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11.19.18 Council Packet
Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA November 19, 2018 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Dakota County Commissioner Mike Slavik Information Received 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve Minutes of the November 13, 2018 Special City Council Meeting— Administration Approved b) Approve Minutes of the November 13, 2018 City Council Work Session— Administration Approved c) Approve the 2019-2023 Capital Improvement Plan—Administration Approved d) Adopt Resolution Approving Submittal of an Application and Joint Powers Agreement for Landfill Abatement Funds from Dakota County—Public Works R46-18 e) Approve Temporary On-Sale Liquor License for Faribault Commandery#8 Knights Templar—Community Development Approved f) Adopt Resolution Approving a Gambling Event Permit Farmington Volleyball Club—Community Development R47-18 g) Adopt Resolution Approving a Gambling Event Permit Knights of Columbus —Community Development R48-18 h) Approve Professional Services Agreement for Inspection of Electrical Installations—Community Development Approved i) Approve Copier Lease Contract—Human Resources Approved j) Appointment Recommendation Liquor Operations—Human Resources Approved k) Approve AFSCME Clerical, Technical, Professional Unit Settlement— Human Resources Approved 1) Approve AFSCME Maintenance Unit Settlement—Human Resources Approved m) Approve 2019 Non-Bargaining Compensation Adjustment—Human Resources Approved n) Approve Seasonal Hiring—Human Resources Approved o) Approve Bills—Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Adopt Ordinance Approving 2019 Fee Schedule Continued to 12/3/18 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution Approving Preliminary and Final Plat—Pellicci Addition R52-18 b) Adopt Ordinance and Resolution Approving Comprehensive Plan Amendments and Rezoning of the Property Located at 6020 195th Street West Continued to 12/3/18 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Financial Review for the Months Ending September 30, 2018 Information Received 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN ���FAR 4 City of Farmington L 430 Third Street -b Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 PILO . - www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Dakota County Commissioner Mike Slavik DATE: November 19, 2018 INTRODUCTION Dakota County Commissioner Mike Slavik will be presenting an update on county activities to the city council. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Hear the presentation made by Commissioner Slavik and ask any questions you may have. Vkilif'\,/,6, City of Farmington �., 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 pao . www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the November 13, 2018 Special City Council Meeting- Administration DATE: November 19, 2018 INTRODUCTION Attached for your review are the minutes of the November 13, 2018 special city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the November 13, 2018 special city council meeting. ATTACHMENTS: Type Description D Backup Material November 13, 2018 Special City Council Meeting CITY OF FARMINGTON CITY COUNCIL MINUTES SPECIAL MEETING NOVEMBER 13, 2018 1. Call to Order Acting Mayor Bernhjelm called the meeting to order at 6:00 p.m. 2. Pledge of Allegiance Waived. 3. Roll Call Present-Bernhjelm, Donnelly and Craig Absent-Larson and Bartholomay Staff Present-Administrator McKnight, Finance Director Malecha, Public Works Director Gehler, Parks and Recreation Director Distad, Acting Police Chief Rutherford and Fire Chief Elvestad. 4. Agenda Motion by Donnelly, second by Craig,to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations None 6. Citizen Comments None 7. Consent Agenda Motion by Craig, second by Donnelly, to approve the consent agenda: a) Approve Minutes of the October 15, 2018 City Council Meeting-Administration b) Approve City Hall Office Renovation Project Change Order#1-Parks c) Approve the Dakota County Drug Task Force Joint Powers Agreement-Police d) Appointment Recommendation Municipal Services-Human Resources e) Appointment Recommendation Municipal Services-Human Resources f) Approve Seasonal Hiring-Human Resources November 13, 2018 Minutes - 1- g) Approve Contract with Graphic Designer for Logo Project-Human Resources h) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications None 11. Unfinished Business None 12. New Business a) Canvass the Results of the 2018 City Council Election Administrative Assistant Muller shared the results of the 2018 city council race. Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 6 Total Katie Bernhjelm 217 499 411 563 488 407 2585 Joshua Hoyt 180 463 312 571 448 352 2326 Phil Windschitl 144 410 274 540 477 349 2194 Trina Greene 160 377 271 341 312 294 1755 Nick Gessell 168 321 203 543 s 279 212 1726 Brett Wilson 98 233 176 230 231 140 1108 Joel Pritchett 123 205 161 241 164 164 1058 Jason Lamberson 74 132 151 139 152 106 754 Write In 24 68 26 27 58 40 243 Motion by Donnelly, second by Craig, to adopt Resolution R45-2018 accepting the results of the 2018 municipal election and declaring Katie Bernhjelm and Joshua Hoyt as the winners in the contest for city council. APIF, motion carried. 13. City Council Roundtable None November 13, 2018 Minutes -2- Adjourn Motion by Donnelly, second by Craig,to adjourn the meeting at 6:07 p.m. APIF, motion carried. Respectfully Submitted Da4401 2. lila Kra,At David McKnight, City Administrator November 13, 2018 Minutes -3- yo�FAR �„ eA City of Farmington 42- 4f.%4 430 Third Street ' Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 .'•e Maow�'` .,' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the November 13, 2018 City Council Work Session- Administration DATE: November 19, 2018 INTRODUCTION Attached for your review are the minutes of the November 13, 2018 city council work session. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes of the November 13, 2018 city council work session. ATTACHMENTS: Type Description D Backup Material November 13, 2018 Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION NOVEMBER 13, 2018 Acting Mayor Bernhjelm called the work session to order at 6:10 p.m. Roll Call Present-Bernhjelm, Craig and Donnelly Absent-Larson and Bartholomay Also Present-Administrator McKnight, Acting Police Chief Rutherford, Fire Chief Elvestad, Finance Director Malecha, Public Works Director Gehler, and Parks and Recreation Director Distad Agenda Motion by Craig, second by Donnelly,to approve the agenda. APIF, motion carried. Other 2019 Budget Finance Director Malecha reviewed the draft budgets in the Utility Enterprise Fund, Enterprise Funds and Capital Funds. Councilmember Donnelly asked why the Sanitary Sewer budget is purchasing a dump truck. Public Works Director Gehler reminded the city council that the trucks are being purchased by individual funds on a rotating basis. Acting Mayor Bernhjelm asked if the planned purchase in the solid waste budget can be delayed until discussions occur in 2019 concerning this enterprise. Gehler stated the purchase can be held off until after the work session discussion. Councilmember Craig asked about the purchase of squad cars in 2019. Acting Chief Rutherford stated the 2019 purchase includes Explorers as opposed to Tahoe's since we are replacing Tahoe's. Councilmember Donnelly raised concerns about the performance of the hybrid vehicle. Rutherford shared the concern and stated the issue will be watched once we receive the vehicles. November 13, 2018 Work Session Minutes -1- The city council was comfortable bringing these budgets forward for consideration in December. 2019-2023 Capital Improvement Plan Administrator McKnight reviewed the draft 2019-2023 Capital Improvement Plan. The plan includes projects and equipment the city is planning over the next five years. While the plan covers five years, the first year is always the most important. The city council previously reviewed this plan this past summer. The plan includes budgets for the Park Improvement Fund, Equipment Replacement Fund- General Fund, Equipment Replacement Fund-Utility Funds, Street Reconstruction Fund, Street Maintenance Fund, Trail Maintenance Fund, Building Maintenance Fund, Fire Equipment Fund, Police Equipment Fund and Water Fund. Councilmember Donnelly asked about the timing of the work at Well #9. Public Works Director Gehler shared the work schedule and public notices that have been sent to date. The drilling should take between six to eight weeks. The city council was comfortable bringing this document forward for consideration at the next regular meeting. 2019 Fee Schedule Administrator McKnight reviewed the draft 2019 fee schedule. Each year department heads propose a fee schedule for the following year. The schedule for 2019 has changes in 13 areas: 1. Police Services (Fingerprinting for Non-Residents)-The department recently reinstated performing this service. In reviewing the fees of neighboring departments it was found that our 2018 $20 fee was significantly lower than the $37 and $35 fees that the two other departments in the county who perform these services for non-residents were charging. The proposed fee for 2019 is $35. 2. Parks and Recreation (Park Facility Rental Rates)-These fees are all proposed to increase by$5 both as a look at specific fees every three years and to generate additional revenue for specific programs. 3. Parks and Recreation (Rambling River Center Rental Rates)-These $1 and $2 proposed fee increases were done to generate additional revenue for the facility. 4. Parks and Recreation (Schmitz-Maki Arena)-These $5 increases in ice rental rates were done to help cover operational and maintenance costs so the arena operates at a break even or better status. November 13, 2018 Work Session Minutes -2 - 5. Platting Fees, Escrows and Sureties (Water Main Trunk Fee, Water Treatment Plan Fee and Park Development Fee)-These fees are proposed to increase based on an estimated 2%construction cost index increase. 6. Water Tower Communication Devices (Base Lease Rate and Additional Antennas and Space Rental Leases)-These fees are proposed to increase 5% annually to align with the 5% annual increase included in our existing leases. 7. Utility Charges and Fees (Water Fees)-This proposed increase was reviewed in detail at the October 8, 2018 work session. The increase is proposed to help cover the costs of continued operations and the large projects occurring in 2019 and beyond including Well #9 and a new water tower in 2020. 8. Utility Charges and Fees (Sanitary Sewer)-This increase is proposed to continue to cover the cost of ongoing operations and maintenance. This proposed increase, like all other utility charges, is moving to a smaller annual increase as opposed to a larger increase every three years. 9. Utility Charges and Fees (Other/Storm Water)-This proposed increase is twofold. First is to cover the ongoing operation and maintenance costs of this fund. The second reason for the proposed increase is to pay its share of street reconstruction projects and the future added cost of storm water pond capacity improvements that are needed in our storm water system. 10. Schedule C (Solid Waste Fee Schedule)-This fee increase was discussed in detail at the October 8, 2018 work session. This city is seeing a 60% increase in budgeted disposal costs from 2017 to 2019. These increases are anticipated to continue for some time. The ongoing operation and maintenance of the service also is factored into proposed increases. Changes in the annual cleanup day program to help alleviate cost increases will be presented at a city council meeting in early 2019. 11. Schedule G (Rambling River Center Room Rental Rates)-The $5 increase is proposed to generate additional revenue to cover increased operation and maintenance costs. 12. Schedule H (Outdoor Field User Fee Schedule)-These $1 to $5 fee increases are proposed to generate additional revenue to cover increased operational and maintenance costs. 13. Schedule L (Electrical Inspections)-Our contracted contractor is proposing a number of fee increases to make fees uniform across cities in the area. Acting Mayor Bernhjelm asked where the revenue from cell phone towers goes. Public Works Director Gehler stated this revenue goes into the water fund. Councilmember Donnelly shared information on the elevator looking into placing an antenna on their facility and having concerns about the fees associated. Bernhjelm asked in the February financial discussion could include potential fees that go towards the possible ice arena and plaza projects. November 13, 2018 Work Session Minutes -3- The city council was comfortable bring this issue forward to a scheduled public hearing at the next city council meeting. City Administrator Update Grocery Store Bill Administrator McKnight shared information about a requested resolution in opposition to the issue of liquor sales in grocery stores. The city council asked that this issue be brought forward for consideration at a future meeting. 2019 Retreat/Goal Setting McKnight brought up the issue of the 2019 goal setting session. The city council asked that this meeting be coordinated after the League of Minnesota Cities training in early February. Other Updates McKnight provided updates on the following: ✓ City Council pictures are tentatively scheduled for Tuesday,January 22, 2019 ✓ LMC Training will take place on February 1-2, 2019 for those interested ✓ The joint meeting between the city council, planning commission and EDA is scheduled for December 10, 2018. Adjourn Motion by Craig, second by Bernhjelm,to adjourn the meeting at 6:36 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator November 13, 2018 Work Session Minutes -4- yQztiARH , City of Farmington �., 430 Third Street ;�' Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 " •4PRO*. ' . www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve the 2019-2023 Capital Improvement Plan-Administration DATE: November 19, 2018 INTRODUCTION The city council reviewed the draft 2019-2023 capital improvement plan at the November 13, 2018 work session. The plan is reflected in the draft 2019 budget document as well. DISCUSSION The 2019-2023 capital improvement plan includes projects and equipment that the city is planning over the next five years. While the plan covers the years 2019 through 2023, the first year of the plan is always the most important. All of these plans listed in 2019 are included in the draft budgets for next year that you have been reviewing. The plan includes budgets in a number of areas that are detailed below. Park Improvement Fund This plan covers the development and redevelopment of our park system. The major funding source for this fund is the transfer of dollars from liquor store profits each year. In 2019, this plan calls for work is the Westview Acres, Feely Fields, Prairie Waterway, Marigold and Prairie Pines Parks. Equipment Replacement Fund-General Fund The fund is responsible for the vehicles associated with departments in the General Fund. It has always been our plan to really fund this area starting in 2020. Because our equipment has been pushed back for a number of years, we have made some progress in the area of vehicle replacements in the past few years. The 2019 budget calls for the replacement of three squad cars in the police department. Equipment Replacement Fund-Utility Funds This fund is responsible for the vehicles in all of our utility funds. The funding comes from user fees charged to residents. The 2019 budget includes a new snow plow vehicle. Street Reconstruction Fund This fund tracks the large street reconstruction projects that are scheduled to take place in our community. The 2019 budget includes the Westview Acres projects. This fund also is where our goal of collecting cash for future street reconstruction projects is included. This plan calls for this type of collection to start in the year 2023. Use of cash for some or all of street reconstruction projects will help alleviate our dependence on debt for these types of projects and reduce future costs as we eliminate some or all interest costs in the future. Street Maintenance Fund This fund is responsible for our annual street maintenance work in the city. The work includes seal coating, mill and overlay work and crack sealing. The city council has restarted the use of mill and overlay projects in the city starting in 2019. Trail Maintenance Fund This fund was started a number of years ago to deal with the necessary maintenance on our trail system. The major sources of funding for this work are the tax levy and local government aid dollars. In 2019, the city council has directed staff to complete the maintenance work on the trails in Vermillion River Crossings. In addition, work will be done to install a handicap parking space downtown, work on the Northcreek Greeway Trail and the work planned in Prairie Waterway. Building Maintenance Fund This fund is responsible for the work needed in our many city facilities. As you recall, in 2017 we studied the necessary maintenance on our$30 million dollars in city facilities. The 2019 includes work from that plan in both fire stations, the police station, the arena, First Street Garage and the Rambling River Center. This fund does not include much funding in the future and the city council will need to determine a funding source for this required work. It should also be noted I have included a future salt shed and fuel station that the city will need to build once the county facility is no longer located in Farmington. These two items are included to remind the city council that a discussion needs to be held on this issue. Fire Equipment Fund This fund is responsible for the equipment needed in the fire department. This fund was created two years ago to start to track this equipment outside of the annual budget. The largest expenditure for 2019 is the costs associated with SCBA gear. Police Equipment Fund This fund is responsible for the equipment needed by the police department. As you will see, this fund focuses primarily on cameras and radios in each year of the plan. Water Fund This fund is responsible for the large projects associated with our water system. As you know, we have three large projects in this area that will be completed between 2018 and 2020. The large expenditures for 2019 include the completion of well#9 and the refurbishment of our main water tower. BUDGET IMPACT Each of these plans have an associated budget that is included in the capital improvement plan. ACTION REQUESTED Ask any questions you may have on the draft 2019-2023 draft capital improvement plan. Once the city council is comfortable with this information, a motion should be made to approve the 2019-2023 Capital Improvement Plan. ATTACHMENTS: Type Description D Backup Material Draft 2019-2023 CIP City of F Fnrmrn c •c • ``.At- MIL • • 2019-2023 Capital I Plan irks '4J Opgst.A PRo146chc, CAPITAL IMPROVEMENT PROGRAM PARK IMPROVEMENT FUND * T 'r 2019 2020 2021 2022 2023 PROJECTS ` . . ,' y. , .,,,, ,3a° RESURFACE WESTVIEW ACRES BASKETBALL COURT $5,000 _ REPLACE BACKSTOP AT FEELY FIELDS#1 $30,000 REPLACE PRAIRIE WATERWAY SHELTER ROOF $3,000 MARIGOLD PARK AND PRAIRIE PINES PARK IMPROVEMENTS $265,000 RESURFACE FARMINGTON PRESERVE BASKETBALL COURT $5,000 RESURFACE PINE KNOLL PARK BASKETBALL COURT $5,000 MEADOWVIEW PARK IMPROVEMENTS $100,000 PARK IMPROVEMENT FUND TOTAL $303,000 $5,000 $0 ff $0 $105,000 ' ' ' _REVENUES Y ' t x fir 'u '' ;w* x ,. BEGINNING FUND $449,258 $246,258 $322,258 $422,258 $512,258 TRANSFERS IN/LIQUOR STORE $75,000 $75,000 $75,000 $75,000 $75,000 LOCAL GOVERNMENT AID $0 $0 $0 i $0 $0 PARK DEDICATION FEES $20,000 $1,000 $20,000 $10,000 $20,000 OTHER FUNDS $5,000 $5,000 $5,000 $5,000 $5,000 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $100,000 $81,000 $100,000 $90,000 $100,000 EXPENDITURES t PROJECTS $303,000 $5,000 $0 $0 $105,000 TOTAL EXPENDITURES $303,000 $5,000 $0 $0 $105,000 ENDING FUND BALANCE $246,258 $322,258 $422,258 $512,258 $507,258 11/5/2018 H:\Finance\CIP Approvel Document CAPITAL IMPROVEMENT PROGRAM EQUIPMENT REPLACEMENT FUND-GENERAL FUND 2019-2023 PROJECTS a °i- » �° ° a ?�� �� GENERAL FUND BUILDING INSPECTIONS $32,860 $34,500 ENGINEERING $37,100 $34,880 $37,950 POLICE $157,590 $93,280 $208,626 $154,560 $101,200 FIRE $37,100 $1,128,150 $61,600 $126,500 STREETS $89,040 $264,870 $299,040 $17,250 PARKS $260,760 $207,100 $133,280 $56,350 NATURAL RESOURCES $39,200 EQUIPMENT REPLACEMENT FUND $157,590 $550,140 $1,843,626 $687,680 $373,750 REVENUES i . ..,. BEGINNING FUND BALANCE $162,702 $95,112 $344,972 $49,546 $203,466 TRANSFERS IN $0 $800,000 $480,000 $542,000 $542,000 LOCAL GOVERNMENT AID $90,000 $0 $0 $299,600 $0 SALE OF BONDS $0 $0 $1,068,200 $0 $0 OTHER FUNDS $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $90,000 $800,000 $1,548,200 $841,600 $542,000 EXPENDITURES :. 4, a _ EQUIPMENT $157,590 $550,140 $1,843,626 $687,680 $373,750 TOTAL EXPENDITURES $157,590 $550,140 $1,843,626 $687,680 $373,750 ENDING FUND BALANCE $95,112 $344,972 $49,546 $203,466 $371,716 11/5/2018 CIP Approvel Document CAPITAL IMPROVEMENT PROGRAM EQUIPMENT REPLACEMENT FUND-UTILITY FUNDS 2019-2023 PROJECTS 2019 2020 2021 2022 '' FUND WATER $299,600 SANITARY SEWER $216,300 $79,500 $430,550 $241,500 STORMWATER $222,600 $227,700 SOLID WASTE $38,110 $465,430 FLEET $37,100 $47,600 EQUIPMENT REPLACEMENT FUND $254,410 $339,200 $895,980 $347,200 $469,200 REVENUES # _` ' - * : r r < s BEGINNING FUND BALANCE $0 $0 $0 ( $0 $0 WATER FEES $0 $0 $299,600 SANITARY SEWER FEES $216,300 $79,500 $430,550 $241,500 STORMWATER FEES $0 $222,600 $227,700 SOLID WASTE FEES $38,110 $465,430 FLEET TRANSFERS $37,100 $47,600 TOTAL REVENUE $254,410 $339,200 $895,980 $347,200 $469,200 4rry . `EXPENDITURES . . f :a-. EQUIPMENT $254,410 $339,200 $895,980 $347,200 $469,200 TOTAL EXPENDITURES $254,410 $339,200 $895,980 $347,200 $469,200 ENDING FUND BALANCE $0 $0 $0 $0 $0 11/5/2018 CIP Approvel Document CAPITAL IMPROVEMENT PROGRAM STREET RECONSTRUCTION FUND PROJECTS , _ -,41'..'.,....;":= ° 9 1 2022 a= t{ . . ! t 2023 WESTVIEW ACRES _ $4,151,724 TURN LANES AT 225TH STREET $144,240 CARVER LANE/BACKAGE ROAD $768,511 SPRUCE STREET(RR TRACKS TO DENMARK AVENUE) $1,616,657 WILLOW STREET/LINDEN STREET $1,823,784 SECOND STREET/HONEYSUCKLE LANE $2,420,829 STREET RECONSTRUCTION FUND $4,151,724 $0 $0 $4,353,192 $2,420,829 BEGINNING FUND BALANCE $300,000 $0 $0 $260,000 $1,044,999 TRANSFERS IN/TAX LEVY $0 $0 $260,000 $775,000 $926,000 LOCAL GOVERNMENT AID $0 1 $0 $0 $0 $0 SALE OF BONDS $1,050,000 $0 $0 $2,281,846 $1,122,895 WATER FUND CONTRIBUTION $928,608 $0 $0 $793,400 $507,431 STORM WATER FUND CONTRIBUTION $258,508 $0 $0 $628,762 $339,685 SANITARY SEWER FUND CONTRIBUTION $996,608 $0 $0 $659,183 $450,817 MSA CONTRIBUTION $618,000 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $3,851,724 $0 $260,000 $5,138,191 $3,346,828 EXPENDITURES k... .. �4 PROJECTS $4,151,724 $0 $0 $4,353,192 $2,420,829 TOTAL EXPENDITURES $4,151,724 $0 $0 $4,353,192 $2,420,829 r ENDING FUND BALANCE $0 $0 $260,000 $1,044,999 $1,970,998 11/5/2018 CIP Approvel Document CAPITAL IMPROVEMENT PROGRAM STREET MAINTENANCE FUND PROJECTS Ti3z.li :4 2022 2023 CRACK SEALING $33,000 $34,320 $35,640 $36,960 $38,280 SEAL COATING $145,000 $150,800 $156,600 $162,400 $168,200 MILL AND OVERLAY $415,000 $550,000 $200,000 $230,000 $260,000 STREET MAINTENANCE FUND $593,000 $735,120 $392,240 $429,360 $466,480 _ . 3?; REVENUES ; BEGINNING FUND BALANCE $790,111 $597,111 $404,024 $742,992 $945,685 TRANSFERS IN/TAX LEVY $400,000 $425,000 $650,000 $575,000 $500,000 LOCAL GOVERNMENT AID $0 $117,033 $81,208 $57,053 $67,033 SALE OF BONDS $0 $0 $0 $0 $0 OTHER FUNDS $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $400,000 $542,033 $731,208 $632,053 $567,033 EXPENDITURES � _"' 'd PROJECTS $593,000 $735,120 $392,240 $429,360 $466,480 TOTAL EXPENDITURES $593,000 $735,120 $392,240 $429,360 $466,480 ENDING FUND BALANCE $597,111 $404,024 $742,992 $945,685 $1,046,238 11/5/2018 CIP Approve! Document CAPITAL IMPROVEMENT PROGRAM TRAIL MAINTENANCE FUND • PROJECTS i+( ,4ai ; 2022 2023 CRACK SEALING $7,000 $7,280 $7,560 $7,840 $8,120 FOG SEALING $15,000 $15,600 $16,200 $16,800 $17,400 PAVEMENT REPLACEMENT $285,000 $90,000 $75,000 $30,000 $60,000 TRAIL MAINTENANCE FUND $307,000 $112,880 $98,760 $54,640 $85,520 REVENUES BEGINNING FUND BALANCE $153,803 $28,168 $25,288 $16,528 $11,888 TRANSFERS IN/TAX LEVY $60,278 $50,000 $60,000 $0 $50,000 LOCAL GOVERNMENT AID $1,087 $60,000 $30,000 $50,000 $60,000 SALE OF BONDS $0 $0 $0 $0 $0 OTHER FUNDS $120,000 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $181,365 $110,000 $90,000 $50,000 $110,000 EXPENDITURES PROJECTS $307,000 $112,880 $98,760 $54,640 $85,520 TOTAL EXPENDITURES $307,000 $112,880 $98,760 $54,640 $85,520 ENDING FUND BALANCE $28,168 $25,288 $16,528 $11,888 $36,368 2019 PAVEMENT REPLACEMENT PROJECTS DOWNTOWN HANDICAP PARKING STALL $5,000 _ NORTHCREEK GREENWAY TRAIL AT 187TH STREET $10,000 SOUTHERN PRAIRIE WATERWAY TRAIL REPLACEMENT $150,000 VRC TRAIL AND SIDEWALK REPLACEMENT $120,000 $285,000 11/5/2018 CIP Approvel Document CAPITAL IMPROVEMENT PROGRAM BUILDING MAINTENANCE FUND PROJECTS 2019 2020 2021 2022 2023 CITY HALL $20,000 FIRE STATION#1 $15,450 $25,000 FIRE STATION#2 $500 $25,000 SCHMITZ-MAKI ARENA $126,300 FIRST STREET GARAGE $5,000 MAINTENANCE FACILITY $13,400 POLICE DEPARTMENT $9,800 $25,000 RAMBLING RIVER CENTER $26,825 FUTURE SALT SHED $125,000 FUTURE FUEL STATION $200,000 BUILDING MAINTENANCE FUND $197,275 $95,000 $125,000 $200,000 $0 REVENUES r,i w ' �.. .. .,a .�,Z_r� ,. n ,. I , BEGINNING FUND BALANCE $201,435 $25,368 $16,975 $43,582 $189 TRANSFERS IN/TAX LEVY $0 $0 $0 $0 $0 LOCAL GOVERNMENT AID $21,208 $86,607 $151,607 $156,607 $136,607 SALE OF BONDS $0 $0 $0 $0 $0 OTHER FUNDS/LIQUOR STORE REVENUE $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $21,208 $86,607 $151,607 $156,607 $136,607 EXPENDITURES " ,.. Y t PROJECTS $197,275 $95,000 $125,000 $200,000 $0 TOTAL EXPENDITURES $197,275 $95,000 $125,000 $200,000 $0 ENDING FUND BALANCE $25,368 $16,975 $43,582 $189 $136,796 11/5/2018 OP Approve) Document CAPITAL IMPROVEMENT PROGRAM FIRE EQUIPMENT FUND PROJECTS ' A_ ,« '� _ , I !':14;'''''''''''''‘,171'i.6. 7e .. 2022 2023 SCBA $85,000 $64,800 $0 $0 $0 PORTABLE RADIOS $0 $0 $45,000 $45,000 $45,000 RADIO BATTERIES $0 $6,000 $0 $8,000 $0 MOBILE RADIOS $0 $0 $0 $9,750 $9,750 EXTRICATION TOOLS $0 $0 $0 $0 $40,000 THERMAL IMAGING CAMERAS $5,000 $0 $7,500 $5,000 $0 RAD 57 CO MONITOR $0 $0 $0 $7,000 $0 HOSE $0 $7,500 $11,000 $7,500 $11,000 GAS MONITOR $0 $0 $8,000 $0 $9,000 TOTAL $90,000 $78,300 $71,500 $82,250 $114,750 REVENUES _ i _ .. ., - n. moi. l,..�` .,��.`....4:;;,,....,„,.4.,.,,,,,,„:„,„..„, BEGINNING FUND BALANCE $0 l $1,545 $14,790 $34,835 $44,130 TRANSFERS IN/TAX LEVY $91,545 $91,545 $91,545 $91,545 $111,545 LOCAL GOVERNMENT AID $0 $0 $0 $0 $0 SALE OF BONDS $0 $0 $0 $0 $0 OTHER FUNDS $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $91,545 $91,545 $91,545 $91,545 $111,545 . r _ ^s -maxEXPENDITURES ,,,, : ; . EQUIPMENT $90,000 $78,300 $71,500 $82,250 $114,750 TOTAL EXPENDITURES $90,000 $78,300 $71,500 $82,250 $114,750 ENDING FUND BALANCE $1,545 $14,790 $34,835 $44,130 $40,925 11/5/2018 OP Approvel Document CAPITAL IMPROVEMENT PROGRAM _ POLICE EQUIPMENT FUND PROJECTS °s .: »... fil+ ° �6IAA ., 'Alj 2; , PORTABLE RADIOS $0 $71,715 $52,851 $14,366 $0 MOBILE RADIOS $0 $0 $10,498 $61,710 $0 BODY CAMERAS $13,452 $13,452 $13,452 $13,452 $13,452 SQUAD CAMERAS $8,424 $18,129 $18,129 $18,129 $18,129 THERMAL IMAGING CAMERA $10,000 $0 $0 $0 $0 POLICE EQUIPMENT FUND $31,876 $103,296 $94,930 $107,657 $31,581 REVENUES *, :,r . , =` .:.:f.''',•: BEGINNING FUND BALANCE $79,152 $98,276 $45,980 $2,050 -$50,607 TRANSFERS IN/TAX LEVY $51,000 $51,000 $51,000 $55,000 $55,000 LOCAL GOVERNMENT AID $0 $0 $0 $0 $0 SALE OF BONDS $0 $0 $0 $0 $0 OTHER FUNDS $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $0 $0 $0 $0 $0 TOTAL REVENUE $51,000 $51,000 $51,000 $55,000 $55,000 EXPENDITURES _. _ +, „, i EQUIPMENT $31,876 $103,296 $94,930 $107,657 $31,581 TOTAL EXPENDITURES $31,876 $103,296 $94,930 $107,657 $31,581 ENDING FUND BALANCE $98,276 $45,980 $2,050 -$50,607 -$27,188 11/5/2018 CIP Approve) Document CAPITAL IMPROVEMENT PROGRAM WATER FUND _ P gay *1,--4 I PROJECTS . , 2019 2020 2021 2022 2023 WATERMAIN REPLACEMENT IN WESTVIEW ACRES $1,203,345 WELL#2 MAINTENANCE $41,200 WELL#6 MAINTENANCE $41,200 WATER TOWER REFURBISHMENT $1,648,000 WATER TOWER CONSTRUCTION $5,830,000 WELL#5 MAINTENANCE $42,400 WELL#7 MAINTENANCE $42,400 WELLS#1 AND 2 SEAL AND ABANDON $26,500 WELL#4 MAINTENANCE $43,600 WELL#8 MAINTENANCE $43,600 WATERMAIN REPLACEMENT WITH STREET PROJECTS $783,400 $507,431 FLEET COSTS $64,400 STREET RECONSTRUCTION FUND $2,933,745 $5,941,300 $87,200 $847,800 $507,431 BEGINNING FUND BALANCE $0 $186,861 $0 $0 $0 TRANSFERS IN/TAX LEVY $0 $0 $0 $0 $0 LOCAL GOVERNMENT AID $0 $0 $0 $0 $0 SALE OF BONDS $2,238,206 $0 $0 $0 $0 WATER FUND CONTRIBUTION $82,400 $5,754,439 $87,200 $847,800 $507,431 STORM WATER FUND CONTRIBUTION $0 $0 $0 $0 $0 SANITARY SEWER FUND CONTRIBUTION $0 $0 $0 $0 $0 MSA CONTRIBUTION $0 $0 $0 $0 $0 MISCELLANEOUS INCOME $800,000 $0 $0 $0 $0 TOTAL REVENUE $3,120,606 $5,754,439 $87,200 $847,800 $507,431 EXPENDITURES ,,j:'1,.._ °�r E I ..,. PROJECTS $2,933,745 $5,941,300 $87,200 $847,800 $507,431 TOTAL EXPENDITURES $2,933,745 $5,941,300 $87,200 $847,800 $507,431 P I -- - ENDING FUND BALANCE $186,861 $0 $0 $0 $0 11/5/2018 OP ApproveI Document 4 ________ i City of Farmington 4" 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 •.,,mom" www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson, Municipal Services Coordinator SUBJECT: Approve Submittal of an Application and Joint Powers Agreement for Landfill Abatement Funds from Dakota County-Public Works DATE: November 19, 2018 INTRODUCTION The Dakota County Board of Commissioners adopted the 2018-2038 Dakota County Solid Waste Master Plan in September of 2018. The Master Plan is developed to support the objectives of the Metropolitan Solid Waste Management Policy Plan. A key theme of the current Policy Plan is that fundamental change is necessary if the region is to continue to move beyond current trends and meet the goals of the Waste Management Act(Minn. Stat. §115A). Dakota County Solid Waste Ordinance 110 requires each municipality in the county to have a solid waste abatement program that is consistent with the Master Plan. Dakota County has provided landfill abatement funding assistance to communities in Dakota County since 1989. DISCUSSION The Master Plan supports performance-based funding for communities to meet waste abatement objectives described in the Master Plan. The 2019 Community Funding Program/Work Plan continues work towards the priority goals outlined in the 2018 Community Funding Program/Work Plan including: • Provide at least one mattress collection event or opportunity to residents for recycling. Mattresses, bicycles, or carpeting in a municipality-coordinated collection are reused or recycled. • Implement at least one mechanism to require recycling with Dakota County's Best Management Practices at events/festivals (e.g. event permit, event vendor agreement, facility rental agreement). • Support County efforts to plan and prepare for future city ordinance amendment(s)pertaining to recycling at events/festivals. • Implement organics diversion in municipality owned facilities and encourage organics recycling at events/festivals. • Support County led efforts to amend County ordinances identified by the new Master Plan; for example, to identify municipal involvement and impacts created by a potential County ordinance to require weekly recycling collection. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2019 funding amount for Farmington is $30,263. BUDGET IMPACT The 2019 funding amount for Farmington, to assist the county in meeting the 2019 priority goals outlined in the Master Plan, is $30,263. ACTION REQUESTED Adopt the attached resolution approving submittal of an application for landfill abatement funding assistance to Dakota County and the joint powers agreement between the County of Dakota and the City of Farmington for 2019 Waste Abatement Community Funding. ATTACHMENTS: Type Description D Backup Material 2019 Community Funding Work Plan D Contract Joint Powers Agreemen for 2019 Waste Abatement Community Funding D Resolution Resolution Dakota County Contract#C0030861 Exhibit 1 -Page 1 of 12 Dakota County, Physical Development Division C214 ,:°.4‘; Environmental Resources Department Information:Gena Gerard,952-891-7021 COU v T Y gena.gerard@co.dakota.mn.us JPA processing:Sara Glasby 952-891-7963 sara.glasby@co.dakota.mn.us 2019 Dakota County Community Funding Application Packet Municipality: City of Farmington Application and JPA Submittal Date: September 19, 2018 Funding Period: January 1, 2019- December 31, 2019 2019 Annual Report Due Date: January 31, 2020 Municipality..Primary Contact` Municipal Services Designated Liaison: Lena Larson Title: Coordinator E-mail: Ilarson@FarmingtonMN.gov Phone: 6512806905 Mailing Address: 430 Third Street City/State/Zip: Farmington, MN 55024 Municipality Secondary,Contact Designated Back-up: Title: E-mail: Phone: Municipality Communications Contact, Communications Name: Lauren Siebenaler Title: Specialist E-mail: Isiebenaler@FarmingtonMN.gov Phone: 6512806807 Submit completed Application by email to gena.gerard@co.dakota.mn.us or by mail to: Gena Gerard Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Dakota County Contract#C0030861 Exhibit 1 -Page 2 of 12 The following documents and information are required as part of the Joint Powers Agreement for Community Funding: 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body(e.g., City Council or Commission) submitting the Application Packet,or a certified copy of the official proceedings of the governing body approving the Application Packet. 2. Work Plan Complete and submit the attached 2019 Dakota County Community Funding Work Plan. 3. Budget Complete the Work Plan budget to itemize the following fund request: Fund Request County Fund Eligibility.`, Work Plan Activities $ 30,263 $30,263 Waste Tire Activities(RSWC Only) $`(fill inaamount) TOTAL $ 30,263 $30,263 4. Compliance with Public Entity Laws Check"Yes" or"No"to indicate compliance,and attach requested documentation for the following: Yes No*; MN Stat. §115A.552 (community recycling programs in place) x MN Stat. §115A.552 (residents/businesses have the opportunity to recycle) NOTE: Municipal code language must be attached if updated in previous calendar year. MN Stat. §115A.151 (internal recycling programs for facilities under the municipality's control). x NOTE: Copy of hauler contract must be attached if updated in previous calendar year. MN Stat. §473.848 and §115A.471 (management of solid waste collected under contract from municipal operations) MN Administrative Rules 1303.1500 (recycling space requirements in new or remodeled buildings of 1,000 square feet or more). x *Identify the timeline and steps being taken to obtain compliance: I,the undersigned,certify that this 2019 Community Funding Application was prepared under my direction or supervision,and that the information is true, accurate,and complete to the best of my knowledge. I certify that a 2019 Annual Report demonstrating compliance with this application will be submitted to Dakota County by January 31,2020. Lena Larson Name of person completing document Signature (electronic signature acceptable) Municipal Services Coordinator September 19, 2018 Title Date Dakota County Contract#C0030861 Exhibit 1 -Page 3 of 12 2019 Dakota County Community Funding Work Plan Municipality Size Definition Small (S) Municipalities with fewer than 4,000 households Medium (M) Municipalities with 4,000-10,000 households Large (L) Municipalities with more than 10,000 households RSWC(R) Municipalities comprising the Rural Solid Waste Commission Minimum work plan requirements for different sized municipalities are identified within each activity below. I. Administration: Meeting Attendance, Training, and Reporting GOAL: Fulfill responsibilities necessary for effective program administration. Task Activities County Report Funds' Expended Requested (YTD) 1 Attend at least four of the six Local Solid Waste Staff meetings per year. NOTE: Rural Solid Waste Commission adds Commission Board meetings. (S, M, L, R). PLAN: Intent is to attend all meetings if possible. REPORT: [report results, report results—list meetings attended] 2 Attend waste abatement training such as Dakota County Master Recycler/Composter class and other training to support Work Plan $550 activities (S, M, L). PLAN: Recycling Association of Minnesota Membership and Conference Association of Recycling Managers and Conference REPORT: [report results—list training attended] 3 Submit quarterly updates using reporting tools provided by the County with documentation for Work Plan expenses covered by Program funding within 15 days of the end of the three-month period (S, M, L, R). • PLAN: Quarterly as requested by county staff. (April,July, October, January) REPORT: [report results—enter date(s) submitted] [Additional Notes:] Dakota County Contract#C0030861 Exhibit 1 -Page 4 of 12 II. Municipal Facility Recycling A. Internal Recycling Implementation GOAL: Demonstrate compliance with MN Stat§115A.151 to ensure recycling programs for facilities under the municipality's control collect at least three recyclable materials and meet best management practices. Task Activities` _ County Report Funds ', Expended , Requested (YTD) 1 Follow up on infrastructure changes by providing targeted education to employees and visitors in municipality-controlled administrative buildings included in the 2017 waste sort(S, M, L, R). PLAN: Redistribute information about proper waste disposal, including organics, via email and intranet, and posters and signs. REPORT: [report results, describe activities, locations, dates, and estimated number of people served] 2 Conduct at least one visual waste assessment or a waste sort at the municipal facility studied in 2017 waste sort, to estimate weights and $7500 diversion rates after targeted education has concluded (S, M, L, R). PLAN: Conduct waste-sort at City Hall,Schmitz-Maki Arena, and the Rambling River Center to determine viability of programs and/or education needs.. REPORT: [report results—attach completed Visual Waste Assessment Form and Measurement Calculations Table with weights and diversion weights, or results of waste sort] 3 a. Visually inspect and verify waste management at all municipality-controlled facilities and parks in keeping with 8 stations Dakota County's Best Management Practices Checklist using the at two Municipal Recycling Tracking Tool, at least once annually(S, M, L, parks R) and b. Add containers as needed $10,800 PLAN: Walk through parks that have waste stations and update the BMP Checklist.Adjust as necessary.Add 8 waste stations to two new parks. REPORT: [report results—(a)walk through once and enter data into the Municipal Recycling Tracking Tool, referring to the Dakota County Universal Best Management Practices Checklist for specific BMPs and (b) describe purchases, locations, purpose ] Dakota County Contract#C0030861 Exhibit 1 -Page 5 of 12 [Additional Notes:] B. Internal Waste Reduction and Recycling Education GOAL: Promote recycling to help reach recycling rate goal of 75%for metropolitan counties(MN Stat. §115A.551). Task Activities County Report Funds Expended Requested (YTD) 1 Educate all municipal employees about how to reduce waste and recycle when at work,through workshops, email communications, and/or other education methods, using County toolkit(S, M, L, R). PLAN: Utilize the city's intranet and email to educate staff about recycling, organics, and reducing waste using County toolkit. Make sure posters and stickers are up to date. REPORT: [report results—describe activities, locations, dates, and estimated number of people served] [Additional Notes:] III. Waste Abatement Activities A. Materials Collection Events and Activities GOAL: Increase residential waste reuse and recycling through events and activities to collect reusable and/or recyclable materials, in keeping with the statutory 75% recycling goal for metropolitan counties (MN Stat. §115A.551) and the waste management hierarchy. Task Activities ,County Report Funds Expended << Requested (YTD) 1 Provide at least two municipality-wide events or opportunities for residential paper to be shredded and recycled as an addition to an existing event or as a stand-alone opportunity(M, L). $1300 PLAN: Promote the shred event in April held at the library and hold a shred event with the Household Hazardous Waste Drop-off in September. REPORT: [report results—describe activities, locations, dates, estimated number of people served, and weights provided by vendor] 2 a. Provide at least one mattress collection event or opportunity to residents for recycling as an addition to an existing event or as a Dakota County Contract#C0030861 Exhibit 1 -Page 6 of 12 stand-alone opportunity(e.g., cleanup day, roll-off, curbside collection etc.), and $1500 b. Ensure that any mattresses, bicycles, and carpet in a municipality-coordinated collection are delivered for reuse or recycling, with preference given to reuse (M, L—Medium cities encouraged to pool funds with adjacent medium cities; small cities optional to add on to medium or large city collection events). PLAN:Add mattress drop-off option to HHW Drop-off day, and research options for carpet and bikes to be reused or recycled. REPORT: [report results—describe activities, locations, dates, estimated number of people served, number and type of materials collected (specify reuse or recycled), and weights provided by vendor] 3 Promote reuse events, resources and/or opportunities currently available to municipal residents, using list created in 2018 (S, M, L). PLAN: Maintain list and use social media to promote opportunities. REPORT: [report results—describe promotion efforts] 4 Rural Solid Waste Commission only: Conduct waste tire management activities such as a tire collection event for rural Dakota County residents. (R) PLAN: [ex. .la z 4 4 REPORT: [report results—describe activities, locations, and dates, estimated number of people served, and number and weights wovided by vendor] [Additional Notes:] B. Community Events and Festival Recycling GOAL: Ensure that the opportunity to recycle exists for residents and begin efforts to institutionalize recycling at community events and festivals. Task Activities County Report Funds Expended Requested (YTD) Work with event coordinators to implement recycling collection $600 with best management practices at all events/festivals that the municipality sponsors or helps to coordinate, or that are held on city property, using Dakota County's Recycling Best Management Practices Guide for Public Events(S, M, L, R). Dakota County Contract#C0030861 Exhibit 1 -Page 7 of 12 PLAN: Work with Dew Days committee to coordinate recycling for Flavors of Farmington, Bingo, and Dew Days weekend. REPORT: [report results—submit completed Dakota County Universal Best Management Practices Checklist and attach completed Event Summary Form for each event] 2 Implement at least one additional mechanism to require recycling with best management practices at events/festivals (e.g., event permit, event vendor agreement,facility rental agreement, event hauler agreement) (S, M, L, R). PLAN: Continue to present model language provided by the county per the study one by Foth in 2017 to decision makers at the city. REPORT: [report results—identify selected mechanism, describe progress, and attach new or revised mechanism when completed] 3 Support County efforts to plan and prepare for future city ordinance amendment(s) pertaining to recycling at events/festivals (S, M, L, R). PLAN: Present model language provided by the county for ordinance amendments related to recycling at events to decision makers at the city. REPORT: [report results—describe activities] [Additional Notes:] IV. Residential Outreach and Education A.Website Content and Resident Communications GOAL: Provide education and outreach to all current and new residents of single family and multiunit dwellings about recycling, and household hazardous waste, and ensure that local waste collection information, recycling information, and waste abatement messaging is consistent throughout the County, in keeping with MN Stat. §115A.552. Task Activities ;County Report' Funds Expended Requested ,`(YTD) 1 a. Verify that solid waste collection requirements within the municipality are available to residents on the municipal website, and b. Verify that direct links to the Dakota County website or the Dakota County Contract#C0030861 Exhibit 1 -Page 8 of 12 i online Green Guide directory are provided for residents to have access to both solid and hazardous waste management information (5, M, L, R). PLAN: Review website for accuracy and update as necessary. REPORT: [report results—verify and state compliance with (a) and (b)]] 2 Serve as a resource to the general public by fielding and responding to waste abatement-related inquiries. (5, M, L, R). PLAN: City staff will utilize the green Guide and other available resources to provide information to residents. Estimate an average of 5-30 calls/emails/social media interactions per week depending on season, current events, and other various factors. It would be difficult to determine an exact amount. Links to the Green Guide are provided to staff who cover the front desk, work at the Rambling River Center, and interact on social media to make access to answers easier and improve customer service. REPORT: [report results] 3 Provide education to all existing and new residents through the $2410 following: a. Insert at least one article about residential recycling from County toolkit into a mailed municipal newsletter(S, M, L, R), and b. Insert at least one article about waste reduction from County toolkit into a mailed municipal newsletter(S, M, L, R), and c. If available, use electronic media (e.g., Facebook,Twitter, E- News)to send timely waste management messages to residents on both topics (M, L). PLAN:Appropriate articles will be placed in the City News and Recreation Guide and information shared on social media. Dasher board and wall ads at Schmitz-Maki Arena for recycling and The Recycling Zone. REPORT: [report results—describe activities for(a), (b), and (c), including dates, topics, and number of people served; attach copies of articles] 4 Provide direct outreach to residents about waste reduction/reuse and recycling through the following using County toolkits (M-1, L-2): $1700 for a. Staff a booth or conduct a presentation at a large community P2 Day gathering (e.g., school assembly, Pollution Prevention Day, presenters Farmer's Market), and/or and props b. Coordinate a large event(e.g., Earth Day or America Recycles Day Celebration) PLAN: Host an information table at the Farmington Community EXPO Dakota County Contract#C0030861 Exhibit 1 -Page 9 of 12 in January or Earth&Arbor Day Celebration in April. Coordinate Pollution Prevention Day in September for 4rh graders. REPORT: [report results—describe activities for(a) and (b) including dates, locations,topics, and estimated number of people served] 5 Support County-led efforts to develop a multiunit recycling program (e.g., connect County staff to known property managers or known multi-unit education opportunities) (S, M, L). REPORT: [report results—describe activities] "'ural 0 is as-e -`4mrmsst4 only: Provide education and outreach to rural Dakota County residents about waste tire management activities (R). PLAN: [explain plan] REPORT: [report results—describe activities, including dates, topics, d estimated number of people serve [Additional Notes:] V. Priority Issue: Organics Diversion A. Municipality-Wide Organics Diversion GOAL: Implement and continue planning for community-wide organics diversion, increase awareness of organics recycling for residents, increase the organics recycling rate, and decrease the amount of food thrown away in households, in keeping with the statutory 75% recycling goal for metropolitan counties (MN Stat. §115A.551) and the waste management hierarchy. Task Activities County Report Funds Expended Requested (YTD) 1 Provide direct outreach to residents about food waste prevention opportunities through the following using County toolkits (M-1, L-2): a. Staff a booth, or conduct a presentation at a large community gathering(e.g., school assembly, Pollution Prevention Day, Farmer's Market), separate from IV.A.4 above, and/or b. Coordinate a large event (e.g., Food Too Good To Waste Challenge) PLAN: Host an information table at the Farmington Community EXPO in January or Earth&Arbor Day Celebration in April. REPORT: [report results—describe activities for(a) and (b) including dates, locations,topics, and estimated number of people served] 2 Coordinate internally to implement organics diversion in the Dakota County Contract#C0030861 Exhibit 1 -Page 10 of 12 additional municipality-owned/operated building identified by the 2018 Work Plan (M, L). PLAN:Since we were able to implement organics collection in three buildings the plan for 2019 is to evaluate those three buildings and make adjustments/improvements as necessary. REPORT: [report results—describe activities and purchases] 3 Identify at least one additional municipality-owned facility with a large amount of organic waste to be targeted for organics diversion planning and implementation in 2020. (M, L). PLAN:Since we were able to implement organics collection in three buildings the plan for 2019 is to evaluate those three buildings and make adjustments/improvements as necessary.At that time we determine whether or not it makes sense to add buildings. If it is decided to add buildings, we will reuse 13 gallon containers from City Hall and replace them with 8 gallon containers. REPORT: [report results—describe progress; identify facility] 4 Work with event coordinators to implement organics collection with best management practices, as feasible, at events/festivals that the municipality sponsors or helps to coordinate, or that are held on city property, using Dakota County's Recycling Best Management Practices Guide for Public Events (5, M, L, R). PLAN: Reach out to Dew Days committee to determine interest in adding organics to Flavors of Farmington, Bingo, and Dew Days weekend. REPORT: [report results—submit completed Dakota County Universal Best Management Practices Checklist and attach completed Event Summary Form for each event] 5 Collaborate with Dakota County to provide food waste prevention resources to residents through the following: a. Insert at least one article about food waste prevention into a mailed municipal newsletter to residents (S, M, L, R), and b. Provide direct links from the municipality website to the Dakota County website for food waste prevention (5, M, L, R), and c. If available, use electronic media (e.g., Facebook,Twitter, E- News)to send timely food waste prevention messages to residents(M, L). PLAN:Appropriate articles will be placed in the City News and Recreation Guide and information shared on social media. City staff will link Dakota County's Food Too Good to Waste information to the city website. Dakota County Contract#C0030861 Exhibit 1 —Page 11 of 12 REPORT: [report results—describe activities for(a), (b), and (c), including dates, topics, and estimated number of people served; attach copies of articles] [Additional Notes:] VI. Solid Waste Master Plan Support and Implementation A. Master Plan/Policy Plan Activities GOAL: Effective planning and implementation for municipality alignment with Dakota County Solid Waste Master Plan goals and strategies. Task Activities County Report ,< Funds Expended Requested (YTD) 1 Identify municipal involvement and impacts created by County-led efforts to amend County ordinances identified by the new Master Plan. Amendments being considered include: weekly recycling collection, recycling at events/festivals, multi-unit recycling, or increased volume-based pricing. (5, M, L, R). PLAN:Evaluate opportunities to include Master Plan priorities through an updated recycling agreement and/or other methods. REPORT: [report results—describe activities] 2 Engage city staff and stakeholders to support other County-led efforts for Master Plan implementation,for example to identify municipal barriers and opportunities for phased approaches to implement the Master Plan (5, M, L, R). PLAN:Assist County ordinance amendments related to Master Plan priorities engage appropriate city staff as needed. REPORT: [report results—describe activities] 3 Implement at least one city priority project for landfill abatement that promotes Master Plan objectives (S, M, L, R). PLAN:Continue holiday lights collection Currently in preliminary discussions with contractor on the future of recycling in Farmington. Current contract goes through 2019. REPORT: [report results—describe activities] [Additional Notes:] Dakota County Contr1 -actPage#00030861112of12 VII. Budget Complete the budget and expense form below for the Application and Final Report. Municipality contributions are not required but help to further the aims of the program. Total#"hours estimated for Planned full-time equivalent(FTE) Actual:full time equivalent(FTE) municipality to coordinate this for municipality to coordinate for municipality to coordinate programthis program this program 416 .20 County Funds: County Funds:< Municipality Municipality Total.Program; ;Total Program Requested Report Funds Funds:Report Expense Expense: 2019. F_ Expended Contributed/ Expended County+ County+- ; Budget Item/Expense 2019(YTD) Anticipated 2019(YTD) Municipality: Municipality 2019 ' Planned�2019 Report Expended 2019(YTD) Salary and Benefits $3903 $20,087 I. Meeting attendance, $550 training and reporting II. Municipal Facility Recycling $18,300 Ill. Waste Abatement $3400 Activities IV. Residential Outreach/Education $4110 $3850 V. Organics Diversion VI. Master Plan Support and Implementation Total $30,263 $23,937 $54,200 • JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR 2019 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County(County) and the City of Farmington (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat. §471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program (Program) that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; the Master Plan governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Master Plan (Minn. Stat. § 115A.46); and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department(Department) budget; and WHEREAS, by Board Resolution #18-322, the County Board approved 2019 community funding allocations as presented to the Physical Development Committee of the Whole on June 19, 2018, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2019 Department budget; and WHEREAS, the Program responsibilities for the Municipality/Rural Solid Waste Commission (RSWC) include ensuring recycling best practices are followed at public facilities; increasing residential waste, reuse and recycling through materials collection; implementing recycling at large events; providing education and outreach to residents; increasing organics recycling; and supporting County-led efforts for Master Plan implementation; and WHEREAS, the RSWC has an additional responsibility for waste tire activities for residents in rural Dakota County; and WHEREAS, County responsibilities include providing technical assistance, container labels, and waste educational messages and images; maintaining waste management information on the County website; hosting Master Recycler/Composter classes; and providing best practices strategies and resources for waste abatement projects; and Dakota County Contract#C0030861 Page 11 of 8 Joint Powers Agreement WHEREAS, separate Joint Powers Agreements with municipalities, or entities acting on their behalf, identify municipality and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and Municipality shall derive from this Agreement, the County and Municipality hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2019 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County and the Municipality. SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2019, and shall continue in effect until December 31, 2019, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Master Plan identifies performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program purpose includes: ensure that residents, businesses and public entities have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives. The Community Funding Program supports the County's efforts for broad- based education and implementation of local programs and projects for waste reduction, reuse, recycling, household hazardous waste management, and organics diversion. 5.2 ELIGIBILITY. Eligible municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships and six small cities in rural Dakota County. 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, Municipality shall submit an Application Packet that includes the annual Work Plan and budget breakdown for each funding activity to the County by the due date specified in writing on forms provided by County staff. Dakota County Contract#C0030861 Page 12 of 8 Joint Powers Agreement 5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and Exhibit 1. [For RSWC only 5.41 COMPLIANCE WITH LAWS/STANDARDS. If a waste tire collection event is conducted, the RSWC shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations, including management of the waste tires collected.] 5.5 RECYCLING. Municipality must ensure the opportunity to recycle exists for all municipal employees, residents and businesses, including at Municipality-controlled public areas such as parks, community centers, and city-sponsored events/festivals; must develop and implement programs to increase residential recycling and organics diversion; and must continue planning to implement community-wide organics diversion. 5.6 PRIORITY ISSUE. County staff, with input from all eligible municipalities, will develop a Priority Issue strategy to accomplish during the multi-year Master Plan reporting cycle. The 2017-2020 Priority Issue is organics diversion. The 2019 Priority Issue focus is on residential food waste prevention education, implementing organics diversion within municipally-owned/operated buildings, and continued progression for organics best practices and diversion at public facilities and events. The Priority Issue is subject to change pending legislation or County strategic planning. 5.7 PERFORMANCE. Municipality shall report its performance on a quarterly basis pursuant to responsibilities set forth in this Agreement and Exhibit 1, using reporting tools provided by County staff and including documentation such as vendor invoices or receipts, expense reports produced using municipal accounting software, or itemized financial statements for the dedicated bank account for all Work Plan expenses covered by Program funding. County staff will notify the Municipality in writing if a Recycling Improvement Plan is needed. Within 30 days of notification, the Municipality shall submit a Recycling Improvement Plan signed by the Municipality's authorized representative. The Recycling Improvement Plan must be negotiated with County staff and specify Municipality activities and a timeframe to achieve compliance. 5.8 ANNUAL REPORT. By January 31, 2019, Municipality shall submit its Annual Report for the year 2018, on the form prescribed by County staff. The Annual Report must be signed by the authorized representative for this JPA. [For RSWC only: The Annual Report shall include the waste tire management activities and metrics. If a waste tire collection event is conducted, the Annual Report shall identify the location, hauling and disposal costs, and number of tires collected.] 5.9 AUDIT. County staff may audit one or more buildings operated by the Municipality through a waste sort or other means of waste assessment. This data will be used by the Municipality and County to determine the success of the waste management program, which will influence the Work Plan. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Municipalities receive performance-based funding in part from a pass-through grant from the State. Municipal funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2019 allocated funding for the Municipality, or entity acting on its behalf, shall be in the total amount not to exceed $30,263.00, as set forth in Exhibit 1. [For RSWC only: 6.12 WASTE TIRE MANAGEMENT FUNDING. County shall pay the RSWC an amount not to exceed $11,745 for waste tire management in 2019 for rural Dakota County residents.] 6.2 FUNDING PAYMENT. Contingent upon approval by County staff of the Municipality's Annual Report for the funding year 2018, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2019. Payment will be made in one installment within 30 days of approval of the Annual Report. Municipalities with a complete Application Packet and an approved Annual Report receive 100% payment of allocated funds for eligible expenses. Dakota County Contract#C0030861 Page 13 of 8 Joint Powers Agreement 6.3 ELIGIBLE EXPENSES. Municipality may use allocated funds only on eligible items as identified in Exhibit 1 and includes: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, promoting, and reporting of eligible activities described in the Work Plan. b) Attending Local Solid Waste Staff meetings [for RSWC only: and attending Rural Solid Waste Commission meetings]. c) Memberships and training necessary for eligible activities, not including out-of-state travel or lodging. 6.3.2 Municipal Facility Recycling a) Containers necessary to implement best practices at Municipality-controlled administrative buildings and public areas, including parks and community centers. b) Waste abatement education materials for municipal employees and visitors, such as signs, trainings and mass communication. 6.3.3 Waste Abatement Activities [for RSWC only: and Waste Tire Management] a) Advertising to promote city-sponsored activities to accept recyclable or reusable materials from residents. b) Collection and management of paper from residents to be shredded and recycled. c) Collection and management of mattresses, bicycles, and carpet from residents for reuse or recycling. d) Collection, containers, equipment, and hauling services necessary to implement traditional recycling at community events/festivals that the Municipality sponsors or helps to coordinate, or that are held on city property. e) Stipend for an organization or group to provide event recycling assistance. f) Design and implementation of projects and programs to enhance residential, park and public area recycling, including recycling bags for city-supported pickup events and activities. g) [For RSWC only: Hauling and disposal of waste tires collected at a waste tire collection event for rural Dakota County residents.] 6.3.4 Residential Outreach and Education a) Production and dissemination of County-approved education information to increase awareness and participation in waste abatement programs, including postage for stand-alone mailings when content cannot be included in mailed communications that are already being sent to residents by the Municipality[for RSWC only: including for waste tire management]. b) Professional educators who assist in the production and dissemination of information described in 6.3.4.(a). c) County-approved landfill abatement promotional items up to $500. Items must create minimal waste and contribute to waste diversion education. 6.3.5 Priority Issue: Organics Diversion a) Production and dissemination of County-developed and approved education information to increase awareness and participation in residential organics programs, including postage for stand-alone mailings. b) Collection, containers, equipment, hauling services, and compostable bags and products necessary to implement organics diversion at community events/festivals that the Municipality sponsors or helps to coordinate, or that are held on Municipality property. c) Containers and start-up supply of compostable bags necessary to implement organics diversion at Municipality facilities. 6.3.6 Solid Waste Master Plan a) Supporting County-led efforts to implement the Master Plan. b) Implementing one or more city priority projects to support Master Plan priorities as identified in the Work Plan. Dakota County Contract#C0030861 Page 14 of 8 Joint Powers Agreement 6.3.7 Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues(e.g., energy, water). b) Except for 6.3.3d and 6.3.5b, waste collection, transportation or management(i.e., reuse, recycle, resource recovery, land disposal) of waste under the Municipality's control. c) Food or refreshments, unless approved by County staff as compliant with Dakota County Policy 2740. d) Payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics). [For RSWC only: Except for 6.3.3g, payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics, yard waste).] 6.3.8 Other Expenses a) Other waste abatement expenses may be eligible with prior written approval from the County Liaison. 6.4 FUNDING PAYMENT AND WORK PLAN ADJUSTMENTS. The Dakota County Environmental Resources Director(Director) shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application Packet, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with the Agreement and Exhibit 1. The Municipality must expend the community fund by the end of the calendar year, unless prior written approval is received from the Director. Municipality must return unspent funds (the difference between the amount of funds provided and the amount Municipality reports as expended), must return funds if expenditures or activities are determined by County staff as not consistent with this Agreement and Exhibit 1, and must return funds if County staff determines performance has not been remedied as identified in the Recycling Improvement Plan pursuant to Section 5.7. If the Municipality fails to fulfill its responsibilities, the County may choose to implement activities in the Municipality and may recover costs in accordance with Dakota County Solid Waste Ordinance 110. The Director shall have the authority to approve modifications to the Work Plan as requested by the Municipality, as long as the Work Plan modifications do not cause the amount payable under this Agreement to exceed the amount approved by the Dakota County Board of Commissioners and are consistent with this Agreement and Exhibit 1. Only Work Plan modifications approved by the Director are an eligible expense. 6.5 FUNDING PAYMENT DEDICATED ACCOUNT. Municipality must deposit and manage funds in a dedicated bank account. Program funds are prohibited from being commingled with any other funds or used for non-approved activities. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 THE MUNICIPALITY.The Municipality shall: a. Fulfill responsibilities under this Agreement and as described in Exhibit 1. b. Designate a Municipality Liaison responsible for Program planning, implementation, measurement, and reporting. c. Ensure Liaison attends at least four out of the six Liaison/County staff meetings each year. d. Ensure newly-assigned Liaisons attend the Dakota County Master Recycler/Composter class. If not feasible, coordinate with the County to substitute reading materials and tours in place of the class. e. Develop and submit an Annual Application Packet, Quarterly Reports, and Annual Report on forms created by County staff. f. Use County-developed resources for required residential waste abatement education; submit waste abatement outreach materials to County staff at least three business days before publication for review; and provide funding source credit on all print materials: "Partially funded by the Minnesota Pollution Control Agency and Dakota County." Dakota County Contract#C0030861 Page 15 of 8 Joint Powers Agreement 7.2 THE COUNTY.The County, through its Environmental Resources Department, shall: a. Fulfill the following responsibilities under this Agreement: b. Administration: i. Manage allocation and recovery of allocated funds. ii. Develop and provide annual templates for the Application Packet and Quarterly/Annual Report for the Municipality. iii. Host six Liaison/County staff meetings each year. iv. Provide technical assistance for the Municipality to apply, plan for, measure, and report on work efforts. v. Monitor and manage performance and compliance with this Agreement and Exhibit 1. c. Education and Outreach i. Provide County staff-developed resources, including articles, images, social media posts, and education kits for solid waste and household hazardous waste management. ii. Provide color-coded trash, recycling, and organics labels. iii. Review and approve Municipality waste abatement outreach materials. iv. Develop and maintain solid and household hazardous waste information on the County website. v. Offer at least one Master Recycling Composter session each year. d. Projects and Programs i. Develop and provide best practices for solid waste management. ii. Provide effective strategies, resources, and support for Municipality to implement waste abatement programs. iii. As determined by County staff, provide a reasonable supply of reusable and portable receptacles for Municipality to store and use for waste collection at events. iv. Provide low- and no-waste guides and best practices tools for event/festival organizers and vendors. SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the Municipality. 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. Dakota County Contract#C0030861 Page 16 of 8 Joint Powers Agreement TO THE COUNTY Matt Smith, or successor, County Manager County of Dakota 1590 Highway 55 Hastings, MN 55033 TO THE MUNICIPALITY Todd Larson, Mayor(or successor) In addition, notification to the County regarding termination under Section 11 of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Gena Gerard Telephone: (952) 891-7021 Email: gena.gerard@co.dakota.mn.us Municipality Liaison: Name: Lena Larson Telephone: (651)280-6905 Email: Ilarson@ci.farminciton.mn.us SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of this Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by the Authorized Representatives of the County and the Municipality. Dakota County Contract#C0030861 Page 17 of 8 Joint Powers Agreement SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY Matt Smith, County Manager Date of Signature: CITY OF FARMINGTON . , Mayor Todd La on Date of Signature: // 9'/(3-- APPROVED "APPROVED AS TO FORM: /s/Margaret M. Horsch 10/18/18 Assistant County Attorney/Date Attest I KS-18-243-002 �'� �/� <<�i fes.�to✓' (title) Date o Signature: ////?//8- County ///5'//SCounty Board Res. No. 18-322 Dakota County Contract#C0030861 Page 18 of 8 Joint Powers Agreement RESOLUTION NO.R46-18 APPROVING AN APPLICATION WITH DAKOTA COUNTY FOR WASTE ABATEMENT COMMUNITY FUNDING 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 November, 2018 at 7:00 p.m. Members present: Larson, Bernhj elm, Craig Members absent: Bartholomay, Donnelly Member Craig and Member Bernhj elm introduced and seconded the following resolution: WHEREAS, according to the Dakota County Solid Waste Master Plan, Dakota County presently provides funding assistance for landfill abatement activities based on performance based funding; and, WHEREAS, the city presently has an integrated resource recovery system of which curbside collection of yard waste and recyclables are major components, and would be eligible for funding under the county program. NOW THEREFORE, BE IT RESOLVED that the 2019 Dakota County Community Funding Application, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to execute and forward the 2019 Community Funding Application to Dakota County. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November, 2018. Mayor Attested to the o'l day of November, 2018. Administrator SEAL tikt fi .► City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 .A PRO1041v. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Administrative Assistant SUBJECT: Approve Temporary On-Sale Liquor License for Faribault Commandery#8, Knights Templar-Community Development DATE: November 19, 2018 INTRODUCTION The Faribault Commandery#8, Knights Templar are requesting a temporary on-sale liquor license for a fundraiser. DISCUSSION The Faribault Commandery are requesting a temporary on-sale liquor license for a fundraiser to be held on December 7, 2018, at 326 Third Street. Per state statute, a license must first be approved by the city and then forwarded to the state for approval. BUDGET IMPACT The State of Minnesota waives all fees for temporary liquor licenses for non-profit organizations. Therefore, the city has not established a fee for this license. ACTION REQUESTED Approve the attached application for a temporary on-sale liquor license for the Faribault Commandery#8, Knights Templar for their fundraiser on December 7, 2018. ATTACHMENTS: Type Description D Exhibit Application i Minnesota Department of Public Safety �'{,; Alcohol and Gambling Enforcement Division ''� zyr ,:; 445 Minnesota Street,Suite 222,St.Paul,MN 55101 AlrANN 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol&'Gambling Enforcement APPLICATION AND PERMIT FOR A 1 DAY - - TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number iegAgAi "ilwtir ,ire-/4 11.4t64ii m;-eta ad (8:4 12 - i44s 4-1 Addresst _ City _ _j State Zip Code J3 . TO )( t!�P 3 1 I �c�r�. �I Minnesota �a50 Name of person making application Business phone Home phone 01-1 IS-NJ, . Crt-Iz11r 6SJ eel Z•6%19 t'zz > l A I Date(s)of event iType of organization 1Z, '1 Zbt i ,$, ❑Club ',,Charitable ❑ Religious ❑Other non-profit Organization officer's name City State Zip Code 8L-1 c3 (I4 T € VJW-WI lN Minnesota xj 4 Organization officer's name City State Zip Code C c 'IZ-r^ I ve 1/ I Minnesota 53.3.4 Organization officer's name City`, State Zip Code 'PAVIA-] Q t I Vote_nviaol1/4' I Minnesota 157j3Z4 Organization officer's name City _ State Zip Code .. 7 1 3. 7Il 7D--r 11"fi�'Kff.-Uy` A-6f I Minnesota56-V4 Location where permit will be used. Kan outdoor area,describe. (/N 0 THS M 11V-411 r C. C1� )ta)11,i0.1 -- - (-- t TO WI xiC bl\,1 _.`( if the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. lithe applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official •Approved Director•Alcohol.and Gambling Enforcement CLERKS NOTICE:Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL,APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORAFIYAPPLICATION@STATE.NICUs ao iARaiA City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 'wt.' 10400v- www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Adopt Resolution Approving a Gambling Event Permit Farmington Volleyball Club- Community Development DATE: November 19, 2018 INTRODUCTION The Farmington Volleyball Club is requesting a gambling event permit for a raffle fundraiser. DISCUSSION Per State Statute 349.166 and pertinent City Code, a gambling event permit must be issued by the city for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2018 budget. ACTION REQUESTED Consider the attached resolution granting a gambling event peiinit to the Farmington Volleyball Club, to be held at Carbone's Pizza, 10 N 8th Street, on December 20, 2018. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO. R47-1 8 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR THE FARMINGTON VOLLEYBALL CLUB 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 November 2018 at 7:00 p.m. Members Present: Larson, Bernhjelm, Craig Members Absent: Bartholomay, Donnelly Member Craig and Member Bernhj elm introduced and seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,the Farmington Volleyball Club has submitted an application for a Gambling Event Permit to be conducted at 10 North 8th Street, on December 20,2018,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Farmington Volleyball Club,to be held at 10 North 8th Street,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November 2018. N Mayor Attested to the 4 `'h day of November, 2018. %,/ .\ • Administrator SEAL 4�EAR,y City of Farmington itz•-w.A C7 , 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 447'.4 moo' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller,Administrative Assistant SUBJECT: Adopt Resolution Approving a Gambling Event Permit Knights of Columbus- Community Development DATE: November 19, 2018 INTRODUCTION The Knights of Columbus are requesting a gambling event permit for three bingo fundraisers. DISCUSSION Per State Statute 349.166 and pertinent City Code, a gambling event permit must be issued by the city for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2019 budget. ACTION REQUESTED Consider the attached resolution granting a gambling event permit to the Knights of Columbus, to be held at St. Michaels Catholic Church, 22120 Denmark Avenue, on January 26, 2019, February 23, 2019, and November 16, 2019. ATTACHMENTS: Type Description D Resolution Resolution RESOLUTION NO. R48-1 8 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR THE KNIGHTS OF COLUMBUS 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 November 2018 at 7:00 p.m. Members Present: Larson, Bernhjelm, Craig Members Absent: Bartholomay, Donnelly Member Craig and Member Bernhj elm introduced and seconded the following: WHEREAS,pursuant to M.S. 349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,the Knights of Columbus have submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark Avenue,on January 26,2019,February 23,2019,and November 16,2019,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus,to be held at 22120 Denmark Avenue,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November 2018. Mayor Attested to the 676744 day of November,2018. Administrator SEAL yo�FARiftk„ City of Farmington y 430 Third Street t lomIR Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Ken Lewis, Building Official SUBJECT: Approve Professional Services Agreement for Inspection of Electrical Installations- Community Development DATE: November 19, 2018 INTRODUCTION Attached is an agreement with Midwest Electrical Technologies, Inc. (MET) to perform electrical inspections for the City of Farmington. DISCUSSION The City of Farmington has had a contract with MET for many years to perform electrical inspections within the city. The attached two-year agreement has been reviewed by the city attorney and will expire December 31, 2020. BUDGET IMPACT Upon receipt of invoices from MET, the amount of compensation will be equal to 75% of the corresponding electrical permit fees, excluding any city administrative fees and state surcharges. ACTION REQUESTED Approve the agreement with Midwest Electrical Technologies, Inc. to perform electrical inspections for the City of Farmington. ATTACHMENTS: Type Description D Contract Agreement PROFESSIONAL SERVICES AGREEMENT FOR INSPECTION OF ELECTRICAL INSTALLATIONS THIS AGREEMENT is made this _19day of November, 2018 by and between the City of Farmington, a Minnesota municipal corporation ("City") and MIDWEST ELECTRICAL TECHNOLOGIES, Inc., a Minnesota corporation ("MET"), to set forth the terms and conditions pursuant to which MET may, from time to time, provide City with professional services (the "Services") consisting of inspection of electrical installations within the City of Farmington (each individually a"Project"). The contract documents that comprise the entire agreement between City and MET concerning the Services consist of this Agreement, the Work Orders, insurance policies, change orders, and additional documents specific to the particular Project, as listed in the Work Orders, and together they set forth the terms and conditions under which MET will provide City with the Services described therein. In consideration of the mutual covenants and agreements herein contained, City and MET hereby agree as follows: 1. Responsibilities of MET 1.1 Services. City may, in its sole discretion, from time to time request MET to perform professional services pursuant to the terms of this Agreement. City will authorize such Services by executing a Work Order specifying the Project and the date for completion of Services. Upon receipt of a signed Work Order, MET shall perform the Services pursuant to the terms of the Work Order and this Agreement. City may order changes to the Work Order consisting of additions, deletions or other revisions, which shall be authorized by written Change Order. If MET is unwilling or unable to perform the requested Services, MET shall promptly notify City's representative who authorized the Services. City's representative(s)with individual authority to execute Work Orders and Change Orders are as designated by the City in writing from time to time. 1.2 Performance Standards. MET shall provide its Services in a professional manner that is consistent with the degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality, MET shall comply with all applicable laws, regulations and ordinances and with inspection procedures established by the City. 1.3 Qualifications of Electrical Inspectors. MET represents and warrants to City that every person performing Services under this Agreement shall meet the following qualifications: pursuant to Minn. Stat. § 326B.36, Subd. 6, each electrical inspector shall be a licensed master or journeyman electrician under Minn. Stat. § 326B.33, Subd. 1,paragraph(1), or Subd. 2,paragraph(b), and shall not otherwise engage or be employed in the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for light, heat,power, and other purposes and shall have no financial interest in any concern engaged in any such business. 1.4 Time for Performance of Services. MET shall perform the Services in each Work Order in the sequence and time specified in the Work Order and as otherwise required by the progress and nature of the Project. An electrical inspector employed by MET shall be available to perform the Services as Farmington needed between 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding days on which the Farmington City Hall is closed("Holidays"). Generally,the Servicesshall be completed with forty-eight(48)hours after receipt of a Work Order, excluding weekends and Holidays. 1.5 Coordination. MET shall coordinate its Services with the services provided by others relative to the Project. 1.6 Failure to Pass Inspection. If any Project does not pass inspection, MET shall notify the contractor,the property owner and the City of the specific findings of the inspection on the date of such inspection, and perform follow-up inspections as needed to obtain compliance. 1.7 Reporting. MET shall prepare and submit to the appropriate authorities any and all documents and information required by the City or by City ordinance, state law or federal law. 1.8 Ownership of Work Product. The work product of MET's Services pursuant to this Agreement, including all documents and information, shall be the property of City. Notwithstanding any provision in this Agreement to the contrary, the City shall not be obligated to pay MET for any Services under this Agreement until MET delivers all related inspection records and documents to the City. 1.9 Agreement Not Exclusive. This Agreement shall not preclude the City from engaging any other person or entity to perform inspection of electrical installations, nor shall this Agreement preclude MET from providing similar or related services for any other entity. However,the particular service MET performs for the City shall be for the exclusive benefit of the City and not for the benefit of any other entity. 1.10 No Office Provided. MET will supply its own office facility, if one is needed. 2. Indemnification and Insurance. 2.1 Indemnification. MET shall indemnify , defend and hold City harmless from and against all liabilities, claims, damages, losses and expense, including reasonable attorney's fees, arising out of or resulting from the performance of the Services. 2.2 Insurance. MET shall keep and maintain the following insurance coverage. 2.2.1 Workers Compensation Insurance, MET shall maintain workers compensation insurance with the following limits or with the minimum limits required by law if greater: Coverage A: Statutory Coverage B: $1,000,000 Bodily Injury by accident Each accident $1,000,000 Bodily Injury by disease Policy limit$1,000,000 Bodily Injury by disease Each employee 2.2.2 General Liability Insurance. MET shall maintain general liability insurance with coverage to include: Premises/Operations, Completed Operations and Contractual Liability(to cover the indemnification provision in paragraph 2.1 of this Agreement). Limits of coverage shall not be less than: $1,000,000 Per occurrence $2,000,000 Aggregate 2.2.3 Automobile Insurance. MET shall maintain automobile liability insurance to include all owned autos (private passenger and other than private passenger), hired and nonowned vehicles. Limits of coverage shall not be less than: $500,000 Per occurrence 2.2.4 Errors and Omissions. MET shall maintain errors and omissions/professional liability insurance. The limit of coverage shall not be less than $1,000,000. 2.2.5 Umbrella Insurance. MET shall maintain umbrella/excess limits insurance in an amount not less than$1,000,000. 2.3 Evidence of Insurance. The above insurance shall be maintained in companies lawfully authorized to do business in Minnesota and which are reasonably acceptable to City. The City shall be listed as an additional insured on the insurance policies, excluding the workers' compensation insurance policy. MET shall furnish City with certificates reflecting such insurance (ACORD form or equivalent)to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or materially changed without prior written notice to City. 2.4 Health and Safety. MET will take all necessary precautions, meet all legal requirements for the health and safety of all its employees on the Project and all other persons who may be affected by the Services. This requirement will apply continuously and is not limited to normal working hours. 3. Responsibilities of City. 3.1 City will pay compensation to MET for the Services set forth in each Work Order,together with any adjustments set forth in written Change Orders, after the Project passes final electrical inspection. The amount of compensation shall be equal to seventy five percent(75%) of the corresponding electrical permit fees, excluding any City administrative fees and state surcharges. MET shall submit itemized invoices not more than two (2)times per month, listing the Work Order numbers and the corresponding date(s)that each Project passed final electrical inspection. City shall make payment to MET within twenty(20) days after receipt of each invoice. MET shall be responsible for all other expenses, including, but not limited to,transportation,materials, equipment, labor and insurance costs and tax obligations. 3.2 Administration. The City shall perform the following administrative functions in connection with the Services, at the City's cost: 3.2.1 Issue electrical permits; 3.2.2. Issue Work Order and Change Orders; 3.2.3. Provide inspection approval stickers; 3.2.5 Issue correction notices; and 3.2.6 Maintain inspection records. 4. Miscellaneous. 4.1 Entire Agreement. The terms and condition set forth herein constitute the entire understanding of the parties relating to the provision of the Services by MET to City and shall be incorporated in all Work Orders unless otherwise so stated therein. This Agreement may be amended only by a written instrument signed by both parties. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any action to enforce this Agreement shall be venued in Minnesota District Court in Dakota County, Minnesota. 4.3 Assignment Prohibited. This Agreement may not be assigned by MET of City without the prior written consent of the other party. 4.4 Subcontracting Prohibited. MET may not subcontract with any person or entity for performance of any Services under this Agreement. 4.5 Term. The term of this Agreement shall commence on the date of execution of this Agreement and shall expire on 31st day of December, 2020, subject to renewal by the parties. 4.6 Termination. This Agreement may be terminated by either party upon seven(7) days written notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such seven(7) day period. City may terminate this Agreement for convenience at anytime, in which event MET shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from City. 4.7 Force Majeure. Neither party shall be liable for damages or deemed in default of this Agreement and any Work Order hereunder to the extent that any delay or failure in the performance of its obligations (other than the payment of money)results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God,acts of civil or military authority, embargoes, epidemics,war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lockouts, and changes in laws, statutes, regulations, or ordinances. 4.8 Audit. Under Minn. Stat. §6.551 and 16C.05, subd. 5, MET's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the City, Legislative Auditor, and/or State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. MET shall maintain its books, records and documents for at least six (6) years. 4.9 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. 4.10 Compliance with Law and Regulations. In providing services hereunder, MET shall abide by all statutes, ordinance, rules and regulations pertaining to the provisions of services to be provided. 4.11 Independent Contractor. The City hereby retains the MET as an independent contractor upon the terms and conditions set forth in the Agreement. MET is not an employee of the City and is free to contract with other entities as provided herein. MET shall be responsible for selecting the means and methods of performing their work. MET shall furnish any and all supplies, equipment, and incidentals necessary for MET's performance under this Agreement. MET shall be exclusively responsible under this Agreement for MET's FICA payments,workers compensation payments, unemployment compensation payments,withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 4.12 Minnesota Government Data Practices Act. MET must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and(2) all data, created, collected, received, stored,used,maintained, or disseminated by the MET pursuant to this Agreement. MET is subject to all the provisions of the Minnesota Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity regarding data created or maintained pursuant to this agreement. In the event MET receives a request to release data, MET must immediately notify City. City will give MET instructions concerning the release of the data to the requesting party before the data is released. MET agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from MET's officers', agents', city's,partners', employee',volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. IN WITNESS WHEREOF, CITY and MET have caused this Agreement to be duly executed. MIDWEST ELECTRICAL TECHNOLOGIES, Inc. z By: G 4' dam' Dated: l/'7/ Michael J. Haw tee: CITY OF FARMINGTON By :y _.._ - Dated: // (7 Its: Mayor By. ,�� Dated: ///y'�s' Its: rty Clerk 4c�FARy�, City of Farmington �.. 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 rt.* anio' ' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robert Boerboom, IT Specialist SUBJECT: Approve Copier Lease Contract-Human Resources DATE: November 19, 2018 INTRODUCTION This memorandum provides information regarding the city's copiers. DISCUSSION The city's lease on a number of copiers is up for renewal. The current vendor has provided the copying solutions we need while reducing current costs. Additionally, they include maintenance and toner costs within the lease. The quoted price for five copiers is $858.64 per month for the lease which is a reduction from our current cost of$945.97 per month. The contract is proposed for five years. BUDGET IMPACT Funding for the copier lease is included in the budget; and the estimated annual cost savings is $1,047.96 ACTION REQUESTED Approve the Ricoh copier lease contract. ATTACHMENTS: Type Description D Contract Ricoh Copier Lease RI H Ricoh USA,Inc. 70 Valley Stream Parkway Malvern,PA 19355 U.S. Communities Master Lease Agreement Number: CUSTOMER INFORMATION Full Legal Name FARMINGTON,CITY OF Address 430 3RD ST City FARMINGTON State MN Zip 55024-1355 Contact Rob Boerboom Telephone Number(651)280-6919 Federal Tax ID Number 418022052 Facsimile Number E-mail Address rboerboom@ci.farmington.mn.us (Do Not Insert Social Security Number) This U.S. Communities Master Lease Agreement("Lease Agreement")has been written in clear,easy to understand English.When we use the words "you","your"or"Customer"in this Lease Agreement,we mean you,our customer,as indicated above.When we use the words"we","us"or"our"in this Lease Agreement,we mean Ricoh USA,Inc.("Ricoh")or,if we assign this Lease Agreement or any Schedules executed in accordance with this Lease Agreement, pursuant to Section 13 below, the Assignee (as defined below). Our corporate office is located at 70 Valley Stream Parkway, Malvern,Pennsylvania 19355. 1. Agreement.This Lease Agreement is executed pursuant to the contract by and between Ricoh USA,Inc.(successor-in-interest to Ricoh Americas Corporation)and Fairfax County(the"County")on behalf of the U.S.Communities Government Purchasing Alliance and all public agencies,non-profits and higher education entities("Participating Public Agencies"),having a Contract ID number of 4400003732 and the contract period is from February 11,2013 to June 30,2019,with the option to renew for no more than three(3)years(the"Contract Period"),one year at a time,or any combination thereof(the"Contract"). Notwithstanding the foregoing,any Schedule entered into during the Contract Period shall continue in full force and effect for the entire lease term set forth in the Schedule.We agree to lease or rent,as specified in any equipment schedule executed by you and us and incorporating the terms of this Lease Agreement by reference(a"Schedule"),to you,and you agree to lease or rent,as applicable,from us,subject to the terms of this Lease Agreement and such Schedule,the personal and intangible property described in such Schedule.The personal and intangible property described on a Schedule(together with all attachments,replacements,parts,substitutions,additions,repairs,and accessories incorporated in or affixed to the property and any license or subscription rights associated with the property)will be collectively referred to as"Product."The manufacturer of the tangible Product shall be referred to as the"Manufacturer."To the extent the Product includes intangible property or associated services such as periodic software licenses and prepaid data base subscription rights,such intangible property shall be referred to as the"Software." 2. Schedules;Delivery and Acceptance.This Lease Agreement shall consist of the terms and conditions of the Contract and this Lease Agreement and any Schedule issued pursuant thereto.As it pertains to this Lease Agreement,the order of precedence of the component parts of the Lease Agreement shall be as follows: (a)the terms and conditions of this Lease Agreement and Schedule issued pursuant thereto,and(b)the terms and conditions of the Contract.The foregoing order of precedence shall govern the interpretation of this Lease Agreement in cases of conflict or inconsistency therein. Each Schedule that incorporates this Lease Agreement shall be governed by the terms and conditions of this Lease Agreement and the Contract,as well as by the terms and conditions set forth in such individual Schedule.Each Schedule shall constitute a complete agreement separate and distinct from this Lease Agreement and any other Schedule.In the event of a conflict between the terms of this Lease Agreement and any Schedule,the terms of such Schedule shall govern and control,but only with respect to the Product subject to such Schedule. The termination of this Lease Agreement will not affect any Schedule executed prior to the effective date of such termination.When you receive the Product and it is installed,you agree to inspect it to determine it is in good working order.Scheduled Payments(as specified in the applicable Schedule)will begin on or after the Product acceptance date("Effective Date").You agree to sign and return to us a delivery and acceptance certificate(which may be done electronically)within five(5)business days after any Product is installed confirming that the Product has been delivered,installed,and is in good condition and accepted for all purposes under the Lease Agreement. 3. Term;Payments. (a) The first scheduled Payment(as specified in the applicable Schedule) ("Payment")will be due on the Effective Date or such later date as we may designate.The remaining Payments will be due on the same day of each subsequent month,unless otherwise specified on the applicable Schedule.To the extent not prohibited by applicable law,if any Payment or other amount payable under any Schedule is not received within ten(10)days of its due date,you will pay to us,in addition to that Payment,a one-time late charge of 5%of the overdue Payment(but in no event greater than the maximum amount allowed by applicable law).To the extent not prohibited by applicable law,you agree to pay$25.00 for each check returned for insufficient funds or for any other reason. (b) In the event that Customer terminates the Maintenance Agreement(as hereunder defined) between Customer and the Servicer relating to the Product provided hereunder due to a material breach by Servicer of its service obligations,including any Product service levels specified therein,which remained uncured for thirty(30) days following written notice of breach(in the manner expressly permitted by and in accordance with such Maintenance Agreement),Ricoh shall use reasonable efforts to assist Customer in selecting a replacement Servicer. This Section 3(b)shall not alter,restrict,diminish or waive the rights,remedies or benefits that Customer may have against Servicer under the Maintenance Agreement. (c) A Schedule may be terminated in whole or in part by the Customer in accordance with this Section 3(c)whenever the Customer shall determine that such a termination is in the best interest of the Customer:Any such termination shall be effected by delivery to Ricoh,at least thirty(30)working days prior to the effective date of such tennination date,of a notice of termination specifying the extent to which performance shall be terminated. In the event of such termination,Customer agrees to return the Product to us in the manner required under Section 14 of this Lease Agreement and to pay to us (as compensation for loss of our bargain and not as a penalty), with respect to such terminated Product,financed Software and any Software Licenses,an amount which shall be equal to the monthly Payment for such Product, financed Software and/or Software License,as applicable,times the number of months remaining in the tenn of such Schedule(or any renewal of such Schedule) and/or any financing agreement with respect to the financed Software and/or Software License, plus any other amounts then due and payable under this Lease Agreement,Schedule and/or financing agreement with respect to such Product,Software and/or Software License,including,but not limited to,any lease payments and maintenance payments. Ricoh shall supply the Customer with the actual number of Payments remaining and the total amount due,and the Customer shall be relieved of all unpaid amounts for anticipated profit on unperformed services under any Maintenance Agreement(including any amount included in the monthly Payment that is attributable to maintenance,supplies,or any other service cost). MSTLSE USC-MA 04.15 Ricoh®and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 1 of 4 ■III ----- ~�� III You also agree that,except(a)as set forth in Section 18 below entitled"State and Local Government Provisions"and(b)for the best interest of the Customer as set forth in Section 3(c), THIS IS AN UNCONDITIONAL,NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ON ANY SCHEDULE TO THIS LEASE AGREEMENT.All Payments to us are"net"and unconditional and are not subject to set off,defense,counterclaim or reduction for any reason. You agree that you will remit payments to us in the form of company checks(or personal checks in the case of sole proprietorships),direct debit or wires only. You also agree that cash and cash equivalents are not acceptable forms of payment for this Lease Agreement or any Schedule and that you will not remit such forms of payment to us. Payment in any other form may delay processing or be returned to you. Furthermore,only you or your authorized agent as approved by us will remit payments to us. 4. Product Location; Use and Repair. You will keep and use the Product only at the Product Location shown in the applicable Schedule. You will not move the Product from the location specified in the applicable Schedule or make any alterations,additions or replacements to the Product without our prior written consent,which consent will not be unreasonably withheld.At your own cost and expense,you will keep the Product eligible for any Manufacturer's certification as to maintenance and in compliance with applicable laws and in good condition,except for ordinary wear and tear.You shall engage Ricoh,its subsidiaries or affiliates,or an independent third party (the"Servicer")to provide maintenance and support services pursuant to a separate agreement for such purpose("Maintenance Agreement").You may make alterations, additions or replacements (collectively,"Additions") and add Software to the Product provided that such Additions and Software do not impair the value or originally intended function or purpose of the Product and is not subject to any lien or security interest in favor of any other party;provided,further,that you remove such Additions and Software at your own cost and expense at the expiration or termination of the applicable Schedule.All Additions and Software which are not removed at the expiration or termination of the applicable Schedule will become part of the Product and our property at no cost or expense to us. We may inspect the Product upon proper notice to the customer at any reasonable time during normal working hours. 5. Taxes and Fees.To the extent not prohibited by applicable law and unless and to the extent you are exempt and provide a valid exemption certificate to us,in addition to the payments under this Lease Agreement,you agree to pay all taxes(other than property taxes),assessments,fees and charges governmentally imposed upon our purchase, ownership,possession,leasing,renting,operation,control or use of the Product. If we are required to pay upfront sales or use tax and you opt to pay such tax over the term of the lease and not as a lump sum at lease inception,then you agree to pay us a"Sales Tax Administrative Fee"equal to 3.5%of the total tax due per year,to be included as part of the Payment. A valid sales and use tax exemption certificate must be provided to us within ninety(90)days of the first invoice to receive a credit/waiver of sales tax. 6. Warranties.We transfer to you,without recourse,for the tenn of each Schedule, any written warranties made by the Manufacturer or Software Supplier(as defined in Section 10 of this Lease Agreement)with respect to the Product leased or rented pursuant to such Schedule.YOU ACKNOWLEDGE THAT YOU HAVE SELECTED THE PRODUCT BASED ON YOUR OWN JUDGMENT AND YOU HEREBY AFFIRMATIVELY DISCLAIM RELIANCE ON ANY ORAL REPRESENTATION CONCERNING THE PRODUCT MADE TO YOU.However,if you enter into a Maintenance Agreement with Servicer with respect to any Product,no provision,clause or paragraph of this Lease Agreement shall alter,restrict, diminish or waive the rights,remedies or benefits that you may have against Servicer under such Maintenance Agreement.WE MAKE NO WARRANTY,EXPRESS OR IMPLIED,AS TO ANY MATTER WHATSOEVER,INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.The only warranties,express or implied,made to you are the warranties(if any)made by the Manufacturer and/or Servicer to you in any documents,other than this Lease Agreement,executed by and between the Manufacturer and/or Servicer and you. YOU AGREE THAT,NOTWITHSTANDING ANYTHING TO THE CONTRARY,WE ARE NOT RESPONSIBLE FOR,AND YOU WILL NOT MAKE ANY CLAIM AGAINST US FOR,ANY CONSEQUENTIAL,SPECIAL,OR INDIRECT DAMAGES. 7. Loss or Damage.You are responsible for any theft of;destruction of,or damage to the Product(collectively,"Loss")from any cause at all,whether or not insured,from the time of Product acceptance by you until it is delivered to us at the end of the term of the Schedule.You are required to make all Payments even if there is a Loss.You must notify us in writing immediately of any Loss.Then,you shall be responsible to either(a)repair the Product so that it is in good condition and working order,eligible for any Manufacturer's certification,(b)pay us the amounts specified in Section 12 below,or(c)replace the Product with equipment of like age and capacity. 8. Liability and Insurance.You agree to maintain insurance,through self-insurance or otherwise,to cover the Product for all types of loss,including,without limitation,theft, in an amount not less than the full replacement value and you will name us as an additional insured and loss payee on your insurance policy. In addition,you agree to maintain comprehensive public liability insurance,which, upon our request,shall be in an amount acceptable to us and shall name us as an additional insured. Such insurance will provide that we will be given thirty(30)days advance notice of any cancellation.Upon our request,you agree to provide us with evidence of such insurance in a form reasonably satisfactory to us.If you fail to maintain such insurance or to provide us with evidence of such insurance,we may(but are not obligated to)obtain insurance in such amounts and against such risks as we deem necessary to protect our interest in the Product. Such insurance obtained by us will not insure you against any claim,liability or loss related to your interest in the Product and may be cancelled by us at any time. You agree to pay us an additional amount each month to reimburse us for the insurance premium and an administrative fee,on which we or our affiliates may earn a profit. In the event of loss or damage to the Product,you agree to remain responsible for the Payment obligations under this Lease Agreement until the Payment obligations are fully satisfied. 9. Title:Recording.We are the owner of and will hold title to the Product(except for any Software).You will keep the Product free of all liens and encumbrances.Except as reflected on any Schedule,you agree that this Lease Agreement is a true lease.However,if any Schedule is deemed to be intended for security,you hereby grant to us a purchase money security interest in the Product covered by the applicable Schedule(including any replacements,substitutions, additions, attachments and proceeds)as security for the payment of the amounts under each Schedule.You authorize us to file a copy of this Lease Agreement and/or any Schedule as a financing statement,and you agree to promptly execute and deliver to us any financing statements covering the Product that we may reasonably require;provided,however,that you hereby authorize us to file any such financing statement without your authentication to the extent permitted by applicable law. 10. Software or Intangibles.To the extent that the Product includes Software,you understand and agree that we have no right,title or interest in the Software,and you will comply throughout the term of this Lease Agreement with any license and/or other agreement("Software License")entered into with the supplier of the Software("Software Supplier").You are responsible for entering into any Software License with the Software Supplier no later than the Effective Date;provided,however,if you do not enter into the Software License,then we may choose not to lease such Software to you under this Lease Agreement. 11. Default.Each of the following is a"Default"under this Lease Agreement and all Schedules:(a)you fail to pay any Payment or any other amount within thirty(30)days of its due date,(b)any representation or warranty made by you in this Lease Agreement is false or incorrect and/or you do not perform any of your other obligations under this Lease Agreement or any Schedule and/or under any other agreement with us or with any of our affiliates and this failure continues for thirty(30)days after we have notified you of it,(c) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law or a trustee,receiver or liquidator is appointed for you, any guarantor or any substantial part of your assets,(d)you or any guarantor makes an assignment for the benefit of creditors,(e)any guarantor dies,stops doing business as a going concern or transfers all or substantially all of such guarantor's assets,or(f)you stop doing business as a going concern or transfer all or substantially all of your assets. 12. Remedies.If a Default occurs,we may do one or more of the following:(a)we may cancel or terminate this Lease Agreement and/or any or all Schedules;(b)we may require you to immediately pay to us,as compensation for loss of our bargain and not as a penalty,a sum equal to:(i)all past due Payments and all other amounts then due and payable under this Lease Agreement or any Schedule;and(ii)the present value of all unpaid Payments for the remainder of the term of each Schedule plus the present value of our anticipated value of the Product at the end of the initial term of any Schedule(or any renewal of such Schedule),each discounted at a rate equal to 3%per year to the date of default,and we may charge you interest on all amounts due us from the date of default until paid at the rate of 1.5%per month,but in no event more than the maximum rate permitted by applicable law.We agree to apply the net proceeds(as specified below in this Section)of any disposition of the Product to the amounts that you owe us;(c)we may require you to deliver the Product to us as set forth in Section 14;(d)to the extent not prohibited by applicable law,we or our representative may peacefully repossess the Product without a court order(it being agreed that we will provide you with written notice of Default prior to initiating recovery of the Product and will endeavor to contact you telephonically to schedule a convenient time to recover the Product);(e)we may exercise any and all other rights or remedies available to a lender,secured party or lessor under the Uniform Commercial Code("UCC"),including,without limitation,those set forth in Article 2A of the UCC,and at law or in equity; MSTLSE USC-MA 04.15 Ricoh'and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 2 of 4 (f)we may immediately terminate your right to use the Software including the disabling(on-site or by remote communication)of any Software;(g)we may demand the immediate return and obtain possession of the Software and re-license the Software at a public or private sale;(h)we may cause the Software Supplier to terminate the Software License,support and other services under the Software License,and/or(i)at our option,we may sell,re-lease,or otherwise dispose of the Product under such terms and conditions as may be acceptable to us in our discretion.If we take possession of the Product(or any Software,if applicable),we may sell or otherwise dispose of it with or without notice,at a public or private disposition,and to apply the net proceeds(after we have deducted all costs,including reasonable attorneys'fees)to the amounts that you owe us.You agree that,if notice of sale is required by law to be given,ten(10)days notice shall constitute reasonable notice.If applicable,you will remain responsible for any deficiency that is due after we have applied any such net proceeds.To the extent permitted by applicable law,in the event an action is brought to enforce or interpret this Lease Agreement,the prevailing party shall be entitled to reimbursement of all costs including,but not limited to,reasonable attorney fees and court costs incurred. 13. Ownership of Product; Assignment. YOU HAVE NO RIGHT TO SELL, TRANSFER, ENCUMBER, SUBLET OR ASSIGN THE PRODUCT OR THIS LEASE AGREEMENT OR ANY SCHEDULE WITHOUT OUR PRIOR WRITTEN CONSENT(which consent shall not be unreasonably withheld).You agree that we may sell or assign all or a portion of our interests,but not our obligations,in the Product and/or this Lease Agreement or any Schedule without notice to you even if less than all the Payments have been assigned. In the event the remit to address for Payments is changed during the term of this Lease Agreement or any Schedule,then Ricoh or the Assignee will provide notice to you. In that event,the assignee(the"Assignee")will have such rights as we assign to them but none of our obligations(we will keep those obligations)and the rights of the Assignee will not be subject to any claims,defenses or set offs that you may have against us. No assignment to an Assignee will release Ricoh from any obligations Ricoh may have to you hereunder. The Maintenance Agreement you have entered into with a Servicer will remain in full force and effect with Servicer and will not be affected by any such assignment. You acknowledge that the Assignee did not manufacture or design the Product and that you have selected the Manufacturer,Servicer and the Product based on your own judgment. 14. Renewal;Return of Product. UNLESS EITHER PARTY NOTIFIES THE OTHER IN WRITING AT LEAST THIRTY(30)DAYS,BUT NOT MORE THAN ONE HUNDRED TWENTY(120)DAYS,PRIOR TO THE EXPIRATION OF THE MINIMUM TERM OR EXTENSION OF SUCH SCHEDULE,AFTER THE MINIMUM TERM OR ANY EXTENSION OF ANY SCHEDULE TO THIS LEASE AGREEMENT,SUCH SCHEDULE WILL AUTOMATICALLY RENEW ON A MONTH-TO- MONTH BASIS;PROVIDED,HOWEVER,THAT AT ANY TIME DURING ANY MONTH-TO-MONTH RENEWAL,WE HAVE THE RIGHT,UPON THIRTY(30) DAYS NOTICE,TO DEMAND THAT THE PRODUCT BE RETURNED TO US IN ACCORDANCE WITH THE TERMS OF THIS SECTION 14.Notwithstanding the foregoing,nothing herein is intended to provide,nor shall be interpreted as providing,(a)you with a legally enforceable option to extend or renew the terms of this Lease Agreement or any Schedule,or(b)us with a legally enforceable option to compel any such extension or renewal.At the end of or upon termination of each Schedule,you shall immediately make arrangements to have the Product subject to such expired Schedule picked up by us(or our designee),in as good condition as when you received it, except for ordinary wear and tear.Ricoh(or our designee)shall bear shipping charges.You must pay additional monthly Payments at the same rate as then in effect under a Schedule,until(i)you provide notice to us prior to the expiration of the minimum term or extension of any Schedule and(ii)the Product is picked up by us or our designees and is received in good condition and working order by us or our designees. Notwithstanding anything to the contrary set forth in this Lease Agreement,the parties acknowledge and agree that we shall have no obligation to remove,delete,preserve,maintain or otherwise safeguard any information,images or content retained by or resident in any Products leased by you hereunder,whether through a digital storage device,hard drive or other electronic medium("Data Management Services"). If desired,you may engage Ricoh to perform Data Management Services at then-prevailing contracted rates pursuant to your Maintenance Agreement or other agreement with Ricoh. You acknowledge that you are responsible for ensuring your own compliance with legal requirements in connection with data retention and protection and that we do not provide legal advice or represent that the Products will guarantee compliance with such requirements. The selection,use and design of any Data Management Services, and any decisions arising with respect to the deletion or storage of data, as well as the loss of any data resulting therefrom,shall be your sole and exclusive responsibility 15. Miscellaneous.It is the intent of the parties that this Lease Agreement and any Schedule shall be deemed and constitute a"finance lease"as defined under and governed by Article 2A of the UCC.ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY,EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE.YOU AGREE THAT THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT, THIS LEASE AGREEMENT, AND IN EACH SCHEDULE MAKE UP THE ENTIRE AGREEMENT BETWEEN US REGARDING THE LEASING OR RENTAL OF THE PRODUCT AND SUPERSEDE ALL PRIOR WRITTEN OR ORAL COMMUNICATIONS,UNDERSTANDINGS OR AGREEMENTS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, PURCHASE ORDERS.Any purchase order,or other ordering documents,will not modify or affect this Lease Agreement or any Schedule and shall serve only the purpose of identifying the equipment ordered. You authorize us to supply any missing"configure to order"number("CTO"),other equipment identification numbers(including, without limitation,serial numbers),agreement/schedule identification numbers and/or dates in this Lease Agreement or any Schedule.You acknowledge that you have not been induced to enter into this Lease Agreement by any representation or warranty not expressly set forth in this Lease Agreement.Neither this Lease Agreement nor any Schedule is binding on us until we sign it.ANY CHANGE IN ANY OF THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT OR ANY SCHEDULE MUST BE IN WRITING AND SIGNED BY BOTH PARTIES. If we delay or fail to enforce any of its rights under this Lease Agreement with respect to any or all Schedules,we will still be able to enforce those rights at a later time.All notices shall be given in writing and sent either(a)by certified mail,return receipt requested,or recognized overnight delivery service,postage prepaid,addressed to the party receiving the notice at the address shown on the front of this Lease Agreement,or(b)by facsimile transmission,with oral confirmation,to the facsimile number shown below such party's signature on this Lease Agreement.Either party may change its address or facsimile number by giving written notice of such change to the other party.Notices shall be effective on the date received.Each of our respective rights and indemnities will survive the termination of this Lease Agreement and each Schedule.If more than one customer has signed this Lease Agreement or any Schedule,each customer agrees that its liability is joint and several.It is the express intent of the parties not to violate any applicable usury laws or to exceed the maximum amount of time price differential or interest,as applicable,permitted to be charged or collected by applicable law,and any such excess payment will be applied to payments in the order of maturity,and any remaining excess will be refunded to you. We make no representation or warranty of any kind,express or implied,with respect to the legal,tax or accounting treatment of this Lease Agreement and any Schedule and you acknowledge that we are an independent contractor and not your fiduciary. You will obtain your own legal,tax and accounting advice related to this Lease Agreement or any Schedule and make your own determination of the proper accounting treatment of this Lease Agreement or any Schedule. We may receive compensation from the Manufacturer or supplier of the Product in order to enable us to reduce the cost of leasing or renting the Product to you under this Lease Agreement or any Schedule below what we otherwise would charge. If we received such compensation,the reduction in the cost of leasing or renting the Product is reflected in the Minimum Payment specified in the applicable Schedule. To the fullest extent permitted by applicable law,you authorize us or our agent to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information,including payment history,to our assignee and third parties having an economic interest in this Lease Agreement,any Schedule or the Product. 16. Governing Law;Jurisdiction;Waiver of Trial By Jury and Certain Rights and Remedies Under The Uniform Commercial Code. YOU AGREE THAT THIS LEASE AGREEMENT AND ANY SCHEDULE WILL BE GOVERNED UNDER THE LAW FOR THE STATE WHERE YOUR PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED. YOU ALSO CONSENT TO THE VENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN THE STATE WHERE YOUR PRINCIPAL PLACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS LEASE AGREEMENT. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,THE PARTIES TO THIS LEASE AGREEMENT EACH WAIVE THE RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT.TO THE EXTENT PERMITTED BY APPLICABLE LAW,YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A CUSTOMER OR LESSEE BY SECTIONS 508-522 OF ARTICLE 2A OF THE UCC THAT YOU MAY HAVE AGAINST US(BUT NOT AGAINST THE MANUFACTURER OF THE PRODUCT).TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN,VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO • MSTLSE USC-MA 04.15 Ricoh®and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 3 of 4 VIII ��I Ill OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT,WE WILL ASK FOR YOUR NAME,ADDRESS AND OTHER • INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ASK TO SEE IDENTIFYING DOCUMENTS. 17. Counterparts;Facsimiles. Each Schedule may be executed in counterparts. The counterpart which has our original signature and/or is in our possession or control shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes,including,without limitation,(a)any hearing,trial or proceeding with respect to such Schedule,and(b)any determination as to which version of such Schedule constitutes the single true original item of chattel paper under the UCC.If you sign and transmit a Schedule to us by facsimile or other electronic transmission,the facsimile or such electronic transmission of such Schedule,upon execution by us(manually or electronically,as applicable),shall be binding upon the parties.You agree that the facsimile or other electronic transmission of a Schedule containing your facsimile or other electronically transmitted signature, which is manually or electronically signed by us, shall constitute the original agreement for all purposes, including,without limitation,those outlined above in this Section. You agree to deliver to us upon our request the counterpart of such Schedule containing your original manual signature. 18 State and Local Government Provisions. If the Customer is a State or political subdivision of a State,as those terms are defined in Section 103 of the Internal Revenue Code, the following additional terms and conditions shall apply: (a) Essentiality.During the term of this Lease Agreement and any Schedule,the Product will be used solely for the purpose of performing one or more governmental or proprietary functions consistent with the permissible scope of your authority. You represent and warrant that the use of the Product is essential to performing such governmental or proprietary functions. (b) Non-Appropriation/Non-Substitution.(i)If your governing body fails to appropriate sufficient monies in any fiscal period for rentals and other payments coming due under a Schedule to this Lease Agreement in the next succeeding fiscal period for any equipment which will perform services and functions which in whole or in part are essentially the same services and functions performed by the Product covered by any such Schedule,then a"Non-Appropriation"shall be deemed to have occurred. (ii)If a Non-Appropriation occurs,then:(A)you must give us immediate notice of such Non-Appropriation and provide written notice of such failure by your governing body at least sixty(60)days prior to the end of the then current fiscal year or if Non-Appropriation has not occurred by such date,immediately upon Non-Appropriation, (B)no later than the last day of the fiscal year for which appropriations were made for the rental due under any Schedule to this Lease Agreement(the"Return Date"), you shall make available to us(or our designee)all,but not less than all,of the Product covered by such Schedule to this Lease Agreement,at your sole expense,in accordance with the terms hereof;and(C)any Schedule to this Lease Agreement shall tenninate on the Return Date without penalty or expense to you and you shall not be obligated to pay the rentals beyond such fiscal year,provided that(x)you shall pay any and all rentals and other payments due up through the end of the last day of the fiscal year for which appropriations were made and(y)you shall pay month-to-month rent at the rate set forth in any such Schedule for each month or part thereof that you fail to make available to us(or our designee)the Product as required herein.(iii)Upon any such Non-Appropriation,upon our request,you will provide an opinion of independent counsel or other legally designated authority(who shall be reasonably acceptable to us),in form reasonably acceptable to us,confirming the Non-Appropriation and providing reasonably sufficient proof of such Non-Appropriation. (c) Funding Intent.You represent and warrant to us that you presently intend to continue this Lease Agreement and any Schedule hereto for the entire term of such Schedule and to pay all rentals relating to such Schedule and to do all things lawfully within your power to obtain and maintain funds from which the rentals and all other payments owing under such Schedule may be made.The parties acknowledge that appropriation for rentals is a governmental function to which you cannot contractually commit yourself in advance and this Lease Agreement shall not constitute such a commitment. To the extent permitted by law,the person or entity in charge of preparing your budget will include in the budget request for each fiscal year during the term of each Schedule,respectively,to this Lease Agreement an amount equal to the rentals(to be used for such rentals)to become due in such fiscal year,and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due during such fiscal year. (d) Authority and Authorization.(i)You represent and warrant to us that:(A)you area State or political subdivision of a State,as those terms are defined in Section 103 of the Internal Revenue Code; (B)you have the power and authority to enter into this Lease Agreement and all Schedules to this Lease Agreement; (C)this Lease Agreement and all Schedules to this Lease Agreement have been duly authorized,executed and delivered by you and constitute valid,legal and binding agreement(s) enforceable against you in accordance with their terms;and(D)no further approval,consent or withholding of objections is required from any governmental authority with respect to this Lease Agreement or any Schedule to this Lease Agreement(ii)If and to the extent required by us,you agree to provide us with an opinion of independent counsel or other legally designated authority(who shall be reasonably acceptable to us)confirming the foregoing and other related matters,in form and substance acceptable to us. (iii) You agree to take all required actions and to file all necessary forms, including IRS Forms 8038-G or 8038-GC, as applicable, to preserve the tax exempt status of this Lease Agreement and all Schedules thereto. (iv)You agree to provide us with any other documents that we may reasonably request in connection with the foregoing and this Lease Agreement. (e) Assignment. You agree to acknowledge any assignment to the Assignee in writing,if so requested,and,if applicable,to keep a complete and accurate record of all such assignments in a manner that complies with Section 149(a)of the Internal Revenue Code and the regulations promulgated thereunder. IN WITNESS WHEREOF,the parties have executed this Lease Agreement as of the dates set forth below. THE PERSON SIGNING THIS LEASE AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER Accepted by: RICOH USA,INC. By: X /� By: X Authorized Si Signature Authorized Signer Signature Printed Name: ,le", G,CI i^5 /7 Printed Name: Title: c�yp�' Date: //,/— Title: Date: Facsimile Number:`/ 451' .7?.40`G?i 7 Facsimile Number: MSTLSE USC-MA 04.15 Ricoh°and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 4 of 4 tII '! -t:11 III IICQH ORDER AGREEMENT Sales Type:LEASE RFP or Bid Contract Date:2/11/2013 12:00:00 AM • EQUIPMENT BILL TO INFORMATION Customer Legal Name: FARMINGTON,CITY OF Address Line 1:430 3RD ST Contact:Rob Boerboom Address Line 2: Phone:(651)280-6919 City:FARMINGTON E-mail:rboerboom@ci.farmington.mn.us ST/Zip:MN/55024-1355 County:DAKOTA Fax: Check all that apply: ❑PO Included PO# 0 PS Service(Subject to and governed by additional Terms and Conditions) D Sales Tax Exempt(Attach Valid Exemption Certificate)0 IT Service(Subject to and governed by additional Terms and Conditions) ©Syndication ©Fixed rate Service • ❑Add to Existing Service Contract# This is an Order made pursuant to the terms and conditions of the above referenced Master Agreement(s)between Customer and Ricoh USA, Inc. The signature below indicates that the customer accepts all terms and conditions of the applicable Master Agreement(s)for this sale,all of which are incorporated herein by reference and made part of this Order.This Order is not valid unless and until signed by and Authorized Signatory of Ricoh USA,Inc. SERVICE INFORMATION SERVICE BILL TO INFORMATION Customer Legal Name:FARMINGTON,CITY OF Address Line 1:430 3RD ST Contact:Rob Boerboom Address Line 2: Phone:(651)280-6919 City:FARMINGTON E-mail:rboerboom@ci.farmington.mn.us ST/Zip:MN/55024-1355 County:DAKOTA Fax: Service Term(Months) Base Billing Frequency Overage Billing Frequency Service Type 60 Months MONTHLY MONTHLY GOLD • Guaranteed Group Total Allowance Group Overages Service Base MONTHLY MONTHLY B/W 0 B/W .0077 $0.00 Color 0 Color .05 SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF FARMINGTON 430 3RD ST FARMINGTON Rob Boerboom (651)280-6919 MN/55024-1355 rboerboom@ci.farmington.mn. DAKOTA us PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance B/W Ovg Allowance Color Service Base Level Ovg MONTHLY MONTHLY MONTHLY Page 1 of 3 25469792 10/29/2018 Version#1.1 1111 Ill III RICOH MPC3004EX 1 GOLD 0 0.0077 0 0.0500 $0.00 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax - CITY OF FARMINGTON 19695 MUNICIPAL DR FARMINGTON Rob Boerboom (651)280-6919 MN/55024-8445 rboerboom@ci.farmington.mn. DAKOTA us PRODUCT INFORMATION Total BIW Total Color Product Description QTY Service Allowance B/W Ovg Allowance Color Service Base Level Ovg MONTHLY MONTHLY MONTHLY RICOH MPC3004EX 1 GOLD 0 0.0077 0 0.0500 $0.00 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF FARMINGTON 19650 MUNICIPAL DR FARMINGTON Rob Boerboom (651)280-6919 MAINTENANCE FACILITY MN/55024-8445 rboerboom@ci.farmington.mn. DAKOTA us PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance B/W Ovg Allowance Color Service Base Level Ovg MONTHLY MONTHLY MONTHLY RICOH MPC4504EX 1 GOLD 0 0.0077 0 0.0500 $0.00 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF FARMINGTON 325 OAK ST FARMINGTON Rob Boerboom (651)280-6919 RAMBLING RIVER CENTER MN/55024-1374 rboerboom@ci.farmington.mn. DAKOTA us PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance BIW Ovg Allowance Color Service Base Level Ovg MONTHLY MONTHLY MONTHLY _ RICOH MPC4504EX 1 GOLD 0 0.0077 0 0.0500 $0.00 CONFIGURABLE PTO MODEL SHIP TO INFORMATION Customer Name Address Line 1 City Contact Phone Address Line 2 ST/Zip E-mail County Fax CITY OF FARMINGTON 21625 DENMARK AVE FARMINGTON Rob Boerboom (651)280-6919 MN/55024-9468 rboerboom@ci.farmington.mn. DAKOTA us PRODUCT INFORMATION Total B/W Total Color Product Description QTY Service Allowance B/W Ovg Allowance Color Service Base Level Ovg MONTHLY MONTHLY _ MONTHLY RICOH MPC3004EX 1 GOLD 0 0.0077 0 0.0500 $0.00 CONFIGURABLE PTO MODEL BASIC CONNECTIVITY/PS/IT SERVICES INFORMATION Page 2 of 3 25469792 10/29/2018 Version#1.1 Ii" _ } ®III I BASIC CONNECTIVITY/PS/IT Services Description Quantity TS NETWORK&SCAN-SEG BC4 1 RETURN CHARGE-SEGMENT 2 OR GREATER DEVICES 1 RETURN CHARGE-SEGMENT 2 OR GREATER DEVICES RETURN CHARGE-SEGMENT 2 OR GREATER DEVICES 1 TS NETWORK&SCAN CONNECT-SEG BC2 1 TS NETWORK&SCAN-SEG BC4 1 RETURN CHARGE-SEGMENT 2 OR GREATER DEVICES 1 TS NETWORK&SCAN CONNECT-SEG BC2 1 TS NETWORK&SCAN CONNECT-SEG BC2 1 RETURN CHARGE-SEGMENT 2 OR GREATER DEVICES '1 TRAINING HOURS 2 ORDER TOTALS Service Type Offerings: Product Total: Gold:Includes all supplies and staples.Excludes paper. BASIC CONNECTIVITY/PS /IT Services: Silver:Includes all supplies.Excludes paper and staples. BuyOut After Promotions: Bronze: Parts and labor only.Excludes paper,staples and supplies. Grand Total: Additional Provisions:Insert ANY additional provisions here (Excludes Tax) Per US Communities Contract 4400003732 Accepted by Customer Accepted: Ricoh USA, Inc. Authorized S Authorized Signature: Printed Name: . rc5or7 Printed Name: Title: , Mcue,r Title: Date /j//q Date Initials Page 3 of 3 25469792 10/29/2018 Version#1.1 viii t :: r, 11111 HUSA,Stream Ricoh Inc. 70 Valley SParkway Malvern,PA 19355 U.S. Communities Product Schedule Product Schedule Number: Master Lease Agreement Number: This U.S. Communities Product Schedule (this "Schedule") is between Ricoh USA, Inc. ("we" or"us") and FARMINGTON, CITY OF, as customer or lessee ("Customer"or"you"). This Schedule constitutes a"Schedule,""Product Schedule,"or"Order Agreement,"as applicable,under the U.S.Communities Master Lease Agreement (together with any amendments, attachments and addenda thereto, the "Lease Agreement") identified above, between you and . All terms and conditions of the Lease Agreement are incorporated into this Schedule and made a part hereof. If we are not the lessor under the Lease Agreement,then,solely for purposes of this Schedule, we shall be deemed to be the lessor under the Lease Agreement. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement,independent of all other Schedules to the Lease Agreement. CUSTOMER INFORMATION FARMINGTON,CITY OF Rob Boerboom Customer(Bill To) Billing Contact Name 430 3RD ST 430 3RD ST Product Location Address Billing Address(f differentfrom location address) FARMINGTON DAKOTA MN 55024-1355 FARMINGTON DAKOTA MN 55024-1355 City County State Zip City County State Zip Billing Contact Telephone Number Billing Contact Facsimile Number Billing Contact E-Mail Address (651)280-6919 rboerboom@ci.fannington.mn.us PRODUCT/EQUIPMENT DESCRIPTION("Product") _ Qty Product Description:Make&Model Street Address/City/State/Zip 1 RICOH MPC3004EX CONFIGURABLE PTO MODEL 430 3RD ST,FARMINGTON,MN,55024-1355,US 1 RICOH MPC3004EX CONFIGURABLE PTO MODEL 19695 MUNICIPAL DR,FARMINGTON,MN,55024-8445,US 1 RICOH MPC4504EX CONFIGURABLE PTO MODEL 19650 MUNICIPAL DR.,FARMINGTON,MN,55024-8445,US 1 RICOH MPC4504EX CONFIGURABLE PTO MODEL 325 OAK ST,FARMINGTON,MN,55024-1374,US 1 RICOH MPC3004EX CONFIGURABLE PTO MODEL 21625 DENMARK AVE,FARMINGTON,MN,55024-9468,US PAYMENT SCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment (months) (Without Tax) Di Monthly ❑1"Payment 60 $865.08 D Quarterly ❑15`&Last Payment 0 Other: ElOther. Sales Tax Exempt:D YES(Attach Exemption Certificate) Customer Billing Reference Number(P.O.#,etc.) Addendum(s)attached:0 YES(check if yes and indicate total number of pages:) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date.If the Lease Agreement uses the terms"Lease Payment'and"Commencement Date"rather than"Payment" and"Effective Date,"then,for purposes of this Schedule,the term"Payment"shall have the same meaning as"Lease Payment,"and the term"Effective Date" shall have the same meaning as"Commencement Date." 2. You, the undersigned Customer, have applied to us to rent the above-described Product for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL,NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE,except as otherwise expressly provided in any provision of the Lease Agreement.If we accept this Schedule,you agree to rent the above Product from us,and we agree to rent such Product to you,on all the terms hereof, including the terms and conditions of the Lease Agreement THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE LEASE AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE LEASE AGREEMENT. L,SEADD USC-PS 03.13 Ricoh@ and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 1 of 2 25469792 10/29/2018 5:50 PM • �II aIll !I 3. Additional Provisions(if any)are:Per US Communities Contract 4400003732 THE PERSON SIGNING THIS SCHEDULE ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO. CUSTOMER Accepted by: RICOH USA,INC. By: _ r By: Authorized Signer Signature Authorized Signer Signature Printed Name: &We r5;6/7 Printed Name: Title: t1 4'�Lr!' Date: ///4/A3.- Title: Date: LSEADD USC-PS 03.13 Ricoh®and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 2 of 2 25469792 10/29/2018 5:50 PM 1111 - � Ii 111 RICOH EQUIPMENT REMOVAL/BUYOUT AUTHORIZATION Customer Name: FARMINGTON,CITY OF Contact Name: Rob Boerboom Phone: (651)280-6919 Address: 19695 MUNICIPAL DR City: FARMINGTON State: MN Zip: 55024-8445 Fax/Email: rboerboom@ci.farmington.mn.us Make Model Serial Number MPC3003 E153M960414/C84047266 Customer Name: FARMINGTON,CITY OF Contact Name: Rob Boerboom Phone: (651)280-6919 Address: 21625 DENMARK AVE City: FARMINGTON State: MN Zip: 55024-9468 Fax/Email: rboerboom@ci.farmington.mn.us • Make Model Serial Number MPC3003 E153MA60026/C84047265 Customer Name: FARMINGTON,CITY OF Contact Name: Rob Boerboom Phone: (651)280-6919 Address: 325 OAK ST City: FARMINGTON State: MN Zip: 55024-1374 Fax/Email: rboerboom@ci.farmington.mn.us Make Model Serial Number MPC4503 E173M910992/C84047402 Customer Name: FARMINGTON,CITY OF Contact Name: Rob Boerboom Phone: (651)280-6919 Address: 430 3RD ST City: FARMINGTON State: MN Zip: 55024-1355 Fax/Email: rboerboom@ci.farmington.mn.us Make Model Serial Number MPC3003 E153M960351/C84047272 Customer Name: FARMINGTON,CITY OF Contact Name: Rob Boerboom Phone: (651)280-6919 Address: 19650 MUNICIPAL DR City: FARMINGTON State: MN Zip: 55024-8445 Fax/Email: rboerboom@ci.farmington.mn.us Make Model Serial Number MPC4503 E173M910945/C84047306 This Authorization applies to the equipment identified above and to the following Removal/Buy Out Option This Authorization will confirm that Customer desires to engage Ricoh USA,Inc.("Ricoh")to pick-up and remove certain items of equipment that are currently(i)owned by Customer or(ii)leased from Ricoh or other third party(as specified below),and that you intend to issue written or electronic removal requests(whether such equipment is identified in this Authorization,in a purchase order,in a letter or other written form)to Ricoh from time to time for such purpose. Such removal request will set forth the location,make,model and serial number of the equipment to be removed by Ricoh.By signing below,you confirm that,with respect to every removal request issued by Customer(1)Ricoh may rely on the request,(2)the request shall be governed by this Authorization,and(3)Ricoh may accept this Authorization by either its signature or by commencing performance(e.g.equipment removal,initiating Services,etc.).Each party agrees that electronic signatures of the parties on this Authorization will have the same force and effect as manual signature.Notwithstanding the foregoing,the parties acknowledge and agree that Ricoh shall have no obligation to remove,delete,preserve,maintain or otherwise safeguard any information,images or content retained by,in or on any item of equipment serviced by Ricoh,whether through a digital storage device,hard drive or similar electronic medium("Data Management Services"). If desired,Customer may engage Ricoh to perform such Data Management Services at its then-current rates. Notwithstanding anything in this Authorization to the contrary,(i)Customer is responsible for 91899v1 Page# 1 25469792 Equipment Removal/Buyout Authorization Rev. 09/2016 ■Ill = �_�I II I RICOH ensuring its own compliance with legal requirements pertaining to data retention and protection, (ii) it is the Customer's sole responsibility to obtain advice of competent legal counsel as to the identification and interpretation of any relevant laws and regulatory requirements that may affect the customer's business or data retention,and any actions required to comply with such laws,(iii)Ricoh does not provide legal advice or represent or warrant that its services or products will guarantee or ensure compliance with any law,regulation or requirement,and(iv)the selection,use and design of any Data Management Services,and any and all decisions arising with respect to the deletion or storage of any data,as well as any loss of data resulting therefrom,shall be the sole responsibility of Customer,and Customer shall indemnify and hold harmless Ricoh and its subsidiaries, directors, officers,employees and agents from and against any and all costs,expenses, liabilities,claims, damages,losses,judgments or fees(including reasonable attorneys'fees)(collectively,"Losses")arising therefrom or related thereto. CUSTOMER RICOH USA,INC. Signature: /111."*-- Signature: Name: . %ect Lca Name: Title: • ce)i'` Title: Date: f/7,/� Date: 91899v1 Page# 1 25469792 Equipment Removal/Buyout Authorization Rev. 09/2016 11111 MNRIII [MINNESOTA] I HUSA,Stream Ricoh Inc. R70 Valley SParkway Malvern,PA 19355 THIS ADDENDUM(this "Addendum"), dated as of 29th day of October, 2018, is to that certain US Communities Master Lease Agreement no. y'f ace('3).3 d (the "Agreement"), dated as of the //44 day of l-e. ru c:^ , 0/3 between Ricoh USA, Inc. ("we" or "us") and FARMINGTON, CITY OF, as customer ("Customer"or"you"). The parties,intending to be legally bound,agree that the Agreement shall be modified as follows: 1. Section 3 of the Agreement shall be amended by adding the following paragraphs at the end of such Section: "Notwithstanding anything to the contrary in this Lease Agreement, the minimum term for the Product described on each Schedule shall commence on the Effective Date and shall continue until the end of the fiscal period which includes the Effective Date(such period hereinafter referred to as the"Original Tenn"). The"Additional Term(s)" for each Schedule shall mean the successive one-year terms, each commencing at the end of the Original Term or preceding Additional Term and terminating at the end of the successive fiscal period thereafter, except for the final Additional Term which shall end with the final payment due under such Schedule. Unless a Schedule is terminated by you in accordance with Section 18(f), the term of such Schedule will continue until the earlier of(a)the expiration of the minimum term stated in such Schedule and either the return of the Product pursuant to Section 14 of this Lease Agreement or your exercise of any purchase option set forth in such Schedule (if any); (b) our termination of such Schedule pursuant to Section 12 of this Lease Agreement upon the occurrence of a Default(c)the occurrence of a total Loss event pursuant to Section 7 of this Lease Agreement or(d)the earlier expiration or termination of any Schedule as set forth in 3(c)of this Lease Agreement." 2. Section 12 of the Agreement shall be amended by adding the following sentence at the end of such Section: "Notwithstanding anything to the contrary contained in this Section, upon the occurrence of a Default,we may recover from you all Payments and other amounts to become due by acceleration or otherwise only to the extent permitted by applicable law and only from legally available funds." 3. Section 14 of the Agreement shall be amended by deleting the first sentence of such Section in its entirety. 4. Section 16 of the Agreement shall be amended and restated to read as follows: "16. Governing Law; Waiver of Certain Rights and Remedies Under The Uniform Commercial Code. YOU AGREE THAT THIS LEASE AGREEMENT AND ANY SCHEDULE WILL BE GOVERNED UNDER THE LAW FOR THE STATE OF MINNESOTA. TO THE EXTENT PERMIT 1'b,D BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A CUSTOMER OR LESSEE BY SECTIONS 508-522 OF ARTICLE 2A OF THE UCC THAT YOU MAY HAVE AGAINST US (BUT NOT AGAINST THE MANUFACTURER OF THE PRODUCT). TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ASK TO SEE IDENTIFYING DOCUMENTS." LSEADD USC-MN 08.15 Ricoh®and the Ricoh Logo are registered trademarks of Ricoh Company,Ltd. Page 1 of 2 [MINNESOTA] 5. Section 18(d) of the Agreement shall be amended by deleting the word"and"immediately following clause (C) of subsection(i)of such Section and adding the following clauses(E)and(F)at the end of such subsection: ";(E)no provision of this Lease Agreement nor any Schedule to this Lease Agreement constitutes a pledge of your taxes or general revenues, and any provision which is so construed by a court of competent jurisdiction is void from the inception of this Lease Agreement; and(F)all Payments due under this Lease Agreement and any Schedule for your current fiscal period are within the fiscal budget for such year, are included within an unrestricted and unencumbered appropriation currently available for the lease of the Product and are not in contravention of any applicable limitation of indebtedness and you presently intend to continue each Schedule for its entire term and to pay all Payments relating thereto." 6. The Agreement shall be amended by adding the following new Section 18(f)immediately after Section 18(e): "(f) Lease Termination; Limitation. Each Schedule shall be in effect for the Original Term and for each of the Additional Terms unless terminated by you as provided in this Section. The terms and conditions of a Schedule in effect for each Additional Term shall be the same as those in effect for the Original Term and Payments shall be due and payable as set forth in the applicable Schedule. Each Schedule shall be automatically renewed,unless not less than thirty(30)days before the end of the Original Term or any Additional Term then in effect,you give written notice to us of your intention to terminate such Schedule at the end of the current fiscal period."Lease Termination"is defined as a termination of a Schedule in accordance with this Section. In the event of a Lease Termination, you shall pay to us any accrued and unpaid Payments and other amounts then due under the applicable Schedule and the Schedule shall terminate,in whole,but not in part, as to the entire Product effective upon the last day of the Original Term or Additional Term then in effect. We shall then have the immediate right to possession of the Product and you shall comply immediately with the provisions of Section 14 of this Lease Agreement. The parties intend that the collection of any damages, the exercise of any remedy, the enforceability of any indemnity, and any requirements of the Customer relative to non- appropriation set forth in this Lease Agreement and/or any Schedule are subject to any limitations imposed by applicable law." 7. Except to the extent modified by this Addendum,the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as of the date first written above. CUSTOMER _ Ricoh USA, Inc. X ,,---- ----'.. ...";,-,-- ------///TA- Authorized Signature Date Authorized Signature Date 7.0.c/c/ha rsev-7 ,1 Q'6 i-- Print "Print Authorized Signer Name Title Print Authorized Signer Name Title LSEADD USC-MN 08.15 Ricoh®and the Ricoh Logo are registered trademarks of Ricoh Company,.Ltd. Page 2 of 2 IIIII � j-_ _ =111 Il i 04City of Farmington i O 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 ,,,rno+oi'l www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation Liquor Operations-Human Resources DATE: November 19, 2018 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resource Office, a contingent offer of employment has been made to David Weigman, subject to ratification by the city council. Mr. Weigman meets the qualifications for this position. BUDGET IMPACT Mr. Weigman's starting hourly rate will be $11.73 which is the first step in the salary range for this position (salary range: $11.73 - $13.74). Funding for this position is authorized in the 2018 budget. ACTION REQUESTED Approve the appointment of David Weigman as a part-time liquor clerk effective on or about November 20, 2018. � City of Farmington k000ffz 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve AFSCME Clerical, Technical, Professional Unit Settlement-Human Resources DATE: November 19, 2018 INTRODUCTION This memorandum has been prepared to update Council on the status of the city's labor settlements with the AFSCME Clerical, Technical, Professional unit. DISCUSSION The city has reached a collective bargaining agreement with the AFSCME Clerical, Technical, and Professional bargaining unit effective January 1, 2019 through December 31, 2021. A summary of the changes is attached. Once finalized, the entire collective bargaining agreement may be found on the city's website. BUDGET IMPACT Settlement costs negotiated with the AFSCME Clerical, Technical, and Professional bargaining unit are provided for in the 2019 city budget. When compared to the contract in place for 2018, the increased cost for 2019 is approximately$77,000.00 with$54,000.00 attributed to wages (including the city's cost for FICA, Medicare, and PERA) and $23,000.00 towards benefits. The estimated increase over the life of the contract for wage adjustments is $130,000.00. ACTION REQUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Clerical, Technical, and Professional Unit. ATTACHMENTS: Type Description D Backup Material Council Summary AFSCME CTP D Resolution AFSCME CTP Resolution vaR4 City of Farmington �, '= 430 Third Street '. g Farmington, Minnesota GGOp/��O 651.280.6800•Fax 651.280.6899 ��'A PROM�b`'! www.cilarmington.mn.us 2019 — 2021 TENTATIVE AGREEMENT The following outlines the tentative agreement reached through the negotiation process with the AFSCME Clerical, Technical, and Professional Unit. 1. Duration: Three year contract A three-year contract provides known costs which is beneficial in developing and implementing short and long term financial plans. 2. Insurance: Both parties agree to maintain the current contract language which states: "The Employer's contribution shall cover the cost of single basic life, dental and the 2500/5000 HDHP single coverage at 100%. For Employee plus Child(ren), Employee plus Spouse or Family coverage, the contribution shall be the contribution for the previous year increased or decreased by an amount equal to fifty percent(50%) of the increase or decrease to the HDHP 2500/5000 with HSA coverage option. The employee will pay any excess of the monthly amount contributed by the employer through payroll deduction." The city maintains the current language which is consistent through all collective bargaining agreements. This was important language to maintain given the uncertainties with regards to healthcare. Additionally, for 2019, the city did make an adjustment to the contribution amount for employee + children, employee + spouse and family coverage to make the cost of that coverage more affordable. This adjustment provides a contribution level up to 75% of the cost of basic life, dental and health premiums and includes a contribution to either an HRA or HSA. 3. Wages: • Annual Adjustments: 2019: 3.00% January 1, 2019 2020: 3.00% January 1, 2020 2021: 3.00% January 1, 2021 The city also adjusted the entire wage scale in this contract so that wages are at or slightly above the market at this point. RESOLUTION NO. R49-1 8 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME,COUNCIL 5,LOCAL UNIT 3815 CLERICAL,TECHNICAL,PROFESSIONAL BARGAINING UNIT FOR THE CONTRACT YEARS OF 2019,2020,AND 2021. 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 November, 2018 at 7:00 P.M. Members Present: Larson, Bernhj elm, Craig Members Absent: Bartholomay, Donnelly Member Craig and Member Bernhj elm introduced and seconded the following: WHEREAS, the city of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the clerical,technical, and professional classifications identified in the collective bargaining agreement; and WHEREAS, the city has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2019,2020 and 2021; and WHEREAS, the settlement terms have been successfully negotiated between the city and the membership of AFSCME, Council 5, Local Union 3815 Clerical, Technical, Professional bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) The adjustment to the wage schedule bringing wages to or slightly above market. 2) A cost of living adjustment of 3.0% effective January 1, 2019. 3) A cost of living adjustment of 3.0% effective January 1, 2020. 4) A cost of living adjustment of 3.0% effective January 1, 2021. 4) The employer's contribution shall cover the cost of single basic life, dental and the 2700/5400 HDHP single coverage at 100%. For 2019, for Employee plus Child(ren), Employee plus Spouse or Family coverage, the contribution shall cover up to 75% of the cost of basic life, dental and 2700/5400 health coverage. For subsequent years, the contribution shall be the contribution for the previous year increased or decreased by an amount equal to fifty percent (50%) of the increase or decrease to the HDHP 2500/5000 with HSA coverage option. The employee will pay any excess of the monthly amount contributed by the employer through payroll deduction." Adopted by the Farmington City Council this 19th day of November,2018. ayor Attested to the jetil day of November 2018. Administrator SEAL CARAI�� City of Farmington , 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 4PRO" www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve AFSCME Maintenance Unit Settlement-Human Resources DATE: November 19, 2018 INTRODUCTION This memorandum has been prepared to update the city council on the status of the city's labor settlements with the AFSCME Maintenance unit. DISCUSSION The city has reached a collective bargaining agreement with the AF S CME Maintenance bargaining unit effective January 1, 2019 through December 31, 2021. A summary of the changes is attached. Once finalized, the entire collective bargaining agreement may be found on the city's website. BUDGET IMPACT Settlement costs negotiated with the AFSCME Maintenance bargaining unit are provided for in the 2019 city budget. When compared to the contract in place for 2018, the increased cost for 2019 is approximately $85,000.00 with $50,000.00 attributed to wages and $35,000.00 towards benefits. The estimated increase over the life of the contract for wage adjustments is $130,000.00 ACTION REQUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Maintenance Unit. ATTACHMENTS: Type Description 0 Backup Material Council Summary AFSCME Maintenance D Resolution AFSCME Maintenance Unit Resolution �p�FpRMi�y�, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 4sT•A PRONo www.ci.farmington.mn.us 2019 — 2021 TENTATIVE AGREEMENT The following outlines the tentative agreement reached through the negotiation process with the AFSCME Maintenance Unit. 1. Duration: Three year contract A three-year contract provides known costs which is beneficial in developing and implementing short and long term financial plans. 2. Insurance: Both parties agree to maintain the current contract language which states: "The Employer's contribution shall cover the cost of single basic life, dental and the 2500/5000 HDHP single coverage at 100%. For Employee plus Child(ren), Employee plus Spouse or Family coverage, the contribution shall be the contribution for the previous year increased or decreased by an amount equal to fifty percent (50%) of the increase or decrease to the HDHP 2500/5000 with HSA coverage option. The employee will pay any excess of the monthly amount contributed by the employer through payroll deduction." The city maintains the current language which is consistent through all collective bargaining agreements. This was important language to maintain given the uncertainties with regards to healthcare. Additionally, for 2019, the city did make an adjustment to the contribution amount for employee + children, employee + spouse and family coverage to make the cost of that coverage more affordable. This adjustment provides a contribution level up to 75% of the cost of basic life, dental and health premiums and includes a contribution to either an HRA or HSA. 3. Wages: • Annual Adjustments: 2019: 3.00% January 1, 2019 2020: 3.00% January 1, 2020 2021: 3.00% January 1, 2021 The city also adjusted the entire wage scale in this contract so that wages are at or slightly above the market at this point. RESOLUTION NO. R50-1 8 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME,COUNCIL 5,LOCAL UNIT 3815 MAINTENANCE BARGAINING UNIT FOR THE CONTRACT YEARS OF 2019,2020 AND 2021. 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 November, 2018 at 7:00 P.M. Members Present: Larson, Bernhj elm, Craig Members Absent: Bartholomay, Donnelly Member Craig and Member Bernhj elm introduced and seconded the following: WHEREAS, the city of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the maintenance classifications identified in the collective bargaining agreement; and WHEREAS, the city has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2019,2020 and 2021; and WHEREAS, the settlement terms have been successfully negotiated between the city and the membership of AFSCME, Council 5, Local Union 3815 Maintenance bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A cost of living adjustment of 3.0% effective January 1, 2019. 2) A cost of living adjustment of 3.0% effective January 1, 2020. 3) A cost of living adjustment of 3.0% effective January 1, 2021. 4) The Employer's contribution shall cover the cost of single basic life, dental and the 2700/5400 HDHP single coverage at 100%. For 2019, for Employee plus Child(ren), Employee plus Spouse or Family coverage, the contribution shall cover up to 75% of the cost of basic life, dental and 2700/5400 health coverage. For subsequent years, the contribution shall be the contribution for the previous year increased or decreased by an amount equal to fifty percent (50%) of the increase or decrease to the HDHP 2500/5000 with HSA coverage option. The employee will pay any excess of the monthly amount contributed by the employer through payroll deduction." Adopted by the Farmington City Council this 19th day of November, 2018. Mayor Attested to the /? day of November 2018. as---. dminist ator SEAL �o�Fw City of Farmington ` -71° 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve 2019 Non-Bargaining Compensation Adjustment-Human Resources DATE: November 19, 2018 INTRODUCTION Annually, the city council reviews the compensation of the non-bargaining employees. This process is done in conjunction with the annual budget process. DISCUSSION As council is aware, the city has been feeling the effects of a tight labor market and is having difficulty attracting and retaining top talent particularly for the skilled labor and professional level positions. In order to continue to attract and retain top talent, the city recognizes the importance of becoming an "employer of choice" by creating a great work culture that is supported by a strong total compensation package that meets or exceeds the market average. Annual salary adjustments for non-bargaining employees have been reviewed and are proposed at 3.00% effective January 1, 2019. Non-bargaining employees include department directors, supervisors, and confidential employees. Additionally, as previously discussed with council, adjustments have been made to the salary structure and to the city's contribution towards group insurance benefits to ensure that the city's total compensation remains competitive. All other employees belong to collective bargaining units which require the city to formally negotiate changes to the terms and conditions of employment through the collective bargaining process. BUDGET IMPACT The cost of these adjustments is included in the proposed 2019 budget and is approximately$123,000.00 with$93,000.00 being attributed to wages (including city costs for FICA, Medicare and PERA)and $30,000 for benefits. ACTION REQUESTED If the city council is in agreement with this proposal, a motion should be made to approve the attached resolution adjusting the 2019 non-bargaining compensation. ATTACHMENTS: Type Description D Resolution Non-Bargaining Wage& Benefit Resolution RESOLUTION No. R51 -18 APPROVING ANNUAL ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2019 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 November 2018 at 7:00 p.m. Members Present: Larson, Bernhj elm, Craig Members Absent: Bartholomay, Donnelly Member Bernhj elm and Member Craig introduced and seconded the following: WHEREAS, annual salary adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost of living standards; and, WHEREAS, the salary schedule is adjusted to bring salaries to be at or slightly above market and includes an annual percentage adjustment of three percent(3.0%) for non-represented employees effective January 1, 2019, are within the expenditure guidelines established in the 2019 budget; and WHEREAS, the employer's contribution shall cover the cost of single basic life, dental and the 2700/5400 HDHP single coverage at 100%. For 2019, for Employee plus Child(ren), Employee plus Spouse or Family coverage, the contribution shall cover up to 75% of the cost of basic life, dental and 2700/5400 health coverage. The employee will pay any excess of the monthly amount contributed by the employer through payroll deduction. WHEREAS,the monthly stipend for fire officers effective January 1, 2019, will be as follows: Assistant Chief $290.00 Captain $159.00 Lieutenant $106.00 WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defined under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the aforementioned adjustments for all non-represented employees. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November 2018. Mayor Attested to the /97411 day of November, 2018. ity Admmistrat`oi�J SEAL �oc�FALI ,�► City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' 1 +r.,� + ' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Seasonal Hiring-Human Resouces DATE: November 19, 2018 INTRODUCTION The recruitment and selection process for the appointment of the attached list of winter seasonal staff has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Office, offers of employment have been made to the individuals show on the attached spreadsheet, subject to a pre- employment drug test and ratification by city council. BUDGET IMPACT These positions are included in various departmental budgets. ACTION REQUESTED By motion approve the attached seasonal employment recommendations. ATTACHMENTS: Type Description D Backup Material Seasonal Staffing +-, +, +, c c ro (o co C c c 0. CU v a 4 0 CU CU CU0 +r 0 0 0 'in 2 2 o to un en cc c E E E L L L CO CD CU I I I N ci rl Q Q Q N QJ N 03 f+ (! (% (% N Ln Ln 00 Ql lD LD 03 C Q) O) Q) 0 r-1 03 N d CD 4-11O N Co O N GJ E Ca I- L 0 a L L Q CU CCU CD L C w cuN Q &AR , City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 4 •4IR0 - www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Teah Malecha, Finance Director SUBJECT: Approve Bills-Finance DATE: November 19, 2018 INTRODUCTION Attached is the November 7-November 14, 2018 city council check register and recently processed automatic payments for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached payments. ATTACHMENTS: Type Description D Backup Material Check Register 11/7/18-11/14/18 Q. 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F m m N a cci v 0 v m I- 0 Q -o C W 0 o U Z v c N ❑ = ax Q o W w E co m m �) o H o • a 'C • D. = o o. d W o v v rn m C N O m _ 75 O > m Q >- o E Z cn = ma -O o — 2 O E N 0 m 1 m 0 v 0 r N a Q Y a M 0 co 0 in u7 o N a rn Z a) O o 49Rifi�► City of Farmington p 430 Third Street c.a � Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 -•x 4': www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: 2019 Fee Schedule DATE: November 19, 2018 INTRODUCTION Each year the city places fees on a large variety of work items that are performed. The draft 2019 fee schedule is attached for your review. DISCUSSION Department heads were asked to review the 2018 fee schedule to see if there were any fees that they wanted to recommend for adjustment in 2019. The attached draft fee schedule reflects the changes that are proposed for 2019. The changes are highlight in red on the attached fee schedule. The fee schedule was reviewed in detail with the city council at the November 13, 2018 work session. Below is a summary of the 13 areas recommended for change in the city's 2019 fee schedule. 1. Police Services (Fingerprinting for Non-Residents)-The department recently reinstated performing this service. In reviewing the fees of neighboring departments it was found that our 2018 $20 fee was significantly lower than the $37 and $35 fees that the two other departments in the county who perform these services for non-residents were charging. We would like to be similar to what these two other depaitment charge for this service, hence the proposed $35 fee for 2019. 2. Parks and Recreation(Park Facility Rental Rates)-These six fees are all proposed to increase by$5 both as a look at specific fees every three years and to generate additional revenue for specific programs. 3. Parks and Recreation(Rambling River Center Rental Rates)-These $1 and $2 proposed fee increases were done to generate additional revenue for the facility. 4. Parks and Recreation(Schmitz-Maki Arena)-These $5 increase in ice rental rates were done to help cover operational and maintenance costs so the arena operates at a break even or profit status. 5. Platting Fees, Escrows and Sureties (Water Main Trunk Fee, Water Treatment Plant Fee and Park Development Fee)-These fees are proposed to increase based on an estimated 2% construction cost index increase. 6. Water Tower Communication Devices (Base Lease Rate and Additional Antenna and Space Rental Leases)-These fees are proposed to increase 5% annually to align with the 5% annual increase included in our existing leases. 7. Utility Charges and Fees (Water Fees)-This proposed increase was reviewed at the October 8, 2018 in detail. The increase is proposed to help cover the cost of continued operations and the large projects occurring in 2019 and beyond including well#9 and a new water tower in 2020. 8. Utility Charges and Fees (Sanitary Sewer)-This increase is proposed to continue to cover the cost of ongoing operations and maintenance. This proposed increase, like all other utility charges, is moving to a smaller yearly increase as opposed to a larger increase every three years. 9. Utility Charges and Fees (Other/Storm Water)-This proposed increase is twofold. First is to cover the ongoing operation and maintenance costs of this fund. The second reason for the proposed increase is to pay its share of street reconstruction projects and the future added cost of storm water pond capacity improvements that are needed in our storm water system. 10. Schedule C (Solid Waste Fee Schedule)-This fee increase was discussed in detail at the October 8, 2018 work session. The city is seeing over a 60% increase in budgeted disposal costs from 2017 to 2019. These increases are anticipated to continue for some time. The ongoing operation and maintenance of this service also is factored into proposed increases. Changes in the annual clean up day program to help alleviate costs increase will be presented at a city council meeting in early 2019. 11. Schedule G (Rambling River Center Room Rental Rates)-The $5 fee increase is proposed to generate additional revenue to cover increased operational and maintenance costs. 12. Schedule H (Outdoor Field User Fee Schedule)-These $1 to $5 fee increases are proposed to generate additional revenue to cover increased operational and maintenance costs. 13. Schedule L(Electrical Inspections)-Our contracted contractor is proposing a number of fee increases to make fees uniform across cities in the area. BUDGET IMPACT The revenue from the proposed fee schedule for 2019 have been incorporated into the draft 2019 budgets. ACTION REQUESTED Hold the public hearing on the 2019 fee schedule and ask any questions you have on the draft fee schedule. Once the city council is comfortable, a motion should be made to approve the 2019 fee schedule by ordinance. ATTACHMENTS: Type Description D Backup Material 2019 Draft Fee Schedule D Cover Memo Ordinance D Backup Material Ordinance Summary CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 2018- AN ORDINANCE ESTABLISHING CHARGES AND FEES FOR LICENSES, PERMITS OR OTHER CITY APPROVALS AND SERVICES FOR CALENDAR YEAR 2019 THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. FEES FOR LICENSES AND PERMITS The City Council of the City of Farmington, pursuant to statutory authority or directive, requires certain licenses, permits or other city approvals for certain regulated activities: and as a condition of issuing these licenses and permits establishes the attached fees, effective January 1, 2019. SECTION 2. EFFECTIVE DATE AND CODIFICATION This ordinance shall be effective immediately upon its passage and shall govern all licenses, permits and approvals for regulated activities occurring or undertaken in the 2019 calendar year. This ordinance need not be codified but may be attached to the City Code as an Appendix. ADOPTED this 19th day of November 2018, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: David McKnight, City Administrator SEAL Approved as to form the day of , 2018. By: City Attorney Published in the Farmington Independent the day of , 2018. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2018- AN ORDINANCE ESTABLISHING CHARGES AND FEES FOR LICENSES, PERMITS OR OTHER CITY APPROVALS AND SERVICES FOR CALENDAR YEAR 2019 NOTICE IS HEREBY GIVEN that, on November 19, 2018, Ordinance No. 2018-was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2018-, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the fees for licenses, permits and services established by the ordinance include for example licenses regulating the keeping of animals, gambling, tobacco and liquor sales, zoning, development and building approvals and licenses, charges for staff and consultant services, and charges for use of public facilities. A printed copy of the ordinance is available for inspection by any person during the city's regular office hours. APPROVE for publication by the City Council of the City of Farmington this 19th day of November 2018. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: David McKnight, City Administrator SEAL Approved as to form the day of , 2018. By: City Attorney Published in the Farmington Independent the day of , 2018. 2019 Fee Schedule General Personnel Charges When the City charges for staff time,the hourly rate will be multiplied by a factor of 2.7,which Includes salary,benefits and organizational overhead charges.Specific rates available from Finance Department upon request. Escrow Deposits Escrows are set to recover costs incurred by the City related to some permitting actions. Escrows shall be determined as defined In this fee schedule and may include but are not limited to administrative costs,personnel charges,and outside services. When the City requires an escrow,the amounts represent Initial deposits,not actual charges.Additional deposits may be required If costs incurred go above the original escrow amount.Any unused escrow will be returned to the applicant.An Escrow Deposit Agreement may be required. FIRE 2018 Amount 2019 Proposed NOTES False Alarms(after 3 per occurrence) Invalid/Lift Assist $150 up to five,$300 $150 up to five,$300 thereafter thereafter Malicious/Mischievous False Alarms Staff time plus Staff time plus equipment rate equipment rate Non-Residential $150 up to five,$500 thereafter $150 up to five,$500 thereafter Residential $150 up to five,$300 $150 up to five,$300 thereafter thereafter Fire Permit Processing MPCA Permit-3D days(limited to 2 per year) $20 $20 Open Burning Fire Permit(30 days) $25 $25 Fire/Rescue Response(Non•Contracted Services) Apparatus/Vehicle(Includes Personnel) Rate per hour Rate per hour Brush Truck $158 $158 Chief $125 $125 Engine $315 $315 Light Rescue $158 $158 Tender $225 $225 Utility Vehicle $105 $105 Fireworks Establishments with mixed sales $100 $100 Establishments Selling Fireworks Only $350 $350 Flammable Tank System 500 Gallons or Less $25 $25 501-1,000 Gallons $50 $50 1,001 Plus Gallons 1.5%up to$10,000 1.5%up to$10,000 Tank Removal $100 per tank $100 per tank 2019 Fee Schedule Page 1 of 18 2019 Fee Schedule Hood and Duct Cleaning Commercial Cooking Vent Systems $50 $50 Re-Inspection $75 $75 Inspections Day Cares $50 $50 Fire Alarm System—New or Alteration 1.5%of contract cost up to$10,000(minimum of 1.5%of contract cost up to$10,000 $50) (minimum of$50) 1%of contract cost 1%of contract cost over$10,000 over$10,000 Re-Inspection $75 $75 Miscellaneous Fire Report Fee $15 $15 Hazardous Material Incidents Personnel and Personnel and Equipment Rates Equipment Rates Unauthorized Burning Extinguishment Fee Personnel and Personnel and Equipment Rates Equipment Rates Paid On-Call Personnel Rate $25/hour/person $25/hour/person 1.5%of contract cost up to$10,000(minimum of 1,5%of contract cost up to$10,000 $50) (minimum of$50) Sprinkler System—New or Altered 1%of contract cost 1%of contract cost over$10,000 over$10,000 Pyrotechnic Displays Fire/Rescue Standby(Original Request) Current hourly rate/person/vehicle 2-Hour Minimum for Pyrotechnic (vehicle would Include Displays personnel) Pyrotechnic Display Permit and Inspection $100 2019 Fee Schedule Page 2 of 18 2019 Fee Schedule MUNICIPAL SERVICES EQUIPMENT 2018 Amount f 2019 Proposed Billed at equipment rate listed below plus personnel rate for staff time.Staff time is billed at a one hour minimum. Equipment rates during regular work hours ore billed at a one hour minimum;personnel rotes for call outs after regular hours ore billed at a two hour minimum at time onda half.ALL CITY EQUIPMENF MUST BE OPERATED BY A CITY EMPLOYEE. Air Compressor,Hammer,Hose $35/hour $35/hour Backhoe $60/hour $60/hour Blower $25/hour $25/hour Bucket Truck $60/hour $60/hour Chipper $50/hour $50/hour Compacting Tamper $25/hour $25/hour 5 yd Dump Truck/Water Tanker $45/hour $45/hour Flail Mower $75/hour $75/hour Front End Loader $75/hour $75/hour Generator—Small $50/hour $50/hour Generator—Trailer $100/hour $100/hour Grader $85/hour $85/hour Paint Striper $30/hour $30/hour Pickup Truck $30/hour $30/hour Sewer Jetter/Vactor $175/hour $175/hour Sktdster $60/hour $60/hour Street Sweeper $85/hour $85/hour 1Ton Truck $35/hour $35/hour Trailer Pump $50/hour $50/hour Trash Pump $25/hour $25/hour TV Sewer Camera $200/hour $200/hour 2019 Fee Schedule Page 3 of 18 2019 Fee Schedule POLICE SERVICES 2018 Amount 2019 Proposed Billed of equipment rate listed below plus personnel rate for staff time.Staff time is billed at a 2 hour minimum. Equipment rates during regular work hours are billed ata one hour minimum;call outs after regular hours ore billed at a two hour minimum. Audio Video CD/DVD $35 $35 Public Data—Offenders List $20/week $20/week False Alarms(after 3 per ordinance) Non-Residential $150 $150 Residential $150 $150 Investigative Case Reports $1/page $1/page Photographs $5/copy $5/copy Research Fee $30/hour-1 hour minimum $30/hour-1 hour minimum Miscellaneous Accident Reports for Insurance Purposes $5 $5 Fingerprinting Non-Resident $20 $35 (No charge for resident) $65/person annually $65/person annually Transient Merchant,Peddler,Solicitor $45.00/person $45.00/person Temporary up to 6 Temporary up to 6 mo. mo. $100/hour non-profit $100/hour non-profit Police Personnel Event Coverage $150/hour for profit $150/hour for profit Pawn Shops Annual License Fee $8,000/year $8,000/year Billable Transaction Fee Electronic $1.50/transaction $1.50/transaction Billable Transaction Fee Manual $2.50/transaction $2.50/transaction Pawn Shop Investigation $1,000 $1,000 2019 Fee Schedule Page 4 of 18 2019 Fee Schedule LICENSES-GENERAL DOG LICENSE 2018 Amount 2019 Proposed Male or Female $20/dog 2 years Lifetime License $50/dog Pursuant to Ordinance 6-2-16 the owner shall pay an additional$25 License Enforcement Service Charge $25/dog as appropriate for 3rd dog and an additional$50 for 4th dog. Tag Replacement Fee $5 Dangerous Dog Registration 100 Warning Symbols At cost Exception—New residents—see Dog Kennel(3 or more dogs) $300/year note under animal licensing above. Permitted in agricultural zone only. GAMBLING LICENSE 2018 Amount 2019 Proposed Gambling Event Investigation Fee $50 $50 Gambling Premise Investigation Fee $50 $50 ;BUSINESS LICENSE 2018 Amount 2019 Proposed Bed and Breakfast $50 $50 Cigarette/Tobacco Sales $200/year $200/year $150 plus Reinstatement after revocation administrative time per $150 plus administrative time per fee schedule fee schedule Saunas $5,000 annual business $5,000 annual business $300 original Investigation $300 original Investigation $150 renewal invest!:anon $150 renewal investigation Therapeutic Massage Business License $50(includes 1 $50(Includes 1 therapist) therapist) Therapist $50 $50 Business Investigation $300 $300 Therapist Investigation $200 $200 'MISCELLANEOUS LICENSES 2018 Amount 2019 Proposed Temporary Outdoor Exhibition $50/Event $50/Event Tents and Temporary Membrane Structures $40 $40 2019 Fee Schedule Page 5 of 18 2019 Fee Schedule LICENSES-LIQUOR 2018 Billing 2019 Billing Beer,Off-Sale $75/year $75/year Beer,On-Sale $250/year $250/year Beer,On-Sale Temporary -0- -0- Display and Consumption $300/year $300/year Liquor,On-Sale $3,500/year $3,500/year Investigation Fee Not to exceed$300 Not to exceed$300 Liquor,On-Sale Club Set by State Set by State Liquor,On-Sale Sunday Set by State Set by State Transfer Fee $300 300 Wine,On-Sale $300/year $300/year investigation Fee $100/year $100/year Brew Pub $250/year $250/year Cocktail Room • $250/year $250/year Taproom $250/year $250/year Investigation Fee $100/year $100/year PARKS AND RECREATION City News&Recreation Guide Advertising Rates(Full color 2018 Amount 2019 Proposed Advertising) To qualify for non-profit status a 501c3 tax exempt status is required. Half Page per Publication Rate: (H)7.5 wide x 4.5 high Government/Non-Profit $325 $325 (V)3.667 wide x 9.25 high Commercial/For Profit $375 $375 Includes Tax Half Page 1-year Rate(4 Issues per year) Government/Non-Profit $1,040/year $1,040/year Commercial/For Profit $1,200/year $1,200/year Includes Tax Quarter Page per Publication Rate: 3.667 wide x 4.5 high Government/Non-Profit $225 $225 Commercial/For Profit $250 $250 Includes Tax Quarter Page 1 Year Rate(4 issues per year) Government/Non-Profit $720/year $720/year Commercial/For Profit $800/year $800/year Includes Tax 2019 Fee schedule Page 6 of 18 2019 Fee Schedule PARK FACILITIES RENTAL RATES I 2018 Amount 2019 Proposed Shelter Half Day $60(Includes tax) $65(Includes tax) Shelter Full Day $85(includes tax) $90(Includes tax) Event Application Fee $55(Includes tax) $60(Includes tax) Requires Insurance certificate Events In Parks(150 or more people) $280(includes tax) $285(Includes tax) and separate fees for portable toilet and garbage service Weddings $280(includes tax) $285(includes tax) Warming House Rental Rate (8:00 o.m.to Noon only with Private Skating Party $35(Includes tax) $40(Includes tax) minimum two hour charge) OUTDOOR FIELD RENTAL RATES 2018 Amount 2019 Proposed Baseball Fields See Schedule H See Schedule H Soccer Fields See Schedule H See Schedule H RAMBLING RIVER RENTAL RATES 2018 Amount 2019 Proposed Annual Membership $35/individual(Includes $37/Individual(Includes tax) Includes both regular and tax) fitness center membership Member Incentive Programs 30 day money-back guarantee(Financial 30 day money-back guarantee Support Program (Financial Support Program funded funded memberships memberships excluded) excluded) Fitness Room Non-Member One-Time Visitor Pass $6.00(Includes tax) $7.00(Includes tax) Rambling River Center Room Rental Rates See Schedule G See Schedule G Rambling River Center Damage Deposit Banquet Room $150 $150 Rambling River Center Damage Deposit Meeting Rooms $75 $75 Rambling River Center Non-Member User Fee $3(includes tax) $4(Includes tax) Rambling River Center Newsletter Advertisement $90(includes tax) $90(Includes tax) 2 inch x 1 Inch ad space for one year DVD Rental Included with rental fee Included with rental fee If If requested requested Sound System Rental $150(includes tax) $150(Includes tax) VCR Rental Included with rental fee Included with rental fee If If requested requested RECREATIONAL PROGRAMS 2018 Amount 2019 Proposed Programs,Lessons,Activities Cover all direct costs Cover all direct costs Special Event Minimum or no fee Minimum or no fee charged charged 2019 Fee Schedule Page 7 of 18 2019 Fee Schedule SCHMITZ-MAKI ARENA ADVERTISING RATES ( 7/1/18.6/30/19 7/1/2019.6/30/20 Full 4 x 8 Sheet Includes tax Includes tax One Year $430/year $430/year $375/year,the entire three year Three Years $375/year fee must be paid up front to receive the discounted rate. 4 x 4 Sheet Includes tax includes tax One Year $270/year $270/year $240/year,the entire three year Three Years $240/year fee must be paid up front to receive the discounted rate. Ice Resurface( Includes tax Includes tax One Year $725/year $725/year $640/year,the entire three year Three Years $640/year fee must be paid up front to receive the discounted rate. Dasher Boards Includes tax jncludes tax One year $535/year $535/year $480/year,the entire three year Three Years $480/year fee must be paid up front to receive the discounted rate. SCHMITZ-MAKI ARENA RATES 7/1/18.6/30/19 7/1/2019-6/30/20 Dry Floor Rental $500/day+tax $500/day+tax $150/day+tax $150/day+tax Saturday and Sunday Ice Time-Prime Time $220/hr+tax $225/hr+tax (7:00a.m.-10:00 p.m.) Monday—Friday (2:00 p.m.—10:00 p.m.) Saturday and Sunday Ice Time—Non-Prime Time $160/hr+tax $165/hr+tax (10:15p.m.-6:45 a.m.) Monday—Friday (10:15 p.m.—1:45 p.m.) June and July Summer Ice $160/hr+tax $165/hr+tax August Ice $150/hr+tax $155/hr+tax Open Hockey $10(includes tax) $10(Includes tax) Open Skating $5.00/person(includes $5.00/person(includes tax) tax) Open Skating Free Style $10(includes tax) $10(Includes tax) Open Skating Punch Card 10 punches$45 10 punches$45(Includes tax) (expires on April 1 each year) (includes tax) Skate Rental $3/pair(Includes tax) $3/pair(includes tax)or 11 pairs for$30(includes tax) 2019 Fee Schedule Page 8 of 18 2019 Fee Schedule PERMITS-BUILDING GENERAL 2018 Amount I 2019 Proposed 2009 MN State Statute 2009 MN State Statute 3269.1530 Building Permit 3268.1530(see (see Schedule I) Schedule I) Additional Plan Review Fee(after 1'r review) Decks,Interior finishes,additions,etc. $25 $25 Commercial,New SFD/MFD $100 $100 Re-Inspection Fee $65 $65 Grading/Landscaping/As-bunts Initial Permit Fee $225 $225 Includes 2 inspections each for grading and turf Re-Inspection Fee $65 $65 Escrow-Single Family Residential $3,000 $3,000 Escrow-All other site grading permits 125%of Estimated 125%of Estimated Restoration Cost Restoration Cost Basement Finish All Inclusive See Schedule I See ScheduleI Includes building,plumbing, HVAC and fireplace $105+state surcharge as recommended by $105+state surcharge as Includes building,plumbing and Bathroom Finish All inclusive MN state code section recommended by MN state code HVAC 1300.0160 section 1300.0160 Building Demolition See Schedule I See Schedule I Building Moving $160+state surcharge as recommended by $160+state surcharge as recommended by MN state code Requires special exception In House MN state code section 1300.0160 section 1300.0160 addition to fees listed Garage $50+cost of utility locations $50+cost of utility locations Surety $10,000 flat $10,000 flat Decks See Schedule I See Schedule I Garages See Schedule I See Schedule I Gazebos Freestanding See Schedule See Schedule I Page 9 of 18 2019 Fee Schedule 2019 Fee Schedule Pools Above Ground 5105+state surcharge $105+state surcharge as as rernmmendpd by rernmmendpd by MN state rode $165+state surcharge as recommended by $165+state surcharge as Inground MN state code section recommended by MN state code 1300.0160 section 1300.0160 Porches See Schedule I See Schedule I Miscellaneous Requested Inspections $105 $105 Investigation Fee/Stop Work Order $65 $65 Permit Pack Reprint $25 $25 Permit Card Reprint $5 $5 Expired Permits 50%of Base Fee 50%of Base Fee Expired Temporary Certificates of Occupancy 50%of Base Fee 50%of Base Fee $70+state surcharge as recommended by MN $70+state surcharge as Roof recommended by MN state code state code section section 1300.0160 1300.0160 $70+state surcharge as recommended by MN $70+state surcharge as Siding recommended by MN state code state code section section 1300.0160 1300.0160 $70+state surcharge as recommended by MN $70+state surcharge as Window/Door Replacement state code section recommended by MN state code 1300.0I60 section 1300.0160 Combo Permits Two(2)Items $115+state surcharge as recommended by Two of the following permits:Roof, MN state code section Siding,or Window/Door 1300.0160 Replacement Three(3)Items $150+state+state surcharge as Three of the following permits: recommended by MN Roof,Siding,or Window/Door state code section Replacement 1300.0160 Individual On-site Sewage Treatment $275($232 CITY,$43 $275($232 CIN,$43 COUNTY) COUNTY) Re-Inspectlon(after 2 falls) $50 $50 Septic Abandonment $60 $60 Temporary Buildings on Construction Sites $150 $150 2019F ee Schedule Page 10 of 18 2019 Fee Schedule ELECTRICAL PERMITS 2018 Amount 2019 Proposed Single-Family Residential See Schedule L—page 1 See Schedule L—page 1 Multi-Family Residential and Commercial See Schedule L—page 2 See Schedule L—page 2 Solar PV Installation See Schedule M See Schedule M MECHANICAL PERMITS 2018 Amount 2019 Proposed 65 Wee ave+state surcharge es $65/firepiave+state surcharge as Fireplace recommended by MN recommended by MN state code state code section section 1300.0160 1300.0160 Commercial Heating 1.25%of contract cost+ state surcharge 1.25%of contract cost+state (contract valuation x surcharge(contract valuation s .0005)minimum of .0005)minimum of$100 $100 Re-Inspection $65 $65 Residential Heating $85+state surcharge as recommended by MN $85+state surcharge as New Construction state code section recommended by MN state code 1300.0160 section 1300.0160 $55+state surcharge as recommended by MN $55+state surcharge as Repair/Replace state code section recommended by MN state code 1300.0160 section 1300.0160 Re-inspection $65 $65 PLUMBING PERMITS 2018 Amount 2019 Proposed $30+state surcharge as recommended by MN $30+state surcharge as Heater,Water Softener state code section recommended by MN state code 1300.0160 section 1300.0160 Commercial Heating 1.25%of contract cost+ Includes Sprinkling Systems state surcharge 1.25%of contract cost+state (contract valuation x surcharge(contract valuation x .0005)minimum of .0005)minimum of$100 $100 Re-Inspection $65 $65 Residential Heating $85+state surcharge as recommended by MN $85+state surcharge as New Construction state code section recommended by MN state code 1300.0160 section 1300.0160 $55+state surcharge as recommended byMN $55+state surcharge as Repair/Addition state code section recommended by MN state code 1300.0160 section 1300.0160 Re-inspection $65 $65 2019 Fee schedule Page 11 of 18 201.9 Fee Schedule UTILITY SERVICE CONNECTION PERMITS 2018 Amount 2019 Proposed Sewer City Sewer Availability Charge(CSAC) $540 $540 Connection Permit $75 each $75 each ROW permit required for work I in the the ROW plus surety Lateral Connection Charge $2,160 $2,160 Lateral Equivalent Charge See assessment rolls See assessment rolls MCES Sewer Availability Charge(SAC) $2,485/REU $2,465/REU REU Determination by Metropolitan Council Re-Inspection Fee $65 $65 Water Connection Permit $75 each $75 each ROW permit required for work I in the the ROW plus surety Lateral Connection Charge $1,515 each $1,515 each Re-Inspection Fee $65 $65 Funds future construction of water towers and wells.Water connection charge will not Reserve Capacity Connection(WAC)Fee $1,255/REU $1,255/REU apply to fire sprinkler lines. Meters 4"and up will need a separate analysis and the fee will be determined by the city engineer. PERMITS-CONSTRUCTION RELATED EXCAVATION&MINING 2018 Amount 2019 Proposed 0—1,000 cubic yards $50 $50 Grading plans required plus 1,000-25,000 $150 $150 personnel charges to review 25,001-50,000 $30D $300 the application.CUP required for 50,000 Cubic yards and 50,001-250,000 $500 $500 above. 250,000+ $1,000 $1,000 Filling $75+staff time $75+staff time CUP required Landfills,Sludge Ash,Incinerator Ash,etc. $150,000 Initial $150,000 initial $60,000/year+$30/ton renewal $60,000/year+$30/lonrenewal Excavation/Filling/Mining Surety Per estimated costs of Per estimated costs of code code compliance compliance Retaining Wall Inspection $70 $70 2019 Fee schedule Page 12 of 18 2019 Fee Schedule ROW PERMITS I 2018 Amount 2019 Proposed Utility Construction Permit Fee for work up to 1,000 linear feet $160 $160 Fee for work over 1,000 linear feet $0.16 per linear foot $0.16 per linear foot Escrow Deposit $500 Minimum $500 Minimum General Excavation Permit Fee $160 $160 Escrow Deposit $500 Minimum $500 Minimum Obstruction Permit $50 $50 PERMITS-DEVELOPMENT/SUBDIVISION APPLICATION FEES I 2018 Amount 2019 Proposed 250+ 20/acre up to Annexation Petition 10 acres,$5/acre over $250+$20/acre up to 10 acres, 10 acres $5/acre over 10 acres Comprehensive Guide Plan Amendment $450 $450 Conditional Use Permit/Special Exception $250 $250 Interim Use Permit $250 $250 Rezoning Administrative Fee $450 $450 Appeal of Zoning Decision $150 $150 Appeal of Planning Commission Decision $150 $150 Zoning Certificate,Verification of Zoning $25 $25 Site Plan Review $150 $150 Sketch Plan Review $150 $150 Subdivision Waiver,Administrative Fee $125/staff time $125/staff time Vacation of Public Right-of-Way $200 $200 Variance Request $250 $250 Actual cost which may Actual cost which may include both Environmental Assessment Worksheet Review Include both personnel personnel and outside services and outside services Preliminary Plat Fee $750 base+$10/lot $750 base+$10/lot 3 lots or less$1,000 3 lots or less$1,000 Escrow 4-10 lots$2,500 4-10 lots$2,500 11 or more$5,000 11 or more$5,000 Final Plat Fee $300 $300 3 lots or less$1,000 31ots or less$1,000 Escrow 4-10 lots$2,500 4-10 lots$2,500 11 or more$5,000 11 or more$5,000 2019 Fee Schedule Page 13 of 18 2019 Fee Schedule PUD(Planned Unit Development) Fee $500+$22/acre $500+$22/acre PUD Amendment Fee $300 $300 Wetland Alteration Permit Fee $250 $250 Surety 125%of estimated 125%of estimated construction construction cost cost 2019 Fee Schedule Page 14 of 18 2019 Fee Schedule PLATTING FEES,ESCROWS&SURETIES I 2018 Amount 2019 Proposed Platting fees are generally collected with the approval of a Development Contract.Acreage charges shall be based on the gross area of the development,less floodwoys,steep slopes,dedicated parkland and delineated wetlands.Fees based on REU shall use the MCES determinlatlon for flows. The Sanitary Sewer Trunk Area Charge funds trunk Sanitary Sewer Trunk Area Charge $2,398/acre $2,398/acre improvements identified in the city's Comprehensive Sanitary Sewer Plan. This fee funds Initial seal coating of newly constructed Seal Coating Fee $1.55/sq.yd.of $1.55/sq.yd.of bituminous area streets two to three years after bituminous area initial construction as required by engineering guidelines. Surface Water Management Fee(Development) The Surface Water Residential,Low Density $12,494/acre $12,494/acre Management Fee funds the Residential,High Density $20,754/acre $20,754/acre trunk storm water improvements Identified In the Commercial/Industrial/Institutional $24,984/acre $24,984/acre city's Surface Water Surface Water Quality Management The Surface Water Quality Residential(single/multi) $108/acre $108/acre Management Fee Is collected to fund future excavation of Commercial/Industrial/School/Other $226/acre $226/acre sediments deposited In sedimentation ponds. The Water Main Trunk Fee Water Main Trunk Fee $4,389/acre $4,477/acre funds the trunk Improvements identified In the city's Water Supply and Distribution Plan. All parcels being developed are charged 1 REU minimum. Commercial,Industrial, Institutional developments and redevelopments are charged Water Treatment Plant Fee $1,061/REU $1,082/REU multiple REU's based on 1 REU =274 gpd. Established In 1997, this fee will help fund the future Water Treatment Plant. Note:REU=Residential Equivalency Unit Parkland and Trail Fees Per Parkland Dedication Per Parkland Dedication Ordinance Ordinance Calculation Calculation $23,045 multiplied by the total $23,045/acre based on estimated acres required to be dedicated Park Development Fee $22,592/Acre 2.5%construction cost Index for parkland in the increase development. Future Through Street Sign Actual Cost Actual Cost Wetland Buffer,Conservation,and Natural Area Signs Actual cost Actual cost 125%of Estimated 125%of Estimated Public Public Improvement Surety Public improvement Improvement Construction Construction Estimate Estimate Contract Administration Escrow 3%of Estimated Public 3%of Estimated Public improvement Improvement Construction 5%of Estimated Public 5%of Estimated Public Construction Observation Escrow Improvement Improvement Construction Construction Estimate Estimate 2019 Fee Schedule Page 15 of 16 2019 Fee Schedule PERMITS-SPECIAL Sign Permit,Review Plans Estimated Value:upto$500 $20 $20 Signs which need a conditional use permit must pay both the $500.01-$1,000 $30 $30 established sign permit fee, $1,000.01-$2,500 $60 $60 plus the conditional use permit fee. Over$2,500 $80 $80 Urban Chicken Permit Initial Permit $100 $100 Renewal Permit $25 $25 WATER TOWER COMMUNICATION DEVICES 2018 Amount 2019 Proposed This fee must be paid prior to any research or site meetings. The fee covers staff time to Preliminary Research Fee $500 $500 provide plans and specifications and for site visits prior to formal lease agreements. tease rates noted are the Initial rote Indicated In any new lease agreements and the rate will Increase by 556 annually on January 1'', regardless of the date that the lease Is signed or type of equipment. Base lease Rate $3,231.89/month $3,393.48/month This lease rate covers up to 3 antennas and 300 sq.ft.of ($38,782.67 annually) ($40,721.81 annually) space at the base of the tower. $1,077.32/month $1,131.19/month This rate will be added to the Additional Antenna Lease Rate /antenna /antenna base lease rate,beginning with the 4w antenna array,for each ($12,927.85 annually) ($13,574.23 annually) additional antenna array. This charge will apply If the Additional Space Rental Lease Rate $5.97/month/sq.ft. $6.27/month/sq.ft. installation occupies more than a total of 300 sq.ft.at the base of the tower.Square footage ($72/year/sq.ft.) ($75.22/year/sq.ft.) will be calculated based on a rectangular area described by adding 3 ft.to the maximum width and length,or by the actual size of easement requested,whichever Is larger. This will not Include access easements,or line easements from the tower to the enclosure/equipment. 2019 Fee Schedule Page 16 of 18 2W.9 Fee Schedule MISCELLANEOUS Ag Preserve Filing $75 $75 Candidate Filing $5 $5 10,000—100,000 population Code Enforcement Cost Recovery $30 Re-Inspection/ $30 Re-Inspection/Administrative Plus Cost of Abatement Administrative Fee Fee BILLING AND INVOICING CHARGES 2018 Amount 2019 Proposed Assessment Certification Fee $35 administrative fee+ 8%interest $35 administrative fee+8%Interest Late Payment Penalty 10%of current 10%of current delinquent charge delinquent charge Returned Item Fee $30 $30 Special Assessment Search $25 $25 COUNTER SALES 2018 Amount 2019 Proposed CD/DVD $35 $35 Comprehensive Plan Document $40 $40 2'Contour Map(Special Order) GIS fees GIS tees (see Schedule E) (see Schedule E) Copies $.25/page $.25/page Color Copies 8%x 11 $.50/page $.50/page Color Copies 11 x 17 $1/page $1/page Large Format Copy(Excluding 2'Contour) $3/copy $3/copy Flood Plain Map(Copy of FEMA Map) $5 $5 Flood Plain Map(Other) $15 $15 New Resident List(Photo or Electronic Copies) $3.50/month or $3.50/month or$42/year $42/year Photographs $5/copy $5/copy Redevelopment Plan $10 $10 Zoning/Comprehensive Plan Maps GIS fees GIS fees see Schedule E see Schedule E 2019 Fee Schedule Page 17 of 18 2019 Fee Schedule UTILITY CHARGES AND FEES WATER 1 2018 Amount 2019 Proposed Base Fee-AU Classes $12 $14 Per quarterly bill Volume Charges up to 20,000 gallons $1.30 per 1,000 gallons $1.60 per 1,000 gallons over 20,000 but up to 40,000 gallons $1.60 per 1,000 gallons $2.40 per 1,000 gallons over 40,000 gallons $2.00 per 1,000 gallons $3.20 per 1,000 gallons Irrigation Meters NA $3.20 per 1,000 gallons Hydrant Usage/Water acquired at Maintenance Facility $2/1,000 gallons $2/1,000 gallons $60 minimum $60 minimum Hydrant Meter Deposit $5,000 refundable $5,000 refundable deposit deposit Overhead Water Filling Station at Rambling River Center $2/1,000 gallons $2/1,000 gallons Meter Reading(If no change In ownership) $37.50 $37.50 Meter Testing Fee $75 $75 Actual Cost+(10%or Meters $30+tax)whichever is Actual Cost+(10%or$30+tax) larger amount whichever Is larger amount Water Disconnection Fee $75 $75 Water Reconnection Fee $75 $75 SANITARY SEWER 2018 Amount 2019 Proposed Base Fee Residential $36.00/qtr $37.44/qtr Includes first 10,000 gallons Commercial $77.60/qtr $80.70/qtr Includes first 20,000 gallons Volume Charges based on actual water consumed during the most Residential Use Over 10,000 gallons $3.60/1,000 gallons $3.74/1,000 gallons recent quarter or the customer's winter quarter Commercial Use Over 10,000 Gallons $3.88/1,000 gallons $4.04/1,000 gallons whichever is less. Sump Pump Ordinance Non-compliance $100/month added to $100/month added to sewer bill sewer bill OTHER 2018 Amount 2019 Proposed Solid Waste Collection See Schedule C See Schedule C Storm Water Utility $13.75/storm water unit/gtr $21.25/storm water unit/qtr Street Light Utility $6.90/REU/qtr $6.90/REU/qtr PENALTIES 2018 Amount 2019 Proposed Water Use Restriction Penalties iv Offense $25 $25 2"d Offense $50 $50 3'd and Subsequent Offenses $100 $100 2019 Fee Schedule Page 18 of 18 2019 Fee Schedule SCHEDULE C Solid Waste User Fee Schedule Customers who overfill their containers more than 50%of the time during a quarter and do not request a level of service change will automatically be raised to the next level of service. Solid Waste Rates 2018 Amount 2019 Proposed NOTES 30 gallons $46.00/quarter $50.60 60 gallons $57.00/quarter $62.70 90 gallons $67.00/quarter $73.70 120 gallons $80.50/quarter $88.55 150 gallons $90.50/quarter $99.55 180 gallons $101.50/quarter $111.65 210 gallons $113.50/quarter $124.85 240 gallons $122.50/quarter $134.75 270 gallons $132.50/quarter $145.75 300 gallons $161/qtr x pickups/week $177.10 600 gallons $279/qtr x pickups/week $306.90 900 gallons $397/qtr x pickups/week $436.70 1200 gallons $515/qtr x pickups/week $566.50 1500 gallons $633/qtr x pickups/week $696.30 1800 gallons $751/qtr x pickups/week $826.10 SPORTS TOURNAMENTS 2018 Change 2019 Proposed 1-20 teams $120.00 $120.00 300 gallon container delivery Included to one 21-60 teams $180.00 $180.00 site$25.00 delivery 61-90 teams $240.00 $240.00 charge per each 90 teams or more will be addressed on an will be addressed on an Individual additional site. $50 per Individual basis. basis. hour additional labor charge If more than one OTHER 2018 Change 2019 Proposed Special Pickups Pass on charges from Pass on charges from contractor per contractor per agreement. agreement. Out of Cab Charge $5.00 per stop $5.00 per stop Residential Rolloffs MSW or construction demolition $130/load plus ( / ) disposal/processing costs(1 $143/load plus disposal/processing Request Form Required week limit) costs(1 week limit) Residential Rolloff Rental(over 7 days) $10/day $10/day Commercial Rolloffs(MSW or construction/ $130/load plus $143/load plus disposal/processing Minimum 2 loads per mo demolition) disposal/processing costs costs Temporary Discontinuance Fee $30.00 $30.00 Curbside Recycling Services Per contract Per contract Curbside Seasonal Yard Waste Collection Per contract Per contract Return Collection Trip Charge 90 gallons or less $10.00/trip/first container $10.00/trip/first container $5 each additional $5 each additional 300 gallons or less $20.00/trip/first container $20.00/trip/first container $10 each additional $10 each additional EXTRA BAG CHARGE (lids that do not appear to be closed at the time of collection or bags outside of 2 or more bags per occurrence- 2 or more bags per occurrence- bag equal to 13 gal.or container) $2.50/bag-$5 minimum $2.50/bag-$5 minimum tall kitchen bag Private Hauler-Commercial Dumpster Annual Fee $100 $100 Temporary 300 gallon container for MSW $55 to deliver&empty once $55 to deliver&empty once $20/each time emptied $20/each time emptied Automobile Tires(up to 17") $10 plus$2.50 each additional $10 plus$2.50 each additional tire the Level of Garbage Service Change 1'request no charge 1'request no charge Subsequent requests Subsequent requests $37.50/year/owner $37.50/year/owner 2019 Fee Schedule Page 1 of 1 2019 Fee Schedule SCHEDULE E GIS Fees I City Total I 2018 Amount 2019 PROPOSED Hard Copy Map Sales XSection—Property Only $5 $15 $15 $15 X Section—Property and Pianlmetric $5 $55 $55 $55 X Section—Property,Planimetric,Contour $20 $170 $170 $170 1/8 Section—Property,Planimetric,Contour $5 $45 $45 $45 X Section—Aerial Photo 0 $6 $6 $6 Old Section and X Section 0 $5 $5 $5 Zoning and Comprehensive Plan Maps Black and White 11 x 17 $1 $1 $1 $1 Color 11x17 $4 $4 $4 $4 Color,C Size(17 x 22) $8 $8 $8 $8 Color,D Size(22 x 34) $15 $15 $15 $15 Color,E Size(24 x 44) $20 $20 $20 $20 Street Maps City Street Map,()Size,Black and White $2 $2 $2 $2 City Street Map,11 x 17,Black and White $1 $1 $1 $1 City Street Map,D Size,Color $4 $4 $4 $4 Special Requests See Engineering Department 2019 Fee Schedule Page 1 of 1 2019 Fee Schedule SCHEDULE G RAMBLING RIVER CENTER ROOM RENTAL RATES* ROOM NAME 2018 Amount 2019 Proposed NOTES Arts and Crafts Room $60 for 2 hour time block+$30 each $65 for 2 hour time block+$32.50 each additional (Capacity 30 people) additional hour hour Banquet Room $325 for 4 hour blocks of time which includes set up time,clean up time,use of $330 for 4 hour blocks of time which Includes set up up to 12 round tables and chairs and time,clean up time,use of up to 12 round tables and mandatory cleaning fee for cleaning the chairs and mandatory cleaning fee for cleaning the room after rental ends,which Includes garbage Ca people room after rental ends,which Includes (Capacity Y 130 garbage removal and tear down. If cleaning removal and tear down. If cleaning takes more than 2 includes use of takes more than 2 hours,then billing for hours,then billing for additional cleaning time beyond kitchenette) additional cleaning time beyond the 2 hours the 2 hours will be at a rate of$55 per additional will be ata rate of$35 per additional hour. hour. $80 for each additional hour rented beyond $85 for each additional hour rented beyond the the original 4 hour block. original 4 hour block. Empire Room $75 for 2 hour time block and$37 each $80 for 2 hour time block and$40 each additional (Capacity 57 people) additional hour hour Garage $55 per stall or$185 entire garage per day $60 per stall or$200 for engine garage. Garage Set Up/Tear Down $65 per day $70 per day. Two Small Conference Rooms $20 for 2 hour time block and$10 each $20 for 2 hour time block and$10 each additional (Capacity 15 people) additional hour hour *Returning regularly scheduled renters receive first priority for rental of the room they rented in the previous year. 2019 Fee Schedule Page 1 of 1 2019 Fee Schedule SCHEDULE H OUTDOOR FIELD USE FEE SCHEDULE Non-Tournament Outdoor Field Use Charges: 2018 Amount 2019 Proposed NOTES Adult Groups $50(includes tax) $55(Includes tax) Summer Outdoor Use Fee—Groups primarily serving local youth under 18 years of age.Calculated based on the number of registered participants as of the first day $13.00 per participant $14 per participant of scheduled practice. Youth Groups not qualifying or choosing not to pay the Seasonal Use Fee $45(includes tax) $50(Includes tax) Tournaments Outdoor Field Use Char.es: 2018 Amount Baseball and Softball Fields Fee includes use plus initial $60/field/day $65/field/day dragging,setting of the base path (Includes tax) (Includes tax) and pitching,and painting of foul (fee does not include (fee does not Include garbage fee) and fence lines once each garbage fee) tournament. Soccer Fields Full size soccer fields may be sub- $60/field/day $65/field/day divided into small fields but are only (Includes tax) (Includes tax) charged per full size field.Any (fee does not Include (fee does not Include garbage fee) portion of a full size field constitutes garbage fee) use of that full size field. Other Services and Fees 2018 Amount Additional dragging baseball or softball fields $16(Includes tax)per field $17(includes tax)per field per per dragging dragging Additional labor or materials requested by group At prevailing rates At prevailing rates Portable Toilets If use 1s requested by user If use is requested by user group,then group,then entire cost entire cost paid by user group. paid by user group. Soccer field lining $50(includes tax)per $55(Includes tax)per hour for labor+ hour for labor+tax tax $25(Includes tax)per hour for painting $30(includes tax)per hour for painting 2019 Fee Schedule Page 1 of 1 2019 Fee Schedule SCHEDULE I 2009 MN State Statute 3266.1530 BUILDING VALUE RANGE 2018 Amount 2019 Proposed $0-$500 $29.50 $29.50 $501-$2,000 $28.00 for the first$500 $28.00 for the first$500 $3.70 per additional$100 $3.70 per additional$100 $2,001-$25,000 $83.50 for the first$2,000 $83.50 for the first$2,000 $16.55 per additional$1,000 $16.55 per additional$1,000 $464.15 for the first$25,000 $464.15 for the first$25,000 $25,001-$50,000 $12.00 per additional$1,000 $12.00 per additional$1,000 $50,001-$100,000 $764.15 for the first$50,000 $764.15 for the first$50,000 $8.45 per additional$1,000 $8.45 per additional$1,000 $1,186.65 for the first$100,000 $1,186.65 for the first$100,000 $100,001-$500,000 $6.75 per additional$1,000 $6.75 per additional$1,000 $3,886.65 for the first$500,000 $3,886.65 for the first$500,000 $500,001-$1,000,000 $5.50 per additional$1,000 $5.50 per additional$1,000 $6,636.65 for the first$1,000,000 $1,000,000 $1,000,001 and up $4.50 per additional$1,000 $4.50 per additional$1,000 This fee schedule was developed with information provided by the Stote Building Codes and Standards Division. Residential Building Valuations 2018 Amount 2019 Proposed Cost per Square Foot Decks $19.00 $19.00 Entry Covered Porches $29.00 $29.00 Four Season Porches $76.66 $76.66 Garages Wood Frame $41.81 $41.81 Masonry Construction $28.93 $28.93 Carport $19.11 $19.11 Pole Building $18.60 $18.60 Gazebos,Wood Framed/Screened $53.35 $53.35 Single Family Dwellings-Basement Finished Basements $26.70 $26.70 Unfinished Basements $20.50 $20.50 Crawl Space $11.54 $11.54 Conversion(Basement Finish) $14.00 $14.00 All inclusive Basement Finish $17.00 $17.00 Single Family Dwellings-Type V-Wood Frame First Floor $89.00 $89.00 Second Floor $89.00 $89.00 Five Course l' Floor Lookout Unfinished $76.66 $76.66 Sheds $26.70 $26.70 Three Season Porches,Wood Framed $53.35 $53.35 2019 Fee Schedule Page 1 of 1 2019 Fee Schedule SCHEDULEJ MEETING ROOM GUIDELINES NON-CITY USE City of Farmington ITEM DESCRIPTION The city of Farmington meeting rooms are scheduled by the city Administration Department and are available for use on a rental basis by youth,local civic and resident,non-resident and profit making groups. The policies that follow are needed to insure the proper use and control of the facility so that all people may equally enjoy them. RESERVATION PROCEDURE Requests for use of the rooms should be directed to the Administration Department at 651-280-6803. Reservations will be held verbally for 48 hours without a deposit. Reservations can be made no more than 60 days in advance. MEETING ROOMS City functions have first priority for booking the meeting rooms. The city reserves the right to pre-empt a scheduled use when necessary to conduct essential city business. LARGE COUNCIL CONFERENCE ROOM -Accommodates 16 people around a table. "Parking accommodates approximately 10 vehicles with on-street parking,2 handicapped stalls in the back parking lot and additional parking in the Second Street parking lot. SMALL COUNCIL CONFERENCE ROOM —Accommodates 10 people around a table. —Parking accommodates approximately 10 vehicles with on-street parking,2 handicapped stalls in the back parking lot and additional parking in the Second Street parking lot. ROOM NAME 2018 Change $25 for 2 hour time block Large Conference Room $8 each additional hour $20 for 2 hour time block Small Conference Room $8 each additional hour Notes on fees: 1. A reservation date can be tentatively held verbally for 48 hours. 2. The fee may be waived If a city staff member is assigned to a group as a part of their work duties and assumes responsibility for the room reservation. REFUNDS A 30-day cancellation notice is required for a full refund. If we are notified of your cancellation 30 days prior,a full refund will be given. No refunds will be Issued for cancellations made less than 30 days prior to an event. PERMITS A permit authorizing the use of the rooms requested will be Issued to the applicant after the application is approved. The Administration Department reserves the right to cancel the permit if the regulations of use are violated. Permit holders will not assign,transfer or sublet to others the use of the facilities. The individual signing the permit must be 21 years of age or older. SUPERVISION AND DAMAGE 1. Every group using the facility must be under competent adult(21+)leadership. The organizing user or groups will assume full responsibility for the group's conduct and any damage to the building or equipment. 2. The city reserves the right to assign or require supervisory staff,police or maintenance personnel at an additional cost to the user If deemed necessary by the particular function or activity. An estimated cost will be calculated at the time of the reservation. The group will be billed for the actual cost after the event. 2019 Fee Schedule Page 1 of 2 2019 Fee Schedule LIABILITY The organization or user group using city of Farmington facilities will agree to indemnify the city of Farmington,and its employees for any and all damage to the building,or other property,by any person or persons attending the affair,and likewise,the city of Farmington and its employees against all liability and all damages to any person for injuries,including death. RULES FOR USE 1. The entire building Is a smoke free facility and users are responsible for ensuring that members of their group do not smoke within the building. 2. Persons attending meetings or events should stay in the rooms assigned to their use. 3. The city of Farmington requires,as a condition of this agreement,that alcoholic beverages are prohibited. 4. General cleanup of the facility is the responsibility of the group. If any item such as rice or confetti is thrown in the building or on the grounds,your group is responsible for cleaning up this material. Additionally,if the building is not cleaned up,the cost the city incurs for cleanup will be assessed to your group. 5. Technology is not available for non-city users. 6. Events which will be using an open flame such as candles are prohibited. 7. The catering kitchen is not designed for preparing food,but rather for serving food that has already been prepared elsewhere. User groups are responsible for providing their own utensils,serving ware,coffee and condiments. 8. Signs may not be posted outside of City Hall regarding your event. OURS OF USE The hours of use for the meeting rooms are as follows: Monday—Friday from 8:30 a.m.—4:00 p.m. The rooms are not available when City Hall is closed in observance of the following holidays: New Year's Day,Martin Luther King Jr.Day,President's Day,Memorial Day,4th of July,Labor Day,Veteran's Day, Thanksgiving Day and the day following,Christmas Eve and Christmas Day. 'OOM SET-UP AND DECORATIONS Adhering decorations or any items to walls,tables,chairs,etc.in any manner is prohibited. The above guidelines have been established for your benefit and to promote responsible use. The City Administrator must approve exceptions to these policies. 2019 Fee Schedule Page 2 of 2 2019 Fee Schedule SCHEDULE L- PAGE 1 REQUEST FOR ELECTRICAL INSPECTION (REI) PERMIT Single Family Residential ITEM DESCRIPTION 2018 Amount 2019 Proposed Basement remodel/finish up to 11 circuits—2 inspections $78 $82 City service fee $10 $10 Fireplace per inspection $39 $41 Furnace or furnace and air conditioner—per trip $39 $41 Garage additions/remodel up to 11 circuits-2 inspections $78 $82 Inspection fee—one trip $39 $46 Inspection fee—two trips $78 $82 Investigation fee or the total inspection fee,whichever is greater up to$1,000 $78 $82 New home&service up to 400 amps and up to 30 circuits—2 inspections $149 $170 New home&service 401 to 800 amps and up to 30 circuits $174 $174 More than 30 circuits $6.50 each $7.35 each New home extra inspections $39 $41 Off peak systems—per inspection $39 $41 Per circuit calculation $6.50 per circuit $7.35 per circuit Per trip calculation $39.00 per trip $41.00 per trip Pools up to 11 circuits—2 inspections $78 $82 Porches/additions up to 11 circuits-2 Inspections $78 $82 Re-inspection fee—per trip $39 $41 Residing home—per inspection $39 $41 Service upgrade up to 400 amps plus circuits $39 $41 Reconnect circuits $2.25 each $2.35 each New extend $6.90 each $7.35 each Service upgrade up to 800 amps plus circuits $65 $70 Reconnect circuits $2.25 each $2.35 each New extend $6.90 each $7.35 each Single trip inspection $39 $41 State surcharge $1 $1 Separate Grounding Residential $0 $41 Service Panel Residential $0 $100 Service Panel and Remodel Residential $0 $170 2019 Fee Schedule Page 1 of 2 2019 Fee Schedule SCHEDULE L-PAGE 2 REQUEST FOR ELECTRICAL INSPECTION (REI) PERMIT Multi Family Residential&Commercial ITEM DESCRIPTION 2018 Amount 2019 Proposed 0-400 amp power source $39 $70 401—800 amp power source $65 $120 Over 800 amp power source $110 $170 Carnivals/fair 2 hour charge minimum plus power supplies and units $170 $180 City service fee $10 $10 Commercial remodel up to 12 circuits-2 inspections $78 $82 Commercial service plus per circuit totals Concrete encased electrode inspection $39 $41 Electric and LED signs and outside lighting transformers/power supplies each $6 $41 Fire and temp.control each device $1 $41 Furnace and air conditioner or combinations per trip 39 41 Inspection fee—one trip $39 $41 Per trip charge minimum $39 $41 Investigation fee—total fee doubled 78 $82 Whichever is greater up to$1,000 Luminaire retrofit modifications per fixture $0 $0.33 Multi-family units up to 12 circuits—2 inspections per unit $78 $100 New or extended circuits each up to 200 amps $7 $7.35 New or extended circuits above 200 amps each $17 $18.85 Separate bonding inspections for swimming pools and equipotential planes per trip $39 $46 Special inspection fee( )hours Plus( )miles @ IRS mileage rate of( ) $80/hour $100/hour State surcharge $1 $1 Transformer up to 10KVA each $16.90 $17.50 Transformer above 10KVA each $33.30 $35.00 RV Pedestal $0 $41 Swimming Pool Commercial $0 $82 Street/Park Lot/Outdoor or Traffic Standards $0 $6.00 MFG Home Pedestal $0 $41 New Multi Family Dwellling $0 $100 Failure to File Permit $0 $82 or total fee doubled,whichever Is greater up to $1,000.00 2019 Fee Schedule Page 2 of 2 2019 Fee Schedule SCHEDULE M SOLAR PV INSTALLATION ELECTRICAL INSPECTION FEES ITEM DESCRIPTION 1 2018 Amount 2019 Proposed 0 watts to 5,000 watts $90 $90 5,001 watts to 10,000 watts $150 $150 10,001 watts to 20,000 watts $225 $225 20,001 watts to 30,000 watts $300 $300 30,001 watts to 40,000 watts $375 $375 $375 Plus $375 Plus 40,001 watts to 1,000,000 watts $37.50 for each $37.50 for each additional 10,000 additional 10,000 watts over 40,000 watts over 40,000 $3,975 Plus $3,975 Plus $25 for each $25 for each 1,000,000 watts to 5,000,000 watts additional 10,000 additional 10,000 watts over 1,000,000 watts over 1,000,000 $10,810 Plus $10,810 Plus $15 for each $15 for each 5,000,000 watts or larger additional 10,000 watts over additional 10,000 5,000,000 watts over 5,000,000 2019 Fee Schedule Page 1 of 1 ��c�FAR �� City of Farmington v 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Preliminary and Final Plat-Pellicci Addition DATE: November 19, 2018 INTRODUCTION Mark Pellicci, owner of 1309 Birch Court, has requested the review of the Preliminary and Final Plat for Pellicci Addition. DISCUSSION The Pellicci Addition is a re-plat of Lot 6, Block 2 East Farmington Fourth Addition and Outlot A East Farmington Tenth Addition. Mr. Pellicci purchased Outlot A from the East Farmington Home Owners Association and is looking to combine the outlot with his existing home site that is adjacent. The proposed re-plat removes the notation of outlot(i.e., non buildable lot) from the property and combines the two parcels into one buildable lot(Lot 1, Block 1 Pellicci Addition). Mr. Pellicci is looking to expand his existing attached garage and the proposed addition would extend into the outlot, thereby necessitating the need to re-plat the properties. Location of Property: 1309 Birch Court Area Bounded by: Single-family residences to the north, west, and south. The Prairie Waterway is adjacent to the east. Existing Zoning: R-2 (Low/Medium Density Residential) and is part of the East Farmington Planned Unit Development. Surrounding Zoning: Adjacent properties to the north, west and south are zoned R-2 PUD. The Prairie Waterway, adjacent to the east, is zoned Park/Open Space. Existing Conditions: The plat area consists of two parcels of land (Outlot A, East Farmington Tenth Addition and Lot 6, Block 2 East Farmington Fourth Addition). Outlot A is currently a vacant parcel, Lot 6, Block 2 East Farmington Fourth Addition is the home site of Mr. Pellicci. Drainage and Utility Easements Existing drainage and utility easements within the re-plat area that were dedicated as part of the East Farmington Fourth and Tenth additions will have to be vacated prior to recording the Pellicci Addition plat with Dakota County. Mr. Pellicci has applied for the vacation of those easements and a public hearing has been scheduled for the December 3, 2018 City Council meeting. With the vacation of easements mentioned above, the proposed Preliminary and Final Plat for Pellicci Addition will have to dedicate new easements. The easements shown on the attached Preliminary and Final Plat are acceptable to the city. Planning Commission Review The Planning Commission reviewed the Preliminary and Final Plat at its meeting on November 13, 2018 and voted 3-0 to recommend approval of the Pellicci Addition plat. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution approving the Preliminary and Final Plat for the Pellicci Addition contingent upon the following: 1. All drainage and utility easements dedicated on Outlot A East Farmington Tenth Addition and Lot 6, Block 2 East Farmington Fourth Addition be vacated prior to recording of the Pellicci Addition re- plat. ATTACHMENTS: Type Description D Resolution Plat Resolution D Backup Material Preliminary P lat D Backup Material Final P lat D Backup Material Site Aerial RESOLUTION NO. R52-1 8 APPROVING PRELIMINARY AND FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT PELLICCI 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 November, 2018 at 7:00 P.M. Members Present: Larson, Bernhj elm, Craig Members Absent: Bartholomay, Donnelly Member Bernhj elm and Member Craig introduced and seconded the following: WHEREAS,the preliminary and final plat of Pellicci Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary and final plat on November 13, 2018, 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 Planning Commission reviewed the preliminary and final plat on November 13, 2018, and recommended approval of the plat; and WHEREAS,the City Council reviewed the preliminary and final plat on November 19,2018. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulation: 1. All drainage and utility easements dedicated on Outlot A East Farmington Tenth Addition and Lot 6, Block 2 East Farmington Fourth Addition be vacated prior to recording of the Pellicci Addition re-plat. This resolution adopted by recorded vote of the Farmington City Council in open session on the_19th day of November,2018. / ayor c//_...-41\ Attested to the /? qday of November,2018. i. ratAdmini st SEAL • �; c M- rii C x°0 x°�° x°�° x. x°0 (1)01 ,\e I —� _ a —J J C) 1— _ a — _L— o c J v ri ( , rn x� \,,,, _ _ 4[^'�^�N x0 I ro th � �i \ L \ 03 � lI— \ �, w I— — XD x 01 x °N. x 0 Lu O «--- .�-- --" —_ --� O 1 \\: Lu � � _ / I I I%\\ 1 I_ I I \\// • \\�� Q � G in w L62-- O II 1 /to ii 03 arl ro cc) /\\ O /� co ' r�� 0�0 X � x w= // ( x 1 ' — Ili z o / I• / �/cK ° ' • I IL I 03 ' x° o ' \\I I\\ \\/ri co �� I rkl N I\�// I�/ /v_ N Y C// I t i g - - - �� L i\\ \... 0 . W ■ 1 _ I • 44' ri \ r o p o_ 0 ' 0'06 O �. o\ w II / II // / f ® \ \\- / o I • a \ \ / t _ I I I 1 / I �_. 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Lu Ln (. ) 2 ../ 1_ _ --lo — — 7 I- Jo� -c— O VI L _ L> LU RI i '> II Cl f' +-.a o > — W al C �� N N L 4- �� ` LIJ Q C A = I— a CD V) O -a '-I- J1 / a p 3 0 )0N 89'22 L — o 1 } CD C 030 I— - z L..CO CO M o }' c - fr) CNI U E ro v 0 - � - � - O 0 a) co L W4-, Q I-, oc 4 fu m N U f6 >- 0 H H Z L1 (1) _I N _i _J�(2 I 1 i _ U _ - co I I Dakota County, MN „ ... ..„, "--. --.1*. ii* Hifi, , lirr ^;..,a * ;;< '� ., 4f 4. .s fi14. r .Cd1#n , *. �.. 1 7 r• yr , a+ 4.$,4..'C.,*`„ ; ��imufi,& City of Farmington k + 430 Third Street Farmington, Minnesota ;` 651.280.6800 -Fax 651.280.6899 ' .,,PRO11 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Comprehensive Plan Amendments and Rezoning of the Property Located at 6020 195th Street West DATE: November 19, 2018 INTRODUCTION Giles Properties, Inc. has applied for comprehensive plan amendments and rezoning of the property located at 6020 195th Street W. The property is currently owned by James Hallamek. Tim Giles of Giles Properties, Inc. is the contract purchaser. The comprehensive plan amendments are to change the 2030 land use designation for the five acre parcel from Low Density Residential to Low Medium Density Residential and to include the property in the city's Metropolitan Urban Service Area(MUSA). The rezoning request is to change the zoning of the property from R-1 (Low Density Residential)to R-2(Low/Medium Density Residential). DISCUSSION History of Property& Surrounding Development and Landuses The property is five acres in size and consists of a single-family dwelling and one outbuilding. The subject property is adjacent to single-family residential to the northeast, east and southeast, Meadowview Elementary to the west and south, and agricultural to the north. For reference, I have attached the 2030 Comprehensive Plan Land Use Map depicting the location of the subject property. Intended Use Giles Properties, Inc. is the contract purchaser of the property and is looking to plat the property into a twin home development. Attached, is the development concept plan that shows a total of 16 twin home units over the five acres. The proposed net density is 3.67 units per acre. MUSA As previously mentioned, the application is also to include the property into the city's Metropolitan Urban Service Area(MUSA). The subject property is adjacent to the existing MUSA line along three out of four sides. Water and sewer are available in 195th Street and can be extended to the site. Because of these factors staff is comfortable recommending approval of incorporating the five acre parcel into the Metropolitan Urban Service Area. Planning Commission Review The Planning Commission reviewed the comprehensive plan amendments and rezoning at its meeting on November 13, 2018 and voted 3-0 to recommend approval of these requests. BUDGET IMPACT NA ACTION REQUESTED Approval of the following: 1. Resolution amending the 2030 Comprehensive Plan landuse designation for the five acre parcel located at 6020 195th Street West from Low Density Residential to Low Medium Density Residential as well as the inclusion of the subject property into the city's Metropolitan Urban Service Area. 2. Ordinance rezoning the five acre parcel located at 6020 195th Street West from R-1 (Low Density Residential)to R-2(Low/Medium Density Residential). ATTACHMENTS: Type Description D Backup Material Site Aerial D Backup Material 2030 Comprehensive Plan Landuse Map D Backup Material Development Concept Plan D Backup Material Comp Plan Amendment Resolution D Backup Material Rezoning Ordinance General Location Map ____� _ r /amu; o..'r trc r: - T' f9 `u r ti 40- r -t*! ..tea , t r teilk �1t.. i r w , Y. _ SII /��s,p_(. ! -X m F • iv* � �� AA' ; m ,,-I,44- ,:, ..1„. ,.., ... .. ,'. I///1': i i ./..."`„-:',i".., ax111111, � k 1 ` ' �S', \\,. s .,..,••r ,.. '. t'. . r -'4111 ..-5- . '..-• ' i/Via*, ; ,,,.., _ - - _ -- i ► j "•;41' r - " tr#ss ' :+ • `' .. ` y y. ,_ . ,� ma. ? • � -:ya y. L �,rh= iiii_ , bg 4 t., ` ' x "" if. '�; :�+y'. r:`Y asit r� - � r, m . MIMaw.' Sif.Ey,14nt UM'111111.404 .`!_'1 .� f� icy 'iR 9u:"R"g oxo.,. F ,x~ .f. �°- a October 10, 2018 1:9,600 0 437.5 875 1,750 8 I f S S i ti lI 0 135 270 540 m Property Information Dakota County ;claimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. Existing Land Use TaxPIN 140230050012 IN la, W+Ftk S gs 9) 2 w rd I 1-95TH-S-T-W -- EWING-S-T 140230050012rt Pr4-1Q Z 0 0 Comp Plan Designations Agricultural Medium Density(6.0-12.0 du/ac) o MICommercial - High Density(12.0+du/ac) - Industrial Public/Semi-Public 4�R ri IIy\ IMMixed-Use(Commercial/Residential) - Park/Open Space y,� Low Density(1.0-3.5 du/ac) - Restricted Development �'t s S � 1 Low Medium(3.5-6.0 du/ac) ROW(Right-of-Way) 0 100 200 Feet .4 WO' i I KI 11 I I 11 I n / \\ 11 I \ I I11 N / N �I / / N i 'i v n / — — — I I n I I r I I I \ I I LDi n Q I \, \ N i \ D OMSTNVI-la / n ° 3„c� ,LO .90IS \ / 69'99-b 0.92 \\ 0.90 \ I 1 I I \ •bL6- — , '1J 'OS 999'9 /I '1d 't1 6L9`8 I \ LV, / - ?Li I 'OS 991.16 / 1 ZnI °' I 1 ,\c I I b N. I 1 I 1 I \ ad4, \ \ 6.9z tag 68Z \ 1$°' N N �•Cb (53 N ti� N '1d M \ N d N 8•Z9I w1 c. Lc) M �. N 3 -- -- I — I — — — — , RESOLUTION NO. AMENDING THE 2030 COMPREHENSIVE PLAN FROM LOW DENSITY TO LOW MEDIUM DENSITY FOR 5.00 ACRES OF PROPERTY LOCATED AT 6020 195TH STREET W.AND KNOWN AS THE HALLAMEK PROPERTY AS WELL AS THE INCLUSION OF THE PROPERTY INTO THE METROPOLITAN URBAN SERVICE AREA 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 day of , 2018 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Giles Properties, Inc. has petitioned for a Comprehensive Land Use Amendment for the 5.00 acres of property located at 6020 195'Street W. The said request proposes that the land use designation be changed from Low Density Residential to Low Medium Density Residential as well as immediate inclusion within Farmington's Metropolitan Urban Service Area(MUSA);and WHEREAS,the Planning Commission held a public hearing on the 13th day of November 2018 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 Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendments for the property located at 6020 195th Street W. changing the land use designation for said property from Low Density Residential to Low Medium Density Residential and inclusion of the subject property into the city's Metropolitan Urban Service Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington after taking into account the recommendation of the Planning Commission hereby amends the 2030 Comprehensive Plan for the property located at 6020 195th Street W. from Low Density Residential to Low Medium Density Residential and immediate inclusion of said property within the city's Metropolitan Urban Service Area, subject to approval by the Metropolitan Council. The resolution adopted by recorded vote of the Farmington City Council in open session on the day of ,2018. Mayor Attest to the day of ,2018. City Administrator SEAL CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code,the Farmington Zoning Ordinance,Rezoning 5.00 Acres of Property Located at 6020 195th Street W known as the Hallamek property. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the Hallamek property located at 6020 195th Street W from R-1 (Low Density Residential)to R-2(Low/Medium Density Residential). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5-1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this day of ,2018,by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the day of ,2018. CITY ATTORNEY Published in the Farmington Independent the day of ,2018. 4ikR19,t, City of Farmington s 430 Third Street \1,\:,,....,...4. / iiii Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 i www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Teah Malecha, Finance Director SUBJECT: Financial Review for the Months Ending September 30, 2018 DATE: November 19, 2018 INTRODUCTION Staff reviews the financial performance of the General Fund and several other funds with the city council quarterly review. The financial statements are included in your packet and incorporate more detailed analytical comments. The following provides a more in depth review of the General Fund and highlights notable areas for the other funds included in this review. DISCUSSION General Fund The General Fund is the city's primary operating account. The financial summary for the first nine months is the first attachment. The following will provide explanations for the various revenue items and highlight the more significant expenditure variations. The items reviewed are in the order they appear on the attached General Fund financial statement. Revenues For 2018, budgeted General Fund revenues total$11,434,637. During the first three quarters of the year the city recorded General Fund revenues totaling$6,227,597 or 54% of total budgeted revenues. This is consistent with the prior years. Property taxes represent 75% of total General Fund revenues (including transfers in from other funds). Property taxes are generally payable in two installments, May and October, and collected by the county. The city receives its share from the county in June and December. The first portion of property taxes has been received showing revenues at 52% of the annual budgeted amount. We have also received the first half of the LGA. While there are many reasons the city needs a fund balance(which is similar to an individual's personal net worth), needing to pay its bills between the receipt of tax payments from the county is the most significant reason. As you will note on the attached General Fund fund balance chart, the city struggled to have funds in its General Fund to pay for operations. In the past, the city has had to borrow from other funds to pay its bills. Over the past few years the city has strengthened its fund balance and is now able to pay all of its General Fund bills between the receipt of tax payments, essentially paychecks, from the county without borrowing from other funds That is a significant accomplishment and an important step in becoming a city of fiscal excellence. The other types of revenues in the General Fund consist of licenses, permits, intergovernmental revenue, charge for services, fines, investment income, franchise fees, rental income, etc. Permit revenue includes building, plumbing, heating, electric, etc. permits. The revenue for the first three quarters of 2018 are the same for this time period last year. The city has issued 53 fewer building permits than in 2017. Plumbing, heating, and electric permits are up 15 from 2017. Intergovernmental revenue includes local government aid (LGA), municipal state aid (MS A)maintenance, police and fire aid, etc. The city received the MSA maintenance funds for 2018. LGA is paid in two installments, June and December. Police and fire aid has not been received. The city needs a strong fund balance as many of these items are paid later in the year. Charge for services includes: fire, recreation, school resource officer(SRO), etc., charges. Castle Rock and Eureka townships are billed quarterly for fire protection. Empire, the largest of the three townships, is billed annually, after year-end, per contract. Non-contract(i.e. illegal and/or hazardous) fires charges are billed as they occur. Recreation programs are primarily offered in the summer. The school is billed for their share of the school resource officers human resource costs on a quarterly basis. The first three quarters of the revenues for these items are lower than last year due to higher police and fire charges in 2017. Fine revenue is received the following month. It is currently trending higher than in 2017. Investment interest consists of investment earnings and the city's annual mark-to-market to recognize the change in the market value of its investment portfolio. It has been trending higher than in 2017. Miscellaneous revenues include rental income related to the Rambling River Center(RRC-senior center)and city hall as well as donations. Also included in that category is the $150,000 of fund balance used to lower the 2018 debt levy. Franchise fee revenue in the General Fund represents the transfer of a portion of the city's franchise fee revenue to the General Fund to help pay for city operations. The remainder of the franchise fees are used to pay for the city's cable operations. Expenditures Finance tracks expenditures by department. The following notes explain significant or unusual variations from last year or actual versus budgeted amounts which vary a bit from the expected 75% (e.g. 9 of 12 months)through the end of September in the same order as they appear on the attached General Fund financial report. City hall has an increase over 2017 due to the USDA build-out project. The part-time building inspector changed to a full-time building inspector after the 2017 budget was adopted. As a result, building inspection expenditures are higher for 2018. The city experienced more snowfall in the first quarter of 2018, than in 2017. As a result the 2018 snow removal expenditures are higher this year than last. Natural resources is much lower than last year due to the position being vacant until April 2018. The expenditures for the pool are due to the demolition. Overall, General Fund expenditures, excluding transfers, are at 70% of budget for the first three quarters of the year. RRC, Pool, EDA, Park Improvement and Arena The Rambling River Center(RRC-senior center), EDA(Economic Development Authority), Park Improvement Fund, and Ice Arena activities have historically been of interest to council. They are also included for your review. Rambling River Center(RRC) Rambling River Center revenues are higher than 2017 due to an increase in membership. Members have utilized the federal CDBG (Community Development Block Grant)funds at a lower rate than a year ago. These funds are attributable to the RRC activity, but are recorded elsewhere so finance can more easily track federal dollars. Pool The pool is permanently closed. There costs incurred were for the demolish of the pool. EDA The EDA revenues included the receipt of funds related to a CDBG grant for a building roof completed. The payment for the roof was made at the end of 2017. Disbursements included the pass-through of CDBG funds and the city's annual Open to Business membership fee. Park Improvement Fund The Park Improvement fund received the park development fees for Regetta in the second quarter and from Mesenbrink Construction in the third quarter. Arena Revenues are lower than in 2017 due to lower rental income. Expenditures are trending higher at 79% for the first three quarters of the year. Liquor Operations The city has two financial benchmarks for its liquor operations. The first is a 25% gross profit margin. For the first three quarters of the year both stores exceeded the gross profit margin target. The second standard is a 6%profit as a percent of sales. This is evaluated on a combined basis. For the first three quarters, the stores reached 7.3%. The 2018 results are slightly behind last year's pace, which was 7.5% through the first three quarters. For 2017, the stores exceeded the profit as a percent of sales total. The liquor stores are on track to meet that benchmark once again this year. After each calendar year, staff reviews the financial results for the two liquor stores combined, determines the amount of funds needed to cover day-to-day operations and administrative transfers to the General Fund. The remaining funds are divided evenly and transferred into the Community Investment and Capital Improvements accounts. This is referred to as the four pots philosophy. Each year staff utilizes actual financial results to fund these four pots. Staff periodically makes recommendations to council on how to best invest available dollars in the Community Investment pot to benefit the community. Meanwhile, the capital improvement dollars are available for future liquor store capital building needs (e.g. remodeling, updating, relocation, possible building, etc.). Enterprise Funds The city operates five utility funds: sewer operations, solid waste, storm water, water, and street lighting. S ewer Operations For the first three quarters of 2018 revenues trended higher than 2017. Over the years, the increase in MCES (Metropolitan Council Environmental Services) fees have outpaced city fee increases until 2018. These are the fees charged to the city to treat its sewer water. The fees reflect an increase in the cost to treat the volumes processed. The fees have increased roughly$490,000 over the course of 10 years. Solid Waste For the first three quarters of 2018 solid waste expenses exceeded revenues. There were increased expenses during the first three quarters of 2018 due to the timing related to the purchase of additional garbage carts and increased recycling charges. The fund balance is being used to offset the increase in tipping fees per the 2018 budget. Storm Water Revenues exceeded expenses during the third quarter of 2018. The street sweeper was purchased accounting for roughly$184,000 of the expenses. For all of the city's utility funds, the billing cycle (revenue) lags the recording of expenses. For example, the city bills every three months. The January billing includes November and December of the previous year, as well as January of the current year. So, two-thirds of that billing cycle is attributable to the prior year and is recorded as such in the financial statements. This means that at the end of this year, the financial statements will remain open so that we can capture the revenues related to the current year, which will not be billed out until January and February of the following year. Additional comments, which may be of interest to you, including those for the water and street light funds are contained in the comment section of the attached financial statements. BUDGET IMPACT The budget impacts have been noted above as appropriate. ACTION REQUESTED This is your opportunity to ask any questions you may have of the material presented. ATTACHMENTS: Type Description o Backup Material General Fund -YTD Ended September 30, 2018 D Backup Materia] General Fund Chart-YTD Ended September 30, 2018 D Backup Material Liquor-YTD Ended September 30, 2018 D Backup Material Utilities -YTD Ended September 30, 2018 General Fund September 2018 YTD Operating Report September YTD Quarters Quarter2 Quarters September YTO December VTD September YTD September YfO Company Actual Actual Actual Actual Actual Budget Actual Budget YID Act ee%et Comments 2017 3015 2016 2015 2019 2018 Variance 20111 Bud 2015 Revenues Property Taxes 4.732915 0 4,932395 0 4,833,306 9467,815 (4,534.500) 52%First portion of property taxes received during 2nd quarter.Delinquent taxes are more than double the amount received in 2017. Licenses 42,026 18,010 9,785 9.365 37.110 48.700 (11,520) 76%Includes liquor,beer8 wine,club arcade,massage,gambling,animal,etc. Permits 321.052 53697 114777 112,814 321.087 361,711 (40,524) 89%Includes building,plumbing and heating,electric,etc.permits.Fewer building permits have been issued in 2018(415)compared to 2017(468).There has been a slight Increase in plumbing,heating,and electric permits that have been issued In 2018(776)compared to 2017(761). Intergovernmental Revenue 751.282 122,801 5,532 310356 438679 080,838 (447657) 49%Includes Local Government Aid(LGA),Municipal State Aid(MSA)Maintenance, Police and Fire Aid,etc.Received MSA for road maintenance.LGA is paid M two installments,July and December.Police and Fire Aid have not been received. Charge for Service 315,553 82,798 96.436 51,154 250.380 410000 (179.612) 59%Includes fire,recreation and pool,school resource officer,etc.charges.Castle Rock and Eureka are billed quartery ler fin charges/contract.Empire,largest amount,billed annualy,after year-end/contract Noncontract(i.e.illegal, hazardous)fire charges are billed as they occur.Recreation programs printery held in the summer.School resource officer is billed quarterly.Received payments from Eureka end Castle Rock first half fire charges and SRO first half payments. Higher police and he charges In 2017 than 2018. Fines 32,352 12303 10235 10.390 37,929 35000 2.928 101%2018 revenues higher than anticipated. Investment Interest 29356 15675 11676 22678 49,520 31.000 18628 191%Intestment comings atblbutable to General Fund's proportionate share of investment balances. Uisutlane0us 37,006 12,855 10.534 10,400 33,594 193,775 (160,181) 17%Includes Sr Center,Cy Hag rental Income,and donations.Budget number reflects $150,000 additional revenue that is being used to offset the debt levy ea approved by Council Received donations for Music and Movie In the Park.The pool R closed permanent'. Franchise Fees 120,000 0 58,556 56,749 115,606 120.000 (4,394) 96%A portion of the eggs franchise fee is used to pay for the citys General Fund operations.The remainder is used to pay for the city's cable operation. Subtotal Revenues 6,391,546 357,529 9255,141 914,126 9237,887 11,514,537 (5,357,040) 54% ErzpendiWtes Legislative 54805. 13.564 14,630 35,170 63,564 09,379 (23,515) 71% Mbtorlul Preservation 0 0 0 0 0 0 0 Administration 189,108 60,952 81.195 125381 249.000 366,550 (117,542) 88%Includes settlement agreement payment Elections 0909 791 2,611 13,811 17,213 25.021 (19008) 41%Provision for annual election equipment maintenance tea and ongoing Opining. Communications 78,762 34,540 21,082 22.281 77,102 109341 (31,439) 71% City Mall 127.651 43,986 49370 156,757 250153 224,395 25,758 111%Higher costs than 2017 due to USDA build-out. Finance and Risk Ugmt 534.792 155.440 180.650 155.705 501,085 732,495 (231,4001 0e%... Human Resource 206.474 73.040 74,435 78,772 227655 330,631 (103675) 69% Polk*Administration 806,607 215.174 151,062 182.503 579.038 550,568 (271.528) N%On a combined basis Police Admin,Patrol&Invest are 70% Petrol Services 2038.522 692,618 575,510 671,157 2,043,264 2750,258 (701,974) 74%Ona combined basis Police Admin,Patrol&Invest are 70% Investigations 477,929 148,881 173,155 172.158 492,705 043669 (351,154) 56%One combined bask Police Admin,Patrol B Invest are 70% Emergency Management 163 54 54 5,263 5401 8,850 (1.240) 81%Siren repair Fin 763,494 100,405 197.076 315351 563.641 1.168,352 (495,511) 50% Rescue 0 0 0 9 0 0 0 Engineering 337,073 137,768 147,927 515,071 434.564 568,573 (134.0091 76%Higher wages in 2018 than 2017 due to Assistant Engineer position being Iliad at the end of 2017. Planning 255.589 94.903 124,680 53,101 312371 433,575 (1207041 72%Includes comp plan expenditures. Bulking Inspection 283,592 101,593 10,238 100,539 292589 367652 175,183) 90%Increased Logis costs in 2018. Natural Reeources 68,988 0,308 6,545 28.050 40921 138,001 (59680) 30%Position was vacant until April. streets........... 741,910 231311 237,051 251,205 721,057 1.055,798 (364741) 88% Snow Removal 101.031 109,521 89.172 7,951 185.654 227.377 (41723) u%More snow in 2018 then 2017.As a result,sand,salt,vechlle parts and staff time were higher than a year ago.More sod repair in 2018. Park Maintenance 481.502 137,351 174,151 195,970 209.003 553,873 (144791) 75% Rambling River Center 116.410 10.164 37.040 37322 114,234 177,225 (52,191) 64% Park a R.Admin 167.612 61,043 57,873 65,329 154,145 264,004 (70.1591 70% Recreation Programa 79,418 0.426 37.581 37669 10,378 112,661 (32,102) 71% Swimming Pool 116,760 1,352 513,529 0 57,801 74,733 (19542) 77%Pool Closed in 2018.Cost of demo. Interest Paid 0 0 0 0 0 0 0 Bad Debt Expense 8 0 0 a O 0 Subtotal Expenditures 7,152,148 2,547,773 2511,331 2,104,524 1,133,927 11,631,209 n,4s7,a421 70% Revenues(Over)Under Expenditures (1.141,1021 (2,180,244) 2574110 (2.268,687) (1,100,0311 (56321 (1,159511) Other Financing Tranefere In 864,0013 299.094 291,094 299.094 897.222 1,195,376 (299,054) 75% Trenafem Out (795.940) (249.136) (249.538) (249,936) (7493001 899.744) 249,936 75% Subtotal Other Financing 157,060 40,1511 49,156 45,158 147,474 196,632 (45,1501 79% Net Change In Fund Balance (1,304,0431 8,141,8951 2,623,769 (2,241,239) (1,748,667) 150,000 (1.905,5971 11111111111111 >°<- W +• m iSN N LLJ O III . o • a ,r.. > w +■ 0 0, ,,, z s ■ ,--il. 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C 4.7. c > C .▪ o ffco 2 c > c .o E O u _ c t � w � `� r`gC9 a1- ea) ., I- . . 2 c9 aQ F > � Et, v0 =,' c. al O :. x d m O Q x d O LL e} Ce 0 C7 W K CZ 0 0 W OL U 0 • Sewer,Solid Waste,Storm Water,Water&Street Lights September 2018 YTD Operating Report September YTD Quarter 1 Quarter 2 Quarter 3 September YTD December September YTD September YTD Company Actual Actual Actual Actual Actual YTD Budget Actual Budget YTD Act as%of Comment 2017 2018 2018 2018 2018 2018 Variance 2018 Bud 2018 Revenues(Sewer) 1,388,886 405,575 513,645 525,806 1,445,025 2,070,357 (625,332) 70% Trending slightly higher than 2017. Expenses-(Sewer) 1,143,967 342,174 336,093 325,602 1,003,869 2,003,644 (999,775) 50% There was a decrease in MCES (Metropolitan Council Environmental Services)fees. Revenues Over Expenses(Sewer) 244,919 63,401 177,551 200,204 441,156 66,713 374,443 661% Transfers Out(Sewer) 238,595 74,624 74,624 74,624 223,871 298,494 (74,623) 75% Net Change in Fund Balance(Sewer) 6,325 (11,222) 102,928 125,580 217,286 (231,781) 449,067 (94)% Revenues(Solid Waste) 1,449,866 416,200 521,507 529,728 1,467,435 2,163,362 (695,927) 68% 2018 is trending higher than in 2017.Waste abatement higher in 2018 to increase reuse and reduce campaign. Expenses-(Solid Waste) 1,343,381 473,446 599,104 461,438 1,533,987 2,387,984 (853,997) 64% Revenues Over Expenses(Solid Waste) 106,485 (57,246) (77,596) 68,290 (66,552) (224,622) 158,070 30% Transfers In(Solid Waste) 47,887 16,712 16,712 16,712 50,135 66,846 (16,712) 75% Transfers Out(Solid Waste) 146,004 34,967 34,967 34,967 104,900 139,866 (34,967) 75% Net Change in Fund Balance(Solid Waste) 8,368 (75,501) (95,851) 50,035 (121,317) (297,642) 176,325 41% Revenues(Storm Water) 463,960 155,829 199,673 190,130 545,631 744,787 (199,156) 73% Storm water rate increase in 2018. Expenses-(Storm Water) 115,420. 214,515 22,291 26,282. 263,088 852,487 (589,399) 31%Street sweeper purchased. Revenues Over Expenses(Storm Water) 348,540 (58,686) 177,381 163,848 282,543 (107,700) 390,243 (262)% Transfers Out 289,113 92,735 92,735 92,735. 278,204 370,939 (92,735) 75% Net Change In Fund Balance(Storm Water 69,427 (151,421) 84,647 71,113 4,339 (478,639) 482,978 (1)% ; :4 7rfi " `8 �:� •« '�_ ..� »si^ <.n: ,T�vii,<;s Revenues(Water) Water Availability Charges 52,710 5,020 17,570 20,080 42,670 67,000 (24,330) 64% Correlates to building permit activity. Net Interest Income 70,117 30,729 36,251 42,276 109,255 70,900 38,355 154% Higher rate of interest income than 2017. Rental Income 178,350 88,218 49,282 40,232 177,731 213,885 (36,154) 83% Reflects wireless companies(ex. Sprint,ATT,Verizon)rental of space on the drys water towers. Enterprise Sales 957,077 184,520 270,809 482,121 937,450 1,150,000 (212,550) 82% All Other Revenues 24,029 3,439 173,422 16,010 192,870 25,690 167,180 751% Correlates to building permit activity. The majority is allocated to Regetta. Total Revenues 1,282,283 311,925 547,334 600,718 1,459,977 1,527,475 (67,498) 96% Expenses-(Water) 440,050 121,341 115,687 295,109 532,137 1,775,587 (1,243,450) 30% Revenues Over Expenses(Water) 842,233 190,584 431,647 305,609 927,840 (248,112) 1,175,952 (374)% Transfers Out(Water) 313,963 100,806 100,806 100,806 302,419 403,225 (100,806) 75% Net Change in Fund Balance(Water) 628,270 89,777 330,841 204,803 625,422 (651,337) 1,276,759 (96)% u: Res ' r ?`:^. -• :r x^s - ': '^ €�,ssyc,, Revenues(Streetlight) 152,816 40,594 56,525 56,922 154,041 225,300 (71,259) 68% Expenses 138,557 42,752 40,893 52,294 135,940 209,200 (73,260) 65%. Revenues Over Expenses(Street Light) 14,259 (2,158) 15,631 4,628 18,101 16,100 2,001 112% )125/2018 4:27:39 PM Page 1 of