed off and washed down a sewer drain. Equipment then shall be cleaned and or soaked in either a 10% bleach solution or approved equivalent for at least ten minutes and then air dried if possible. The soaking time requirement may be adjusted to reflect the disinfectant instructions. After decontaminating the equipment, any items used for cleaning and the general area shall be either cleaned/disinfected or disposed of in an appropriate manner. Sharps: Engineering controls mandated by OSHA require the use of "safer needle devices", such as needle-less systems and lor self-sheathing needles. These devices will be used whenever they are available. Sharps will be considered to be needles, syringes, IV catheters, scalpels and drug injection devices. All sharps should be handled with the utmost of care to avoid needle sticks and shall be placed in a suitable sharps container as soon as possible after use. (N access needles shall be placed in a sharps container immediately.) Small sharps containers shall be kept in the trauma box on each ALS unit. At no time should providers stick needles into upholstered items or any place else other than a sharps container. Vaccinations: All Farmington Fire Department personnel are encouraged to keep their immunizations up to date. These include but are not limited to: Measles, Mumps, Rubella, Tetanus, and Influenza'. In addition, all personnel will be offered free Hepatitis B vaccinations. If a provider wishes not to receive the HBV vaccination, they must sign a declination form to be kept in their personal file (See Appendix A). If a provider who has signed a declination for the HBV vaccination changes hislher mind, the vaccination process will be initiated as soon as possible. HBV titer checks may be done whenever deemed necessary by the department. Any required prophylactic actions will be provided for by the department. Training Page -7- Training and information will be conducted upon initial assignment to tasks where occupational exposure may occur and on an annual basis. Training will include the following topics (as needed according to OSHA interpretation letters): . Information about BBP, OPIM and OSHA standard for Bloodborne Pathogens. . General explanation of symptoms of blood borne diseases. . An explanation of the modes of transmission of BBP. . An explanation of the employer's exposure control plan. . An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to BBP and OPIM. . An explanation of the use and limitations of methods that will prevent or reduce exposure, including appropriate engineering controls, work practices, and PPE. . Information about the types, proper uses, location, removal, handling, decontamination and disposal of PPE. . An explanation regarding the basis for selection of PPE. . Information regarding the appropriate actions to be taken in an emergency involving direct exposure to BBP or OPIM. . An explanation of the symbols, labels and or color-coding required for bio-hazardous waste materials on packaging materials. . An opportunity for interactive questions and answers with the person conducting the training session. EXPOSURES: This procedure outlines the process for Farmington Fire Department employees who, during the performance of their duties, are exposed to infectious diseases such as, but not limited to: hepatitis, HIV, tuberculosis, meningitis, or other biological agents such as scabies, lice, etc. All exvosures must be revorted and documented If a provider has an exposure incident they are entitled to a confidential medical evaluation and follow-up. However, the provider must report the exposure immediately so that documentation and tracking can begin. Any treatment, testing or additional follow-up which is medically necessary will be provided to the provider by the Department. When an exposure occurs, immediate decontamination shall begin. Any soiled protective equipment will be removed, and the skin surfacelmucous membrane area rinsed with water. Any skin area will then be thoroughly cleaned with an antimicrobial soap and water. If the exposure Page -8- involves a needle stick! wound, immediately bleed the wound and wash thoroughly with soap and water and bandage. If emergency treatment is required as a result of the exposure incident, it will be provided through the Emergency Room as selected by ALS responder or by Farmington Fire Department personnel as required. Appropriate departmental and town notifications and documentation will be done as soon as possible. For severe exposures this may include: . Personal Accident/Injury Report . Report of Significant Work Exposure to Bodily Fluids [ICA Form] (See Appendix B) The Emergency Room Staff/Physician will be consulted for possible medical treatment and Exposure documentation and follow-up as outlined in O.S.H.A. 1910.1030 (f) (3) (II) (A) The City of Farmington's health provider will review the incident with the employee and determine the level of risk. Prophylaxis will be recommended and offered depending on the level of exposure. PEP will be decided on a case-by-case basis, based on the exposure risk and likelihood of infection in known or possible source patients. Where a less severe exposure occurs (i.e. a severity rating of "Minimal" or "Probable None") the following paperwork should be completed: . Farmington Fire Department Infectious Exposure Form . Supervisors Report of Industrial Injury The employee's immediate supervisor should be contacted in all cases of exposure. MEDICAL EXPOSURE SEVERITY RATING: · SIGNIFICANT o Source blood, urine, feces, semen, saliva, mucous, tears or other medical contaminant to provider's blood through direct entry point (i.e. break in skin). · MODERATE o Source blood, urine, feces, mucous or other medical contaminant to provider's mucous membranes (i.e. eye, mouth). These membranes can be rinsed to reduce exposure severity. · MINIMAL o Patient blood, urine, feces or other medical contaminant to provider's intact skin. Skin can be cleaned. Page -9- o Patient skin in contact with provider's mucous membranes. Membranes can be rinsed. · PROBABLE NONE o Provider in area, but no direct contact with patient or body fluids. o Patient's skin in contact with provider's intact skin. Skin can be cleaned. OFF -DUTY EXPOSURES: Due to the hazardous nature of some communicable diseases, providers shall be required to report to their supervisor when they have received a confirmed exposure that has occurred off- duty or is being medically treated or tested due to presenting signs or symptoms. Verbal notification shall be followed up with a note or letter from the provider's physician describing the disease exposed to, treatment required, and fitness for regular duty relative to the communicability hazard to fellow workers and civilians at emergency incidents. RECORD KEEPING Medical Records - The City shall establish and maintain an accurate record for each employee with occupational exposure, in accordance with 29 CFR 1910.1020 and 1910.1030. (Department Heads are responsible for insuring that a copy of these records is forwarded to Human Resources.) This record shall include: . Employee name and social security number . Authorization letter for the release of employee medical record information to a designated representative. (Appendix C). . A copy of the employee's HEP B vaccination status including the dates of all of the vaccinations and any medical records relative to the same. . A copy of all results of examinations, medical testing and follow-up procedures as required by exposure incidents. . The employer's copy of the healthcare professional's written opinion required for exposure incidents. . A copy of the information provided to the healthcare professional as required by exposure incidents. The employer shall maintain all such records confidential and shall not disclose or report any of the contents without the employee's express written consent to any person within or outside the workplace except as required by this section or as may be required by law. The employer shall maintain these medical records for at least the duration of employment plus 30 years in accordance with 29 CFR 1910.1020 Page -10- Training Records - (Department Heads are responsible for insuring that a copy of these records is forwarded to Human Resources.) Training records shall include the following information . The names and job titles of all persons attending the training session( s) . The dates ofthe training session(s) . The contents or a summary of the training session(s) . The name(s) and qualifications ofperson(s) conducting the training Page -11- Appendix A HEPATITIS B VACCINE DECLINATION (MANDATORY) I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis B Virus (HBV) infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself. However, I decline , Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B vaccine, I can receive the vaccination series at no charge to me. EMPLOYEE SIGN DATE WITNESS SIGN DATE Page -12- Appendix B Infection Exposure Form Farmington Fire Department EXPOSED EMPLOYEE: RANK: SOCIAL SECURITY NUMBER: INCIDENT NUMBER: NAME OF PATIENT: SUSPECTED OR CONFIRMED DISEASE: PT. TRANSPORTED TO: BY: DATE OF EXPOSURE: TIME OF EXPOSURE: WHAT WERE YOU EXPOSED TO: BLOOD 0 FECES 0 URINE 0 SALIVA 0 VOMITUS 0 SPUTUM D OTHER: WHAT PART (S) OF YOUR BODY BECAME ~XPOSED: BE SPECIFIC: HOME PHONE: TYPE OF CALL: SEX: AGE: DID YOU HAVE ANY OPEN CUTS, SORE OR RASHES THAT BECAME EXPOSED; BE SPECIFIC: HOW DID EXPOSURE OCCUR: DID YOU SEEK MEDICAL ATTENTION: WHERE: WHEN: COPIES OF FORM TO CHIEF: EMPLOYEES SIGNATURE: SUPERVISORS SIGNATURE: COMMENTS: DATE: DATE: Page -13- Appendix C Authorization Letter for the Release of Employee Medical Records to a Designated Representative I, , (full name of worker/patient) hereby authorize (individual or organization holding the medical records) to release to (individual or organization authorized to receive the medical information), the following medical information from my personal medical records: (Describe generally the information desired to be released). I give my permission for this medical information to be used for the following purpose: but I do not give permission for any other use or re-disclosure of this information. (Note: Several extra lines are provided below so that you can place additional restrictions on this authorization letter if you want to. You may, however, leave these lines blank. On the other hand, you may want to (1) specify a particular expiration date for this letter (ifless than one year); (2) describe medical information to be created in the future that you intend to be covered by this authorization letter; or (3) describe portions of the medical information in your records which you do not intend to be released as a result of this letter.) Full name of Employee or Legal Representative Signature of Employee or Legal Representative Date of Signature: Page -14- City of Fartnington Minnesota Fire Departtnent Respiratory Protection Progratn OSHA 1910.134 January 1, 2006 Last Revised: 1/1/06 Page -1- Fire Department Compliance Guide Respiratory Protection Program TABLE OF CONTENTS 1.0 Purpose .............................................................................................................................. ........3 2.0 Scope and Application...............................................................................................................3 3.0 Responsibilities................................................................ ~.........................................................4 Program Administrator........................................................................................................4 Supervisors/Company Officers............................................................................................4 Employees..................................................................................................................... .......5 4.0 Program Elements......................................................................................................................5 Selection Procedures............................................................................................................5 Medical Evaluation.............................................................................................................. 7 Fit Testing........................................................................................................................ ....8 Respirator Use......................................................................................................................9 Air Quality (Supplied by Department Compressor) ..........................................................10 Cleaning, Maintenance, Change Schedules and Storage ...................................................10 Training....................................................................................................................... ...... .12 5.0 Program Evaluation................................................................................................................ .13 6.0 Documentation and Recordkeeping ....... ............... ....... .......... ......... ......... ........... ........... ..........13 Table 2 Farmington Fire Department Personnel Program .............................................................14 Table 3 Farmington Fire Department Hazard Assessment ............................................................20 Appendix References.................................................................................................................... .21 Page -2- 1.0 Purpose The City of Farmington has determined that employees in the Farmington Fire Department are exposed to respiratory hazards during routine operations. These hazards include smoke particulates, and vapors, and in some cases represent Immediately Dangerous to Life or Health (IDLH) conditions. The purpose of this program is to ensure that all Farmington Fire Department employees are protected from exposure to these respiratory hazards. Positive pressure Self Contained Breathing Apparatus (SCBA) are the first line of defense at Farmington Fire Department. In IDLH situations, respirators and other protective equipment must be used. Respirators will be used to protect employees' health during emergencies. The work requiring respirator use at Farmington Fire Department are outlined in Table 1 in the Scope and Application section of this program. In addition, some employees have expressed a desire to wear respirators during certain operations that do not require respiratory protection. As a general policy Farmington Fire Department will review each of these requests on a case-by-case basis. If the use of respiratory protection in a specific case will not jeopardize the health or safety ofthe worker(s), Farmington Fire will provide respirators for voluntary use. As outlined in the Scope and Application section of this program, voluntary respirator use is subject to certain requirements of this program. 2.0 Scope and Application This program applies to all employees who are required to wear respirators during normal work operations, and during some non-routine or emergency operations. This includes employees working in fire suppression and the hazardous materials incidents. All employees working in these areas and engaged in certain operations or tasks (as outlined in the table below) must be enrolled in the company's respiratory protection program. In addition, any employee who voluntarily wears a respirator when a respirator is not required (Le., in certain maintenance and training operations) is subject to the medical evaluation, cleaning, maintenance, and storage elements of this program, and must be provided with certain information specified in this section of the program. Employees participating in the respiratory protection program do so at no cost to them. The expense associated with training, medical evaluations and respiratory protection equipment will be borne by the department. TABLE 1: VOLUNTARY AND REQUIRED RESPIRATOR USE AT FARMINGTON FIRE DEPARTMENT Respirator Department/Process Filtering facepiece (dust mask) V oluntary use in dust environments Page -3- SCBA, 45 minute open circuit positive pressure Fire Suppression - IDLH environments - Hazardous Materials Incidents 3.0 Responsibilities Program Administrator The Program Administrator is responsible for administering the respiratory protection program. Duties of the program administrator include: ~ Identifying work areas, processes or tasks that require employees to wear respirators, and evaluating hazards. ~ Selection of respiratory protection options. ~ Monitoring respirator use to ensure that respirators are used in accordance with their certifications. ~ Arranging for and/or conducting training. ~ Ensuring proper storage and maintenance of respiratory protection equipment. ~ Conduct or oversee fit testing. ~ Administering the medical surveillance program. ~ Maintaining records required by the program. ~ Evaluating the program. ~ Updating written program, as needed. The Program Administrator for Farmington Fire Department is the Fire Chief or hislher designee. Supervisors/Company Officers Supervisors/Company Officers are responsible for ensuring that the respiratory protection program is implemented by employees. In addition to being knowledgeable about the program requirements for their own protection, Supervisors/Company Officer must also ensure that the program is understood and followed by the employees under their charge. Duties of the supervisor include: Ensuring that new employees under their supervision have received appropriate fit testing, training, and medical evaluation. Ensuring that employees under their supervision have received appropriate training, annual fit testing, and necessary medical re-evaluation. Ensuring the availability of appropriate respirators and accessories. Being aware of tasks requiring the use of respiratory protection. Enforcing the proper use of respiratory protection when necessary. Ensuring that respirators are properly cleaned, maintained, and stored according to the respiratory protection plan. Ensuring that respirators fit well and do not cause discomfort. Continually monitoring work areas and operations to identify respiratory hazards. Coordinating with the Program Administrator on how to address respiratory hazards Page -4- or other concerns regarding the program. Employees Each employee has the responsibility to wear his or her respirator when and where required and in the manner in which they were trained. Employees must also: Care for and maintain assigned respirator facepiece as instructed, and store them in a clean sanitary location. Inform their supervisor if the respirator facepiece no longer fits well, and request a new one that fits properly. Inform their supervisor or the Program Administrator of any respiratory hazards that they feel are not adequately addressed in the workplace and of any other concerns that they have regarding the program. 4.0 Program Elements Selection Procedures The Program Administrator will select respirators to be used on site, based on the hazards to which workers are exposed and in accordance with all OSHA standards. The Program Administrator will conduct a hazard evaluation for each operation, process, or work area where airborne contaminants may be present in routine operations or during an emergency. The hazard evaluation will include: 1) Identification and development of a list of hazardous substances used in the workplace, by department, or work process. 2) Review of work processes to determine where potential exposures to these hazardous substances may occur. This review shall be conducted by surveying the workplace, reviewing process records~ and talking with employees and Supervisors/Company Officer. 3) Exposure monitoring to quantify potential hazardous exposures. Additional monitoring will be contracted out to services to provide monitoring when needed. The results of the current hazard evaluation are the following: (Table 3 at the end of this program contains the data that this section was based on.) Fire Suppression Interior Structure Farmington Fire Department has decided to take a conservative approach and require all employees to wear SCBA respirators when working inside the operations areas at incidents. Based on exposure data in published reports on this type of incident, the Program Administrator has determined that an SCBA in positive pressure mode will provide sufficient protection. Positive pressure SCBA are required for employees involved with fue suppression activities. Ventilation controls on structure incidents will be in place, but employees will continue to wear and use while inside the operations ~ea. Page -5- Fire Suppression Vehicles and Transportation Farmington Fire Department has decided to take a conservative approach and require all employees to wear SCBA respirators when working inside the operations areas at incidents. Based on exposure data in published reports on this type of incident, the Program Administrator has determined that an SCBA in positive pressure mode will provide sufficient protection. Fire Suppression Grass and Vegetation Farmington Fire Department has decided to take a conservative approach and require all employees to be prepared to wear SCBA respirators when working inside the operations areas at incidents. Based on exposure data in published reports on this type of incident, the Program Administrator has determined that an SCBA in positive pressure mode and some cartridge filter masks will provide sufficient protection. While Farmington Fire Department notes that respiratory protection is not required in this area, the department recognizes employee concern about breathing vapors and about having to work in an unpleasant environment. Accordingly, employees may voluntarily choose to wear SCBA when working in this area. Hazardous Materials Incidents Farmington Fire Department has decided to take a conservative approach and require all employees to wear SCBA respirators when working inside the operations areas at incidents. Based on exposure data in published reports on this type of incident, the Program Administrator has determined that an SCBA in positive pressure mode will provide sufficient protection in most incidents however each situation will be evaluated on a case by case basis. Confined Space Incidents Farmington Fire Department has decided to take a conservative approach and require all employees to wear SCBA respirators when working inside the operations areas at incidents. Based on exposure data in published reports on this type of incident, the Program Administrator has determined that an SCBA in positive pressure mode will provide sufficient protection in most incidents however each situation will be evaluated on a case by case basis. Training Evolutions Farmington Fire Department has decided to take a conservative approach and require all employees to wear SCBA respirators when working in areas where artificial smoke is being used. Based on exposure data in published reports on this type of smoke, the Program Administrator has determined that an SCBA in positive pressure mode will provide sufficient protection in most situations however each situation will be evaluated on a case by case basis. Department Maintenance Activities: Because of potential IDLH conditions, employees must wear a positive pressure SCBA during the performance of there maintenance activities that require SCBA. Although exposure monitoring has shown that exposures are kept within PELs during these Page -6- procedures, Farmington Fire Department will provide respirators to workers who are concerned about potential exposures. Updating the Hazard Assessment The Program Administrator must revise and update the hazard assessment as needed (Le., any time work process changes may potentially affect exposure). If an employee feels that respiratory protection is needed during a particular activity, he/she is to contact his or her supervisor/company officer or the Program Administrator. The Program Administrator will evaluate the potential hazard, arranging for outside assistance as necessary. The Program Administrator will then communicate the results of that assessment back to the employees. If it is determined that respiratory protection is necessary, all other elements of this program will be in effect for those tasks and this program will be updated accordingly. NIOSH Certification All respirators must be certified by the National Institute for Occupational Safety and Health (NIOSH) and shall be used in accordance with the terms of that certification. Also, all filters, cartridges, and canisters must be labeled with the appropriate NIOSH approval label. The label must not be removed or defaced while it is in use. Voluntary Respirator Use Farmington Fire Department will provide respirators at no charge to employees for voluntary use for the following work processes: Employees may wear organic vapor cartridge filtering respirators while working in the vegetation incidents. EMS workers may wear filtering facepiece. The Program Administrator shall authorize voluntary use of respiratory protective equipment as requested by all other workers on a case-by-case basis, depending on specific workplace conditions and the results of the medical evaluations. Medical Evaluation Employees who are either required to wear respirators, or who choose to wear respirators voluntarily, must pass a medical exam before being permitted to wear a respirator on the job. Employees are not permitted to wear respirators until a physician has determined that they are medically able to do so. Any employee refusing the medical evaluation will not be allowed to work in an area requiring respirator use. Any employee who does not comply with facial hair rules will not wear respirators. A licensed physician at Regina Medical Center, where all company medical services are provided, will provide the medical evaluations. Medical evaluation procedures are as follows: The medical evaluation will be conducted using the questionnaire provided in Appendix C of 1910.134 the respiratory protection standard. The Program Administrator will provide a copy of this questionnaire to all employees requiring medical evaluations. Page -7- To the extent feasible, the department will assist employees who are unable to read the questionnaire (by providing help in reading the questionnaire). When this is not possible, the employee will be sent directly to the physician for medical evaluation. All affected employees will be given a copy of the medical questionnaire to fill out. Follow-up medical exams will be granted to employees as required by the standard, and/or as deemed necessary by the Regina Medical Center physician. All employees will be granted the opportunity to speak with the physician about their medical evaluation, if they so request. The Program Administrator has provided the Regina Medical Center physician with a copy of this program, a copy of the Respiratory Protection standard, the list of hazardous substances by work area, and for each employee requiring evaluation: his or her work area or job title, proposed respirator type and weight, length of time required to wear respirator, expected physical work load (light, moderate, or heavy), potential temperature and humidity extremes, and any additional protective clothing required. After an employee has received clearance and begun to wear his or her respirator, additional medical evaluations will be provided under the following circumstances: Employee reports signs and/or symptoms related to their ability to use a respirator, such as shortness of breath, dizziness, chest pains, or wheezing. The Regina Medical Center physician or supervisor informs the Program Administrator that the employee needs to be reevaluated; ~ Information from this program, including observations made during fit testing and program evaluation, indicates a need for reevaluation; ~ A change occurs in workplace conditions that may result in an increased physiological burden on the employee. A list of Farmington Fire Department employees currently included in medical surveillance is provided in Table 2 of this program. All examinations and questionnaires are to remain confidential between the employee and the physician. Fit Testing Fit testing is required for employees wearing SCBA annually. Employees who are required to wear SCBA will be fit tested prior to being allowed to wear any respirator with a tight fitting facepiece. When there are changes in the employee's physical condition that could affect respiratory fit (e.g., obvious change in body weight, facial scarring, etc.). Employees will be fit tested with the make, model, and size of respirator that they will actually wear. Employees will be provided with several models and sizes of respirators so that they may find an optimal fit. The Program Administrator will conduct or provide for fit tests following the OSHA approved protocol in the Appendix of the Respiratory Protection standard 1910.134. Page -8- The Program Administrator will determine whether QNFT or QLFT is required for the respirators used under current conditions at Farmington Fire Department department. If conditions affecting respirator use change, the Program Administrator will evaluate on a case-by- case basis which method will be required. Respirator Use Respiratory protection is required for the following personnel: See Table 2 at end of this program. General Use Procedures: ~ Employees will use their respirators under conditions specified by this program, and in accordance with the training they receive on the use of each particular model. In addition, the respirator shall not be used in a manner for which it is not certified by NIOSH or by its manufacturer. ~ All employees shall conduct user seal checks each time that they wear their respirator. Employees shall use either the positive or negative pressure check (depending on which test works best for them) specified in Appendix B-1 of the Respiratory Protection Standard 1910.134. ~ All employees shall be permitted to leave the work area to go to the rehab area to maintain their respirator for the following reasons: to clean their respirator if the respirator is impeding their ability to work, change filters, cartridges, tanks, replace parts, or to inspect respirator if it stops functioning as intended. Employees should notify their supervisor before leaving the area. ~ Employees are not permitted to wear tight-fitting respirators if they have any condition, such as facial scars, facial hair, or missing dentures, that prevents them from achieving a good seal. Employees are not permitted to wear headphones, jewelry, or other articles that may interfere with the facepiece-to-face seal. Emergency Procedures: The following work areas have been identified as having foreseeable emergencies: Structure Fires . Transportation Incidents Confined Space Incidents Hazardous Materials Incidents When emergencies occur, employees that are affected must immediately exit the work area. Farmington Fire Department's Emergency Action Plan describes these procedures (including proper evacuation routes and rally points) in greater detail. Respirator Malfunction Page -9- 1. SCBA Respirator Malfunction: For any malfunction of an SCBA (e.g., such as breakthrough, facepiece leakage, or improperly working valve), the respirator wearer should inform his or her supervisor that the respirator no longer functions as intended, and go with their buddy to the designated safe area to maintain the respirator. The supervisor must ensure that the employee receives the needed parts to repair the respirator, or is provided with a new respirator. All workers wearing SCBA respirators will work with a buddy. Buddies shall assist workers who experience an SCBA malfunction as follows: If a worker in the IDLH environment experiences a malfunction of an SCBA, he or she should signal to the buddy that he or she has had a respirator malfunction. The buddy shall aid the worker in immediately exiting the area. IDLH Procedures The Program Administrator has identified the following area as presenting the potential for IDLH conditions: Confined Space Incidents: Properly trained employees may be periodically required to enter a confined space to perform rescue operations. In such cases, workers will follow the permit required confined space entry procedures specified in the Farmington Fire Department's Confined Space Program. As specified in these procedures, the Program Administrator has determined that workers entering this area shall wear a SCBA. In addition, an appropriately trained and equipped standby person shall remain outside the confined space and maintain constant voice and visual communication with the worker. In the event of an emergency requiring the standby person to enter the IDLH environment, the standby person shall immediately notify the Supervisor/Company Officer and will proceed with rescue operations in accordance with rescue procedures outlined in the Farmington Fire Department Confined Space Program. Air Quality (Supplied by Department Compressor) For Self Contained Breathing Apparatus (SCBA) respirators, only Grade D breathing air shall be used in the cylinders. The Program Administrator will coordinate the operation of the department's compressor. The Program Administrator will certify that the air being used from the compressor meets the state and federal regulations and specifications of Grade D breathing air. The Program Administrator will assure the quality of air and may contract with an approved testing company to certify the air quality of the department's compressor. The Program Administrator will oversee the maintenance of the compressor, any replacement parts for the compressor unit. Cleaning, Maintenance, Change Schedules and Storage Cleaning Page -10- Respirators are to be cleaned after each use. The cleaning and disinfecting of SCBA will be done at the designated respirator cleaning station located in the laundry sink in the apparatus bay shower area. Respirators or respirator facepiece issued for the exclusive use of an employee shall be cleaned after each use. The following procedure is to be used by department certified SCBA maintenance personnel when cleaning and disinfecting respirators and only to the level of the training received: Disassemble respirator as recommended by the manufacturer. Wash the facepiece and associated parts in a mild detergent with warm water. Do not use organic solvents. Rinse completely in clean warm water. Wipe the respirator with disinfectant wipes (70% Isopropyl Alcohol) to kill germs. Air dry in a clean area. Reassemble the respirator. Place facepiece in a clean, protective bag. Any repairs or replacement of defective parts that may be needed will be performed by manufacturer certified repair centers. Note: The Program Administrator will ensure an adequate supply of appropriate cleaning and disinfection material at the cleaning station. If supplies are low, employees should contact their supervisor/company officer, who will inform the Program Administrator. Maintenance Respirators are to be properly maintained at all times in order to ensure that they function properly and adequately protect the employee. Maintenance involves a thorough visual inspection for cleanliness and defects. Worn or deteriorated parts will be replaced prior to use. No components will be replaced or repairs made beyond those recommended by the manufacturer. Repairs to regulators or alarms will be conducted by the manufacturer or manufacturer trained personnel. The following checklist will be used when inspecting respirators: ~ Facepiece: cracks, tears, or holes facemask distortion cracked or loose lenses/faceshield ~ Headstraps: breaks or tears broken buckles ~ Valves: residue or dirt cracks or tears in valve material ~ Filters/Cartridges/ Tank: approval designation gaskets cracks or dents in housing proper cartridge for hazard. Proper tank pressure, o-ring Page -11- check and hydro test date. ~ Air Supply Systems: breathing air quality/grade condition of supply hoses Employees are permitted to leave their work area to perform limited maintenance on their respirator in a designated area that is free of respiratory hazards. Change SCBA Cylinders Employees wearing SCBA for protection will exit the IDLH environment and change the cylinder on their respirators when they audio alarm device activates or they experience difficulty breathing (i.e., resistance) while wearing their SCBA. Storage Respirators must be stored in a clean, dry area, and in accordance with the manufacturer's recommendations. Each employee will clean and inspect their own respirator facepiece in accordance with the provisions of this program and will store their respirator facepiece in a protective bag. Defective Respirators Respirators that are defective or have defective parts shall be taken out of service immediately. If, during an inspection, an employee discovers a defect in a respirator, he/she is to bring the defect to the attention of his or her supervisor/company officer. Supervisors/Company Officer will give all defective respirators to the Program Administrator. The Program Administrator will decide whether to: Temporarily take the respirator out of service until it can be repaired. Perform a simple fix on the spot such as replacing a headstrap. Remove the respirator from service due to an irreparable problem or defect. When a respirator is taken out of service for an extended period of time, the respirator will be tagged out of service. All tagged out respirators will be kept in the compressor room with tags clearly visible. Training The Program Administrator will provide training to respirator users and their Supervisors/Company Officer on the contents of the Farmington Fire Department's Respiratory Protection Program and their responsibilities under it, and on the OSHA Respiratory Protection standard. Workers will be trained prior to using a respirator in the workplace. Supervisors/Company Officer will also be trained prior to using a respirator in the workplace or prior to supervising employees that must wear respirators. The training course will cover the following topics: the Farmington Fire Department Respiratory Protection Program Page -12- the OSHA 1910.134 Respiratory Protection standard respiratory hazards encountered at fues, hazardous materials incidents and other situations that require the use of SCBA and their health effects proper selection and use of respirators limitations of respirators respirator donning and user seal (fit) checks fit testing emergency use procedures maintenance and storage medical signs and symptoms limiting the effective use of respirators Employees will be retrained annually or as needed (e.g., if they are issued new or different respirator). Employees must demonstrate their understanding of the topics covered in the training through hands-on exercises and a written test. Respirator training will be documented by the Program Administrator and the documentation will include the type, model, and size of respirator for which each employee has been trained and fit tested. 5.0 Program Evaluation The Program Administrator will conduct periodic evaluations of the workplace to ensure that the provisions of this program are being implemented. The evaluations will include regular consultations with employees who use respirators and their Supervisors/Company Officer, inspections and a review of records. Problems identified will be noted in an inspection log and addressed by the Program Administrator. These findings will be reported to Farmington Fire Department management, and the report will list plans to correct deficiencies in the respirator program and target dates for the implementation of those corrections. 6.0 Documentation and Recordkeeping A written copy of this program and the OSHA standard is kept in the Program Administrator's office and is available to all employees who wish to review it. Also maintained in the Program Administrator's office are copies of training and fit test records. These records will be updated as new employees are trained, as existing employees receive refresher training, and as new fit tests are conducted. The Program Administrator will also maintain copies of the medical records for all employees covered under the respirator program. The completed medical questionnaire and the physician's documented findings are confidential and will remain at Regina Medical Center. The Farmington Fire Department will only retain the physician's written recommendation regarding each employee's ability to wear a respirator. Page -13- TABLE 2: Farmington Fire Department Personnel in Respiratory Protection Program Name Department Job Description Work Procedure/Respirator Ken Kuchera Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Dan Thelen Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jerry Sauber Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Francis Blaha Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Terry Thraen Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Tim Pietsch Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Bill Sauber Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jim Meyer Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Tom Hemish Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jeff Jacobson Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Page -14- Todd Auge Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Mark Kindseth Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jay Clinkscales Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Trent Larson Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Troy Corrigan Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jeff Adelmann Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Brad Parker Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Kevin Kuehn Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Todd Kindseth Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Dan Meyer Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Bob Ellingsworth Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Page -15- Ron Lindstrom Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Terry Verch Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Mike Kiser Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Joe Tullar Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Mike Wise Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Steve Lerbakken Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Mark Jacobson Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Chad Rognlie Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Dave Sender Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jim Schmitz Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. John Bauman Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Page -16- Justin Elvestad Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Tim Vanderlinde Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Adam Fischer Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Bob Eibner Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Andy Skluzacek Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Chris Matek Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Dan Puelston Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Chris Benjamin Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Eric Peterson Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Jeff Aim Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Zack Rademacher Farmington Fire Department - Firefighter Interior Firefighting and IDLH atmospheres. Full facepiece positive pressure SCBA respirator. Page-17- TABLE 3: Farmington Fire Department Hazard Assessment - June 2005 Operation Contaminants Exposure Level PEL Controls Fire Suppression By products of Various Various Mandatory use Interior incomplete of SCBA Structure combustion Fire Suppression By products of Various Various Mandatory use Vehicles and incomplete of SCBA Transportation combustion Fire Suppression By products of Various Various Mandatory use Grass and incomplete of SCBA when Vegetation combustion required Hazardous By products of Various Various Mandatory use Materials incomplete of SCBA and Incidents combustion, protective vapors and equipment liquids Confined Space By products of Various Various Mandatory use Incidents incomplete of SCBA combustion, vapors and , liquids Training By products of Various Various Mandatory use Evolutions simulation of SCBA smoke Department By products of Various Various Mandatory use Maintenance vapors and of SCBA and Activities liquids protective equipment Page -18- APPENDIX REFERENCES Minnesota Department of Labor and Industry (MN-OSHA) Department of Labor & Industry, 443 Lafayette Road, St. Paul, MN 55155 Phone 651-296-6107 * l-800-DIAL-DLI * (TTY) 651-297-4198 MN-OSHA; Web site: http://www.doli.state.mn.us/ Questions and Answers on the Respiratory Protection Standard OSHA Publication Available from OSHA web site: www.OSHA.gov OSHA Instruction: Inspection Procedures for the Respiratory Protection Standard OSHA Publication Available from OSHA web site: www.OSHA.gov Respirator Selection Guide OSHA Publication Available from OSHA web site: www.OSHA.gov Small Entity Compliance Guide for the Revised Respiratory Protection Standard. OSHA Publication Available from OSHA web site: www.OSHA.gov Documentation of the Threshold Limit Values ACGIH Publications Office, 6500 Glenway Ave., Building D-5, Cincinnati, OH 45221 NIOSH/OSHA Pocket Guide to Chemical Hazards National Institute for Occupational Safety and Health Phone Number: (800-356-4674); Web site: www.cdc.gov/nioshlhomepage.html ANSI Respirator Standard 1992 Z88.2 Condensed Chemical Dictionary Gessner G. Hawley, Van Nostrand Reinhold Co., 135 W. 50th St., New York, NY 10020 Industrial Respiratory Protection NIOSH Publication National Institute for Occupational Safety and Health Phone Number: (800-356-4674); Web site: www.cdc.gov/nioshlhomepage.html Respirator Decision Logic NIOSH Publication National Institute for Occupational Safety and Health Phone Number: (800-356-4674); Web site: www.cdc.gov/nioshlhomepage.html NIOSH Guide to the Selection and Use of Particulate Respirators Certified Under 42 CFR 84 Page -19- National Institute for Occupational Safety and Health Phone Number: (800-356-4674); Web site: www.cdc.gov/nioshlhomepage.html Page -20- City of Farmington Labor and Management Guidelines For Complaint Resolution and Problem Solving (07) Introduction: Labor and Management in the City of Farmington have developed these guidelines to promote effective and efficient City governance and to create a satisfactory, productive working environment. The parties agree that a process that encourages expeditious complaint resolution and/or promotes better understanding between Labor and Management will facilitate the above goal. Many complaints or problems are best addressed directly between affected individuals. It is recognized that at times it may be appropriate to include additional representatives or City staff to resolve a problem or complaint. Problems or complaints will be referred to as "issues" in the remainder of this document. Issues that cannot be addressed by recommended processes below: 1. Issues that appear to be violations of the Collective Bargaining Agreement are to be addressed through the grievance procedure of those Agreements. If the issue involves discipline or an investigation that could lead to discipline an employee should always consult with their Union representative. These GUIDELINES are not a substitute or an alternative to be used when resolving Contract disputes. 2. Issues covered by ADMINISTRATIVE POLICY -2.4: OFFENSIVE BEHAVIOR/SEXUAL HARASSMENT. An employee who believes shelhe has been subjected to sexual harassment or legally prohibited discrimination is expected to follow ADMINISTRATIVE POLICY- 2.4 and not the processes below. Recommended processes: Issues with a supervisor or with City policy Employees are encouraged to first raise an issue with their immediate supervisor informally or in writing as the case may warrant. If the supervisor is unable to resolve the issue, or if the employee is uncomfortable in raising the issue with the supervisor, the issue should be brought to the department head. If the head of the department is unable to resolve the issue it should be referred to the Human Resources Director and the City Administrator. A supervisor or department head that is unable to resolve an issue shall refer it to the next level within two weeks. The agreed upon resolution shall be in writing. All issues not resolved at a lower level should be appealed to the next level as soon as possible, preferably within two weeks. A supervisor, department head or the City Administrator shall respond as needed in writing regarding any issue within two weeks of discussing an issue with an employee. The timelines above may be modified by agreement of the parties involved. The affected employee( s) should be provided written updates every two weeks (14 calendar days) on the progress toward resolution of issues when there is a mutual agreement to allow more time. For those issues relating to policy interpretation, the Human Resource Director must be consulted prior to resolution of the issue. In addition, the Human Resources Director needs to be involved from the start on issues related to job duties or descriptions, safety and contract interpretation. Workplace issues between coworkers The workers involved are encouraged to first attempt to resolve the issues themselves. If unable to resolve the issue(s) or if the issue is such that the employee believes approaching the other employee would not be constructive, the worker with a complaint or an issue should discuss it with their supervisor. If unresolved after a discussion with the supervisor, the procedure above for resolving "Issues with a supervisor or with City policy" should be followed. An employee may seek the advice or assistance of a Union representative at any point in these processes. If discussing an issue with a supervisor or department head would be too uncomfortable or difficult for an employee the employee may raise the issue with the Human Resource Director who would then respond in place of the supervisor or department head. It is the desire of Labor and Management in the City of Farmington that the above procedures be followed. Both parties wish to discourage employees from bringing issues to City Council Members or the Mayor before exhausting the opportunities provided in these Guidelines. While not all issues will be resolved to everyone's satisfaction, it is the intent of these guidelines that this process will encourage open discussion. Operational issues, as directed by Council, are to be handled internally. Further, these guidelines do not and can not diminish in any way any contractual, stated or inherent Labor or Management rights. Both Labor and Management will work to assure that issues are resolved courteously, respectfully and in a timely manner. Both parties will work to create an environment that is safe, free of intimidation and encourages constructive resolution of issues. Reprisals for raising or discussing an issue will not be tolerated. In the complaint resolution process, it is expected that strict confidentiality shall be maintained by Labor and Management, with only those being informed as required to resolve the issue in question. ADMINISTRATIVE POLICY - 03 EMPLOYEE CODE OF ETIDCSl Purpose. The purpose of this policy is to declare standards of ethical behavior and conduct that commits all City employees to exercise appropriate ethical considerations in the performance of their official duties for the express purpose of preserving local government integrity in all matters under public consideration. This commitment shall be dedicated to maintaining and enhancing the public trust and confidence in local government, ensuring equity and social justice, and improving the quality of life of the individual and the community. This Code of Ethics is dedicated to fulfilling the faithful stewardship of the public trust that is entrusted to the staff of this local unit of government and the recognition that the chief function of local government at all times is to serve the best interests of all the people. Policy Definitions. 1. City employees are defined as all paid employees, full-time and part-time, in the City of Farmington, excluding elected officials and appointed citizens serving on City Commissions and Boards, but including the City Administrator, all members of the City Management Team, Supervisors and all employees within all the City Departments. 2. Public bodies are defined as including the City Council, all Commissions, all Boards which may be appointed by the Farmington City Councilor the Chief Judge of this Judicial District. 3. Public position is defined as a public trust created for the benefit of the public and not for the benefit of the incumbent. 4. Personal interest means an interest arising from blood or marriage relationships or close business or political associations. 5. Direct financial interest is hereby deemed to mean such an interest as would involve a reasonable likelihood of personal, corporate or proprietary gain having a monetary value of substance. 6. "Blood relationships" and "marriage relationships" shall be deemed for the purposes hereof to include only immediate family relationships of the first degree: spouse, children, mother, father, father-in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and brother-in-law. 7. Conflict of Interest is defined as any action which causes the appearance of a conflict of interest whether that conflict be financial, personal or such that the individual would personally benefit or gain from such action. Administrative Policy The City of Farmington confirms its determination that ethical standards among its employees are essential to the appropriate conduct of public affairs of the City. The purpose of the code is to establish ethical standards of conduct for city officials by setting forth those acts or actions 1 Effective 1/98 1 that are incompatible with the best interests of the City and by directing disclosure by such employees of private financial or other interest in matters affecting the City. The provisions and purpose of this Code are hereby declared to be in the best interests of the City of Farmington. General Declaration. It is extremely important that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to those persons acting in public service as well as to the public. The proper operation of democratic government requires that public employees be independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels for the governmental structure; that public positions not be used for personal gain or private interest; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for City employees. Responsibilities of Public Service. City employees are agents of public purpose and hold their respective positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government and for the citizens of the community whom they serve. They are bound to observe in their official acts the highest standards of morality and ethics, and to discharge faithfully the duties of their office. Dedicated Service. All City employees shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the best interests of the community. City employees shall not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all city employees, full-time and part-time, of the City of Farmington. Fair and Equal Treatment. Incompatibility with the Public Interest. Subject to the provisions of this section, no City employee, while acting as such, shall participate in the discussion of, attempt to unduly influence or vote on any issue in which he or she has any direct financial interest or personal interest which arises from blood or marriage relationships, or from any other interest which may subvert the public trust. Disclosure. It shall be the responsibility of all City employees to disclose any financial or personal interest that he/she may have in any public matters which he/she may have influence on in the course of conducting said responsibilities. During the course of such review, any employee having either a direct financial interest or personal interest as above described in this section shall make a full written disclosure of that interest to hislher supervisor. In matters where a conflict of interest may exist, as determined by the employee's Department Director and City Administrator, the City Attorney shall review the issue and recommend action(s) as deemed appropriate to safeguard the integrity of the local unit of government. 2 Abstention. If an employee of the City while acting in a capacity of influence has a financial interest, personal interest or any other such interest which may provide for personal gain on any matter pending before a public body of which he/she serves in an advisoral role, he/she must abstain from any role which causes influence to be exerted on such matters. After full disclosure of such interest to his/her supervisor, an employee may discuss such matters in which he/she has a personal interest to the extent that the information presented is relevant, and will assist the local unit of government with their review. Non-Participation. No person covered by this Code of Ethics shall take any official action with respect to a matter in which he or she has a direct financial interest or personal interest. With the exception that the employee shall first disclose such interest and abstain from influencing the matter in an official role, but may participate to the extent of providing information that is relevant to his or her own interests as a private citizen and affected property owner. He or she may participate in matters leading up to or preliminary to official action to the extent that he or she disclosed any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make such a final controlling judgment or vote on the same. Disclosure of any such financial or personal interest shall be in the minutes for any such board where the item may appear on the agenda, along with any information presented by the affected employee. Such disclosure shall be recorded in the meeting minutes and become a matter of public record. Disclosure. Disclosure of any such financial or personal interest in a matter where an employee is involved in the review and approval or denial process shall be made in writing to the City Administrator with copies to the City Attorney and Department Director. Such issues involving a City Employee shall be referred to the City Attorney to determine whether a conflict of interest or an appearance of impropriety exists. Confidentiality. No person covered by this Code of Ethics shall, without proper, written legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall any person use such information to advance his or her personal financial or private interests or other private interests of any person. Gratuities. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance, including but not limited to money, services, city services, loans, travel, entertainment, hospitality, or promise, under circumstances in which it could be reasonably inferred that the gift was intended to influence him or her, or could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. Representation. No City employee shall appear in behalf of another's private interest before the council, any committee, commission or agency of the City where that City employee sits in a decision-making capacity, nor shall he or she represent another's private interests in any action or proceeding against the interests of the City in which the City is a party. Sales, Leases and Contracts. Except as specifically authorized by Statute, Section 471.88, no City Employee covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract in his/her official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. 3 Official Duties. No employee of the City shall claim expenses for travel, meals, accommodations, conferences or any other such type of travel expenses unless such expenses are directly attributable to his or her personal travel expenditures while on official city business. Expenses charged to the City for payment shall not include any expenses associated with family members traveling with the official as defined under Subdivision 1. of this section. Private Use of Public Property. At no time shall any City employee use City property for his or her own private use, unless such use is expressly permitted or is reasonably within the scope of his/her duties.. Solicitations made by public officials of City employees for special favors, or for private use when such requests will knowingly require the use of public property for personal reasons is strictly prohibited without the express written permission of the City Administrator, and such requests shall be made part of the public record. It shall be required that any such solicitations be reported to the City Administrator, who, along with the City Attorney, shall then investigate, and report such findings to the City Council. Involvement in Governmental Review Processes. At no time shall any City employee involve him/herself in a governmental review process with respect to a matter in which he or she has a financial interest or personal interest. Appearances of Conflict of Interest. 1) No City employee shall knowingly engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would impair his/her independence of judgement or action in the performance of his /her official duties. 2) No City employee shall hold a position in addition to a public position that interferes, or may interfere, with the proper discharge of the public duty. 3) No City employee shall solicit personal gifts or special favors from vendors, contractors, City customers or from other public employees. City employees shall report any instances where special favors or gifts are offered in exchange for consideration of a public matter under the employee's influence. 4) No City employee shall have a personal interest in legislation to the extent that private interest takes precedence over public interest and public duty. 5) No City employee shall participate in transactions as a public representative with a business entity in which the public official or City employee has a direct or indirect financial or other personal interest without full disclosure. 6) No City employee shall use confidential information, obtained as a result of public position or City employment, for personal gain. 7) No City employee shall enter into contracts or other business for profit by a business in which he/she has a substantial or controlling interest when the employee can influence such contract or business because of his/her public position. 4 8) When a public official or City employee knowingly participates in a situation contrary to the sections of this Code fails to disclose such personal or financial interest or takes such action which causes a violation of the Code, then that person would be in violation of this Policy and its respective sections. 9) When a City employee fails to voluntarily abstain from influencing the decision-making process when such action would affect his or her financial or personal interest on the other. 10) No City employee shall use his/her position to further a fmancial interest or unduly influence the outcome of a City review process or proceeding for personal or financial gain. Applicability of Code and Disclosure. When a City employee has doubt as to the applicability of a provision of this Code to a particular situation, he or she shall consult with his/her Department Director for an advisory opinion and be guided by that opinion when given. The employee shall have the opportunity to present his interpretation of the facts at issue and of the applicable provisions of this Code before such advisory decision is made. This Code shall be operative in all instances covered by its provisions except when superseded by an applicable statutory provision and statutory action is mandatory, or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable. Disciplinary Action. City employees, whom, after investigation, knowingly violate sections of the Code are subject to disciplinary action up to and including termination action, and any other penalties pursuant to civil and criminal law. This section shall not be construed to limit the rights of persons charged with violations of this Code under Federal and State Civil Rights Laws. 5 ADMINISTRATIVE POLICY - 05 CELLULAR TELEPHONES The purpose of this policy is to communicate management guidelines relative to the proper use of City owned cellular phones. The City provides cellular phones to employees who have a business necessity to telephone others or receive calls while outside of City buildings. Cellular phones are provided to employees for the sole purpose of enhancing the quality, timeliness and overall service level of local government activities. Guidelines 1) All cellular services and billing plans will be established by City Administration, and audited periodically by the Human Resources Department. 2) Calls should be limited to those necessary to perform assigned duties. 3) For the safety of City employees and the general public, employees are discouraged from using the telephone while operating a vehicle. The City encourages employees to utilize other mechanisms to minimize the risks involved with using a cellular telephone while driving such as hands free devices. 4) Personal phone calls will be acceptable in those circumstances where it is necessary to contact a family member concerning matters of relative importance. Personal phone calls should be kept to a minimum and be as brief as possible. 5) In general, long distance calls should not be made on a cellular phone. If a personal long distance call is made from the cellular phone, the employee is responsible for reimbursing the City for the cost of these calls, as applicable. 6) Cell phone use is strictly prohibited when operating fire apparatus. Eff. 2/01 ADMINISTRATIVE POLICY - 6.5 JURY OR WITNESS DUTY An employee required to serve as a juror or under subpoena as a witness in court will continue to receive their regular pay. For paid on-call fire fighters, jury or witness duty will not be counted in their call attendance percentage. Procedures Any compensation received for jury or witness duty will be turned over to the City Finance Department less expenses allowable by law. Employees summoned to serve on a jury or as a witness are to notify and provide a copy of their summons to their supervisor immediately in order to provide time to make work assignments to cover their duties. When employees are excused from jury/witness duty during their regular working hours, they are expected to return to work if practicable. Eff. 3/99 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7h SUBJECT: Mayor, Councilmembers, City Administrator ~ Tim Gross, P.E., Assistant City Enginee~ Proposed Pedestrian Signage TO: FROM: DATE: September 19, 2005 INTRODUCTION Staff has received a request for a marked pedestrian crossing on Everhill Avenue at the Meadowview Elementary School trail entrance. DISCUSSION The Meadowview Elementary School trail entrance at Everhill Avenue is a mid-block crossing. The bike trail tees into Everhill Avenue and a 5 foot wide sidewalk runs along Everhill on the opposite (East) side. The City's traffic engineer and Chief of Police have reviewed this request and concur that pedestrian signage is appropriate in this intersection contingent upon the pedestrian aprons being upgraded to meet ADA Standards. The subject signage and markings are not regulatory, therefore staffwill plan to have the aprons, signage and markings installed as scheduling and weather permits. BUDGET IMPACT The funds to cover the cost ofthe marked pedestrian crossing are available in the 2005 budget. ACTION REQUESTED For Council information. Respectfully Submitted, ~ Tim Gross, P .E. Assistant City Engineer cc: Lee Mann, P.E., Director of Public Works/ City Engineer file ~' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - Ash Street Reconstruction and Utility Improvements DATE: September 19,2005 INTRODUCTION Forwarded herewith for Council's review and consideration is Change Order #2 for the Ash Street Reconstruction and Utility Improvements Project. DISCUSSION Change Order #2 provides for additional Bid Items to provide for payment for work completed by the Contractor. BUDGET IMPACT The total cost for the change order is $29,206.75. This amount is within the project budget. ACTION REQUESTED Approve by motion, Change Order #2 for Ash Street Reconstruction and Utility Improvements project in the amount of $29,206.75. Respectfully submitted, ~ rnm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Jl]j Bonestroo -=- Rosene ~ Anderlik & \J 1 Associates gineers & Architects Bond Co Date S tember 2, 2005 Bond No: MNC41016 CHANGE ORDER NO. 2 ASH STREET RECONSTRUCTION & UTILITY IMPROVEMENTS BRA FILE NO. 000141-03205-0 Description of Work This Change Order provides for additional Bid Items to provide for payment for work completed by the Contractor. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.2 I 12" X 8" CROSS EA 3 $610.00 $1,830.00 2 8" SLEEVE EA 2 $223.00 $446.00 3 INSULATION FOR WATERMAIN LESS THAN 7.5' SY 150 $38.04 $5,706.00 DEEP 4 .5 HYDRANT EXTENSION INSTALLATION FOR LS $419.93 $419.93 HYDRANT ON FIRST STREET 5 SET 48" DIAMETER MH SECTION OVER LS $482.30 $482.30 EXISTING CBMH FOR ACCESS TO DEWATERING 6 CONNECT TO EXISTING 1.5" COPPER LS $2,243.49 $2,243.49 7 REMOVE AND REPLACE MATERIAL IN JACKING LS $4,790.50 $4,790.50 PIT FOR THE SANITARY SEWER (PART OF EASEMENT AGREEMEND 8 ADJUST 8" WATER MAIN OFFSET DUE TO EA 3 $2,750.00 $8,250.00 STORM SEWER ALIGNMENT - 2/3 TO BE REIMBURSED TO CITY 9 DAKOTA COUNTY PAroaNG LOT AND LS $5,038.53 $5,038.53 DRIVEWAY -IOO%COUNTYCOST TOTAL CHANGE ORDER NO.2: $29,206.75 14103205CH02.xls Original Contract Amount 'revious Change Orders ~his Change Order Revised Contract Amount (including this change order) $2,295,871.58 $20,090.80 $29,206.75 $2,345,169.13 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): This Change Order provides for additional Bid Items to provide for payment for work completed by the Contra Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. Date: Approved by Contractor: FRIEDGES CONTRACTING COMPANY Approved by Owner: CITY OF FARMINGTON Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 14103205CH02.xls City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' :J TO: Mayor, Council Members and Acting City Administrator W Kevin Carroll, Community Development Director FROM: SUBJECT: School and Conference DATE: September 19,2005 INTRODUCTION Community Development Director Kevin Carroll and City Planner Lee Smick would like to attend the 2005 Upper Midwest Regional Planning Conference, sponsored by the Minnesota Chapter of the American Planning Association. DISCUSSION The 2005 Upper Midwest Regional Planning Conference will be held in Alexandria, Minnesota. n will begin on Wednesday, September 28 and end on Friday, September 30. Information about the classes and educational opportunities being offered in the areas of zoning, planning, land use, transportation, professional development and various related topics can be found at http://www.plannersconference.com/docs/conference vrogram.pdf, if desired. BUDGET IMPACT The City's 2005 budget includes sufficient funds for the costs associated with this conference. ACTION REQUESTED Motion to approve the request to have the identified staff members attend the conference in question. Kevin Carroll, Co City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7/( TO: Mayor, Councilmembers and Interim City Administrator W FROM: Randy Distad, Parks and Recreation Director RE: Park, Open Space and Trail Dedication Ordinance Text Amendments DATE: September 19,2005 INTRODUCTION In 2003, the City of Farmington amended in its entirety the Park Dedication Ordinance (Ordinance). Since that time, it has become apparent that there are several text amendmevts that need to be made to the ordinance. DISCUSSION Staffhas observed that over the past two years when platting has been done for new developments, it appeared that the way that the net developable acreage was determined under the new Ordinance has actually resulted in a decrease in the amount ofland that the City was receiving for parks through the park dedication process when compared to the previous Ordinance. Staff observed that there were also some inconsistencies on how net developable acreage was determined for residential versus commercial or industrial development. The final issue that surfaced during recent developments was that gas pipeline easements were not addressed in regards to whether or not a developer should be allowed to receive park dedication credit if gas pipeline easements were included as part of the park. At the August 2005 Park and Recreation Advisory Commission (PRAC) meeting, discussion took place on several possible text amendments to the Ordinance that addressed the following issues with the existing Ordinance and a summary of how the PRAC felt about each issue: 1. Should credit towards the parkland dedication requirement be given if the land that is dedicated for a park in their development contains a gas pipeline or other utility easements? Recommendation: The PRAC felt that a developer should not be allowed to receive park dedication credit for land that contains a gas pipeline easement or other utility easements. ReasoninglRational: The very restrictions that the developer faces regarding constructingfacilities in the gas pipeline easement or other utility easements are the same restrictions that the City would also face. Conceivably a developer could plat the pipeline easement or other utility easements into the yards of residential or commercial lots and therefore would become part of the lot. Owners who buy the property would still have a lawn bui just wouldn't be able to construct anything in the easement. 2. Identifying what net developable acreage means. Recommendation: Subtract only land that has been identified as wetland andfloodplain from the gross area and the remaining land becomes the net developable acreage. ReasoninglRational: Areas that cannot be built on are wetlands (unless mitigation occurs and then the mitigated wetland would be considered developable) and floodplain. The land remaining after subtracting wetland and flood plain is the remaining acreage that can be developed. Streets and storm ponds are all part of the development and thus should be considered part of the net developable acreage. This method of calculating net developable acreage is the same method that other communities use and so would be consistent with other communities requirements. This method of calculating net developable acreage is the same method that is used to calculate engineering fees and thus this amendment would become consistent with the way that the City determines other development fees. 3. Fix inconsistency between residential and commercial/industrial developments regarding park dedication requirements being based on gross versus net developable acreage. Recommendation: Change the commercial and industrial to allow for the removal of the wetland and floodplain from the gross acreage to provide a net developable acreage. ReasoninglRational: All developments whether residential, commercial and/or industrial should be based on the same criteria when determining the net developable acreage and would be consistent with what is defined in #2 above. The Planning Commission held a public hearing on the text amendments at their September 13, 2005 meeting. The Planning Commission did state that they felt that these text amendments should not affect any developments that are currently in the final plat stage, which includes the Hometown Addition and Executive Estates developments. The Planning Commission felt that the park dedication requirements for these two developments should fall under the existing ordinance. Staff felt that this could be addressed in the development contracts that are created for these two developments, which ultimately will be approved by the City Council. The Planning Commission recommended unanimously to the City Council that it adopt the text amendments for the park dedication ordinance. , Attached to this memo is an amended Ordinance that identifies the text amendments that the PRAC and Planning Commission are recommending be made to the existing Ordinance. The amendments to the existing ordinance are being addressed by showing strikethrough through language that should be eliminated and underlining language that is to be added. Exhibit A that is attached also provides an example of four recent developments that have already been platted in the City and how the text amendments would have affected the park dedication requirements had it been in place when the platting of these developments occurred. ACTION REQUESTED Both the PRAC and the Planning Commission are unanimously recommending that the City Council adopt by motion the attached ordinance amending the existing park dedication ordinance. ~tfullY S~~e~ c K~P, f)~ Randy Distad Parks and Recreation Director ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE FARMINGTON CITY CODE REGARDING CLARIFYING LAND DEDIC A TION REQUIRED FOR PARKS, TRAILS AND OPEN SPACE AND DEDICATION FORMULA FOR PARKS LAND, TRAILS AND OPEN SPACE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 11, Chapter 4, Section 9 of the Farmington City Code regarding Public Park, Trails and Open Space Dedication is amended by adding the underlined language and deleting the strikeout language as follows: (B) Land Dedication ReQuired for Parks, Trails and Open Space. Minnesota Statutes Section 462.358, Subd. 2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash. In every plat, re-plat or subdivision of land allowing development for residential, commercial, industrial or other uses or any combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots ), or when required by Paragraph C below, a reasonable portion of such land shall be set aside and dedicated by the owner or developer to the general public for parks, trails or public open space, or an equivalent amount in cash shall be paid to the City. For purposes of this Ordinance, the term "developer" includes all owners, developers or subdividers who have an interest in or control over the land to be subdivided. It is hereby found and declared that, pursuant to Minnesota Statutes, Section 462.358, Subd. 2b, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in Paragraph C below. It is also found that the primary users of neighborhood parks live in close proximity to the park. Said land shall be suitable for public use as parks, trails, and open space or for one of those purposes, as shall be determined in the sole discretion of the City, and the City shall not be required to accept land which will not be useable for parks, trails or open space or which would require extensive expenditures on the part of the City to make them useable. The City will not give park dedication credit for floodplains, wetlands, stormwater ponding areas, gas pipeline or other utility easements or for required sidewalks or walkways within road right of ways. All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features as much as possible such as river, streams, wildlife habitats, woodlands, and ponding areas. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds or other public purposes. (C) Dedication Formula for Parks Land. Trails and Open Space. The amount of land required to be dedicated by a developer for park, trail or open space shall be based upon the net area (gross area minus area required f-or public streets and storm 'Hater detention pond areas wetland and floodplain) of the land to be subdivided which could be developed for residential, commercial, industrial or other non-residential purposes[,] shall be determined at the time of preliminary plat approval[,] and shall be calculated as follows: (1) Residential Development. Dwelling Units/Acre 0-2.5 2.6-5.0 5.1-7.5 7.6-10.0 10.1-12.5 12.6-16.0 Land to be Dedicated for Parks, Trails and Open Space 11% 12% 13% 14% 15% 16% For each additional 2.5 units over 16/acre, add .25%. If a lot which was a platted lot before the effective date of this Ordinance is split into two (2) lots, the land to be dedicated shall be five percent (5%) of the original lot. (2) Industrial Development. In industrial developments, five percent (5%) of the gress area net area (gross area minus wetland and floodplain) included in the land to be subdivided shall be dedicated for parks, trails and open space. (3) Commercial Development. The park, trail and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or non-residential subdivision or development shall be five percent (5%) of the gFeSS area net area (gross area minus wetland and floodplain) included in the land to be subdivided. (4) Mobile Home Park Development. The park, trail and open space dedication requirement for a mobile home park shall be based on the same requirements as Paragraph C (l) and shall be determined prior to the developer receiving approval of the site plan for such development. SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this _ day of Farmington. 2005 by the City Council of the City of CITY OF FARMINGTON Kevan A. Soderberg, Mayor ATTEST: City Administrator SEAL Approved as to form the day of ,2005. City Attorney SEAL Published in the Farmington Independent the _ day of . 2005. Ei\\lb~t A Park Dedication Ordinance Comparison Table Net Developable Acres Current Ordinance Net Developable (subtract Acres New floodplain, Ordinance Park Acres Park Acres Acreage wetland, ROW (subtract Required Required Difference Name of Gross and storm floodplain and Current New Under New Development Acres ponds) wetland) Ordinance Ordinance Ordinance Parkview Ponds 87.99 44.48 82.93 5.34 9.95 +4.61 Mystic Meadows 1 st 152.7 75.86 142.16 9.1032 17.05 +7.956 Addition Riverbend 107.23 51.9 98.31 6.228 11.79 +5.562 Middle Creek East 3 rd 10.6893 8.9309 10.6893 1.07 1.2827 +.2127 Addition 7/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrator ~ FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Safe and Sober Grant Resolution DATE: September 19, 2005 INTRODUCTION / DISCUSSION The Farmington Police Department has been advised the Dakota County Safe & Sober Communities initiative has been designated to receive a grant in the amount of $12,000 from the Minnesota Department of Public Safety, Office of Traffic Safety to fund Safe & Sober and Impaired Driving enforcement activities between October 1, 2005 and September 30, 2006. In order to receive these grant funds it is necessary for the City of Farmington to adopt the attached Resolution entering into the Grant Agreement. In addition it is necessary to authorize the Dakota County Sheriff s Office to execute the Agreement on our behalf and for the Apple Valley Police Chief to act as Fiscal Agent for the Agreement. BUDGET IMPACT There is no budget implication to the City of Farmington associated with the proposed Grant Agreement. The funds will be used to reimburse expenditures associated with enforcement activities. ACTION REQUESTED Adopt the proposed Resolution as presented. Respectfully submitted, ~ Daniel M. Siebenaler Chief of Police RESOLUTION NO. R -05 APPROVING GRANT AGREEMENT SAFE & SOBER COMMUNITIES and DAKOTA IMPAIRED DRIVING Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of September, 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Traffic Law Enforcement activity contributes to safer driving resulting in fewer injuries and traffic deaths, and WHEREAS, The City of Farmington has a long history of collaborative efforts with other Dakota County Law Enforcement Agencies to conduct effective traffic law enforcement, and WHEREAS, Safe & Sober and the Dakota Impaired Driving initiatives have proven to be an effective tool to achieve these desired goals. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby enters into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES and DAKOTA IMPAIRED DRIVING during the period from October 1, 2005 through September 30,2006. BE IT FURTHER RESOLVED that the Sheriff of Dakota County is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Farmington and that the Chief of Police of the Apple Valley Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Farmington. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September 2005. Mayor Attested to the _day of 2005. Acting City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /ht TO: Mayor, Council Members and Acting City Administrator ~ FROM: Kevin Carroll, Community Development Director SUBJECT: Approve Cost-Sharing Arrangement for City/Township Roads DATE: September 19,2005 INTRODUCTION The Empire/Farmington Planning Advisory Committee [EF-PAC] has recommended that the City ofParmington and Empire Township share the costs of maintaining certain roads that serve as the boundaries between the City and the Township. DISCUSSION There are a number of roads on the east side of Farmington that essentially serve as portions of the boundary between the City and Empire Township. Attached hereto is a map that depicts the roads in question. One such roadway segment (the "north section") runsfrom the intersection of CSAH 66 and Cambodia Avenue to the intersection of Highway 3 and 209th Street. A similar roadway segment (the "south section") runsfrom the intersection of Biscayne Avenue and 210th Street to the intersection of Cambodia Avenue and 213th Street. Significant portions of the two above-referenced roadway segments are gravel. Virtually all of the maintenance of these gravel sections (grading, etc.) has been performed and paid for by Empire Township for many years, despite the fact that the roads border the City and are used by City residents as well as Township residents. Winter plowing ofthese roads has been performed, at various times, by both jurisdictions. The members of the Empire/Farmington Planning Advisory Committee [EP-PAC] have discussed this situation, and have prepared a boundary roads analysis (attached) which calculates and summarizes the number of lineal feet of roadway that border each jurisdiction. The results of the boundary road analysis were then used to allocate past road maintenance costs (which were paid entirely by Empire Township) between the City and the Township. Empire Township has presented the City with an invoice that represents the City's share ofthese past costs. The EP -PAC recommends that the City pay this invoice, and that future road maintenance costs be allocated between and paid by the City and the Township in a similar manner (but on an ongoing basis, or no less than annually). ACTION REQUESTED Motion to approve the payment of the attached invoice from Empire Township regarding the City's share of the costs of maintaining the boundary roads referred to above, said share having been calculated in accordance with the attached "boundary roads analysis." .1:::Uba Kevin Carroll, Community Development Director EMPIRE TOWNSHIP 3385 197th Street W. Farmington, MN 55024 651-463-4494 STATEMENT Date May 17,2005 To City of Farmington Address 325 Oak Street City Farmington, MN 55024 For 210th Street Shared Road Balance 1 2001 210th West of Biscavne 547.04 547.04 1 2002 21 Oth West of Biscavne 672.42 1,219.46 1 2003 21 Oth West of Biscayne 568.13 1,787.59 1 2004 21 Oth West of Biscayne 644.00 2,431.59 1 2005 21 Oth West of Biscayne 476.00 2,907.59 Accumulated Finance Charges 161.33 3,068.92 Total due upon receipt 3,068.92 AD A ---- . _. - -- _.-.- - - SIGNA TUllE PNI'!! . ............~~--...:. $'.:.<!..iJi".iH'I!ii= -=-~- . - ..... ~-- 1M , 0 i!3 ~ ~ w w ~ ...... ri j\) ~ (;3 - ~ ~ j\) ...... ...... ~ ...... CJI .... ~ 0 ~ j\) j\) j\) j\) j\) N 0 0 0 8 0 0 8 0 0 0 0 0 0 0 0 0 0 0 CJI CJI CJI CJI Ol CJI CJI CJI CJI CJI G) G) (j) G) (j) C/J G) C/J (j) C/J s: iiJ iiJ [ [ iiJ ::::l [ ~ iiJ ::::l ~ ~ OJ 0. 0. 0. 0. :i' a a a (I) (I) i II 1"2. 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I\J N I\J I\J I\J I\J I\J I\J N ;;~ !>> !>> !>> !>> en en en !'" en ~ en en ~ !>> (X) (X) en en (X) !>> !>> en t>> 0 0 0 8 0 (:) (:) (:) 0 0 i:::> (:) 0 (:) 0 0 0 (:) (:) (:) 0 0 (:) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 te. ... ""'" c" ..... 9 8 iIt ~ 8 I\J o o ~ I\J ~ o ..... I- en I- Q) m a. ;0 o Q) c. :E ;:+ I- ." Q) .., 3 -. ::J CO ..... o ::J West end of 21 Oth Street ... Date volcel Maintenance performed Hours/cost Cost for .:~1'......i 210th West .'.'~'." Cost/Hr Cost Total Cost Cost/Mile of Bisayne 01/20103 Graded Road 1 70 $70.00 $ 70.00 $ 15.22 $ 9.13Iot~A" 1/28/03 Graded Road 1 70 $70.00 $ 140.00 $ 15.22 $ 9.13i $:3.65, 02/15/03 Plowed Snow 1 46.2 $46.20 $ 186.20 $ 10.04 $ 6.03..2.41 03/17/03 Graded Road 1 $ 70.00 $70.00 ..... $ 256.20 $ 15.22 $ 9.13 .. ..,'0" 04/10/03 3409 Graded Road 1 $ 70.00 $70.00 $ 326.20 $ 15.22 $ 9.13)~;' 3.65 04/15/03 3411 Graded Road 1 $ 70.00 $70.00 $ 396.20 $ 15.22 $ 9.13 $,3,65 04/17/03 3411 Graded Road 1 $ 70.00 $70.00 <'. " $ 466.20 $ 15.22 $ 9.13 04/24/03 3417 Graded Road 1 $ 70.00 $70.00 $ 536.20 $ 15.22 $ 9.13 04/29/03 3425 Graded Road 1 $ 70.00 $70.00 $ 606.20 $ 15.22 $ "3~ 06/24/03 Graded road 1 $ 70.00 $70.00 $ 676.20 $ 15.22 $ 9.13 06/30/03 Graded road(biscayne to tar) 1 $ 70.00 $70.00 $ 746.20 $ 70.00$28,00 07/07103 Gradecj Road 1 $ 70.00 $70.00 $ 816.20 $ 15.22 $ 9.13 $ 3.65 07/14/03 Graded Road from Bisc. To Farm. 1.5 $ 70.00 $105.00 $ 921.20 $ 105.00 Is: ,42.00 07/18/03 Graded Road from Bisc. To Farm. 1 $ 70.00 $70.00 $ 991.20 $ 70.00 l's26..00 07/22/03 Graded Road from Bisc. To Farm. 1 $ 70.00 $70.00 $1,061.20 $ 70.00 .$26;00 07/23/03 Graded Road 1 $ 70.00 $70.00 $1,131.20 $ 15.22 $ 9.13 3.65 07/28/03 Town to Biscayne 1 $ 70.00 $70.00 $1,201.20 $ 210.00 I 08/04/03 lown to Biscayne 1 $ 70.00 $70.00 $1,271.20 $ 15.22 $ 9.13 08/11/03 Town to Biscayne 1 $ 70.00 $70.00 $1,341.20 $ 70.00 08/19/03 Town to Biscayne 1 $ 70.00 $70.00 $1,411.20 $ 70.00 08/20/03 Town to Eliscayne 1 $ 70.00 $70.00 $1,481.20 $ 15.22 $ 9.13 . 08/26/03 Town to Biscayne 1 $ 70.00 $70.00 $1,551.20 $ 70.00 09/03/03 Town to Biscayne 1 $ 70.00 $70.00 $1,621.20 $ 15.22 $ 9.13 ,;5rl~ 09/12/03 Town to Biscayne 1 $ 70.00 $70.00 $1,691.20 $ 15.22 $ 9.13 'G;.i.6e 09/16/03 Town to Biscayne 1.5 $ 70.00 $105.00 $1,796.20 $ 105.00g"42,OO 09/19/03 Town to Biscayne 1 $ 70.00 $70.00 $1,866.20 $ 15.22 $ 9.13 . $')13.65 10/01/03 Town to Biscayne 1.4 $ 70.00 $98.00 $1,964.20 $ 98.00 $39,20 10/17100 Town to Biscayne 1 $ 70.00 $70.00 $2,034.20 $ 70.00$,28.00 10/13/03 Town to Biscayne 1 $ 70.00 $70.00 $2104.20 $ 70.00 S23;{)O 10/17/03 Town to Biscayne 1 $ 70.00 $70.00 $2,174.20 $ 70.00 '$;',28.00 10/22/03 Town to Biscayne 1 $ 70.0C $70.00 $2,244.20 $ 15.22 $ 9.13 g';'3.65 . 10/28/03 Town to B1scayne 1 $ 70.00 $70.00 $ 2.314.20 $ 70.00 10/28/03 Biscayne tb Blaine 1 $ 70.00 $70.00 $ 2,384.20 $ -Ii 11/05/03 Town to Biscayne 1 $ 70.00 $70.00 $2,454.20 ! $ 15.22 $ 9.13 .. ' 11/18/03 Graded Biscayne to Town 1 $ 70.00 $70.00 $ 2,524.20 $ 15.22 $ 9.131,..'3:65 11/25/03 Plowed Snow 0.5 $ 70.00 $35.00 $ 2,559.20 $ 7.61 $ 4.57 ~D" 12/10/03 Plowed Snow 0.5 $ 70.00 $35.00 $2,594.20 $ 7.61 $ 4.57 .....1il~ 0.5 $ 70.00 $35.00 4.57 ~. 12/16/03 Plowed Snow $2,629.20 $ 7.61 $ ,,+83 12/17/03 Plowed Snow 0.5 $ 70.00 $35.00 $2,664.20 $ 7.61 $ 4.57 12/22/03 Plowed Snow 0.5 $ 70. 00 $35.00 $2,699.20 $ 7.61 $ 4.57 $' .1.83 $ 70.00 $0.00 $2699.20 $ - $ - Total for 2003' $2,699.20 $ 337.22 $ 1,420.33 $568.13 ~ ~ ~ I'J~~~O ::O:~N~N -...J.jlo.~-...Jc.o NNNNN 00000 00000 I'JI'JI'JI'JI'J N 0 0 N - N ...;a, G>G>G>G>G> 0 ,.. OJ @ @ @ @ =r ~~~~~ ~.~.~.~. ~. ~ CD tn ~ 0 .... OJ -- en co~O)O)~ C") (110:T:T:T D) '::T~UlUlUl '< Cil::::J::::]::::]::::J - 000 ::s ....., O' . . o. 000 CD ;'-"0000 ~~~~~ G') ... m"""(11(111'J D) momCJ)O) Q. 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'>;0 SES...~ -.:.''-1'(! r , .,------.:1 5 ~b pU ~...,..-? ~/-::::- j'?-,,'h--' ~! -r:./- C (c..; ~: /;/ C"..,rE- I ~ "'.0~' /~/JJ ~< VVi'J ~ 1,1-1 r <;; --: II-G- e-; (~~}/t._ Sf;: .:= . t ~ ~}ES";~//,,~-;.;,- __ P+t(c..2L-.J -I-- 1]-// ~C;iA--I"CS:'1I' ,--, J S v/ ,~!-/ /.2 :... 15a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2005 Seal Coat Project Assessment Hearing DATE: September 19, 2005 INTRODUCTION The City Council scheduled the 2005 Seal Coat project assessment hearing at the August 1,2005 City Council meeting. DISCUSSION The 2005 Seal Coat project is complete. The streets indicated in Attachment A of the resolution were included in the seal coat program this year. The streets in Charleswood 4th and 5th Additions, Middle Creek 1 st Addition, Middle Creek 3rd Addition, Autumn Glen 3rd Addition and Municipal Drive are to be seal coated for the first time this year. The streets of Dakota County Estates 9th Addition, Nelsen Hills Farm 3rd Addition, Akin Park Estates 1st through 4th Addition, Limerock Ridge, Prairie Creek 3rd Addition, 2nd Street between Elm Street and Spruce Street, 3rd Street between Spruce Street and Walnut Street, 4th Street between Elm Street and Walnut Street, 5th Street between Elm Street and half a block north of Spruce Street, 6th Street between Elm Street and half a block north of Spruce Street, ih Street between Elm Street and half a block north of Spruce Street, Oak Street between 4th Street and Hwy 3, Spruce Street between 2nd Street and 4th Street, the alley south of the post office, and the alley south of the library. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the 2005 Seal Coat project is $123,420.00. At the August 1,2005 Council meeting, Council directed staff to prepare the assessment roll. The proposed assessment amount for the 2005 Seal Coat project is $61.95 per residential equivalent unit (REU). The original estimate of the cost per REU was $75.45. The total amount to be assessed to benefiting properties is $61,710.00. Several streets in the project area have already been assessed for seal coating costs through their respective development contracts. The City's portion of the project cost is $61,710.00 and will be funded through the Road and Bridge fund. 2004 Seal Coat Project September 19, 2005 Page 2 of2 ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 2005 Seal Coat project. Respectfully Submitted, ~Yvl~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -05 ADOPTING ASSESSMENT ROLL FOR PROJECT 05-01 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of September, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 05-01 Description Location Street Seal Coat - Oil and Aggregates See Attachment A NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount ofthe assessment levied against it. 2. Such assessment shall be payable in one installment to be payable on or before the first Monday in January, 2006 and shall bear interest at the rate of 5% per annum from the date of the adoption of this assessment resolution until December 31,2006. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 18, 2005 or interest will be charged through December 31 ofthe next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September, 2005. Attested to the SEAL Mayor day of September, 2005. Acting City Administrator Attachment A Streets Location 18Sth Street West North phase line of Dakota County Estates 9th Addition to the south phase line of Dakota County Estates 9th Addition English Avenue to the east phase line of Dakota County Estates 9th Addition Pilot Knob to the south phase line of Nelsen Hills Farm 3rd Addition Euclid Path to north phase line of Nelsen Hills Farm 3rd Addition All Euclid Path to west phase line of Nelsen Hills Farm 3rd Addition Euclid Path to west phase line of Nelsen Hills Farm 3rd Addition English Avenue Euclid Path Euclid Street Enhance Court Esquire Way Essence Trail 193rd Street Epic Court Enchanted Way Encore Court Enchanted Court English Avenue Pilot Knob to Akin Road All All All All 193rd Street West to 190th Street West 194th Street West Elmwood Circle Elsmere Court Ellington Trail 193rd Street West Embry Lane 192nd Street 191 st Street Echo Lane Akin Road to Ellington Trail All All All Akin Road to the east phase line of Akin Park 1 st Addition All Embry Lane to Echo Lane Embry Lane to Echo Lane All Embry Avenue Embers Avenue All North phase line of Prairie Creek 3rd Addition to the south phase line of Prairie Creek 3rd Addition Embers Avenue to the east phase line of Prairie Creek 3rd Addition Eaglewood Trail Elkridge Trail Embers Avenue Embers Avenue to the north phase line of Autumn Glen 3rd Addition 19Sth Street to the north phase line of Autumn Glen 3rd Addition 200th Street West Everhill Avenue Excelsior Lane Export Trail Pilot Knob to the west phase line of Charleswood 4th Addition 200th Street West to the north phase line of Charles wood 4th Addition 200th Street West to Everhill Avenue Excelsior Lane to the east phase line of Charleswood 4th Addition Municipal Drive All 203rd Street West Erickson Path Erickson Court Enright Court Pilot Knob to the east phase line of Middle Creek 3rd Addition All All Enright Way to the east phase line of Middle Creek 1 st Addition Erickson Knoll English Avenue Enright way Oak Street Spruce Steet 2nd Street 3rd Street 4th Street 5th Street 6th Street 7th Street Alley south of Post Office Alley south of new library All 203rd Street West to the north phase line of Middle Creek 3rd Addition All 4th Street to HWY 3 2nd Street to 4th Street Elm Street to Spruce Street Spruce Street to Walnut Elm Street to Walnut Street Elm Street to Y2 block south of Oak Street Elm Street to Y2 block south of Oak Street Elm Street to Y2 block south of Oak Street All All /0 a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: <} (,/ \ . Mayor, Council Members, \ \ Acting City Administrator ~ Lee Smick, AICP City Planner FROM: SUBJECT: Adopt Resolutions - Approve Hometown Addition Final Plat and Development Contract DATE: September 19, 2005 INTRODUCTION The applicants, Kim Friedrich and Terry Mahoney of Hometown Inc., have submitted the Final Plat for the Hometown Addition, located south of 209th Street and east of TH 3 and the American Legion (Exhibit A). A Joint Resolution regarding the annexation of the property was approved by the Empire Town Board on May 10,2005 and by the Farmington City Council on May 16, 2005. The Joint Resolution was approved by the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings (MBAU) on June 9, 2005. DISCUSSION The Planning Commission approved the Preliminary Plat on May 10, 2005 (Exhibit B). Additionally, at the Planning Commission meeting on May 24, 2005, the Commissioners recommended approval of (a) the Comprehensive Plan Amendment from Non-Designated to Low/Medium Density Residential and (b) a rezoning of the property from A-I to R-2 with contingencies. The City Council approved the Preliminary Plat, Comprehensive Plan Amendment, and Rezone on June 6,2005. The Planning Commission recommended approval of the Final Plat at its meeting on September 13, 2005. They did suggest that a "Future Through Street" sign be located on the street at the east side of the plat that may connect to the south in the future. Preliminary & Final Plat Review At the June 6, 2005 City Council meeting, Council members suggested that the cul-de-sacs be connected in order to provide a looped street rather than two separate streets. As shown on Exhibit C, the developer has provided the requested looped street, maintaining 27 single-family lots in the development. The proposed 27 single-family lots range from 6,000 square feet to 7,650 square feet in area. Outlot A is proposed for a stormwater pond and Outlot B is a remnant piece of property that did not meet City requirements for lot size and width. Transportation As shown on the plat, the only access into the proposed subdivision is from 209th Street. However, the potential exists for future roadway connections to (or through) the property located to the south, which has been annexed into the City of Farmington. The interior roadways are proposed with a 60-foot right-of-way and roadway width of 28 feet. The proposed roadways require a sidewalk or trail on one side of the street per City standards. Utilities Both water and sanitary sewer were constructed along the eastern border of the Hometown Inc. site in 2000 to service the Tamarack Ridge development to the north. The existing water and sanitary sewer lines are located within an existing 42-foot wide utility easement on the east side of the Hometown site. Utilities for the proposed Hometown development will connect to these existing utilities. A storm water pond is proposed on the west side of the development that will outlet to the Prairie Waterway to the east. The developer needs to obtain an easement from the property owner (Corinthian Lodge Cemetery) to the east in order to construct a storm pipe to the Prairie Waterway (see Exhibit C). Therefore, the final plat approval should be contingent on the developer obtaining this easement. Park and Trail Requirements Randy Distad, the Parks & Recreation Director has submitted a memo stating that the Parks & Recreation Advisory Commission has approved the location of the trails on the plan (Exhibit D-l & D-2). Because of the close proximity of Tamarack Park to the north of this plat and the small size ofthe development, PRAC has recommended that the City take cash-in-lieu of park property from the applicant. Engineering Engineering has recommended approval of the Hometown Addition Final Plat contingent upon the satisfaction of any engineering requirements. Development Contract The Development Contract for Hometown Addition IS forwarded herewith for Council's consideration. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms ofthis Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval ofthe final plat. ACTION REQUESTED Adopt resolutions approving the Hometown Addition Final Plat and Development Contract contingent upon the following: 1. The developer obtains an easement from the property owner to the east in order to construct a storm pipe to the Prairie Waterway. 2. The Hometown Addition Final Plat is contingent upon the satisfaction of any engineering requirements. 3. Adopt the attached resolution approving the execution of the Hometown Addition Development Contract and authorize its signing contingent on the following: a. the Developer enter into this Agreement; and b. the Developer provide the necessary security in accordance with the terms ofthis Agreement; and c. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval ofthe final plat. Respectfully submitted, ~SJd Lee Smick, AICP City Planner cc: Hometown Inc. RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT HOMETOWN ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of September, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the final plat of Hometown Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat on May 10, 2005 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. The developer obtains an easement from the property owner to the east in order to construct a storm pipe to the Prairie Waterway. 2. The Hometown Addition Final Plat is contingent upon the satisfaction of any engineering requirements. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission ,of security, payment of all fees and costs and submission of all other documents required under the Development Contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September, 2005. Mayor Attested to the _ day of September, 2005. 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us I?X!I$/I D-/ TO: Dave Sanocki, Engineer Lee Smick, City Planner FROM: Randy Distad, Parks and Recreation Director RE: Comments on Hometown Addition Trail Locations and Park Dedication Requirement DATE: August 16, 2005 BACKGROUND Staff has reviewed the Hometown Addition Final Plat documents (Final Plat). DISCUSSION Based on a recommendation made by the Park and Recreation Advisory Commission (PRAC) at its July 13, 2005 meeting, the bituminous trail locations on the Final Plat have been correctly located and at the correct width of 8 feet for bituminous trails constructed in the boulevard. A recommendation is being made by PRAC to take cash-in-lieu ofland in the Hometown Addition development. The Final Plat reflects this recommendation. RECOMMENDATION Staff is recommending that the trail locations shown on the Final Plat be approved and that cash-in-lieu of land be accepted in order to satisfy the park dedication requirements for the Hometown Addition development. <<~llY~:iV Ran~d Parks and Recreation Director cc: Park and Recreation Advisory Commission Members c//I/p/r V-l Q.. <t :<; >- f- Z t; 5:' ~i L i' t; ~ l: - ~~~ Ill: II Ii:; i~:; 0: I if! '1.3 J .,Ii, :"<< <" " _".'_' :' _ ':'. ~ ,~J I;i ;i ! g f;; ~ =ii !! W:fi:,i \.i ~~. h ~q ~ ~r t-. - " :! - - - - - - -~-----f-=~-=---==:---=--'=~-l-~:"'=---~l:-=---=-~=-=1=--~~-~-'J ~ ~l ~---I-----~.,--------J I :->~ '~r . , '....\ I : .... ;: i ... .~ Eh;. ~_;~~.; . ~ ~ , '. I I l~a -~ h'ii~ I ! I I I >r~, !i'i -.... 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C:l _._ k) ,-- ~,.. .J <( U ~ LL o ~" .() h ~ () ~ w ~+ ;a :. ,: .:! j~ ~~ i: .,; ~ .~: ~ ~ t.. ~ ... .:i, ,< :1: ,~: ::. :I: (fl !- W w I (fl N LL o <~ ~ V"ICL ./- N !- W w I (fl '2~ \=- ~ . I 'Td ~l ,- \- '?< r- ill' s: ~ .-4=: () 'lJ <:: ~ ~ - <- Q ..!4: d '?l.J 5 Q J ..:f -.. . '6 \J~ '-J -= o ~ '-tl \. .~ .~ 3+ --.. ..u j .~..~ . .~ \) . ~V)d 1 r. U RESOLUTION NO. R_-OS APPROVING DEVELOPMENT CONTRACT HOMETOWN ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 19th day of September, 2005 at 7:00P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R77-05, the City Council approved the Preliminary Plat of Hometown Addition; And; WHEREAS, pursuant to Resolution No. R -05, the City Council approved the Final Plat of Hometown Addition subject to the following conditions: 1. The developer obtains an easement from the property owner to the east in order to construct a storm pipe to the Prairie Waterway. 2. Approval of the Hometown Addition Final Plat is contingent upon the satisfaction of any engineering requirements. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September, 2005. Mayor Attested to this _ day of September, 2005. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of September, 2005, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Hometown, Inc., a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for HOMETOWN ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the tenus of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the fmal plat. 3. Development Plans and Rig:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written tenus of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements and 209th Street Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the final plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 209th Street Assessments The parent parcels of HOMETOWN ADDITION have been assessed for improvements to 209th Street. The total levied assessment amount for the parcels is: 2 Parcel Nos. 120290002058 120290001058 Total amount levied: $43,972.80 (including interest through 12/31/05) $18.416.39 (including interest through 12/31/05) Total: $62,389.19 A portion of the levied assessment plus interest becomes due with the fmal platting of HOMETOWN ADDITION. The amount due with HOMETOWN ADDITION will be calculated proportionally based on the area of HOMETOWN ADDITION being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of fmal plat approval or have it prorated and reassessed to the lots and blocks of HOMETOWN ADDITION. If assessed, the assessments shall be spread over a to-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public utilities, by November 30,2006, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlot A shall be deeded to the City following the completion and approval of improvements as required under Plans A - F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 9. Warrantv. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. 3 If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 582 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including fmish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's 4 Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $ 45,184 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of $ 18,663 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 16,200 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitarv Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 14,511 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall be required to dedicate 0.5512 acres of land for park purposes. The Developer shall pay the City $ 63,388 as cash in lieu of land in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $ 9,168 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for HOMETOWN ADDITION shall be credited/coded to is 5 the Tamarack Park (2315-5046). The City shall allow the Developer to either pay the entire park development fee at the time of [mal plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. 22. Sealcoatine. The Developer agrees to pay a fee of $ 3,359 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 1,350 based upon the acreage or number oflots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Securitv. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 1,093,939. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration ofa letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 105,208 $ 102,549 $ 147,221 $ 311,863 $ 311,768 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 6,750 $ 26,382 $ 34,238 $ 7,050 $N/A Two Years Principal and Interest on Assessments $ 40,909 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all [mancial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the [mancial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all [mancial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 6 28. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim( s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Siens. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Existine Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder 7 shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance 8 written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day swn stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 Phone: 651-463-9999 Fax: 651-463-3966 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Robin Roland, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Hometown, Inc. By: Kim Friedrich Drafted by: City of Fanning ton 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Kevan A. Soderberg, Mayor Robin Roland, Interim City Administrator Its: President 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by Robin Roland, Interim City Administrator, of the City of Fannington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Hometown, Inc., Kim Friedrich President a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT "A" LEGAL DESCRIPTION The East 80.0 feet of the North 190.0 feet of the west 739.2 feet of the South 665.0 feet ofthe South Half of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota. AND That part of the South Half of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota, described as follows: Commencing, for the purpose of reaching the point of beginning, at the intersection of the south line of said South half of the Southwest Quarter and the east line of the west 605 feet of said South Half of the Southwest Quarter, said point hereinafter referred to as point A; thence North along said east line 216 feet to the north line of the south 216 feet of said South Half of the Southwest Quarter; thence West along said north line 225 feet to the east line ofthe west 380 feet of the South Half of the Southwest Quarter; thence North along said east line 259.01 feet to the south line of the north 190 feet of the south 665 feet of the South Half of the Southwest Quarter; thence East along said south line 502.65 feet to the point of beginning of the land to be described; thence South to the intersection with the north line of said South half of the Southwest Quarter at a point 278.34 feet East of point A, thence East along said south line to the west line of the east 699.6 feet of the west 1,828.3 feet of said South Half of the Southwest Quarter; thence North along said west line to the intersection of Line A, described below; thence West, along Line A to the east line of the west 1,026.7 feet of the South Half of the Southwest Quarter; thence South along said east line to its intersection with the south line of the north 190 feet of the south 665 feet of said South Half of the Southwest Quarter; thence West along said south line to the point of beginning. Line A: Commencing at the Southwest comer of Section 29, Township 114, Range 19; thence North along and parallel with the Section line 665 feet; thence East and parallel with the Section line 1,828.3 feet and there terminating. AND That part of the South Half of the Southwest Quarter of Section 29, Township 114, Range 19, Dakota County, Minnesota, described as follows: Commencing at the Southwest comer of Section 29, Township 114, Range 19, West ofthe Fifth Principal Meridian, thence North along and parallel with Section line 665 feet, thence East and parallel 12 with Section line 1828.3 feet, thence South and parallel with Section line 554 feet to the Chicago, Milwaukee, and St. Paul Right of Way, thence Westerly along said right of way to the intersection of the Section line along the South side of said Section 29, thence West and parallel with Section line to the place of beginning, EXCEPTING THEREFROM the East 699.6 feet of the North 190 feet of the west 1828.3 feet thereof; and also excepting therefrom the East 310 feet of the West 1062.7 feet of the North 190 feet thereof; and also excepting the East 80.0 feet ofthe North 190.0 feet of the West 739.2 feet of the South 665.0 feet of the South half of the Southwest Quarter of Section 29, Township 114, Range 19, also excepting the East 96.2 feet of the West 449.2 feet of the North 190 feet thereof; ALSO EXCEPTING THEREFROM the West 353 feet of the North 155 feet of the South 665 feet thereof, ALSO EXCEPTING THEREFROM the West 605 feet of the South 216 feet of the Southwest Quarter all in Section 29, Township 114, Range 19, ALSO EXCEPTING THEREFROM the East 80.0 feet of the North 190.0 feet of the West 529.2 feet of the South 665.0 feet of the South half of the Southwest Quarter, AND ALSO EXCEPTING THEREFROM the East 60.0 feet of the North 190.0 feet ofthe West 589.2 feet of the South 665.0 feet of the South half of the Southwest Quarter, Section 29, Township 114, Range 19. ~ ALSO EXCEPTING THEREFROM the East 699.6 feet of the West 1828.3 feet of the South 475 feet of the part of the S 1/2 of the SW 1/4 lying Northerly on the right of way line of the Chicago. Milwaukee and St. Paul Railroad in Section 29, Township 114 North, Range 19 West, Dakota County, Minnesota. ALSO EXCEPTING THEREFROM part of the Southwest Quarter of Section 29, Township 114 North, Range 19 West, Dakota County, Minnesota described as follows: Beginning at the intersection of the West line of the said Southwest Quarter with the North line of the South 356 feet of said Southwest Quarter; thence North along the West line of the said Southwest Quarter 154 feet, thence East, parallel with the South line of the said Southwest Quarter 353 feet; thence South, parallel with the West line of the said Southwest Quarter 35 feet; thence East, parallel with the South line of the said Southwest Quarter 27 feet; thence South, parallel with the West line of the said Southwest Quarter 119 feet, more or less, to the North line of the South 356 of said Southwest Quarter; thence West along said North line of the South 356 feet, a distance of380 feet to the point of beginning. ALSO EXCEPTING the West 380 feet of the North 140 feet of the South 356 feet of the Southwest Quarter of Section 29, Township 114, Range 19, County of Dakota, State of Minnesota TORRINS CERTIFICATE NUMBERS 115781, 120677 and 120678. 13 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 14 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 15 lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councibnembers, City Administnltor ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Dakota County 2006 - 2010 CIP - City Requests DATE: September 19,2005 INTRODUCTION Dakota County is in the process of preparing the County's 2006 - 2010 Capital Improvement Program. City staff has previously met with the County and has forwarded a letter to the County with projects to include in their draft CIP as approved by Council at the June 6, 2005 regular council meeting (see attached memo). The County has asked that the City provide a resolution confirming Farmington's requests for the 2006-2010 County CIP. DISCUSSION Per the June 6, 2005 council memo, the following projects were identified as candidates for inclusion in the County's 2006-2010 CIP: . CR 64 (19Sh Street), from Autumn Glen to TH 3 - 2006 . CSAH 31, CSAH 50 to CSAH 74 - 2007 . CSAH 74, Denmark to CSAH 31 - 2007 . CSAH 50, Division Street to TH 3 - 2008 . CR 64 (19Sh Street), Flagstaff to Cedar - 2009 . Traffic Signals along Pilot Knob Road . 20th Street - Cost Participation City staff has received a draft copy of Dakota County's 2006 - 2010 CIP. Of the projects identified above, CSAH 50, from Division Street to TH 3 (funding in 2006,2007,2008), CR 64 (195th Street) from Autumn Glen to TH 3 (funding in 2006,2007,2008, 2009), and CSAH 64 (195th Street) from Flagstaff Avenue to CSAH 23 (Cedar Avenue, funding in 2009) are included in the County's draft CIP. Dakota County 2006-2010 CIP September 19, 2005 Page 2 of2 BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REQUESTED Adopt the attached resolution requesting inclusion of construction projects in the Dakota County 2006-2010 CIP. Respectfully Submitted, ~)11~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -05 A RESOLUTION REQUESTING THE INCLUSION OF CONSTRUCTION PROJECTS IN THE DAKOTA COUNTY 2006 TO 2010 TRANSPORTATION CIP Pursuant to due call and notice thereof, a regular meeting of the City Council of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of September, 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, Dakota County has asked cities and townships to request projects for inclusion in the Dakota County 2006 to 2010 Transportation CIP; and WHEREAS, the following transportation projects are important to the City of Farmington: Project Year CR 64 (195th Street), from Autumn Glen to TH 3 2006 CSAH 31, CSAH 50 to CSAH 74 2007 CSAH 74, Denmark to CSAH 31 2007 CSAH 50, Division Street to TH 3 2008 CR 64 (195th Street), Flagstaffto Cedar 2009 Traffic Signals along Pilot Knob Road As warranted 208th Street - Cost Participation 2010 ; and WHEREAS, the City of Farmington intends to participate in costs associated with these projects in accordance with applicable County cost sharing policies. NOW, THEREFORE, BE IT RESOLVED, that the City of Farmington hereby requests that these projects be included in the Dakota County 2006-2010 Transportation CIP for construction and/or funding in the year(s) indicated: Project Year CR 64 (195th Street), from Autumn Glen to TH 3 2006-2009 CSAH 50, Division Street to TH 3 2006-2008 CSAH 31, CSAH 50 to CSAH 74 2007 CR 64 (195th Street), Flagstaffto Cedar 2009 BE IT FURTHER RESOLVED, that the City of Farmington hereby requests the following projects be considered for inclusion in future Dakota County Transportation CIP's: Project CSAH 74, Denmark to CSAH 31 Traffic Signals along Pilot Knob Road 208th Street - Cost Participation This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of September, 2005. Mayor Attested to the _ day of September 2005. Acting City Administrator SEAL ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Dakota County 2006 - 2010 CIP - City Requests DATE: June 6, 2005 INTRODUCTION Dakota County is in the process of preparing their 2006-2010 Capital Improvement Program (see the attached letter and schedule). City staff has previously met with the County to discuss potential projects to include in their draft CIP. DISCUSSION Pursuant to our meeting with Dakota County staff, the following projects are identified that the City would like included in Dakota County's 2006-2010 CIP: CR 64 (195th Street), from Autumn Glen to TH 3 - 2006 CR 64 (195th Street) from Autumn Glen to Trunk Highway 3 has been identified by the City and the County as an arterial east-west corridor in Farmington and through the County. Based on the timing of the development of the Seed/Genstar property, the roadway may be needed as early as 2006. The feasibility report for this project has been ordered by the City Council and is in process. CSAH 31, CSAH 50 to CSAH 74 - 2007 This project is included based on the development interest and master planning efforts south of CSAH 50 adjacent to the alignment of the southerly extension of CSAH 31. CSAH 74, Denmark to CSAH 31 - 2007 This project was not discussed at the meeting with Dakota County, however, since that meeting a developer for the southerly portion of the Spruce Street Master Plan area (adjacent to the westerly extension of CSAH 74 from Denmark) has contacted City staff and indicated the intent to develop. CSAH 50, Division Street to TH 3 - 2008 The preliminary engineering for this project is currently scheduled to be completed in 2005 with design engineering to be completed in 2006. The construction is currently scheduled in the County's CIP for 2008. " Dakota County 2006 - 2010 ClP June 6, 2005 Page 2 19Sh Street, Flagstal/to Cedar - 2009 This project is currently in the County's CIP for 2009 construction. Traffic Signals along Pilot Knob Road The County continues to monitor the intersections along Pilot Knob Road and program traffic signals as warrants are met. 20ath Street - Cost Participation Policy The concept of the County participating in the construction costs of City streets that support or relieve parallel County Roads has been discussed with the County. The extension of 20Sth Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH 50) from a traffic standpoint. Therefore, it is requested that the County adopt a policy based on this concept and program funding for the extension of208th street from its current easterly terminus to TH 3. BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REQUESTED For information and discussion. Projects identified to be forwarded to Dakota County for consideration for inclusion in their 2006-2010 draft CIP. Respectfully Submitted, Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file D.. ~O c: ::s o U CO +' o ~ CO o '" ~ ~I -' ~I ~~I g ::1: u :3 u I ~ u i ~o~ ~ '-" 0 ~:!;! Cod: " '" 8!! Ul ~ l- Ll. ~ C ~ " ~~j Hj I il I l II :;: ~ o ~ ~ r~ I I I t/) "C ns o IX: o ~ o N CD o o N '0 . ~ 0 a.z ~i o I '" 5 Ul ~ '" " '" lL o~. 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U c o ~ 8- c ~ ~ o o o ~ 8 '" Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.