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HomeMy WebLinkAbout08.21.23 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, August 21, 2023 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 6. CITIZENS 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 7.1. Minutes of the August 7, 2023 Council Work Session Agenda Item: Minutes of the August 7, 2023 Council Work Session - Pdf 3 - 6 7.2. Minutes of the August 7, 2023 Regular City Council Meeting Agenda Item: Minutes of the August 7, 2023 Regular City Council Meeting - Pdf 7 - 11 7.3. Designate a Temporary Building Official and Approve a Joint Powers Agreement with the City of Lakeville to Provide Building Official Services Agenda Item: Designate a Temporary Building Official and Approve a Joint Powers Agreement with the City of Lakeville to Provide Building Official Serv - Pdf 12 - 19 7.4. 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas Agenda Item: Approve the 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas - Pdf 20 - 22 7.5. Joint Powers Agreement with Dakota County for CSAH 31/206th Street Turn Lane Modifications 23 - 44 Page 1 of 131 Agenda Item: Joint Powers Agreement with Dakota County for CSAH 31/206th Street Turn Lane Modifications - Pdf 7.6. Purchase of a new Western Tornado Hopper Spreader from Aspen Equipment Agenda Item: Purchase of a new Western Tornado Hopper Spreader from Aspen Equipment - Pdf 45 - 48 7.7. Approve Bills Agenda Item: Approve Bills - Pdf 49 - 50 Approve Bills 7.8. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 51 7.9. Updated Personnel Policies Agenda Item: Approve Updated Personnel Policies - Pdf 52 - 81 7.10. Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Agenda Item: Adopt Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center - Pdf 82 - 83 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS Rambling River Park Master Plan City Council is asked to listen to the presentation, ask any questions you have, and then discuss and approve the final updated master plan for Rambling River Park. Agenda Item: Rambling River Park Master Plan - Pdf 84 - 131 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 2 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 7, 2023 Council Work Session Meeting: Regular Council - Aug 21 2023 INTRODUCTION: For City Council's review are the minutes of the August 7, 2023 Council Work Session. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the August 7, 2023 Council Work Session. ATTACHMENTS: 08.07.23 Work Session Minutes Page 3 of 131 City of Farmington City Council Work Session Minutes Monday, August 7, 2023 The Farmington City Council met in a work session on Monday, August 7, 2023, in the City Hall Council Chambers, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Work Session to order at 5:00 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Deanna Kuennen, Community Development Director Chris Regis, Finance Director Justin Elvestad, Fire Chief Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Porter to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays. 3. DISCUSSION ITEMS 3.1 2024 Draft Budget Discussion City Staff have been working on the preparation of the 2024 budget since May of this year. Staff have done an excellent job of submitting what they believe are the needs of their departments for the upcoming year. In the preparation of the budget, Staff incorporated the City Council priorities, which are Business Growth, Community Engagement, Infrastructure Support, and Employee Engagement. Details of the draft budget were includ ed in the Council’s packet. Numerous factors brought the proposed 2024 tax levy to where it stands today. A few of these include: Page 4 of 131 City Council Work Session Minutes August 7, 2023 Page 2 of 3 • Economic Development Authority levy of $150,000 • 3% cost of living and wage adjustment for Staff • Increase in pay plans to the 75th percentile of the market • New finance/accounting/payroll software • New inspection/permit software • Increase in internal IT charges The establishment of the 2024 budget will set the framework for our financial health and work plan for the next year. Discussion and comments: • The City is in a much better financial position than in past years and, for the most part, we know what we need for projects and when to do them. • A grant writer .5 FTE position could become full-time and shared with another agency. This position will make a difference in applying for things we need. • Interested in monitoring and gathering statistics on the 75th percentile for wages. Staff can track this easily. Other Cities are also going to the 75th percentile. 67% of the City’s budget is for employee costs. • Investment income adjusted to the market; last 18 months the market value hasn’t been able to keep up. Negative changes for two years in a row. • Capital project fund and trail maintenance includes a $170,000 budget transfer and existing cash in the fund. Rating focuses on factors such as going through a park, things nearby, as well as the bituminous conditions. We need to be smart on how we plan projects; therefore, the trail on Akin Road was included within the road project. • Appreciate the thoroughness and predictability that the Capital Improvement Project shows over the next five years. • Emerald Ash Borer (EAB) – competition and limited number of contractors and equipment may cause price increases. This is an area to either add to the levy or find another funding source. Staff has a list of trees to be removed. There are a lot less to be injected; many are too far gone. • Solid waste funds – possible uses could be EAB or Rambling River Park. Salt storage funding could possibly be used for EAB. • The cost to remove a tree is $1,200 on average. EAB disposal has to be controlled. Suggestion to offer $500 to homeowners to remove a tree and choose from specific vendors; however, Staff would be managing all of these vendors. Currently, Staff work in areas and get them all done at the same time. • $94,000 increase for LED lighting and bleachers at the arena is one price heavily funded by residents but used more by non-residents. Facility assessments performed by Kraus Anderson should be back in September for discussion at the Council Work Session. Page 5 of 131 City Council Work Session Minutes August 7, 2023 Page 3 of 3 • Surprised to see the levy under 10%. Appreciate the time and thoroughness in the work Staff has put into this. • The City has been able to hire additional Staff in Parks, allowing the department to accomplish more. • Residents are seeing things getting done in the community, which builds trust and helps the City get to a standard of service. • The School District levy referendum should be decided on within the next two weeks. • When we tell our story, manage the expectations of our residents, and return what they are expecting, they see the City investing in the community. General direction: • What is the predictability factor if Staff takes the CIP and use the 2024 proposed budget, add 5% escalator on every line, estimate the next fi ve years, and show what that effect would have on revenues and potential debt. There are bigger CIP plans in 2025 and 2026 – do we need a bigger increase this year to be caught up? • Council is comfortable with what is proposed. Find funding for some areas and update the American Rescue Act Plan (ARPA) list. • Councilmember Wilson would like to see $30,000 allocated to the CIP moved up from 2025 to 2024. • To set the preliminary levy by September 18, 2023, Council agreed to an August 21, 2023, Special Work Session for continued discussion. 4. COUNCIL COMMITTEE UPDATE No update. 5. CITY ADMINISTRATOR UPDATE No update. 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Porter to adjourn the meeting at 6:26 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 6 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the August 7, 2023 Regular City Council Meeting Meeting: Regular Council - Aug 21 2023 INTRODUCTION: For City Council's review are the minutes of the August 7, 2023 Regular City Council Meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the August 7, 2023 Regular City Council Meeting. ATTACHMENTS: 08.07.23 Council Minutes Page 7 of 131 City of Farmington Regular Council Meeting Minutes Monday, August 7, 2023 The Farmington City Council met in regular session on Monday, August 7, 2023, in the City Hall Council Chambers, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community Development Director Chris Regis, Finance Director Justin Elvestad, Fire Chief Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Others Present: Paul McGlynn and Cullen O’Neil – Great Oaks Academy 4. APPROVE AGENDA Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None. Page 8 of 131 Regular City Council Minutes August 7, 2023 Page 2 of 4 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS • David Pritzlaff, 20255 Akin Road, addressed the Council with questions regarding the Akin Road construction project and would like to receive notifications of any future workshops on this topic. He would like copies of all Council approvals for the project. • Mark McLaughlin, 4825 203rd Street West, addressed the Council regarding water and drainage issues on his property, traffic and speed limit on Akin Road, and suggested a pedestrian overpass. • Carolyn Ryan, 208 Walnut Street, addressed the Council regarding the condition of homes downtown. She will send a list of addresses to the City Administrator. 7. CONSENT AGENDA 7.1 Council Work Session Minutes for July 17, 2023 7.2 Regular City Council Minutes for July 17, 2023 7.3 Special Council Work Session Minutes for July 24, 2023 7.4 Resolution No. R54-23 Accepting the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority (EDA) and Setting a Public Hearing for September 5, 2023 7.5 Bills for July 12 – August 1, 2023 7.6 Financial Review for the Quarter Ending June 30, 2023 7.7 Staff Changes and Recommendations 7.8 Agreement with McNamara Contracting, Inc. for Flagstaff Meadows Park Trail Construction Project in the Amount of $54,325 7.9 Resolution No. R52-23 Accepting a Donation of $108.90 from Happy Harry’s Furniture for the Rambling River Center 7.10 Resolution No. R53-23 Accepting a Donation of Flowers from the Farmington Rotary for the Downtown Motion was made by Councilmember Lien and seconded by Councilmember Bernatz to approve the Consent Agenda, as amended. Motion carried: 5 ayes / 0 nays. 8. PUBLIC HEARINGS 8.1 Appeal of a Planning Commission Decision Regarding a Conditional Use Permit for Expansion of a Charter School Within the B-2 Zoning District Mayor Hoyt opened the public hearing at 7:25 p.m. Planning Manager Wippler presented. City Attorney Koch noted that Councilmember Porter will recuse herself from voting on this item. Council asked questions and received answers from the applicants, Paul McGlynn and Cullen O’Neil. Page 9 of 131 Regular City Council Minutes August 7, 2023 Page 3 of 4 The following citizens addressed the Council during public comment: Name Address Parris Gjerde 19732 Meadowlark Way Dave Marsh 204 1st Street Jackie Dooley 313 Walnut Street Kristi Rhoades 617 Spruce Street Robert Richardson 35 Elm Street Patricia Sullivan 1008 2nd Street Mary Gjerde 19732 Meadowlark Way Eric Speckan 708 5th Street Becky LaBeau 20731 Dyers Pass Mayor Hoyt closed the public hearing at 9:11 p.m. Council discussion ensued. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to affirm the Planning Commission decision to deny, adopt the associated findings of fact, and adopt Resolution No. R55-23 Denial of an Application for an Amendment to a Conditional Use Permit to Enlarge a Public Charter School at the Property Located at 115 Elm Street, Farmington, Minnesota. Motion carried: 4 ayes / 0 nays / 1 abstain – Councilmember Porter recused herself. 9. AWARD OF CONTRACT None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS None. 12. NEW BUSINESS 12.1 Parks and Recreation Advisory Commission Appointment Motion was made by Mayor Hoyt and seconded by Councilmember Bernatz to appoint Cody Fishman to the Parks and Recreation Commission, pending a successful background investigation. Motion carried: 5 ayes / 0 nays. Page 10 of 131 Regular City Council Minutes August 7, 2023 Page 4 of 4 13. CITY COUNCIL ROUNDTABLE • City Attorney Koch’s Grandmother, Ann Miller, recently celebrated her 100th birthday with her family. • Councilmember Bernatz reminded everyone that it’s Fair Week. • Councilmember Porter thanked Jackie Dooley and Ross Schulz for applying for the Parks and Recreation Commission. She hopes everyone enjoys the Dakota County Fair. • Councilmember Wilson thanked Officer Jason Amundson for his 17 years with the Farmington Police Department. • Director Omlid said the preferred concept plan for Rambling River Park is posted on the City’s website under Current News and also on Facebook. The Parks and Recreation Commission will be reviewing the plan at their regular meeting scheduled for Wednesday, August 9th, at 7:00 p.m. at City Hall. • Director Regis said the Finance Department is working on the initial stages of the certification project. 14. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adjourn the meeting at 9:48 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 11 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Designate a Temporary Building Official and Approve a Joint Powers Agreement with the City of Lakeville to Provide Building Official Services Meeting: Regular Council - Aug 21 2023 INTRODUCTION: Ken Lewis, Building Official, is retiring with his last day being August 31, 2023. Minnesota Statutes 326B.133 requires that each municipality shall designate a Building Official to administer the building code. Furthermore, municipalities are not allowed to issue permits without a designated Building Official. The City of Farmington is in the process of hiring a new Building O fficial, however that process will not be finalized before September 1, 2023. To ensure that building division operations and customer service continues, state statues also allow two or more communities to combine in the designation of a Building Official for the purpose of administering the provisions of the code within their communities. Staff has reached out to the City of Lakeville seeking temporary building official services on a short-term basis until a permanent Building Official is appointed. DISCUSSION: The City of Farmington is required to designate a Building Official in order to issue building permits. The City of Farmington is in the process of hiring a new Building Official, however that process hasn't been completed at this time. To prevent a possible scenario where the City was unable to issue permits - Staff has been working with the City of Lakeville to have their Building Official provide building official services to Farmington on a contract basis. Per state statues, two or more communities can combine in the designation of a Building Official for the purpose of administering the provisions of the code. Understanding that this is a temporary service, the City of Lakeville is willing to enter into a Joint Powers Agreement whereas the City of Lakeville will provide a Minnesota-licensed Building Official to support and oversee building inspections staff, review building and related permit applications, conduct necessary inspections, and ensure that the requirements of the State Building Code, as well as all applicable State and Federal laws, rules and regulations are met, and will issue permits consistent with Farmington City ordinances. The attached draft Joint Powers Agreement has been drafted and reviewed by the attorneys. The agreement is for a term of 30 days starting September 1, 2023. BUDGET IMPACT: Page 12 of 131 There will be a fee for service associated with the Building Official duties. This is expected to be minimal and will be offset with the vacancy of the position. ACTION REQUESTED: Approve Resolution R56-23 Appointing a Temporary Building Official and Approving Joint Agreement with the City of Lakeville. ATTACHMENTS: R56-23 Appointing Temporary Building Official and Approving Joint Agreement with City of Lakeville Draft JPA - City of Farmington and Lakeville - Building Official Services Page 13 of 131 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R56-23 RESOLUTION APPOINTING A TEMPORARY BUILDING OFFICIAL AND APPROVING JOINT AGREEMENT WITH THE CITY OF LAKEVILLE WHEREAS, Minn. Stat. § 326B.133 requires that the City designate a certified building official to administer the application, administration, and enforcement of the state building code; and WHEREAS, after the resignation of Ken Lewis, effective August 31, 2023, City Staff requested short-term building official support from the City of Lakeville until a new building official is selected; and WHEREAS, Lakeville and Farmington have created a Joint Powers Agreement, attached hereto as Exhibit “A” to facilitate the joint exercise of building official duties in the short-term. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Farmington: 1. The Joint Powers Agreement attached hereto as Exhibit “A” is hereby approved. 2. [NAME] is hereby designated as the Building Official for the City of Farmington effective upon the adoption of this Resolution. 3. The Mayor, City Administrator, and City Clerk are authorized to execute all documents to enter into the Agreement and complete whatever forms are necessary to complete this designation including notifying the relevant state agencies. Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of August 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 14 of 131 Resolution No. R56-23 Page 2 of 2 EXHIBIT A [attach JPA] Page 15 of 131 Page 1 of 4 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKEVILLE AND THE CITY OF FARMINGTON THIS AGREEMENT (“Agreement”) is entered into this ____ day of ______________, 2023, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Lakeville”) and the CITY OF FARMINGTON, a Minnesota municipal corporation (“Farmington”), hereinafter collectively referred to as the “Cities.” RECITALS WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting cities; and WHEREAS, Minnesota Statutes § 326B.133 subd. 1 authorizes two or more municipalities to combine in the designation of a building official for the purpose of administering the provisions of the code within their communities; and WHEREAS, the City of Lakeville employs a building official on staff; and WHEREAS, Farmington desires to have Lakeville provide building official services to Farmington on a contract basis. NOW, THEREFORE, Lakeville and Farmington agree as follows: 1. BUILDING OFFICIAL SERVICES. As per Farmington’s request, Lakeville will provide a Minnesota-licensed Building Official to support and oversee Farmington’s building inspection staff, review building and related permit applications, conduct necessary inspections, and ensure that the requirements of the State Building Code as well as all applicable State and Federal laws, rules, and regulations, and will issue permits consistent with Farmington City ordinances. 2. EMPLOYEE STATUS. Lakeville’s employee providing building official services to Farmington shall remain an employee of Lakeville and shall not be deemed an employee of Farmington for any purpose. Lakeville shall maintain liability and errors and omissions insurance on its building official at all times in amounts not less than the tort liability limitations set out in Minn. Stat. 466.04, and shall maintain all required workers’ compensation insurance on such employees. 3. INDEMNIFICATION. Each city shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers and agents), from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney’s Page 16 of 131 Page 2 of 4 fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each city’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). a. Each city warrants that it has a purchased insurance or has a self-insurance program. b. Duty to Notify. Each city shall promptly notify the others of any claim, action, cause of action or litigation brought against the party, its employees, officers, agents, or subcontractors, which arises out of the services contained in this Agreement and should also notify the other cities whenever any city has a reasonable basis for believing that the city, and/or its employees, officers, agents , or subcontractors, and/or the other cities might become the subject of a claim, action, cause of action or litigation arising out of the services contained in the Agreement. 4. PAYMENT FOR SERVICES. Farmington shall pay Lakeville for building official services $146.93 per hour. Lakeville shall invoice Farmington monthly for services rendered and Farmington shall pay the invoices within thirty-five (35) days of receipt of an invoice. 5. TERM. This Agreement is for thirty (30) days starting September 1st, 2023, but may be terminated by either party upon seven (7) days written notice to the other party. 6. DOCUMENTS. All documents relating to building official services in Farmington, including electronic data prepared under this Agreement, shall be the property of Farmington and will be collected and maintained in a manner as deemed appropriate by Farmington consistent with its records retention schedule. When not using Farmington property files in the field, the Building Official shall store all files related to building permits issued by Farmington at the Farmington City Hall or digitally in the locations designated by Farmington. 7. MINNESOTA GOVERNMENT DATA PRACTICES ACT (Minn. Stat. Chap.13 and related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minn.Stat.Chap.13 and related statutes), as amended, the Minnesota Rules implementing such Act, as amended, as well as Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be identified by each party. 8. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the parties and contains the entire agreement of the parties related to building inspection services. Page 17 of 131 Page 3 of 4 9. AMENDMENTS. Any modification or amendment to this Agreement shall require a written agreement signed by all parties. 10. NOTICE. Any notice, statement or other written documents required to be given under this Agreement shall be considered served and received if delivered personally to the other party, or if deposited in the U.S. First Class mail, postage prepaid, as follows: a. Notice to: City of Lakeville City Administrator 20195 Holyoke Ave Lakeville, Minnesota 55044 b. Notice to: City of Farmington City Administrator 430 Third Street Farmington, Minnesota 55024 CITY OF LAKEVILLE By: Luke Hellier, Mayor By: Justin Miller, City Administrator Page 18 of 131 Page 4 of 4 CITY OF FARMINGTON By: Joshua Hoyt, Mayor By: Shirley R Buecksler, City Clerk Page 19 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas Meeting: Regular Council - Aug 21 2023 INTRODUCTION: At the July 24, 2023, City Council Work Session, Staff presented the citywide Pavement Condition Index (PCI) ratings on a color-coded map. Before obtaining a scope and budget for engineering, we wanted to confirm the proposed project areas are acceptable to the City Council. DISCUSSION: Two major contracts are recommended for pavement work in 2024; the 2024 Street and Utility Improvements; and the 2024 Mill & Overlay Project. Project areas are described as follows and are also identified on the attached map. 2024 Street and Utility Improvements • 6th Street from CSAH 74 (Ash Street) to 200 feet south of Walnut Street. • Maple Street from 4th Street to 6th Street. • Maple Street east of 6th Street. 2024 Mill & Overlay Project • Upper 182nd Street from CSAH 31 (Pilot Knob Road) to Dunbury Avenue. • Euclid Street/Path from Upper 182nd Street to Englewood Way. • Embry Avenue from Echo Lane to Embers Avenue. • Embers Avenue from 195th Street to Dunbury Avenue. • 208th Street from Edmonton Avenue to east end. • Eaton Avenue from 208th Street to 530 feet south. • 213th Street from TH 3 to Cambodia Avenue. • 9th Street from TH 3 to Spruce Street. • Spruce Street form TH 3 to 10th Street. The PCI was a key component in selecting these above road segments; roadways that typically carry a higher traffic load were also given priority. The two projects will follow the same timeline, a preliminary schedule is provided below. August 2023 Project scoping Page 20 of 131 August-September 2023 Selection of design consultant; sanitary and storm sewer televising; initial neighborhood meeting; wetland delineation (as needed) September-October 2023 Prepare feasibility report; geotechnical investigation; topographic surveys; identify easement needs (if any); initial inter-agency coordination (as needed) October-December 2023 Final design; preparation of plans and specifications; final utility coordination December 2023 Final plan review; preparation for bidding; permits, Advertisement for Bids January-February 2024 Open bids, award construction contract February 2024 Pre-construction meeting March 2024 Neighborhood meeting April/May 2024 Begin construction (as weather permits) September, 2024 Substantial completion of construction October, 2024 Final completion October, 2026 Two-year warranty inspection As noted previously, we expect to follow a similar schedule each year to allow adequate time to scope the projects, gather data on utility conditions, complete topographic surveying before snow, and bid projects early in the year. BUDGET IMPACT: The proposed Capital Improvement Program (CIP) includes $3,000,000 per year for street and utility improvements, and an additional $1,000,000 per year for mill & overlay projects. The limits of the proposed work areas were identified based on these amounts. ACTION REQUESTED: Approve the 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas ATTACHMENTS: 2024 Proposed Project Areas 082123 Page 21 of 131 Page 22 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Joint Powers Agreement with Dakota County for CSAH 31/206th Street Turn Lane Modifications Meeting: Regular Council - Aug 21 2023 INTRODUCTION: Dakota County is removing an existing southbound bypass lane and installing a left turn lane that will increase transportation system efficiency, improve safety and maximize existing highway capacity along County State Aid Highway (CSAH) 31 (Pilot Knob Road) at the intersection of 206th St West. As 206th Street is a city roadway, Dakota County has prepared a Joint Powers Agreement (JPA) for City consideration. DISCUSSION: Dakota County has been evaluating traffic volumes and safety enhancement options for this intersection. The City supports their efforts to enhance safety and preserve roadway capacity at this location. Much of the proposed pavement work at this location has already been completed. The City Attorney has reviewed the proposed JPA. As there may be minor changes, JPA approval is subject to the City Attorney's final approval. BUDGET IMPACT: The County will provide funding in accordance with the Dakot a County 2040 Transportation Plan adopted cost participation policies F.1 through F.19; a copy of these policies is attached. Specifically, the Replacement and Modernization language within Table 4 addresses improvements for turn lanes. On this project, the County will participate 85 percent and the City shall participate 15 percent of the construction costs for the project. The cost split based on estimated quantities and the unit prices of the low bidder yields a City cost of $43,041.27 and a County cost of $243,900.53. The funding source will be the Sealcoating Maintenance Fund, account 5702; this is the same account used for annual street maintenance, mill & overlay, and aggregate replacement activities. ACTION REQUESTED: Approve the Joint Powers Agreement with Dakota County for the CSAH 31/206th Street Turn Lane Modifications ATTACHMENTS: Page 23 of 131 JPA CSAH 31 and 206th Street Turn Lane Modifications JPA Cost Participation Exhibit 2040 Transportation Plan F.1 thu F.19 Page 24 of 131 Dakota County Contract #DCA20729 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT-OF-WAY, CONSTRUCTION, MAINTENANCE, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 31-108 CITY PROJECT NO. XX-XX SYNOPSIS: Dakota County and the City of Farmington agree to design engineering, right-of- way acquisition and construction of the County State Aid Highway (CSAH) 31 (Pilot Knob Road) southbound left turn lane at 206th St West in Farmington, Dakota County. Dakota County Project Number (DCP) 31-108 is a replacement/modernization intersection project to convert an existing bypass lane to a left turn lane that will increase transportation system efficiency, improve safety and maximize existing highway capacity along County State Aid Highway (CSAH) 31 (Pilot Knob Road) at the intersection of 206th St West. Page 25 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 2 THIS JOINT POWERS AGREEMENT (“Agreement”), is made and entered into by and between the County of Dakota ("County") and the City of Farmington ("City"), and witnesses the following: WHEREAS, under Minnesota Statutes sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County and the City are proceeding with County Project 31-108 and City Project XX-XX to improve safety at the intersection of County State Aid Highway (CSAH) 31 (Pilot Knob Road) and 206th Street West by converting the bypass lane into a dedicated left turn lane (the “Project”); and WHEREAS, to more efficiently deliver the Project, the County and the City mutually desire to partner with one another in exercising their joint powers to complete preliminary and final design, right-of-way acquisition, construction, administration, and maintenance of the Project; and NOW, THEREFORE, it is agreed the County and City will share Project responsibilities as detailed in this Agreement and, in accordance with the County’s adopted cost share policy, jointly participate in Project costs as set forth herein. The above recitals are incorporated by reference and are made a part hereof as if fully set forth below. 1. Administration. The County shall be the lead agency for design, right-of-way acquisition, construction, construction administration, and maintenance of the Project. Subject to the requirements below, the County and the City shall each retain final decision-making authority within their respective jurisdictions. 2. Engineering Costs. “Engineering Costs” shall be defined as design engineering costs, including public involvement, agency involvement, preliminary/final design, plans, specifications and proposal, surveying, mapping, consultant engineering, right-of-way mapping, construction engineering, construction management, construction Page 26 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 3 inspection and all related materials testing, including the cost of County and City staff time for these purposes. 3. Construction Costs. “Construction Costs” shall be defined as all highway and roadway construction items, including removals; mobilization and traffic control, temporary widening or other measures if required as part of traffic control or project staging; mitigation as required by state and federal permits including accessibility requirements; replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to construction; wetland mitigation and banking; and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the current Dakota County Transportation Plan. 4. Cost Share. After application of all applicable cost sharing provisions of this Agreement and Dakota County 2040 Transportation Plan cost sharing polices F.1 through F.19 the County will participate in the Project as defined below after deducting federal and state cost participation amounts. The County will provide funding for the Project in accordance with the adopted cost participation policy F.1, Table 4 for Replacement and Modernization, which includes improvements for turn lanes. Except as otherwise set forth herein, t he County will participate 85 percent and the City shall participate 15 percent of the Engineering Costs, right-of-way acquisition and Construction Costs for the Project. Reference Exhibit A for cost split estimates based on the bid received from McNamara Contracting, Inc. Exhibit A does not account for the materials testing cost share that will be determined at the close of construction. Actual cost splits will be based on realized construction costs. 5. Aesthetic Elements. The County will not participate in the cost share of aesthetic elements for the Project including, but not limited to, decorative pavements, trail lighting, undergrounding of private utilities, landscaping and plantings. The Page 27 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 4 responsibility for maintenance of all aesthetic elements shall be in accordance with County policies included in the current adopted Dakota County Transportation Plan. 6. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the current adopted Dakota County Transportation Plan. 7. Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the Project, electrical power necessary for the operation of the streetlights (including roundabout lighting, trail lighting and underpass lighting) and maintenance of the streetlights will be provided in accordance with County policies included in the current adopted 2040 Dakota County Transportation Plan policy F.17 street lighting maintenance. 8. Right-of-Way. No right-of-way acquisition was identified as part of the final design of the Project. If any easements are necessary for completion of the Project during construction, the County, as the lead agency, will undertake all actions necessary to acquire, including but not limited to, temporary highway right-of-way, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. The costs of acquiring any necessary right-of- way for the Project, shall be shared based on the County’s and City’s share of the final construction costs in accordance with the current Dakota County Transportation Plan and Cost Participation policy F.3 Right-of-Way. If necessary, the City shall convey to the County, at no cost, all necessary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent City-controlled real property for Project purposes. Additionally, if necessary, the City shall convey rights to the County, at no cost, all public easements and rights-of-way necessary for Project purposes, including the right to grade within drainage and utility easements as necessary. Any right-of-way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right- of-way needed for the highway improvements shall be the responsibility of the City. 9. Plans, Specifications and Award of Contract. The County will prepare plans and specifications consistent with County and City design standards, State-Aid design standards and MnDOT standards and specifications. The parties’ mutual concurrence Page 28 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 5 with the plans and specifications is required prior to advertising for bids. Within 7 days of opening bids for the construction contract, the lead agency shall submit a copy of the low bid and an abstract of all bids together with the request for concurrence by the State in the award of the construction contract to the lowest responsible bidder. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. 10. Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid, County and City standards, specifications, and policies to the satisfaction of the County and City. The County and City reserves the right to inspect construction materials and methods as needed. 11. City Utilities. The City shall pay all other costs associated with City utilities not impacted as part of the Project. The City shall be responsible for the maintenance of all such utility facilities after the completion of the Project. 12. Project Cost Updates. The lead agency must provide updated cost estimates showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the lead agency at the following times: • prior to approval of the appraised values for any necessary right-of-way acquisitions; • prior to advertising a construction contract; • after bid opening (prior to contract award); • during construction if total contract changes exceed $25,000; • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for Engineering Costs, right-of-way acquisition, utility relocation, construction, and administration. Page 29 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 6 The parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 13. Payment. The County shall administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as Project work progresses and when certified by the City or County Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 14. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project’s cost participation must be approved by the authorized representative of each party prior to execution of work. The City’s appointed representative is John Powell, Public Works Director/City Engineer, and the County’s appointed representative is Todd Howard, Assistant County Engineer, or their successors. Both parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 15. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 16. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after July 1, 2024. Page 30 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 7 17. Final Acceptance. Final completion of the Project must be approved by both the County and the City. 18. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within City-owned right-of-way. The County shall be responsible for all pavement maintenance within County-owned right-of-way unless necessitated by a failure of a City utility system or installation of new City-owned facilities. 19. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the County right-of-way is necessary to repair or install water, sanitary sewer, or other City utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above-described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. 20. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules, and contract administration procedures unless amended by the contract specifications. 21. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by Page 31 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 8 the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the City as additional insured in the contract documents. 22. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of the County’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 23. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 24. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the Project; whether written Page 32 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 9 or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the construction provided for in this Agreement. 25. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA Erin Laberee, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7100 Erin.Laberee@co.dakota.mn.us CITY OF FARMINGTON John Powell, Public Works Director /City Engineer (or successor) 430 Third St. Farmington, MN 55024 Office: 651-280-6800 jpowell@farmingtonmn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] Page 33 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 10 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: By Joshua Hoyt, Mayor (SEAL) John Powell, Public Works Director By Leah Koch, City Attorney Date By Shirley R Buecksler, City Clerk Date: Page 34 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 11 COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: __________________________ By: __ County Engineer Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION KS No. 23-075 Date: February 28, 2023 Page 35 of 131 Dakota County Contract #DCA20729 CP 31-108 August 4, 2023 Page | 12 EXHIBIT A CP 31-108 (SAP 019-631-058) Estimated Construction Cost Split (Final cost splits based on actuals) Page 36 of 131 CP 31‐108 SAP 019‐631‐058 Cost Split ‐ Initial Quantity Cost 1 2021.501 MOBILIZATION LS 10,000.00$       1 10,000.00$        2 2104.502 REMOVE SIGN TYPE C EACH 42.00$               1 42.00$                3 2104.502 SALVAGE SIGN EACH 50.00$               1 50.00$                4 2104.513 SAWING BITUMINOUS PAVEMENT L F2.00$                 1656 3,312.00$           5 2106.507 EXCAVATION ‐ COMMON (P) C Y 25.00$               1162 29,050.00$        6 2106.507 EXCAVATION ‐ SUBGRADE C Y 10.00$               1001 10,010.00$        7 2106.507 SELECT GRANULAR EMBANKMENT (CV) C Y 15.00$               1001 15,015.00$        8 2106.507 COMMON EMBANKMENT (CV) (P) C Y 15.00$               1879 28,185.00$        9 2118.509 AGGREGATE SURFACING CLASS 2 MOD TON 50.00$               54 2,700.00$           10 2123.510 COMMON LABORERS HOUR 70.00$               5 350.00$              11 2123.510 DOZER HOUR 125.00$             5 625.00$              12 2123.510 10 CU YD TRUCK HOUR 100.00$             5 500.00$              13 2123.510 3.0 CU YD FRONT END LOADER HOUR 125.00$             5 625.00$              14 2123.610 TRACTOR MOUNTED BACKHOE HOUR 150.00$             5 750.00$              15 2123.610 SKID LOADER HOUR 125.00$             5 625.00$              16 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) C Y 65.00$               251 16,315.00$        17 2232.504 MILL BITUMINOUS SURFACE (2.0") S Y2.00$                 8033 16,066.00$        18 2357.506 BITUMINOUS MATERIAL FOR TACK COAT (P) GAL 1.00$                 527 527.00$              19 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 150.00$             154 23,100.00$        20 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,B) TON 75.00$               1266 94,950.00$        21 2563.601 TRAFFIC CONTROL LS 20,000.00$       1 20,000.00$        22 2564.518 SIGN PANELS TYPE CS F 60.00$               14 840.00$              23 2564.602 INSTALL SIGN TYPE C EACH 200.00$             1 200.00$              24 2574.505 SOIL BED PREPARATION ACRE 600.00$             0.88 528.00$              25 2574.508 FERTILIZER TYPE 2LB1.00$                 264 264.00$              26 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 S Y1.00$                 4265 4,265.00$           27 2575.505 SEEDING (P) ACRE 300.00$             0.88 264.00$              28 2575.508 SEED MIXTURE 25‐151 LB 6.00$                 158 948.00$              29 2582.503 4" SOLID LINE MULTI COMP L F0.40$                 8867 3,546.80$           30 2582.503 24" SOLID LINE MULTI COMP (WR) L F 11.00$               239 2,629.00$           31 2582.518 PAVT MSSG MULTI COMP S F 11.00$               60 660.00$               * Sign Panels Type C quantity reflects bid sheet quantity of 6.3. Plan quantity is 14 adding $462 to the Contract. Total 286,941.80$                              SAP 019‐631‐058 243,900.53$                              Farmington Non‐Part 43,041.27$                                 Line  No Item No Description Unit Unit Price Estimated Total Page 37 of 131 A-3 PP.18 Hazardous Wastes and Materials Manage hazardous wastes and hazardous materials in accordance with Dakota County Ordinance No. 111, Hazardous Waste Regulation, and applicable state and federal hazardous waste and hazardous materials regulations. PP.19 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) for transportation construction projects in conformance with MPCA permit requirements and develop soil erosion control plans and practices for transportation projects. Work with local watersheds to implement their plans to clean, infiltrate and manage water. PP.20 State and Federal Requirements Adhere to state and federal requirements in soliciting comments regarding construction of the transportation network. PP.21 Minnesota Data Practices Act Make available to the public all policies, guidelines and plans concerning highways consistent with the Minnesota Data Practices Act. PP.22 Capital Improvement Program - Agency Involvement Involve affected units of government, transit providers and other partners in the annual development of the CIP. PP.23 Multi-Disciplinary Work Teams Solicit input from and involve all interested parties in the planning and design of transportation projects to properly reflect community and environmental values. PP.24 Manage the Adopt-a-Highway Program Manage a program whereby the public can adopt segments of the county highway system to assist in keeping the highway right-of-way clean. Goal 1: Limited Resources are Directed to the Highest Priority Needs of the Transportation System F.1 Cost Participation - Roadway For cities with populations over 5,000, the county will participate in engineering and construction costs for county highway and associated improvements as defined in Table 4 after deducting federal and state cost participation amounts, for the following cost-shared items, individually or in combination, for projects included in the adopted County CIP: 1. Highway construction. 2. Mitigation required by local, state and federal permits, including accessibility requirements. 3. Eligible storm sewer and other drainage facilities based on contributing flows meeting State Aid sharing factors. 4. Replacement or restoration of fences, landscaping, and driveways when affected by construction. 5. Centerline drainage culverts. 6. Existing traffic signals as part of a roadway project. Page 38 of 131 A-4 7. Replace or adjust sanitary sewer, water, and storm sewer systems, if required due to county highway construction. 8. Replace or adjust privately owned public utilities when utilities exist within privately held easements. 9. Eligible water pollution control best management practice items based on the county's share of contributing flows and meeting National Pollution Discharge Elimination System (NPDES) standards such as outlet structures, sedimentation basins and ponds, and temporary erosion control. This includes recognition of the best management practices and systems necessary to meet all local, county, state or federal storm water treatment requirements. 10. Trail and sidewalks along county highways including pedestrian crossing improvements such as beacons, median refuges and bump outs, and overpasses or underpasses, including the Transportation share of greenway crossings, as deemed necessary by the county for safe accommodation of pedestrians and bicycles in the highway right-of-way. 11. Lighting of sidewalks and trails adjacent to county highways in marked school zones and pedestrian crossings in county highways right-of-way. 12. Transit infrastructure improvements on highways, including bus pullouts, bus shelter pads, and other pedestrian facilities determined necessary to support transit. The county will be responsible for 100 percent of the costs of existing pavement retained and/or rehabilitated through mill and overlay, resurfacing, reclamation, or other methods, as part of the final project. Applicable cost share policies will be applied to all other new construction or reconstruction involving excavation, installation, and placement of other new or reconstructed infrastructure. All other maintenance responsibilities not stated within a policy are county responsibilities. This policy (F.1) also is applied to the county highway portion of trunk highway projects. Page 39 of 131 A-5 Investment Goal Activities by County/City Share NOTE: The county is responsible for operation, maintenance and power cost for enhanced or dynamic signing unless otherwise noted. F.2 Cost Participation - Aesthetic Participate in aesthetics up to three percent of the county share of highway construction costs (excluding right-of-way, bridges, ponds, and storm sewers) prior to application of federal, state, or jurisdictional transfer funds. The county share of aesthetic participation may not exceed the local cost share for aesthetics. Aesthetics may include landscaping, plantings, decorative pavements, surface treatments, or decorative fencing. The county will not participate in aesthetics on preservation or management projects. Aesthetic elements are subject to clear zone and sight line requirements, may not hinder normal maintenance operations, or degrade safety or operation of the highway, including trail or sidewalk facilities. The county will not participate in additional ri ght-of-way necessary for only aesthetic enhancements. The local agency is responsible for maintenance of all aesthetic elements. Failure to maintain aesthetic elements may result in the local agency no longer being eligible for aesthetic funding participation. The county reserves the right to remove non- maintained aesthetic elements and recover costs from the local agency. Please refer to individual policies for specific details. Investment County City Cost Share Goal Activities Share Share Comments Policy Paved Highway Surface 100% 0% Gravel Highway Surface Bridge Rehabilitation Preservation Traffic Safety and Operation F.17 Pedestrian and Bicycle Facilities F.8 Retaining Wall Rail Crossings Storm Sewer Maintenance up to Up to 80% County for leads and up to 80% F.7 80%City for mainline Small Safety Projects up to 100%F.15 Management Roundabouts up to 15%+15% City share per City leg F.13 85% New Traffic Signals 55% 45%F.4 Highway Replacement 85% 15%Includes improvements such as turn lanes, F.1 Replacement and Bridge Replacement medians, shoulders, trails, sidewalks and F.2 Modernization Gravel Road Paving school zone and pedestrian crossing lighting. F.3 Lane Reductions Does not include additional through lanes, F.19 2- to 3-Lane Modernization small safety projects, traffic signals or interchanges. Signal Replacement and Modernization up to Cost split per leg F.4 100% Replacement and Aesthetics up to Up to 3% of construction cost F.2 Modernization 3% and Expansion Principal Arterials - non-Freeway 85% 15%Does not include small safety projects,F.1 traffic signals or interchanges F.2 10-ton Routes and 6-lane -1/2 mile spacing 75% 25%Does not include small safety projects,F.3 Expansion roundabouts, traffic signals or interchanges F.14 All Other Expansion Projects 55% 45% Interchanges avg. legs Average of legs Table 4. Dakota County Highway Cost Share Policy Overview Page 40 of 131 A-6 F.3 Cost Participation - Right-of-Way For cities with populations over 5,000, the county will participate in the cost of right-of-way for county highway and associated improvements as defined in Table 4 for existing highways where right-of-way is required for: 1. The construction of items described in F.1, (1-11), F.4 (Traffic Signals), and F.13 (Roundabouts) provided city land use decisions have supported right-of-way needs in the corridor. 2. The county's portion of storm sewer and other drainage facilities based on contributing flows meeting State Aid sharing factors. 3. The county portion of water pollution control best management practice items based on the county's share of the contributing flows and meeting NPDES standards. This includes recognition of the best management practices and systems necessary to meet all local, county, state or federal storm water treatment requirements. F.4 Cost Participation – Traffic Signals Traffic signals on county highways including construction costs for attached streetlights, interconnection, pre-emption, etc., will be eligible for the following county engineering and construction item participation after subtracting federal and/or state funds as follows: 1. New traffic signal installation, both independent installations or when included with a broader highway project, up to 55 percent county funds. 2. Existing traffic signal replacement or modernization including operational revisions for independent intersection projects such as flashing yellow arrows and pedestrian indications up to the percentage of intersection approach legs under county jurisdiction. 3. 100 percent of traffic signal removals and any directly associated intersection revision construction costs as independent or included in a broader highway project. 4. County standard for signal poles is galvanized. Initial painting and maintenance re-painting costs are aesthetic and is at city cost. F.5 Cost Participation Involving Federal and State Funds Subtract from the county eligible project costs, funds received from regional federal solicitation, Trunk Highway Fund, Trunk Highway Jurisdictional Transfer Fund, or federal or state grants, with the balance of remaining costs divided according to applicable county policies. F.6 Cost Participation for Populations Less Than 5,000 Pay all costs for eligible construction and reconstruction for county highway improvements in cities with populations less than 5,000 and all townships. F.7 Cost Participation for Storm Sewer System Maintenance Share the cost of city maintenance of the following elements of county transportation facility storm water drainage systems: 1. Roadway catch basins and pipes connecting catch basins to mainline pipes are eligible for up to 80 percent county participation, or the county share of contributing flows, whichever is less. 2. Mainline pipes at a minimum of 20 percent or the county’s share of contributing flows, whichever is greater. 3. Storm water treatment and mitigation facilities based on the county's share of contributing flows. Page 41 of 131 A-7 4. To be eligible for county participation, a system-wide maintenance agreement between the county and local agency will be required to identify system-wide storm water roles and cost responsibilities. These cost share agreements are for actual repair and replacement projects and not for routine maintenance activities such as cleaning. 5. To be eligible for county participation, storm sewer repair and maintenance projects must be included in the currently adopted CIP or be approved by the county prior to incurring costs. F.8 Multi-Use Trails and Sidewalk Maintenance Participate in pavement preservation, overlay, or reconstruction of trails and sidewalks along the county highway system up to 100 percent. The city is responsible for snow and ice removal. To be eligible for county participation in trails and sidewalks, a system-wide maintenance agreement between the county and local agency will be required to identify system-wide trail and sidewalk roles and cost responsibilities. F.9 Transit Capital and Operating Consider participation in transit capital and operating enhancements, or pilot projects, up to 50 percent after application of federal or state funds available for the project as determined by the county. F.10 Tax Increment Financing (TIF) Costs Subtract from the county eligible project costs, the costs of highway improvements or other highway costs (e.g. turn lanes, traffic controls, etc.), which are, in the determination of the county, the result of tax increment financing plan or an amendment to a TIF plan with the balance of costs divided according to policies. County Board resolution is required for any significant deviation from this policy. F.11 Township Allotment Fund As requested by the township and approved by the County Engineer, use the "township allotment" to fund: 1. 50 percent of township road or bridge construction projects. 2. Intersection lighting of county highways, including energy costs. (Energy costs will be submitted on an annual basis.) 3. Sign replacement funding. F.12 Capital Improvement Program Annually prepare and review the five-year Transportation, Transportation Sales and Use Tax and Regional Railroad Authority CIP’s. F.13 Cost Participation – Roundabouts Participate up to 85 percent of the costs for eligible engineering and construction items, including streetlights and other features determined as necessary for operation, for roundabouts as described in Policy F.1. as follows: o County Intersections: 25 percent base level of participation plus 15 percent for each county approach leg of the intersection. o Trunk Highway Intersections: 85 percent for each county leg of the intersection after application of federal and/or state funds. The county does not participate in strictly aesthetic elements for roundabout projects. Page 42 of 131 A-8 F.14 Cost Participation – Future County Road Segments At county discretion, participate in the construction and engineering costs in accordance with F.1 for constructing local roadways that are identified as future county highway segments to county standards, over and above the costs that would have been incurred to construct the segment to city collector street standards. F.15 Cost Participation – Small Safety Projects The county may participate up to 100 percent of the engineering and construction costs of the following project types based on county review or prioritization to improve the safety of the transportation system, provided that they would not otherwise be included in a larger management, replacement and modernization or expansion project, or permit request: 1. Median closures or modifications; 2. Access closures or modifications; 3. Streetlights at intersections, marked pedestrian crossing locations and lighting along county highway trails within school zones with demonstrated safety benefit based on county evaluation – Participate up to 100 percent for power and maintenance costs; 4. Turn lanes or channelization at the intersection of two county highways; 5. Pedestrian crossing improvements including median refuges, bump outs, and pavement markings; 6. Guardrail Installation; and 7. ADA required safety improvements including curb ramps, sidewalk and bus shelter pads, and sidewalk connections within county highway right-of-way. F.16 Cost Participation – Local Roadway System The county may participate up to 85 percent, as defined on Table 4, of the costs for construction of local roadways necessary to directly mitigate physical, safety or operational deficiencies on the county highway system. Actual participation amount shall be based on the quantifiable benefit to the county highway system, as determined by the county based on engineering study. Local roadway construction costs that will be considered include: 1. Costs associated with relocation and construction of portions of the local roadway system to provide for its continuity and operation at a level that approximates its condition prior to construction of a county highway project. 2. Costs associated with improvements necessary to adequately accommodate county highway traffic detoured onto a local roadway during county highway construction. 3. Costs to improve local roadways to adequately accommodate traffic turning from the county highway onto a local roadway due to the addition of turn lanes on the county highway. 4. Costs directly associated with removal or consolidation of existing access to the county highway system. 5. Costs associated with construction of a local roadway that directly mitigates an existing county highway safety or operational issue or directly eliminates or significantly delays the need to expand the county highway system. F.17 Traffic Signal and Street Lighting Power Costs and Maintenance Responsibilities Participate in the maintenance and power costs for new and replacement traffic signals and standard streetlights as follows. Aesthetically enhanced and decorative streetlights are subject to Policy F.2. A. New and Replacement Page 43 of 131 A-9 a. Installation (New and Replacement) Streetlights at intersections, marked pedestrian crossing locations and lighting along county highway trails within school zones with demonstrated safety benefit based on county evaluation – Participate up to 100 percent for power and maintenance costs. b. Street lighting at roundabouts – The county will be responsible for power costs and maintenance on county-county and state-county intersection roundabouts and the city will be responsible on city-county intersection roundabouts. c. Street lighting, maintenance and power costs for traffic signals – The county will participate in power costs for traffic signals including the streetlight up to the percentage of intersection approach legs under county jurisdiction. The streetlights must be energy saving and connected to the service cabinet. Street lighting is the luminaire, pole and all wiring located above the signal mast arm. The city is responsible for maintenance of streetlights and all costs for unmetered services. Painting maintenance of streetlights for signals is 100 percent city responsibility. B. Existing a. Energy saving light retrofits - The county does not participate. Cities may elect to retrofit streetlights at their cost and by permit through the county. F.18 County Advanced Funding for City Cost Participation The county will consider advancing the local share of a project, consistent with adopted county cost participation policies, in the approved CIP’s by agreement with the city involved when all the following criteria are met: 1. The county determines there is a need on the county transportation system that should be addressed sooner than city funding allows. 2. The county has the available funds to pay the city cost share at the time the cost will be incurred. 3. The city submits a request to the county explaining the reason(s) for the county to advance fund their share. 4. The plan for city repayment is defined in an agreement between the city and county. 5. County advance funding is limited to a maximum 3-year period. F.19 Left Turn Lane/Access Permit Process In cities over 5,000 in population, the county will participate up to 85 percent of one half (42.5 percent) of the engineering, right-of-way and construction costs for left turn lanes required by the county through the access permitting process on high speed, two-lane, undivided county highways to accommodate a new access across from an existing access that does not have an existing left turn or bypass lane. For locations in cities under 5,000 in population or townships, the county may participate up to 50 percent of the engineering, right-of-way and construction costs. Goal 2: Preservation of the Existing System P.1 Bridge Inspection and Maintenance Perform inspection and maintenance of bridges in compliance with state statutes, MnDOT, and federal requirements. Page 44 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a new Western Tornado Hopper Spreader from Aspen Equipment Meeting: Regular Council - Aug 21 2023 INTRODUCTION: Public Works staff has identified a piece of equipment which would allow staff to distribute materials in areas with space restrictions, primarily alleys. Purchase of a Western Tornado Hopper Spreader, which can slide into the bed of our existing vehicles, is recommended. DISCUSSION: The specifications and a few sample images for the Western Tornado Hopper Spreader are attached. Features include the following: • One piece poly construction. • Covered hopper. • Built in conveyor. • Spinner/spreader can be adjusted to a range of broadcast widths. • Easy installation and storage. This equipment will be used for a variety of routine materials to be distributed such as salt, sand, and aggregates. BUDGET IMPACT: The total quote amount is $9,711.00 using the State of Minnesota Contract 230110. The funding will be shared equally between Street Maintenance equipment 1072.6220 and Snow Removal Services equipment 1073.6220; with $4,855.50 charged to each line item. ACTION REQUESTED: Approve the Purchase of a Western Tornado Hopper Spreader from Aspen Equipment ATTACHMENTS: Aspen Equipment Tornado Quote 071223 Tornado Specifications Tornado Images Page 45 of 131 QU I P M E N T " Adi v i s i o n at MG X Eq u i p m e n t Se r v i c e s . 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As p e n Eq u i p m e n t , LL C . wi l l ma k e ev e r y re a s o n a b l e ef f o r t to en s u r e th a t in s t a l l a t i o n s ar e co m p l e t e d wi t h o u t ad d i t i o n a l ch a r g e s to th e cu s t o m e r . 1o f 1 Page 46 of 131 Tornado(TM) Specifications Imperial 1.5 cu yd 1.8 cu yd 2.5 cu yd Vehicle Compatibility 3/4- & 1-Ton Pickup Trucks 3/4- & 1-Ton Pickup Trucks Dump Body or Flatbed Trucks (Over 15,000 lb GVWR) Material Compatibility Bulk Salt, 50/50 Salt/Sand Mix, Sand Bulk Salt, 50/50 Salt/Sand Mix, Sand Bulk Salt, 50/50 Salt/Sand Mix, Sand Capacity 1.5 cu yd 1.8 cu yd 2.5 cu yd Spreading Width Up to 40'Up to 40'Up to 40' Approx. Weight (Empty)591 lb 660 lb 734 lb Overall Dimensions (LxWxH)107.5" x 63" x 53"115.5" x 63" x 53"115.5" x 63" x 60" Hopper Dimensions (LxWxH)96" x 45" x 44"104" x 45" x 44"104" x 45" x 51" Body Side Length 7'8'8' Min. Bed Length 76"84"84" Motor Dual Electric, 12V, Sealed Dual Electric, 12V, Sealed Dual Electric, 12V, Sealed Conveyor Width 16.5"16.5"16.5" Spinner Size 15.5"15.5"15.5" Hopper Construction Polyethylene Polyethylene Polyethylene © 2010-2023 Douglas Dynamics, LLC. All Rights Reserved.1Page 47 of 131 Page 48 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Approve Bills Meeting: Regular Council - Aug 21 2023 INTRODUCTION: Attached is the August 2, 2023 – August 14, 2023 City Council check register and recently processed automatic payments for your review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the attached payments. ATTACHMENTS: City Claims Report 08 21 2023 Page 49 of 131 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS 1,316,471.42$ PROCESSED AUTOMATIC PAYMENTS 349,880.51$ GRAND TOTAL 1,666,351.93$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT August 21, 2023 The City Council will receive a list of claims paid (claims detail) and it is available to the public upon request. Page 50 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Aug 21 2023 INTRODUCTION: Approve the appointment of seasonal employees. DISCUSSION: Staff is recommending the appointment of six employees to be Seasonal Arena Supervisors. They include new hires and others who have been employed with the city in the past. They include Tyler Borlik, Ethan Coyer, Kevin Conrad, Michael Fors, Rodney Koch, and Jacob Novak. Staff is also recommending Molly Burmeister be appointed as a seasonal Skate Supervisor. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Tyler Borlik Ethan Coyer, Kevin Conrad, Mich ael Fors, Rodney Koch, and Jacob Novak as seasonal Arena Supervisors and Molly Burmeister as a seasonal Skate Supervisor. Page 51 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Updated Personnel Policies Meeting: Regular Council - Aug 21 2023 INTRODUCTION: The changes in recent laws surrounding the use of cannabis require the City to update the related commercial and non-commercial drivers' drug and alcohol personnel policies. DISCUSSION: The legalization of adult use of cannabis at the state level requires the City to update its personnel policies relating to commercial and non-commercial driver's drug use and testing. Existing policy 3.14 - Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations will be replaced with 3.14 DOT-Drug and Alcohol Testing Workplace Policy. Existing policy 3.15 Drug and Alcohol Testing Policy will be replaced with 3.15 Non -DOT Drug Testing and Drug Free Workplace Policy. Minnesota Statute Chapter 342 - Regulation of Adult-Use Cannabis was created when Governor Walz signed Session Laws Chapter 63 legalizing adult use of cannabis in Minnesota. While cannabis use is legal at the state level, there have been no changes to federal law. Under federal law, cannabis (and THC, the active ingredient) remains a schedule 1 controlled substance. Employees who are required to hold a commercial driver's license (CDL) are regulated by federal law and supervised by the Department of Transportation. Federal law preempts state law related to cannabinoid use. This means the city will continue to follow our drug -testing procedures related to CDL holders regardless of state law protections. In addition, employees who carry firearms cannot lawfully use marijuana under federal law. The new law also excludes safety-sensitive positions, peace officers, firefighters, and positions funded by federal grants. The proposed policies will continue to prohibit employees from being under the infl uence of cannabis products while at work and a maintain drug -free workplace. Under the Occupational Safety and Health Administration (OSHA) General Duty Clause, employers are required to furnish a safe workplace for employees. To ensure employees are knowledgeable in the new regulations, the City will be training all supervisors on the updated policies and also providing reasonable suspicion training. This will teach Page 52 of 131 supervisors about the behavioral signs and symptoms of drug and cannabis use, as well a s how to document observations of potential impairment. BUDGET IMPACT: Training funds are included in the 2024 budget. ACTION REQUESTED: Approve updated policies 3.14 DOT-Drug and Alcohol Testing Workplace Policy and 3.15 Non-DOT Drug Testing and Drug Free Workplace Policy. ATTACHMENTS: DOT-Drug-and-Alcohol-Testing Workplce Policy Non-DOT-Drug-Testing-and-Drug-Free-Workplace Policy Page 53 of 131 City of Farmington, Minnesota Drug and Alcohol Testing for Commercial Drivers Policy Purpose and Objectives The City of Farmington (“City”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The City is concerned about providing a safe workplace for its employees, and while the City does not intend to intrude into the private lives of its employees, it is the goal to provide a work environment conducive to maximum safety and optimum work standards. Alcohol and drug abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The use, possession, manufacture, sale, transportation, or other distribution of controlled substance or controlled substance paraphernalia and the unauthorized use, possession transportation, sale, or other distribution of alcohol is contrary to this policy and jeopardizes public safety. In response to regulations issued by United States Department of Transportation (“DOT”), the City has adopted this Policy on Alcohol and Controlled Substances for employees who hold a commercial driver’s license (CDL) to perform their duties. The City also has a separate Policy on Controlled Substance and Alcohol Testing for employees not covered by DOT and Federal Motor Carrier Safety Administration (FMCSA) regulations. Given the significant dangers of alcohol and controlled substance use, each applicant and driver must abide by this policy as a term and condition of hiring and continued employment. Moreover, federal law requires the City to implement such a policy. To ensure this policy is clearly communicated to all drivers and applicants, and in order to comply with applicable federal law, drivers and applicants are required to review this policy and sign the “Certificate of Receipt” portion. Because changes in applicable law and the City’s practices and procedures may occur from time to time, this policy may change in the future, and nothing in this policy is intended to be a contract, promise, or guarantee the City will follow any particular course of action, disciplinary, rehabilitative or otherwise, except as required by law. This policy does not in any way affect or change the status of any at-will employee. Any revisions to the Federal Omnibus Transportation Employee Testing Act and Federal Motor Carrier Safety Administration (FMCSA) regulations will take precedent over this policy to the extent the policy has not incorporated those revisions. Persons Subject to Testing & Types of Tests All employees are subject to testing who job duties include performing “safety-sensitive duties” on City vehicles that: Page 54 of 131 1. Have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or 2. Have a gross vehicle weight rating or gross vehicle weight of 26,0001 or more pounds whichever is greater; or 3. Are designed to transport 16 or more passengers, including the driver; or 4. Are of any size and are used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). The following functions are considered safety-sensitive: • all time waiting to be dispatched to drive a commercial motor vehicle • all time inspecting, servicing, or conditioning a commercial motor vehicle • all time driving at the controls of the commercial motor vehicle • all other time in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) • all time loading or unloading a commercial motor vehicle, attending the same, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle • all time repairing, obtaining assistance, or attending to a disable commercial motor vehicle. The City may test any applicant to whom a conditional offer of employment has been made and any driver for controlled substance and alcohol under any of the following circumstances: Pre-Employment Testing. All applicants, including current employees seeking a transfer, applying for a position where duties include performing safety-sensitive duties described above, will be required to take an alcohol test prior to the first time a driver performs a safety-sensitive function for the City, but only after a conditional offer of employment has been made. No applicant, including current employees seeking a transfer, will perform safety-sensitive functions unless the driver has received a controlled substance test result from the Medical Review Officer (“MRO”) indicating a verified negative test result. In addition to pre-employment controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return to duty requirements within the preceding three years. The City will contact the candidate’s DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above and review the testing history if feasible before the employee first performs safety-sensitive functions for the city. Beginning in 2020, an applicant must provide consent to the city, and successfully pass a full query of the Federal Motor Carrier Safety Administration’s Clearinghouse. In addition, at least once a year, the City will conduct a limited query of the Clearinghouse for each currently employed CDL driver. If the limited query reveals that the Clearinghouse has information about resolved or unresolved drug and alcohol program violations by a candidate or current employee, Page 55 of 131 he or she will be asked to provide electronic consent to a full query of the Clearinghouse (unless he or she has previously provided electronic consent). In the event a full query of the Clearinghouse reveals unresolved violation information for a candidate or current employee, the driver will not be permitted to perform safety-sensitive functions, including the operation of a Commercial Motor Vehicle and, in the case of a candidate, may have their conditional offer of employment rescinded or, in the case of a current employee, may be subject to discipline. Post-Accident Testing. As soon as practicable following an accident involving a commercial motor vehicle operating on a public road, the City will test each surviving driver for controlled substances and alcohol when the following occurs: • The accident involves a fatality or • The driver receives a citation for a moving traffic violation from the accident and an injury is treated away from the accident scene or • The driver receives a citation for a moving traffics violation from the accident and a vehicle is required to be towed from the accident scene. The following chart summarizes when DOT post-accident testing needs to be conducted: Type of accident involved Citation issued to the DOT covered CDL driver? Test must be performed by the City i. Human fatality YES YES NO YES ii. Bodily injury with immediate medical treatment away from the scene YES YES NO NO iii. Disabling damage to any YES YES motor vehicle requiring tow away NO NO A driver subject to post-accident testing must remain readily available or the driver will be deemed to have refused to submit to testing. This requirement to remain ready for testing does not preclude a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary medical care. Post – Accident Controlled Substance Testing Drivers are required to submit a urine sample for post-accident controlled substance testing as soon as possible. If the driver is not tested within thirty-two (32) hours after the accident, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not promptly administered. Page 56 of 131 Post- Accident Alcohol Testing Drivers are required to submit to post-accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two (2) hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If eight (8) hours have elapsed since the accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The City may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if: • The tests are conducted by federal, state, or local officials having independent authority for the test, and • The tests conform to applicable federal, state, or local testing requirements, and • The test results can be obtained by the City. Whenever such a test is conducted by a law enforcement officer, the driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing. Every driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety-sensitive functions and report to the designated test site immediately. It is mathematically possible drivers may be selected be picked and tested more than once, and others not at all. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. For 2020, federal law requires the City to test at a rate of at least fifty percent (50%) of its average number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. Reasonable Suspicion Testing. When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by federal law or this policy, the City will require the driver to submit to an alcohol and/or controlled substance test. The City’s determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on “specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver.” In the case of controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. Page 57 of 131 The required observations for reasonable suspicion testing will be made by a supervisor or other person designated by the City who has received appropriate training in identification of actions, appearance and conduct of a driver which are indicative of the use of alcohol or controlled substance. These observations leading to an alcohol or controlled substance test, will be reflected in writing and signed by the supervisor who made the observations. The record will be retained by the City. The person who makes the determination that reasonable suspicion exists to conduct testing, will not be the person conducting the testing, which shall instead be conducted by another qualified person. Alcohol testing is authorized only if the observations are made during, just before, or just after the driver has ceased performing such functions. If a reasonable suspicion alcohol test is not administered within two (2) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If a reasonable suspicion alcohol test is not administered within eight (8) hours following the determination of reasonable suspicion, the City will prepare and maintain on file a record stating the reasons the alcohol test was not administered and will cease attempts to conduct the alcohol test. Notwithstanding the absence of a reasonable suspicion test, no driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol use, nor will the City permit the driver to perform or continue to perform safety-sensitive functions until (1) an alcohol test is administered and the driver’s alcohol concentration is less than .02; or (2) twenty-four (24) hours have elapsed following the determination of reasonable suspicion. Return-to-Duty Testing. The City reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policy and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers for a first positive test result. Should the City consider reinstatement of a DOT covered driver, the driver must undergo a Substance Abuse Professional (“SAP”) evaluation and participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety- sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The employee is responsible for paying for all costs associated with the return-to-duty test. The controlled substance test will be conducted under direct observation. Follow-Up Testing. The City reserves the right to impose discipline against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining Page 58 of 131 agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers. Should the City reinstate a driver following a determination by a Substance Abuse Professional (SAP) that the driver is in need of assistance in resolving problems associated with alcohol use and/or use of controlled substance, the City will ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow- up testing will be directed by the SAP and will consist of at least six (6) tests in the first twelve (12) months following the driver’s return to duty. Follow-up testing will not exceed sixty (60) months from the date of the driver’s return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive functions, or immediately prior to or after performing safety-sensitive functions. Cost of Required Testing. The City will pay for the cost of pre-employment, post-accident, random, and reasonable substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re-tests, return-to-duty, and follow-up testing. Required Prior Controlled Substance and Alcohol Checks for Applicants The City will conduct prior drug and alcohol checks of applicants for employment to drive a commercial motor vehicle. Applicants must execute a consent form authorizing the City to obtain the required information. The City will obtain (pursuant to the applicant’s written consent) information on the applicant’s alcohol test with a concentration result of 0.04 or greater, positive controlled substance test results, and refusals to be tested within the preceding three (3) years which are maintained by the applicant’s previous employers. The City will obtain all information concerning the applicant which is maintained by the applicant’s previous employers within the preceding three (3) years pursuant to DOT controlled substance and alcohol testing regulations. The City will review such records, if feasible, prior to the first time a driver performs safety- sensitive functions. Prohibited Conduct The following conduct is explicitly prohibited by applicable DOT and FMCSA regulations and therefore constitutes violation of City policy. Under the influence of alcohol when reporting for duty or while on duty. No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home and placed on Page 59 of 131 accrued vacation, PTO, compensatory or another appropriate leave of absence for hours missed from work. On-Duty Use of Alcohol. No driver may use alcohol while performing safety-sensitive functions. Pre-Duty Use of Alcohol. No driver may perform safety-sensitive functions within four (4) hours after using alcohol. If an employee has had alcohol within four hours they are to notify their supervisors before performing any safety-sensitive functions. Alcohol Use Following an Accident. No driver required to take a post-accident alcohol test may use alcohol for eight (8) hours following the accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first. Refusal to Submit to a Required Alcohol or Controlled Substance Test. No applicant or driver may refuse to submit to pre-employment, post-accident, random, reasonable suspicion or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety-sensitive functions, and may appear on the driver’s permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to an including termination. In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements, beginning January 6, 2020, the City will report a driver’s refusal to submit to a DOT test for drug or alcohol use to the Clearinghouse within three business days. If an applicant refuses to submit to pre- employment controlled substance testing, any applicable conditional offer will be withdrawn. For purposes of this section, a driver is considered to have refused to submit to an alcohol or controlled substance test when the driver: • Fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. • Fails to provide adequate urine for controlled substance testing without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing. • Fails to report for testing within a reasonable period of time, as determined by the City. • Fails to remain at a testing site until testing is complete. • In the case of directly observed or monitored collection, fails to permit observation or monitoring. • Fails or declines to take a second test as required by the City and/or collector. • Fails to undergo a medical examination as directed by the City pursuant to federal law. Page 60 of 131 • Refuses to complete and sign the alcohol testing form, to provide a breath or saliva sample, to provide an adequate amount of breath, or otherwise cooperate in any way that prevents the completion of the testing process. • Engages in conduct that clearly obstructs the test process. Altering or attempting to alter a urine sample or breath test. A driver altering or attempting to alter a urine sample or controlled substance test, or substituting or attempting to substitute a urine sample, will be subject to providing a specimen under direct observation. Both specimens will be subject to laboratory testing. In such case, the employee may be subject to immediate termination of employment and any job offer made to an applicant will be immediately withdrawn. Controlled Substance Use. No driver may report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the City immediately after receiving any such advice. Having a medical marijuana card and/or a cannabis prescription from a physician does not allow anyone to use or possess that drug in the city’s workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety-sensitive duties for the City. Employees are still subject to being tested under our policies, as well as for being disciplined, suspended or terminated after testing positive for cannabis while at work. Controlled Substance Testing. No driver may report for duty, remain on-duty or perform a safety-sensitive function if the driver tests positive for controlled substance. In addition to the conduct prohibited by applicable DOT and FMCSA regulations, the City also maintains other applicable policies regarding drug and alcohol that are applicable to all employees. For specifics regarding those requirements, refer to the City’s policy for non-DOT related drug and alcohol policy. Collection and Testing Procedures Drivers are required to report immediately upon notification to the collection site. For random tests conducted off site, employees may use a City vehicle to drive to the collection site. Drivers will be expected to provide a photo ID card for identification to the collection staff. All drivers will be expected to cooperate with collection site personnel request to remove any unnecessary outer garments such as coats, sweaters or jackets and will be required to empty their pockets. Collection personnel will complete a Federal Custody and Control Form (“CCF”) which drivers providing a sample will sign as well. Page 61 of 131 Alcohol Testing Employees will be tested for alcohol just before, during, or immediately following performance of a safety-sensitive function. If a driver is also taking a DOT controlled substance test, generally speaking, the alcohol test is completed before the urine collection process begins. Screening tests for alcohol concentration will be performed utilizing a non-evidential screening device included by the National Highway Traffic Safety Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained breath alcohol technician (“BAT”) at a collection site. An alcohol test usually takes approximately 15 minutes if the result is negative. If a driver’s first attempt is positive (with an alcohol concentration of .02 or greater), the driver will be asked to wait at least 15 minutes and then be tested again. The driver may not eat, drink or place anything in his/her mouth (e.g., cigarette, chewing gum) during this time. All confirmation tests will be conducted in a location that affords privacy to the driver being tested, unless unusual circumstances (e.g., when it is essential to conduct a test outdoors at the scene of an accident) make it impracticable to provide such privacy. Any results less than 0.02 alcohol concentration is considered a “negative” test result. If the driver attempts and fails to provide an adequate amount of breath, he/she will be referred to a physician to determine if the driver’s inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the City by the collection site staff. Controlled Substance Testing. The City will use a “split urine specimen” collection procedure for controlled substance testing. Collection of urine specimens for controlled substance testing will be conducted by an approved collector and will be conducted in a setting and manner to ensure the driver’s privacy. Controlled substance testing generally takes about 15 minutes. At the collection site, the driver will be given a sealed container and must provide at least 45 ml of urine for testing. Once the sample is provided the collection personnel will check the temperature and color and look for signs of contamination. The urine is then split into two separate specimen containers (A, or “primary,” and B, or “split”) with identifying labels and security seals affixed to both. The collection facility will be responsible for maintaining a proper chain of custody for delivery of the sample to a DHHS-certified laboratory for analysis. The laboratory will retain a sufficient portion of any positive sample for testing and store that portion in a scientifically acceptable manner for a minimum 365-day period. If an employee fails to provide a sufficient amount of urine to permit a controlled substance test (45 milliliters of urine), the collector will discard the insufficient specimen, unless there is evidence of tampering with that specimen. The collector will urge the driver to drink up to 40 ounces of fluid, distributed reasonably over a period of up to three hours, or until the driver has provided a sufficient urine specimen, whichever occurs first. If the driver has not provided a sufficient specimen within three hours of the first unsuccessful attempt, the collector will cease efforts to attempt to obtain a specimen. The driver must then obtain, within five calendar days, an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide a sufficient specimen. If the licensed physician concludes the driver has a medical condition, or with a high degree of probability Page 62 of 131 could have, precluded the driver from providing a sufficient amount of urine, the City will consider the test to have been canceled. If a licensed physician cannot make such a determination, the City will consider the driver to have engaged in a refusal to test and will take appropriate disciplinary action under this policy. The primary specimen is used for the first test. If the test is negative, it is reported to the MRO who then reports the result, following a review of the CCF Form for compliance, to the City. If the initial result is positive or non-negative, a “confirmatory retest” will be conducted on the primary specimen. If the confirmatory re-test is also positive, the result will be sent to the MRO. The MRO will contact the driver to verify the positive result. If the MRO is unable to reach the driver directly, the MRO must contact the City who will direct the driver to contact the MRO. Review of Test Results The MRO is a licensed physician with knowledge and clinical experience in substance abuse disorders and is responsible for receiving and reviewing laboratory results of the controlled substances test as well as evaluating medical explanations for certain drug test results. Prior to making a final decision to verify a positive test result, the MRO will give the driver or the job applicant an opportunity to discuss the test result, typically through a phone call. The MRO, or a staff person under the MRO’s supervision, will contact the individual directly, on a confidential basis, to determine whether the individual wishes to discuss the test result. If the employee or job applicant wishes to discuss the test result: • The individual may be required to speak and/or meet with the MRO, who will review the individual’s medical history, including any medical records provided. • The individual will be afforded the opportunity to discuss the test results and to offer any additional or clarifying information which may explain the positive test result. If the employee or job applicant, believes a mistake was made at the collection site, at the labor, on a chain-of-custody form, or that the drug test results are caused by lawful substance use, the employee should tell the MRO. • If there is some new information which may affect the original finding, the MRO may request the laboratory to perform additional testing on the original specimen in order to further clarify the results; and • A final determination will be made by the MRO that the test is either positive or negative, and the individual will be so advised. If the MRO upholds the positive, adulterated or substituted drug determination, that test result will be provided to the City. There is no opportunity to explain a positive alcohol test provided in the DOT regulations. The driver can request the MRO to have the split specimen (the second “B” container) tested at the driver’s expense. This includes all costs that may be associated with the re-test. There is no split specimen testing for an invalid result. The driver has 72 hours after they have been notified of the positive result to make this request. If the employee requests an analysis of the split specimen, the MRO will direct the laboratory to send the split specimen to another certified laboratory for analysis. Page 63 of 131 If an employee has not contacted the MRO within 72 hours, the employee may present information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the employee from making timely contact. If the MRO concludes there is legitimate explanation for the employee’s failure to contact within 72 hours, the MRO will direct the analysis of the split specimen. If the results of the split specimen are negative, the City may pay for all costs associated with the rest and there will be no adverse action taken against the employee or job applicant. Notification of Test Results Employees The City will notify a driver of the results of random, reasonable suspicion, and post-accident tests for controlled substance if the test results are verified positive and will inform the driver which controlled substance or substances were verified as positive. Results of alcohol tests will be immediately available from the collection agent. Right to Confirmatory Retest Within seventy-two (72) hours after receiving notice of a positive controlled substance test result, an applicant or driver may request through the MRO a re-analysis (confirmatory retest) of the driver’s split specimen. Action required by federal regulation as a result of a positive controlled substance test (e.g., removal from safety-sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO will cancel the test. Dilute Specimens Dilute Negatives Creatinine concentration of specimen is equal to or greater than 2 mg/dL, but less than or equal to 5 mg/dL. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection, pursuant to the MRO’s direction, under direct observation. Consequences for Drivers Engaging in Prohibited Conduct Job Applicants. Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Employees. Drivers who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substance, as defined earlier in this policy, are subject to the following consequences: • Removal from Safety-Sensitive Functions No driver may perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by federal law. Page 64 of 131 No driver who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 may perform or continue to perform safety-sensitive functions for the City, including driving a commercial motor vehicle, until the start of the driver’s next regularly scheduled duty, but not less than twenty-four (24) hours following administration of the test. If a driver tests positive under this policy or is found to have an alcohol concentration of .02 or greater but less than .04, the driver will be removed from safety sensitive duties and escorted home; the driver should not drive home but be escorted to his or her home. The driver will then be placed on vacation, compensatory, or PTO, or another appropriate leave of absence, for hours missed from work. • Notification of Resources Available The City will advise each driver who has engaged in conduct prohibited by federal law or who has a positive alcohol or controlled substance test of the resources available to the driver, including but not limited to the City’s EAP, in evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, including the names, addresses, and telephone numbers of Substance Abuse Professionals and counseling and treatment programs. The City will provide this SAP listing in writing at no cost to the driver. • Discipline The City reserves the right to impose whatever discipline the City deems appropriate in its sole discretion, up to and including termination for a first occurrence, against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. • Evaluation, and Return to Duty Testing Should the City wish to consider reinstatement of a driver who engaged in conduct prohibited by federal law and/or who had a positive alcohol or controlled substance test, the driver must undergo a SAP evaluation, participate in any prescribed education/treatment, and successfully complete return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety-sensitive function. The SAP will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use and will ensure the driver properly follows any rehabilitation program and submits to unannounced follow-up alcohol and controlled substance testing. • Follow-Up Testing If the driver passes the return-to-duty test, he/she will be subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency for such follow-up testing will be as directed by the SAP and will consist of at least six tests in the first twelve months. These tests will be conducted under direct observation. Page 65 of 131 • Refusal to test All drivers and applicants have the right to refuse to take a required alcohol and/or controlled substance test. If an employee refuses to undergo testing, the employee will be considered to have tested positive and may be subject to disciplinary action, up to and including termination. Refer to Refusing to Test provided earlier in this policy. • Responsibility for Cost of Evaluation and Rehabilitation Drivers will be responsible for paying the cost of evaluation and rehabilitation (including services provided by a Substance Abuse Professional) recommended or required by the City or FMCSA or DOT rules, except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. • Reporting to the FMCSA’s CDL Drug and Alcohol Clearinghouse In accordance with the Federal Motor Carrier Safety Administration’s (FMCSA) Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse reporting requirements beginning January 6, 2020, the City will report the following information to the Clearinghouse within three business days:  A DOT alcohol confirmation test result with an alcohol concentration of 0.04 or greater;  A negative DOT return-to-duty test result;  The driver’s refusal to submit to a DOT test for drug or alcohol use;  Actual knowledge a driver has used alcohol or controlled substances, based on the employer’s direct observation, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee’s admission of alcohol or controlled substance abuse except as provided in § 382.121) of: o On duty alcohol use pursuant to § 382.205; o Pre-duty alcohol use pursuant to § 382.207; o Alcohol use following an accident pursuant to § 382.209; o Controlled substance use pursuant to § 382.213;  Employers will also report negative return-to-duty (RTD) test results and the successful completion of a driver’s follow-up testing plan as ordered by a SAP. Loss of CDL License for Traffic Violations in Commercial and Personal Vehicles Effective August 1, 2005, the FMCSA established strict rules impacting when CDL license holders can lose their CDL for certain traffic offenses in a commercial or personal vehicle. Employees are required to notify their supervisor immediately if the status of their CDL license changes in anyway. Maintenance and Disclosure of Records Except as required or authorized by law, the City will not release driver’s information that is contained in records required to be maintained by this policy or FMCSA and DOT regulations. Beginning in 2020, the city will be required to query and report to the agency’s Commercial Driver’s License (CDL) Drug and Alcohol Clearinghouse prior to hiring new drivers, will Page 66 of 131 conduct annual checks of existing CDL-drivers, and will report certain violations of the DOT drug and alcohol testing program for holders of CDLs. In addition, a driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or a controlled substance, including any records pertaining to his or her alcohol or controlled substance tests. Policy Contact for Additional Information If you have any questions about this policy or the City’s controlled substance and alcohol testing procedures, you may contact your immediate supervisor or Human Resources, to obtain additional information. Definitions Accident: Means an occurrence involving a commercial motor vehicle operating on a public road which results in a fatality; bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. The term “accident” does not include an occurrence involving only boarding and alighting from a stationary motor vehicle; an occurrence involving only the loading or unloading of cargo; or an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle unless the vehicle is transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. § 177.823; 49 C.F.R. § 382.303(a); 49 C.F.R. § 382.303(f). Alcohol Concentration (or Content): Means the alcohol on a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. 49 C.F.R. § 382.107. Alcohol Use: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 49 C.F.R. § 382.107. Applicant: Means a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Breath Alcohol Technician or BAT: Means an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). 49 C.F.R. § 40.3. City: Means City of Farmington. City Premises: Means all job sites, facilities, offices, buildings, structures, equipment, vehicles and parking areas, whether owned, leased, used or under the control of the City. Page 67 of 131 Collection Site: Means a place designated by the City where drivers present themselves for the purpose of providing a specimen of their urine or breath to be analyzed for the presence of alcohol or controlled substances. 49 C.F.R. § 40.3. Commercial Motor Vehicle: Means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (1) has a gross combination weight rating or gross combination weight of 26,001 or more pounds, whoever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater; or (2) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater; or (3) is designed to transport sixteen (16) or more passengers, including the driver; or (4) is of any size and is used in the transportation of materials found to be in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulation. (49 C.F.R. part 172, subpart F) § 382.107. Confirmation (or Confirmatory) Test: For alcohol testing means a second test, following a positive non-evidential test, following a positive non-evidential (e.g., saliva) screening test or a breath alcohol screening test with the result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substance testing, “Confirmation (or Confirmatory) Test” means a second analytical procedure to identify the presence of a specific controlled substance or metabolite which is independent of the screen test and which uses a different technique and chemical principal from that of the screen test in order to ensure reliability and accuracy. 49 C.F.R. § 382.107. Controlled Substance: Means those substances identified in 49 C.F.R. § 40.85. Marijuana, amphetamines, opioids, (including heroin), phencyclidine (PCP), cocaine, and any of their metabolites are included within this definition. 49 (C.F.R. § 382.107; 49 C.F.R. § 40.85. Department of Transportation or DOT: Means the United States Department of Transportation. DHHS: Means the Department of Health & Human Services or any designee of the Secretary, Department of Health & Human Services. 49 C.F.R. § 40.3. Disabling Damage: Means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. Disabling damage does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts, tire disablement without other damage even if no spare tire is available, headlight Page 68 of 131 or tail light damage or damage to turn signals, horn or windshield wipers which make them inoperative. 49 C.F.R. § 382.107. Driver: Means any person who operates a commercial motor vehicle. This includes, but is not limited to full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors who are either directly employed by or under lease to the City or who operate a commercial motor vehicle at the direction of or with the consent of the City. For purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle. 49 C.F.R. § 382.107. Drug: Has the same meaning as “controlled substance.” Employee seeking a transfer: Refers to an employee who is not subject to DOT regulations seeking a transfer to a position that will subject them to DOT regulations in the sought after position. Evidential Breath Testing Device or EBT: Means a device approved by the National Highway Traffic Safety Administration (“NHTSA”) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” 49 C.F.R. § 40.3. Federal Motor Carrier Safety Administration or FMCSA: Means the Federal Motor Carrier Safety Administration of the United States Department of Transportation. Medical Review Officer or MRO: Means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a controlled substance testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with his or her medical history and any other relevant biomedical information. 49 C.F.R. § 40.3 Performing (a Safety-Sensitive Function): Means any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. 49 C.F.R. § 382.107. Positive Test Result: Means a finding of the presence of alcohol or controlled substance, or their metabolites, in the sample tested in levels at or above the threshold detection levels established by applicable law. Reasonable Suspicion: Means a belief a driver has engaged in conduct prohibited by the FMCSA controlled substance and alcohol testing regulations, except when related solely to the possession of alcohol, based on specific contemporaneous, articulable observations made by a supervisor or City official who has Page 69 of 131 received appropriate training concerning the appearance, behavior, speech or body odors of the driver. The determination of reasonable suspicion will be made in writing on a Reasonable Suspicion Record Form during, just preceding, or just after the period of the workday that the driver is required to be in compliance with this policy. In the case of a controlled substance, the observations may include indications of the chronic and withdrawal effects of a controlled substance. Safety-Sensitive Function: Means all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work. Safety- sensitive functions include: • All time at a city plant, terminal, facility, or other property, or on any public property, • waiting to be dispatched, unless the driver has been relieved from duty by the employer; • All time inspecting equipment as required by 49 C.F.R. § 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; • All time spent at the driving controls of a commercial motor vehicle in operation; • All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 C.F.R. § 393.76); • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 49 C.F.R. § 382.107. Screening Test (also known as Initial Test): In alcohol testing, mean an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in her or her system. Screening tests may be conducted by utilizing a non-evidential screening device included by the National Highway Traffic Administration on its conforming products list (e.g., a saliva screening device) or an evidential breath testing device (“EBT”) operated by a trained breath alcohol technician (“BAT”). In controlled substance testing, “Screening Test” means an immunoassay screen to eliminate “negative” urine specimens form further consideration. 49 C.F.R. § 382.107. Substance Abuse Professional” or “SAP”: Means a licensed physician (medical doctor or doctor of osteopathy), licensed or certified psychologist, licensed or certified social worker, licensed or certified employee assistance professional, or licensed or certified addiction counselor (certified by the National Association of Alcoholism and Controlled Substance Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders. 49 C.F.R. § 40.281. Page 70 of 131 City of Farmington, Minnesota Drug, Alcohol and Cannabis Testing and Drug-Free Workplace Act Policy for Non-Commercial Drivers (Non-DOT) Purpose and Objectives The city of Farmington (“city”) has a vital interest in maintaining safe, healthful, and efficient working conditions for employees, and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. The city of Farmington does not intend to intrude into the private lives of its employees, but strongly believes that a drug, alcohol and cannabis-free workplace is in the best interest of employees and the public alike. Alcohol, drug, and cannabis abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. The city of Farmington’s Drug, Alcohol and Cannabis Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. City employees and applicants required to hold a commercial driver’s license by the United States Department of Transportation (“DOT”) for their job will be tested under the city’s Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the “DOT Policy”). All other employees and job applicants offered employment with the city must undergo testing as described by this policy. To ensure the policy is clearly communicated to all employees and applicants to whom offers of employment have been made, and to comply with state law, employees and applicants are required to review this policy and sign the “policy acknowledgement.” A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the job. Persons Subject to Testing and Circumstances Under Which Testing May Be Required Under this policy, the city may test any applicant to whom an offer of employment has been made and may test employees for alcohol and/or controlled substance, under the following circumstances with a properly accredited or licensed testing laboratory, in accordance with Minn. Stat. § 181.953, subd. 1. (1) Pre-Employment Testing: Every job applicant offered employment with the city receives the offer conditioned upon successful completion of drug test, and/or an alcohol or cannabis test, if applicable, among other conditions. The city will not request or require a job applicant to undergo cannabis testing related to “lawful consumable products” pursuant to Minn. Stat. § 181.938, including alcohol, cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the categories of positions listed below. If the job offer is withdrawn based drug test results, the city will inform the applicant of the reasons for the withdrawal. A failure of the drug or other applicable test, a refusal to take the test, or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant’s provisional employment has Page 71 of 131 begun. A negative or positive dilute test result (following a second collection), which has been confirmed, will also result in immediate withdrawal of an offer of employment to an applicant. The City may request or require job applicants conditionally offered employment to undergo cannabis testing as part of pre-employment testing if the applicant is in one of the following positions: • A safety-sensitive position; • Police officer or sheriff position; • Firefighter position; • Position requiring face-to-face care, training, education, supervision, counseling, consultation or medical assistance to children, vulnerable adults, or patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition; • Position requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee; • Position of employment funded by a federal grant; or • Any other position for which federal law requires testing of a job applicant for cannabis. Temporary and seasonal employees are not subject to pre-employment testing except for those designated by the hiring department as safety-sensitive positions. (2) Reasonable Suspicion Testing: Consistent with Minn. Stat. § 181.951, subd. 3, employees will be subject to alcohol and/or drug testing, or cannabis testing, when reasonable suspicion exists to believe that the employee: • Is under the influence of alcohol, drugs or cannabis; or • Has violated written work rules prohibiting the use, possession, sale or transfer of drugs, alcohol, or cannabis, while working, while on city property, or while operating city vehicles, machinery or any other type of equipment; or • Has sustained a personal injury as defined in Minn. Stat. § 176.011, subd. 16 or has caused another employee to sustain an injury or • Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol, drugs or cannabis may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee. For an on-site collection service, the employee will remain on site and be observed by the supervisor or designee. The medical facility or on-site collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. Page 72 of 131 Pursuant to the requirements of the Drug-Free Workplace Act of 1988, all city employees, as a condition of continued employment, will agree to abide by the terms of this policy and must notify the Assistant City Administrator/Human Resources Director or the City Administrator of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. If required by law or government contract, the city will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. (3) Treatment Program Testing: In accordance with Minn. Stat. § 181.951, subd. 6, the city may request or require an employee to undergo drug, alcohol or cannabis testing, if the employee has been referred by the city for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the employee may be requested or required to undergo drug or alcohol testing, or cannabis testing, without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. (4) Routine Physical Examination Testing: The city may request or require an employee to undergo drug and/or alcohol testing as part of a routine physical examination. The city, in accordance with Minn. Stat. § 181.951, subd. 3, will request or require this type of testing no more than once annually, and the employee will be provided with at least two weeks’ written notice that the test will be required as part of the physical examination. The City may request or require an employee to undergo cannabis testing as part of a routine physical examination testing when an employee is in one of the following positions: • A safety-sensitive position; • Police officer or sheriff position; • Firefighter position; • Position requiring face-to-face care, training, education, supervision, counseling, consultation or medical assistance to children, vulnerable adults, or patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition; • Position requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee; • Position of employment funded by a federal grant; or • Any other position for which federal law requires testing of a job applicant for cannabis (5) Random Testing: In accordance with Minn. Stat. § 181.951, subd. 4, the city may require an employee to submit to random drug, alcohol, and cannabis testing, if the employee is in a safety-sensitive position. Page 73 of 131 Right of Refusal: Employees and job applicants have the right to refuse to submit to an alcohol, drug, or cannabis test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to applicant testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter a testing sample is considered to have refused to take a drug alcohol or cannabis test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Refusal on Religious Grounds: An employee or job applicant who, on religious grounds, refuses to undergo drug and/or alcohol testing, or cannabis testing, of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug, alcohol, or cannabis testing of a urine sample. Cost of Required Testing: The city will pay for the cost of all drug, alcohol or cannabis testing, requested or required of all job applicants and employees, except for confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. Prohibition against Drugs and Alcohol Use and Possession of Alcohol or Drug(s) or Cannabis: Employees are prohibited from the use, possession, transfer, transportation, manufacture, distribution, sale, purchase, solicitation to sell or purchase, or dispensation of alcohol, drugs, cannabis, or drug paraphernalia, while on duty; while on city premises; while operating any city vehicle, machinery, or equipment; or when performing any city business, except (1) pursuant to a valid medical prescription used as properly instructed; (2) the use of over-the-counter drugs used as intended by the manufacturer; or (3) when necessary for approved law enforcement activity. Besides having a zero-tolerance policy for the use or possession of alcohol, illegal drugs, or misused prescription drugs on the worksite, we also prohibit the use, possession of, impairment by any cannabis or medical cannabis products (e.g., hash oils, edibles or beverages containing cannabinoids, or pills) on the worksite by a person working as an employee at the city or while “on call” and subject to return to work. Having a medical marijuana card, patient registry number, and/or cannabis prescription from a physician does not allow anyone to use, possess, or be impaired by that drug here. Likewise, the fact that cannabis may be lawfully purchased and consumed does not permit anyone to use, Page 74 of 131 possess, or be impaired by them here. The federal government still classifies cannabis as an illegal drug, even though some states, including Minnesota, have decriminalized its possession and use. There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates our equipment or vehicles or who is on one of our worksites. Applicants and employees are still subject to being tested under our drug, alcohol and cannabis testing policy. Employees are subject to being disciplined, suspended, or terminated after testing positive for cannabis if the employee used, possessed, or was impaired by cannabis, including medical cannabis, while on the premises of the place of employment or during the hours of employment. While Impaired by Alcohol, Drugs or Cannabis: Employees are prohibited from being under the influence of alcohol or drugs, or cannabis, or having a detectable amount of an illegal drug in the blood or urine when reporting for work; while on duty; whole on the city’s premises; while operating any city vehicle, machinery, or equipment; or when performing any City business, except (1) pursuant to a valid medical prescription used as properly instructed; or (2) the use of over-the-counter drug used as intended by the manufacturer. Driving While Impaired: A conviction of driving while impaired in a city-owned vehicle at any time during business or non-business hours, or in an employee-owned vehicle while conducting city business, may result in discipline, up to and including discharge. Criminal Drug Convictions: Any employee convicted of any criminal drug statute must notify his or her supervisor and the city’s Assistant City Administrator/Human Resources Division or City Administrator]in writing of such conviction no later than five days after such conviction. Within 30 days after receiving notice from an employee of a drug-related conviction, the city will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program as an alternative to termination. In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely, the employee will not be permitted to work and will be subject to disciplinary action, including dismissal from employment. In accordance with the Federal Drug- Free Workplace Act of 1988, if the city is receiving federal grants or contracts of over $25,000, the city will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Failure to Disclose Lawful Drugs: Employees taking a lawful drug, including prescription and over-the-counter drugs or cannabis, which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others, must advise their supervisor of this before beginning work. It is the employee’s responsibility to seek out written information from his/her physician or pharmacist regarding medication and any job performance impairment and relay that information to his/her supervisor. In the event of such a disclosure, the employee will not be authorized to perform safety-sensitive functions. Page 75 of 131 Review and Notification of Test Results Notification of Negative Test Results: In the case of job applicants and in accordance with Minn. Stat. § 181.953, Human Resources will notify a job applicant of a negative drug result within three days of receipt of result by the city, and the hiring process will resume. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. A “Negative Test Results Notification” form will be sent to the job applicant, and the job applicant may request a copy of the test result report from (Human Resources). In the case of current employees and in accordance with Minn. Stat. § 181.953, (Human Resources) will notify the employee of a negative drug and/or alcohol result within three days of receipt of result by the city. A “Negative Test Results Notification” form will be sent to the employee, and he or she may request a copy of the test result report from Assistant City Administrator/Human Resources or the City Administrator. Notification of Positive Test Results: In the event of a confirmed positive blood or urine alcohol drug, or cannabis test result, the city will notify the employee of a positive result within three days of receipt of the result. Human Resources will send to the employee or job applicant a “Positive Test Results Notification” letter containing further instructions. The employee or job applicant may contact Human Resources to request a copy of the test result report if desired. In accordance with Minn. Stat. § 181.953, subd. 3, a laboratory must report results to the city within three working days of the confirmatory test result. Right to Provide Information after Receiving Test Results: Within three working days after notice of a positive drug, alcohol, or cannabis test result on a confirmatory test, the employee or job applicant may submit information to the city to explain the positive result. In accordance with Minn. Stat. § 181.953, subd. 10, if an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as medications the employee is taking), the city will not take an adverse employment action based on that information unless the employee has already been under an affirmative duty to provide the information before, upon, or after hire. Right to Confirmatory Retest: A job applicant or employee may request a confirmatory retest of the original sample at the job applicant’s or employee’s own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the city in writing of the job applicant’s or employee’s intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the city will notify the original testing laboratory that the job applicant or employee has requested the laboratory to conduct the confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. The original testing laboratory will ensure the control and custody procedures are followed during transfer of the sample to the other laboratory. In accordance with Minn. Stat. § 181.953, subd. 3, the laboratory is required to maintain all samples Page 76 of 131 testing positive for a period of six months. The confirmatory retest will use the same drug and/or alcohol threshold detection levels as used in the original confirmatory test. In the case of job applicants, if the confirmatory retest does not confirm the original positive test result, the city’s job offer will be reinstated, and the city will reimburse the job applicant for the actual cost of the confirmatory retest. In the case of employees, if the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test will be taken against the employee, the employee will be reinstated with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and the city will reimburse the employee for the actual cost of the confirmatory retest. Access to Reports: In accordance with Minn. Stat. § 181.953, subd. 10, an employee will have access to information contained in his or her personnel file relating to positive test results and to the testing process, including all information gathered as part of that process. Dilute Specimens: A negative or positive dilute test result (following a second collection) which has been confirmed will subject an employee to immediate termination. Consequences for Employees Engaging in Prohibited Conduct Job Applicants: The city’s conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. Employees: • No Adverse Action without Confirmatory Test. The city will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. • Suspension Pending Test Result. The city may temporarily suspend a tested employee with or without pay or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the city believes that it is reasonably necessary to protect the health or safety of the employee, co-employees, or the public. The employee will be asked to return home and will be provided appropriate arrangements for return transportation to his or her residence. In accordance with Minn. Stat. § 181.953, subd. 10, an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. Discipline and Discharge: Confirmatory Positive Test Result: The city will not discharge an employee for a first confirmatory positive test unless the following conditions have been met: • The city has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as Page 77 of 131 determined by the city after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation by the employee in any recommended substance abuse treatment program will be at the employee’s own expense or pursuant to the coverage under an employee benefit plan. The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed; and • The employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a refusal to test or positive test result on a confirmatory test after completion of the program. Other Misconduct: Nothing in this policy limits the right of the city to discipline or dismiss an employee on grounds other than a positive confirmatory test result, including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other city personnel policies. Emergency Call Back to Work Provisions: If an employee is called out for a city emergency and he or she reports to work and is suspected of being under the influence of drugs, alcohol, or cannabis he or she will not be subject to the testing procedures of this policy but may be subject to discipline and will not be allowed to work. Appropriate arrangements for return transportation to the employee’s residence will be made. It is the sole responsibility of the employee who is under the influence of alcohol, drugs or cannabis and who is called out for a city emergency, to notify his or her supervisor of this information and advise if he or she is unable to respond to the emergency call back. Non-Discrimination The city of Farmington policy on work-related substance abuse is non-discriminatory in intent and application; however, in accordance with Minn. Stat., Ch. 363, disability does not include conditions resulting from alcohol or other drug or cannabis abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore, the city will not retaliate against any employee for asserting his or her rights under this policy. City’s Employee Assistance Program The city has in place a formal employee assistance program (EAP) to assist employees in addressing serious personal or work-related problems at any time. The city’s EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have an alcohol, cannabis, or other drug abuse problem are encouraged to seek assistance before a problem affects their employment status. Employee assistance program services are available by contacting Health Partners EAP at 866-326-7194. Page 78 of 131 Policy Contact for Additional Information If you have any questions about this policy or the city’s drug, alcohol and cannabis testing procedures, you may contact your immediate supervisor, (Human Resources), or the City Administrator to obtain additional information. By this policy, the city of Farmington has established a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace and its policy of maintaining a drug-free workplace. Each city employee will receive a copy of this policy and will be required to read it. Definitions Alcohol: Means the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. Alcohol use or usage: Means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Applicant: Means a person applying for a job with the city. Cannabis: Means cannabis and its metabolites, including cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products as defined in Minn. Stat. § 342.01. Cannabis testing: An analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis flower, as defined in Minn. Stat. § 342.01, subdivision 16, cannabis products, as defined in Minn. Stat. § 342.01, subdivision 20, lower-potency hemp edibles as defined in Minn. Stat. § 342.01, subdivision 50, hemp-derived consumer products as defined in Minn. Stat. § 342.01, subdivision 37, or cannabis metabolites in the sample tested. City: Means the city of Farmington. City premises: Means, but is not limited to, all city job sites and work areas. For the purposes of this policy, city premises also includes any other locations or modes of transportation to and from those locations while in the course and scope of employment of the city. City vehicle: Means any vehicle which employees are authorized to use solely for city business when used at any time; or any vehicle owned or leased by the city when used for city business. Collection site: Means a place designated by the city where job applicants and employees present themselves for the purpose of providing a specimen of their breath, urine, and/or blood to be analyzed for the presence of drugs and alcohol. Page 79 of 131 Confirmatory test: Means a drug, alcohol or cannabis test on a sample to substantiate the results of a prior drug, alcohol test or cannabis on the same sample, and that uses a method of analysis allowed under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Controlled substance: A drug, substance, or immediate precursor in Schedules I through V of Minn. Stat. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Drug: Includes any “controlled substance” as defined in Minn. Stat. § 152.01, subd. 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as defined in Minn. Stat. § 342.01, subdivision 16, cannabis products as defined in Minn. Stat. § 342.01, subdivision 20, lower-potency hemp edibles as defined in Minn. Stat. § 342.01, subdivision 50, and hemp- derived consumer products as defined in Minn. Stat. § 342.01, subdivision 37. Drug and/or alcohol testing, and drug and/or alcohol test: Mean analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subd.1, for the purpose of measuring their presence or absence of drugs, alcohol, or their metabolites in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or alcohol test" do not include cannabis or cannabis testing, unless stated otherwise. Drug paraphernalia: Has the meaning set forth in Minn. Stat. § 152.01, subd. 18. Employee: Means a person who performs services for compensation for the city and includes independent contractors except where specifically noted in this policy. Initial screening test: Means a drug and/or alcohol or cannabis test that uses a method of analysis under one of the programs listed in Minn. Stat. § 181.953, subd. 1. Job applicant: Means a person who applies to become an employee of the city and includes a person who has received a job offer made contingent on the person passing drug testing. Positive test result: Means a finding of the presence of alcohol, drugs, cannabis or their metabolites that exceeds the cutoff levels established by the city. Minimum threshold detection levels are subject to change as determined in the city’s sole discretion. Random selection basis: Means a mechanism for selection of employees that (1) results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and (2) does not give an employer discretion to waive the selection of any employee selected under the mechanism. Reasonable suspicion: Means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Page 80 of 131 Safety-sensitive position: Means a job, including any supervisory or management position, in which an impairment caused by drug, alcohol, and/or cannabis usage would threaten the health or safety of any person. Under the influence: Means (1) the employee tests positive for alcohol drugs, or cannabis or (2) the employee’s actions, appearance, speech, and/or bodily odors reasonably cause the city to conclude that the employee is impaired because of illegal drug use or alcohol use. Page 81 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Meeting: Regular Council - Aug 21 2023 INTRODUCTION: A donation was recently made to the Rambling River Center (RRC) by Happy Harry’s Furniture. DISCUSSION: A donation in the amount of $117.90 was recently made by Happy Harry’s Furniture to the RRC. The donation was made through a program created in 2011 in which a customer of Happy Harry’s Furniture can select a charity of their choice to receive a donation when merchandise is purchased from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one of the charities that can be selected by customers. With these donations, Happy Harry’s Furniture has donated a to tal of $14,696.15 to the RRC since the program’s inception. This partnership with Happy Harry’s Furniture has been very beneficial over the long term given the funds that have been donated to the RRC. The donation has been deposited into the RRC Capital Improvement Fund to fund future building improvements and/or purchase new equipment and furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Happy Harry’s Furniture for their generous donation to the RRC. ACTION REQUESTED: Adopt Resolution No. R57-23 Accepting a Donation of $117.90 from Happy Harry’s Furniture to the Rambling River Center. ATTACHMENTS: R57-23 Accepting $117.90 from Happy Harry's Furniture for Ramblin g River Center Page 82 of 131 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R57-23 A RESOLUTION ACCEPTING A DONATION OF $117.90 FROM HAPPY HARRY’S FURNITURE FOR THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law. WHEREAS, the following persons and entities have offered to contribute to the City: Happy Harry’s Furniture has donated $117.90 to the Rambling River Center ; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of $117.90 from Happy Harry’s Furniture to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 21st day of August 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 83 of 131 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Rambling River Park Master Plan Meeting: Regular Council - Aug 21 2023 INTRODUCTION: The park master plan for Rambling River Park was approved by City Council in June 2009. The City utilized the services of Hoisington Koegler Group, Inc. (HKGi) to develop this master plan. City Council, at its March 6, 2023 meeting, approved an agreement with HKGi to update the master plan for Rambling River Park. DISCUSSION: The kick-off meeting for the project was held in early April with several staff representing parks and recreation, administration, engineering, and planning. The meeting included a walking tour of the park and trails. Meetings with stakeholders including Dakota County, Farmington Area Veteran’s Memorial Committee, Farmington School District, Farmington Baseball Association, Farmington Girls Fastpitch Association, skateboard community, MN Department of Natural Resources (DNR), and Vermillion River Watershed Joint Powers Organization were held in mid-April. During the development of the master plan, there were multiple opportunities for the public to be engaged in the planning process including: •April 3 – May 7: Online Survey Monkey questionnaire and Social PinPoint Map to solicit broad input on park issues and opportunities. •May 31: Open House at Music in the Park to seek input on the two draft concept ideas. •May 31 – June 26: Online Survey Monkey questionnaire to seek input on the two draft concept ideas. •August proposed the about more learn to Commission Recreation and Parks 9: meeting improvements. Throughout the master planning process, there was a project page on the city’s website under Current News. The draft concepts, links to online survey s, preferred concept plan, and meeting information was posted to the page. There was a master plan update in the Fall Currents with a QR code to scan for more information and project updates. In addition to stakeholder and public input, the Parks and Recreation Commission provided feedback throughout the planning process. HKGi presented at the May 10 and July 12, 2023 Parks and Recreation Commission meetings. Three Commissioners attended the May 31 open house at the park to visit with attendees. Following the July 12 presentation and based on Commission’s feedback, Page 84 of 131 HKGi refined the preferred concept plan and updated the cost estimates. City Staff presented the park concept as shown in the attached Rambling River Park Master Plan at the Parks and Recreation Commission meeting on August 9. The Parks and Recreation Commission supported the master plan and is forwarding it to the City Council for approval. Gabrielle Grinde from HKGi will be attending the meeting to present the present the master plan concept, phasing plan, and cost estimate. The presentation will also include overview of the project process, summary of input received from public engagement and stakeholder meetings, and master plan document overview and content. Included in the packet is a mem o from HKGi regarding the park master plan for Rambling River Park and the entire plan. BUDGET IMPACT: A cost estimate with a phasing plan which shows 2024 and proposed short - and long-term projects is included in the master plan. The cost estimate for Phase 1 – 2024 projects is $2,581,159. Thus far, $800,000 has been identified to fund these projects including $400,000 from American Rescue Plan Act (ARPA) funds and $400,000 from Dakota County towards new restrooms that also serves as a trailhead for the regional greenway. In addition, Dakota County will pay for 100% of trail costs related to the regional greenway alignments if the City leads / covers design and project delivery costs (essentially an 85%/15% cost share). Staff plans to apply for a MN DNR Outdoor Recreation Grant and will continue to identify funding sources to complete the proposed projects. ACTION REQUESTED: City Council is asked to listen to the presentation, ask any questions you have, and then discuss and approve the final updated master plan for Rambling River Park. ATTACHMENTS: HKGi Memo Rambling River Park Draft Master Plan Page 85 of 131 1 Creating Places that Enrich People’s Lives To: City of Farmington City Council From: Gabrielle Grinde, HKGi Regarding: City of Farmington Rambling River Park Master Plan City Council Meeting August 21, 2023 The Rambling River Park master planning process began in March, and we are almost finished with the project planning scope. City staff and consultants worked together to discuss issues and opportunities for the park, and to engage stakeholders and the public through meetings and an online survey during the spring. Parks and Recreation Commission input resulted in the development of two (2) concept plan options which were presented to the public at a pop-up open house on May 31st in Rambling River Park during the Music in the Park event. One overall park concept and two detail park concepts (Concepts A and B) were displayed on boards along with a summary of responses from the first online survey and the stakeholder meetings. An online survey presented similar information that was shown at the open house, and the survey was open from the end of May through June 26, 2023. The survey received over 400 responses. Following the second round of input, more discussions with city staff and the Parks and Recreation Commission resulted in the development of a preferred concept plan and phasing plan. The presentation will summarize the process to date, input received, and the final recommendations from the Parks and Recreation Commission. The Draft Rambling River Parks and Recreation Plan can be downloaded here: https://hkgi.sharefile.com/d-s2fbf45aa855344beb8b2c252bfed92d1 Project Schedule: Task Mar Apr May Jun Jul Aug Sep 1: Project Kick Off and Organization 2: Stakeholder Engagement 3: Develop Park Concept Plans 4: Develop Master Plan & Implementation Plan Kick off meeting Public survey timeline & Stakeholder meetings MEMORANDUM Page 86 of 131 Farmington Rambling River Park Master Plan – City Council Meeting– August 21, 2023 2 Public event and survey Parks & Recreation Commission meeting City Council meeting Presentation Agenda: 1. Introduction and overview of the project process 2. High level summary of input received a. Survey 1 b. Stakeholder meetings c. Survey 2/Open House 3. Master Plan document overview and content 4. Preferred concept overview and recommendations 5. Implementation and Next Steps a. 2024 proposed projects b. Short Term (2025-2030) c. Long Term (After 2030) 6. Questions? Page 87 of 131 Rambling River Park MASTER PLAN FARMINGTON,MN DRAFT FOR CITY COUNCIL REVIEW AUGUST 16, 2023 Pa g e 8 8 o f 1 3 1 2 2 ACKNOWLEDGEMENTS • Project Advisory Committee -Kellee Omlid, Parks and Recreation Director -Tony Wippler, Planning Manager -John Powell, Public Works Director / City Engineer -Dan Schmitt, Parks Maintenance Worker -Austin Holm, Parks Maintenance Worker -Emilee Shearer, Recreation Supervisor -Lynn Gorski, City Administrator • Parks and Recreation Commission -Katharine Caron -Ashley Crabtree -Katie Putt -David McMillen -Megan Merricks -Cody Fishman Thank you to all the community members who provided valuable input during the development of this plan! Pa g e 8 9 o f 1 3 1 1 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN 1 TABLE OF CONTENTS INTRODUCTION 2 PARK BACKGROUND & EXISTING CONDITIONS 4 NEEDS ASSESSMENT & CONCEPT EXPLORATION 18 MASTER PLAN CONCEPT 29 PHASING PLAN & COST ESTIMATE 36 Pa g e 9 0 o f 1 3 1 Park Location Rambling River Park is located near downtown Farmington in the south central part of the city. County Road 50 bisects the park into a southern and northern portion. A pedestrian and bike trail underpass is located along the Vermillion River and under CR50. Figure 7.1 Existing and Proposed Park, Trail and Open Space Plan 7-152 FARMINGTON, MINNESOTA - 2040 COMPREHENSIVE PLAN Rambling River Park is circled in the city map above. 2 INTRODUCTION PROJECT OVERVIEW AND PURPOSE This master plan document lays out a long-range plan for Rambling River Park in the city of Farmington, Minnesota. The planning process took place over the course of several months during 2023, and included two phases of public and stakeholder engagement in order to prioritize improvements that has a foundation in community support. The master plan identifies a list of priority improvement projects to be implemented over the next several years. Implementation of ideas will be based on available budget and funding each year. Located along the Vermillion River in southern Dakota County, Rambling River Park is a central community park in the city, and it has not had major investments in several years. The park is a well-established community recreation area that serves Farmington residents and visitors. The park serves a wide variety of park users with a number of active and passive recreation features, including: play equipment, picnic shelter, trails, fishing the Vermillion River, ballfields, Veterans Memorial, restroom building, ice rinks and warming house. 1: Project Kick off & Organization 2: Stakeholder Engagement 3: Develop Park Concept Plans 4: Develop Master Plan & Implementation Plan TASK MAR APR MAY JUN JUL AUG SEP PROJECT SCHEDULE: PUBLIC SURVEYS & STAKEHOLDER MEETINGS PARKS & RECREATION COMMISSION MEETING PUBLIC EVENT (MUSIC IN THE PARK) CITY COUNCIL MEETING LEGEND: Pa g e 9 1 o f 1 3 1 3 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN TIMELINE OF PARK DEVELOPMENT Rambling River Park has been a central recreation facility in Farmington for over 50 years. 1968 1982 20112009 2021-2023 2024-2040 Rambling River Park Established Feely Fields Developed Picnic Shelter Built Veterans Memorial Built Previous Master Plan developed 3 Parking Lots Resurfaced Rambling River Park Master Plan developed March Kick off and site analysis April Phase 1 public engagement May-June Phase 2 public engagement July-August Develop Master Plan Development of Improvements Guided by the Master Plan Pa g e 9 2 o f 1 3 1 4 PARK BACKGROUND & EXISTING CONDITIONS CURRENT PARK USE Rambling River Park is a 78-acre park located on the edge of downtown Farmington. The park is used daily by many residents who travel along the trails throughout the park, fish the river, and play on the playground. Other popular features include the Farmington Veterans Memorial, Feely Fields ballfields, ice rinks and warming house, tennis courts, picnic shelter, and restrooms. The park was originally developed in the 1960s and has not had major updates to its facilities in several years. Minor repairs and upkeep has occurred on an annual basis. Over the past several years, recreation trends have changed, such as the decline in both tennis and adult softball participation. Bathroom Shelter Paved Trail Conditions Bathroom Interior New Parking Lots Baseball and Softball Fields Warming House Walking Bridge Picnic Shelter Seating Playground Ice Rinks Tennis Courts Picnic Shelter Pa g e 9 3 o f 1 3 1 5 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Existing Conditions MapPa g e 9 4 o f 1 3 1 6 FEELY FIELDS EXISTING CONDITIONS Three ballfields are clustered on the south side of CR 50. The fields include a 200-foot Little League field, and two 280+ feet multi-use adult softball fields. Adult softball participation has declined in recent years, and the fields are used for youth tee-ball. The outfields are striped and used for flag football. An 84-stall parking lot supports the ballfields and was recently expanded and resurfaced in 2023. An Xcel substation is located on the corner of Denmark Ave and CR 50—many foul balls from the northwest field, the Little League field, end up within the fence of the substation. XCEL SUBSTATION LITTLE LEAGUE FIELD ICE ARENA SOFTBALL FIELDS VERMILLIO N R I V E R Pa g e 9 5 o f 1 3 1 7 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Amenities located near the parking lot include trash and recycling receptacles, picnic tables, and lighting.The current pedestrian entrance to the ballfields from the parking lot lacks ADA accessibility and signage. Gravel pathways are located between and around the ballfields.Feely Fields are the only fields in the city with field lighting. Pa g e 9 6 o f 1 3 1 8 MAIN PARK AREA EXISTING CONDITIONS Playground: The castle playground equipment will be moved to Meadowview Park. The other equipment is over 20 years old and in need of replacement. Several pieces of equipment have been removed over the past few years as they have fallen in disrepair. Portions of the play container flood during high water. Tennis courts: Two tennis courts are located in the center of the park. The courts have lights and 10-foot fencing around the entire perimeter. The courts have seen less use in recent years. The courts surface is in very poor condition and needs to be replaced. Only one net is put up for play as the other court is a safety concern. The second court is not too far off from being unplayable as well. Picnic Shelter: A brick picnic shelter was built in 1982 and has capacity for approximately 250 people. The shelter is rented out regularly for family gatherings and other events. Farmington Veterans Memorial: The memorial was designed by a local community member and built through volunteers and donations from the Farmington Veterans Memorial Committee. Restroom and Parking Lot east of Vermillion River: A brick restroom building is located east of the Vermillion River and north of CR50. A small parking lot is located next to the restroom. This area is connected to the main park by a foot bridge over the Vermillion River. TENNIS COURTS VETERANS MEMORIAL FEELY FIELDS PLAYGROUND SHELTER RESTROOM BUILDING VERM I L L I O N R I V E R Pa g e 9 7 o f 1 3 1 9 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Picnic Shelter Veterans MemorialRestroom building east of the Vermillion River The existing play equipment is outdated and floods during high water. Pa g e 9 8 o f 1 3 1 10 DAKOTA COUNTY GREENWAY REGIONAL TRAIL EXISTING CONDITIONS Dakota County’s regional trails lead through the park from the southwest corner, near the Schmitz-Maki Ice Arena, under CR50, along the Vermillion River, and to the northeast toward Empire and Hastings. The trails are popular for walkers, runners, and bicyclists. Portions of the trail also serve as a walking route to Dodge Middle School. The trail surface has many areas of rough pavement that make bicycling difficult. The plans for this greenway are shown in both the Lake Marion Greenway Master Plan and the North Creek Greenway Master Plan. Lake Marion Greenway MASTER PLAN 2013 21 Figure 20. Typical trail section Figure 21. Lake Marion Greenway Concept Plan North Creek Greenway Master Plan 2011 37 Connections to destinations in downtown Farmington are also recommended. A trail link to a neighborhood gateway at Farmington’s Depot Art Park is suggested. The trail connection to this gateway is shown in Figure 37. Natural resources and water quality east lake f Continue buckthorn management. f Perform prescribed burns on restored prairies on upland mine areas and oak woodlands. f Address fall algae blooms in the lake. north Creek corridor and preserve f Restore prairie on uplands and oak woodlands on the berms to the east. f Manage invasive vegetation along North Creek and adjacent areas. Vermillion river and rambling river Park f Widen and maintain stream buffers with native plants to improve floodplain wetlands and forest quality. Rambling River Park 3 Dodge Middle School School ballfields Riverview Elementary School 200 Feet ELM STREET AK I N R O A D CH I P P E N D A L E A V E W Proposed bridge over Vermillion River Proposed North Creek Greenway regional trail Connection to downtown Farmington Schmitz Maki Arena To Lakeville Depot Way Arts Park P P Figure 37. Downtown Farmington and rambling river Park Trail connection Wayfinding Proposed grade separated crossing Existing grade separated crossing Existing regional trail Existing local trail Proposed regional trail Proposed local trail Greenway corridor Gateway landmark Ver m ill ion Riv e r 50 Pa g e 9 9 o f 1 3 1 11 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Trees along the trail push up the pavement causing cracks and bumps. The trail currently leads under a low rail bridge where high water makes the trail unpassable. The trail under CR 50, looking south, during high water. Flooded trail leading to Dodge Middle School Pa g e 1 0 0 o f 1 3 1 12 SITE ANALYSIS SUMMARY The following issues emerged from the site anlaysis: • Trail conditions include flooded trails, roots pushing up the pavement, sharp curves, and worn and uneven pavement that is unsafe for many trail users, especially bicyclists. • Some of the playground equipment is outdated and in poor condition—other pieces of equipment have been removed due to condition. The play container floods during high water. • Vermillion River flooding restricts access to portions of the trail including two trail underpasses- -one under CR50 and one under the railroad. • The railroad underpass has very low clearance for walkers and bicyclists--it is unsafe. • Vandalism occurs frequently in the park--especially grafitti in areas that are not broadly visible. • The tennis courts are mostly unplayable and underutilized and take up a large area of the main park. The surface is in poor condition. • There is a lack of permanent restrooms at Feely Fields and near the playground and picnic shelter. • Signage in the park is outdated and in poor condition. • The Vermillion River is hidden from view and not promoted as a central feature of the park. • There is a lack of formal space for music in the park and other existing and potential events. • The park shelter is over 40 years old and is located within the floodway. • CR 50 bisects the park and creates unsafe situations for park users who try to cross the road. • Feely Fields ballfields have lights, which are desired by baseball and softball associations, but the fields lack tournament level features, such as a concessions/restroom building, equipment storage, ADA accessible viewing areas and pathways, and a configuration that serves tournament play. Pa g e 1 0 1 o f 1 3 1 13 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Issues and Opportunities Park Analysis Map Pa g e 1 0 2 o f 1 3 1 14 FLOODPLAIN ANALYSIS MAP The Vermillion River’s floodway and floodplain cover most of Rambling River Park. Restrictions exist for building new structures or moving soil within the floodway. FLOODWAY FLOODWAY FLOODWAY FLOODPLAIN FLOODPLAIN High water covers open areas of the park near the playground in the spring of 2023.Pa g e 1 0 3 o f 1 3 1 15 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN TOPOGRAPHY MAP Two foot contours highlight the Vermillion River corridor in the park. However, most of the park is relatively flat with minor grade changes. The view looking across the central part of the park to Feely Fields shows very little grade change.Pa g e 1 0 4 o f 1 3 1 16 P4S1P1P5S2P2 P6 S4 S3P3 PINE ST 1S T S T 1S T S T ELM ST DI V I S I O N S T DI V I S I O N S T VERMILLION RIVER 10 1 82824 200 204 32 31 35 33 31 212 39 220 3832 3024 304 29 19 17 301 10 14 18 16 Y B Y B Y B Y B Y C Y A Y C Y B Y C F I F I F I F I 1/0 A S 336 AL336 AL 2 AL 750 AL 50 0 A L 2 A S 750 AL 2 AS 4 AS 1/ 0 A L 2 A L 750 AL 6 C U 1/0 AL TX1/0 AL TX 1/ 0 2 A S CN 15BT01 25TF14 25BT19 15BT18 40TF02 3-FRM062 2-FRM071 F132-FRM062 25BT20 1-FRM062 F12 F04 CN25CT06 50AT17 1-FRM071 25CT05 6 AL DX 6 CU 6 C U 8 C U 140TF01 37.5BT03 F02 E-95-X02N.O. 50CT08 40 35 40 3540 40 35 40 40 40 40 40 30 30 30 40 50404540 1550 3535 15 45 15 3030 35 35 3535 15 40 40 3015 3540 40 15 BARN TOP DECK FRM-62 P02 P03 GAR RAMBLING RIVERPARK BOTTOM DECK FRM-71 G A R DISCLAIMER: THERE ARE NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT THE ACCURACY OF THIS PRINT. THIS PRINT IS PROVIDED WITH NO CLAIM AS TO PRINT COMPLETENESS, TIMELINESS, ACCURACY OF CONTENT OR USEFULNESS. STATE LAW REQUIRES ANYONE DIGGING, GRADING OR EXCAVATING TO OBTAIN A PRIOR FIELD LOCATE OF ALL UTILITIES; THIS PRINT DOES NOT DISCHARGE THIS REQUIREMENT OR ANY OTHER REQUIREMENT. THE COMPANY AND ITS AFFILIATES ASSUME NO LEGAL RESPONSIBILITY OR LIABILITY FOR THE RECIPIENT'S USE (OR ANY OTHER PARTIES' USE) OF THE PRINT, INCLUDING THE RECIPIENTS INTENDED PURPOSE IN USING THE PRINT. NO COMPANY EMPLOYEE OR OTHER PARTY HAS BEEN AUTHORIZED TO PROVIDE THIS PRINT FOR PLANNING OR ESTIMATING PURPOSES; RELY ON THIS PRINT AT YOUR OWN RISK. BY ACCEPTING THIS PRINT, THE RECIPIENT & ANY OTHER PARTY RECEIVING A COPY OF THE PRINT ACKNOWLEDGES AND AGREES TO THIS DISCLAIMER. For All Field Locates Call 811 THIS DOCUMENT IS XCEL ENERGY CONFIDENTIALS AND PROPRIETARY INFORMATION AND MAY NOT BE REPRODUCED IN WHOLE, OR IN PART, NOR MAY ANY OF THE INFORMATION CONTIANED HEREIN BE DISCLOSED WITHOUT THE CONSENT OF XCEL ENERGY. CONFIDENTIALS AND PROPRIETARY INFORMATION © 2019 XCEL ENERGY INC. | XCEL ENERGY IS REGISTERED TRADEMARK OF XCEL ENERGY INC Utilities MapPa g e 1 0 5 o f 1 3 1 17 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Pa g e 1 0 6 o f 1 3 1 18 18 NEEDS ASSESSMENT & CONCEPT EXPLORATION ENGAGEMENT EFFORTS Two phases of public outreach and engagement occurred during the planning effort. The first phase was meant to solicit broad input on park issues and opportunities, while the second phase was meant to seek input on draft concept ideas. PHASE 1 ENGAGEMENT (APRIL-MAY, 2023) • Survey Monkey online survey • Social Pinpoint Map • Stakeholder meetings CONCEPT DEVELOPMENT & EXPLORATION (MAY, 2023) • Concept A • Concept B PHASE 2 ENGAGEMENT (MAY-JUNE, 2023) • Music in the Park • Survey Monkey online survey Public Engagement at Music in the ParkPa g e 1 0 7 o f 1 3 1 19 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN RAMBLING RIVER PARK SURVEY SUMMARY How often do you visit Rambling River Park today?1 100 80 40 60 20 0 54%53% 22%22% 3% 22%22% 4% A Few Times Each Year Rarely Several Times Each Month Nearly Every Day Of 501 Total Responses Of 289 Farmington Resident Responses The initial survey was open from April 3rd to May 7th and received 501 total responses, 289 of those responders reside in the city of Farmington. See survey input from the entire survey group, and isolated statistics of those living in Farmington. Main ideas from the survey results have been summarized in the following pages. 58% Respondents’ households include the following family dynamics: At least 58% of respondents live in Farmington (Demographics shown in orange) (289/501 Responses) Other Addresses Listed Included: Respondents’ household size: 81% 80% % % Children (ages 0-18) 12% Seniors (age 60+) 11% Neither children nor seniors Have 4+ people in their household Have 3 people in their household Have one person in their household Have 2 people in their household 68%67% 16% 14% 3% 16% 13% 3% Lakeville EmpireHampton Cannon FallsKimball Rosemount Castle RockEagan 63% 25% 7% Ages 61-75 Ages 46-60 6% of FarmingtonResponders 27% of FarmingtonResponders 60% of FarmingtonResponders 3% of FarmingtonResponders Ages 31-45 Ages 19-30 501 Total Responses 289 Farmington Resident Responses 11%12% Survey Respondent Demographics PHASE 1 - SURVEY SUMMARY Pa g e 1 0 8 o f 1 3 1 20 Which features have you used at the park?2 “Other” Responses Included: Trails Play Equipment Parking Lots Picnic Shelter Restrooms Picnic Areas Neighborhood Trail Access Points Veterans Memorial Outdoor Hockey/Ice rinks Tennis Courts Baseball Fields (Feely Fields) Warming House Open Fields Softball Fields (Feely Fields) Other 0 10 20 30 40 50 60 70 80 90 100 76% 72% 51% 48% 45% 29% 25% 19% 19% 19% 19% 16% 14% 9% 3% Of 501 Total Responses • Fishing • Movies in the Park • Football • Wine Tasting • ECFE • Scout Events • Community Ed • Memorial Day Observance Of 289 Farmington Resident Responses 79% 73% 53% 50% 47% 30% 31% 26% 20% 18% 19% 18% 16% 9% 3% Which events and activities have you participated in at the park?3 Playground Trails Private Events Music in the Park Baseball/Softball Games Visit Veterans Memorial Outdoor Hockey/Ice Skating Tennis “Other” Responses Included: “Other” Responses Included: 75%67%37%32% 28%25%17%19% • Bridges for fishing • Trees and artwork • Football • The River • Picnic benches • River Access • Wildlife (birding, fishing) • Bridges for photography 78%38% 20% 69% 27%16% 40% 29% Of 501 Total Responses Of 289 Farmington Resident Responses Which of the following factors keep you from visiting Rambling River Park?4 Th e p a r k i s fl o o d e d o r t o o w e t No t h i n g k e e p s m e fr o m v i s i t i n g Th e r e i s a l a c k of p l a y g r o u n d eq u i p m e n t Tr a i l s a r e n o t i n go o d c o n d i t i o n Ot h e r Th e r e a r e n ’ t en o u g h t h i n g s t o do t h a t I e n j o y Te n n i s c o u r t s ar e n o t i n g o o d co n d i t i o n Th e p a r k i s n o t ea s y t o a c c e s s Th e p a r k i s t o o bu s y 33%31% 3% 41%44% 24%19% 27% 21% 14%12% 7% 1% 15%13% 7%3%1% • Unsafe/old Playground Equipment • Lack of Bug Control • Not Enough for all Ages • High Waters/ Snow/Icy • Lack of Seating • Lack of Parking • Graffiti/Safety/ Loose Dogs Of 501 Total Responses Of 289 Farmington Resident Responses Pa g e 1 0 9 o f 1 3 1 21 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN • Bridges for fishing • Trees and artwork • Football • The River • Picnic benches • River Access • Wildlife (birding, fishing) • Bridges for photography If you choose to visit another park instead of Rambling River Park, where do you visit and why?5 Pine Knolls - Proximity, better/ more playground equipment Distad Park, Jim Bell Park, Prairie View for change of scenery or walking with friends Parks with better playground equipment or more trails Rosemount Central Park - Beautiful, shade, awesome playground, splash pad, bathrooms, lots of parking, safe, trails...it has it all! Neighborhood Parks - Proximity, variety, better playgrounds Of 501 Total Responses Of 289 Farmington Resident Responses White tail. We love the trails, and spaces to sit and watch nature. Nice open spaces, amazing tree coverage, lots of wildlife Parks closer to our neighborhood The following improvements and additions have been suggested for Rambling River Park. Please rank the suggested improvements as to whether you feel they are a high, medium, or low priority (or neutral/no opinion). 6 Trail Improvements Improved Restrooms New Playground Equipment New Restrooms Pickleball Courts Improved Picnic Shelter Skate Park New 2nd Picnic Shelter between Veterans Memorial and Tennis Courts Improved Tennis Courts Convert Adult Softball Fields to Baseball Fields Of 501 Responses Are there any other facilities or improvements you think would help make Rambling River Park a better community park? Please list.7 Of 250 Responses Better/safer and more updated playground equipment, shaded seating for parents Better trail connections and trail loops - Trailhead for North Creek/ Lake MarionMore for older kids to do - skate park, pickleball, tennis courts, warming house... Variety of play - playground, nature play Splash pad, better water access More facilities to support popular events - amphitheater/bandshell, restrooms, more seating, bleacher seating, warming house, better parking, restaurant, another sheet of ice, drinking water... Sense of safety - sightliness, parking monitors, playground monitors, event security, lighting Improved trails, trail loops, wayfinding, care for trails, landscaping and seating Of 289 Farmington Resident Responses Of 289 Farmington Resident Responses 0 1 2 3 2.272.33 2.12.1 2 1.78 1.57 1.56 1.4 1.33 1.13 0.77 2 1.75 1.57 1.54 1.47 1.34 1.10 0.81 Results shown by the weighted average, 1 = Low Priority 3 = High Priority Mitigate flooding, better landscaping, snow removal Pa g e 1 1 0 o f 1 3 1 22 PHASE 1 - SOCIAL PINPOINT SURVEY RESULTS Data collected from project site out of 696 total visits. Pa g e 1 1 1 o f 1 3 1 23 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN PHASE 1 - STAKEHOLDER ENGAGEMENT City staff and park planners met with several stakeholder groups listed to the right. The meetings were focused on discussing issues and opportunities for the park. The top recommendations and desires that came out of those meetings include: • Trail improvements are needed throughout park in order to upgrade the trail to regional standards (10-12 ft wide), avoid tree roots, & stay out of high water where possible • Provide more access to & views of the Vermillion River • Improve or re-locate the trail crossing of the railroad—an issue for children who walk to school • Feely Fields are used for youth baseball, t-ball, and flag football. There is a desire for improved fields that are multi-use in a cloverleaf layout with additional amenities—covered dugouts, batting cages. The Farmington Youth Softball Association continues to grow, adding new players every year, and is one of the largest in the state. Farmington Youth Baseball numbers remain steady. • Desire for higher quality youth baseball fields (with lights) in the community, including a tournament-level baseball/softball complex with an equipment storage/concessions/restroom building • Strong desire for a skatepark in the community to serve teens who are currently going to other communities for skating, scootering, and biking; etc. • A new picnic shelter is planned as a partnership project between Farmington Area Veterans Memorial Committee & the City of Farmington. New restrooms will be near to or adjacent to shelter, as a partnership with Dakota County for a regional trailhead • The Farmington School District is open to the City of Farmington upgrading school tennis courts to pickleball courts for public use • Bank stabilization projects have been completed along the Vermillion River in the past in order to protect the river banks from eroding; water quality projects in and around the park are proposed for the future • New park facilities/structures must be built outside of the Vermillion River floodway STAKEHOLDER GROUPS Dakota County Office of Planning Farmington Area Veterans Memorial Committee Farmington School District Farmington Baseball & Softball Associations Members of The Farmington Skateboard + Scooter Community (Youth + Parents) City of Rosemount Parks and Recreation Director Vermillion River Watershed JPO MN Dept of Natural Resources - Hydrology Pa g e 1 1 2 o f 1 3 1 24 CONCEPT DEVELOPMENT & EXPLORATION Following the first phase of engagement and site analysis, two concept alternatives were developed in order to explore ideas. These concepts were then presented to the public to solicit additional feedback. Concept APa g e 1 1 3 o f 1 3 1 25 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Concept BPa g e 1 1 4 o f 1 3 1 26 MAY 31 ST OPEN HOUSE: MUSIC IN THE PARK At the May 31, 2023, Music in the Park event held at Rambling River Park, city staff and project design consultants held a pop up open house with boards displaying concept alternatives for future park improvements. Attendees were invited to write comments on the boards and talk with the project team about the future of the park. Many comments received related to the desire for a skatepark, including specific design elements. PHASE 2 - OPEN HOUSE Pa g e 1 1 5 o f 1 3 1 27 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN RAMBLING RIVER PARK SURVEY MONKEY INTRODUCTION The City of Farmington is in the middle stages of developing a long-range master plan for Rambling River Park. The planning process began in March and is expected to be complete by September of 2023. Based on feedback received in April, two concepts have been developed. Please review the concepts in this survey and provide your feedback based on priorities.   The park is a central community park in the city, and it has not had investments in several years. This master plan will identify a list of priority projects for the next several years, and a budget for improvements has not yet been determined. Please help the city plan by answering the questions below. Concept A Concept B 1 Of the two different concepts for the park’s primary recreation area, which concept do you prefer? 402 Responses The survey was open from May 31 to June 26, 2023, and received 402 responses. Main ideas from the survey results have been summarized on the following pages. Concept A 0%10%20%30%40%50%60%70%80%90%100% Concept B No preference, I like both options. PHASE 2 - SURVEY SUMMARY Pa g e 1 1 6 o f 1 3 1 28 2 Rank the items below as to which you think is the highest priority for implementation. (0 is lowest priority 9 is highest priority) 402 Responses Trail Improvements New Playground New Restrooms Picnic Shelter Bandshell w/ plaza Vermillion River Enhancements Skatepark Baseball Fields Pickleball 7.3 6.8 6.4 5.3 4.4 4.1 3.8 3.4 3.4 3 High level overview of other comments recorded on draft concepts survey: 127 CommentsMention a splash pad- Kids need water during the summer! Mention baseball (might be less pressure for baseball than it seems) Is there enough parking for baseball and skateboarding on one side? Would like to see a small playground by baseball fields for kids during long tournaments Concept A in park + Concept B at Feely (needs concessions, bathrooms etc.)Mention skateboarding (might be more pressure for skateboarding than it seems) Mention Hockey Mention Dog Park 34 comments 14 comments 30 comments 5 5 comments comments Pa g e 1 1 7 o f 1 3 1 29 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN MASTER PLAN CONCEPT OVERVIEW OF PREFERRED CONCEPT Recommendations in the master plan concept include elements and features that will update existing facilities that are well-loved and used frequently, while also adding new features to serve a wide variety of age groups and recreational interests. Park improvements are identified in the list and plan graphics on the following pages. OVERALL PARK IMPROVEMENTS • Upgrade and improve all greenway trails to regional trail standards--realign the trail to smooth curves, widen the trail to 10 feet, and remove trees as necessary to facilitate an improved trail experience. Work with Dakota County to extend the greenway trail on either end of the park. • Update and improve all park trails to be paved and ADA accessible. • Add more access to the river on the south side of CR 50/Elm Street for fishing. • Build a new elevated boardwalk to Dodge Middle School from the greenway trail. As it is a walking route for students, this will need to be plowed. SHORT TERM PARK IMPROVEMENTS • Replace the current playground with new play equipment that is outside the floodway. • Build a small bandshell and terrace seating for concerts and events. • Build a new open-air picnic shelter near the Veterans Memorial. • Build a new restroom building near the playground and trailhead facilities adjacent to the main parking lot. • Add naturalized vegetation along the Vermillion River, especially in flood-prone areas. • Improve entrance and wayfinding signage throughout the park with updated city branding. • Build a skatepark at Feely Fields. • Improve circulation between the north and south sides of the park with added trails along Denmark Ave and an upgraded pedestrian crossing of CR 50. Add traffic calming along CR 50 with low maintenance vegetation and a planted median. • Add pickleball courts and one tennis court at Dodge Middle School. • Add a splashpad adjacent to the playground. LONG TERM PARK IMPROVEMENTS • Reconfigure and update ballfields at Feely Fields--add a concessions/restroom/equipment storage building, add covered dugouts and batting cages. Update all pathways to be paved and ADA accessible. • Add a new railroad crossing on the north side of the park--consider an elevated overpass that is pedestrian and bicycle accessible. Pa g e 1 1 8 o f 1 3 1 30 Overall Plan Concept Pa g e 1 1 9 o f 1 3 1 31 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Short Term Concept Pa g e 1 2 0 o f 1 3 1 N 32 Long Term ConceptPa g e 1 2 1 o f 1 3 1 33 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Bandshell with informal park seating Restroom building Traffic Calming median with low maintenance vegetation River Restoration PRECEDENT IMAGERY Pa g e 1 2 2 o f 1 3 1 Figure 3. Programming - Concept 3 34 MASTER PLAN CROSS SECTIONS Precedent images that highlight goals for different areas in the plan. Pa g e 1 2 3 o f 1 3 1 35 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Pa g e 1 2 4 o f 1 3 1 36 36 PHASING PLAN & COST ESTIMATE PHASING OVERVIEW Capital development projects that have been identified in this plan will occur as funding and partnership opportunities arise. Several projects have been identified to be implemented in 2024 due to available funding and community and stakeholder input. PHASE 1 - 2024 PROJECTS • Dakota County Greenway trails through the park • New trails in the main area of the park • Removal of tennis courts • New Playground • New Restroom Building • Vegetation and naturalization projects PHASE 2 - SHORT TERM PROJECTS (2025-2030) • New Skatepark with shade structure • New Picnic Shelter • New Bandshell and terrace seating • New Pickleball courts and one tennis court at Dodge Middle School PHASE 3 - LONG TERM PROJECTS (AFTER 2030) • New Splashpad • Feely Fields ballfield updates and reconfiguration • New pedestrian bridge over railroad Pa g e 1 2 5 o f 1 3 1 PROJECT PHASING PLAN DIAGRAM The diagram below identifies project areas by the proposed phasing schedule. 37 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN PHASE 1 (2024) PHASE 2 (SHORT-TERM) *Not pictured on map: pickleball courts that will go in During Phase 2 PHASE 3 (LONG-TERM) *Not pictured on map: Pedestrian Bridge over RR that will go in Phase 3 LEGEND: Pa g e 1 2 6 o f 1 3 1 COST ESTIMATE - PROPOSED 2024 PROJECTS COST ESTIMATES SUMMARY See detailed cost estimate tables on pages 38-40 for description of project phases. Description Qty. Unit Unit price Totals Notes Bituminous Trails County - New Trails 2765 LF $120.00 $331,800.00 New ADA 10’ trail in main park and connection to trailhead/parking (950 LF north of CR50, 1815 LF south of CR50) Site furnishings 12 EA $1,500.00 $18,00.00 new furnishings throughout, benches, picnic tables, receptacles Invasives Removals 1 EA $25,000.00 $25,000.00 Invasives Removals Site Demolition + Grading 1 EA $150,00000 $150,000.00 Removal of Tennis courts and all site grading Restroom Building 1 EA $500,000.00 $500,00.00 17x17 restroom building with expanded mech for future splash pad Stormwater Allowance 1 EA $50,000.00 $50,000.00 Rain gardens and other BMPs--partner with VRWJPO Vermillion River Restoration 1 AC $7,500.00 $7,500.00 41,100 SF Vermillion River edge native planting--partner with VRWJPO and DNR Screening Planting 12 EA $750.00 $9,000.00 Screening around Veterans Memorial Canopy Tree Plantings 25 EA $750.00 $18,750.00 New Canopy trees throughout park north of CR50 (excluding Veterans Memorial screening) Inclusive Playground 1 QUOTE $400,000.00 $400,000.00 Replacement to be Inclusive Playground, Existing castle playground to Meadowview Park Plazas/ Flatwork 6044 SQ $15.00 $90,660.00 Under Veterans shelter, restroom, bandshell, and trailhead Bituminous Trails Inside Park - 8’ wide 3612 LS $85.00 $307,020.00 New City trails within park, excluding County trails (2252 LF north of CR50, 1360 LF south of CR50) Subtotal $1,907,730 Mobilization (5%) $95,387 Design/Engineering/Survey/Testing/CA (18%) $343,391 Base Total $2,346,508 Design and Construction Contingency (10%)$234,651 Phase 1 - 2024 Total $2,581,159 Project Phase Cost Estimate City Funding Notes Proposed 2024 Projects $2,581,159 $1,374,359 needed ($400K not included- already secured through ARPA funds for new inclusive playground) *Proposed Dakota County cost share for greenway trailhead facility; 100% of trail costs related to the regional greenway alignments if city leads/covers design and project delivery costs (essentially an 85/15 cost share) **Partner on securing funding for natural resource/water quality improvements along and beyond the greenway corridor Potential Dakota County cost share*$400,000 (trailhead) $331,800 (regional trails) Potential VRWJPO cost share**$75,000+ Short-Term Projects (not including 2024 projects)$4,593,705 TBD (~$4million needed) Includes potential additional $400K+ from Dakota County for regional trail construction and partner funding from Veterans Memorial Committee Long-Term Projects $6,911,328 TBD Could include additional County or partner funding for trail bridge TOTAL Cost Estimate (all phases)$14,086,192 38 Pa g e 1 2 7 o f 1 3 1 COST ESTIMATE - PROPOSED SHORT TERM PROJECTS (INCLUDES 2024 PROJECTS) Description Qty.Unit Unit Price Totals Notes Bituminous Trails COUNTY- Replace Existing 3600 LF $90 $324,000 Salvage 50% of existing trails, Remove some trees, widen to 10’, repave Bituminous Trails COUNTY - New Trails 3600 LF $120 $432,000 50% New ADA 10’ trail through park Site furnishings 25 EA $1,500 $37,500 New furnishings throughout, benches, picnic tables, receptacles Invasives Removals 1 EA $50,000 $50,000 Invasives Removals ($25K in 2024, and $25K in 2025-2026) Raised Driveable Boardwalk Connection 270 LF $1,000 $270,000 Connect County trail to School (Confirm County cost $1000/LF) Planted Median Traffic Calming 450 LF $350 $157,500 10’wide x 450’long, curb and gutter, mulched beds, planted trees (will need county coordination) Pedestrian Crossing + Traffic Control 2 EA $60,000 $120,000 Striping with raised concrete (will need county coordination) Tennis Court + 4 Pickleball courts 1 QUOTE $312,000 $312,000 replacement quote (4 pickleball, 1 tennis, fencing) Pickleball Court - shade structures 4 EA $15,000 $60,000 single post fabric shades installed Pickleball Court - lighting 9 EA $12,000 $108,000 Large lights around outside and 1 in the middle, Could maybe reduce number Pickleball Courts - additional 7 EA $70,000 $490,000 add 7 more courts for a total of 11 Site Demolition + Grading 1 EA $150,000 $150,000 Removal of Tennis courts and all site grading Restroom Building 1 EA $500,000 $500,000 17x17 restroom building with expanded mech for future splash pad Stormwater Allowance 1 EA $50,000 $50,000 Rain gardens and other BMPs--partner with VRWJPO Vermillion River Restoration 1 AC $7,500 $7,500 41,100 sqft Vermillion River edge native planting Screening Planting 12 EA $750 $9,000 Screening around Veterans Memorial Canopy Tree Plantings 25 EA $750 $18,750 New Canopy trees throughout park (excluding Veterans Memorial screening) Inclusive Playground 1 LS $400,000 $400,000 Replacement to be Inclusive; existing castle structure to Meadowview Park Plazas/ Flatwork 6044 SQ $15 $90,660 Under Veterans shelter, restroom, Bandshell, and trailhead Performance Pavillion 1 EA $500,000 $500,000 750 sqft Low maintenance perfomance pavillion Veterans Picnic Shelter 1 EA $250,000 $250,000 Veterans Shelter 8post, w/electrcity (20220128 Webber Quote) NEED TO REQUOTE, need footers Bituminous Trails Inside Park - 8’ wide 2252 LF $85 $191,420 New trails within park, excluding County trails Terrace Seating 65 LF $250 $16,250 Single Arch Concrete retaining wall Seating Feely Fields Site Demolition + Grading 1 EA $60,000 $60,000 Remove backstops, fencing, grade out, restore, 40k SF, 12k SF turns into skatepark Feely Fields Canopy Tree Plantings 13 EA $750 $9,750 New Canopy trees throughout park Feely Fields Screening Planting 18 EA $1,000 $18,000 Screening between Xcel and skatepark Skate Park 1 EA $500,000 $500,000 12,000 sqft skatepark SkatePark Shelter 1 EA $55,000 $55,000 Simple 10x10 Steel Shelter +300 sqft flatwork Bituminous Trails Inside Park - 8’ wide 1360 LF $85 $115,600 New trails within park, Exclude trail connection to intersection, around new fields, County trails SUB TOTAL $5,302,930 Mobilization (5%)0.05 $265,147 DESIGN/ENGINEERING/SURVEY/TESTING/CA (18%)0.18 $954,527 BASE TOTAL $6,522,604 DESIGN AND CONSTRUCTION CONTINGENCY (10%)0.10 $652,260 SHORT-TERM TOTAL $7,174,864 39 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Pa g e 1 2 8 o f 1 3 1 Description Qty.Unit Unit Price Totals Notes Feely Fields Site Demolition + Grading 1 EA 120000 $120,000 2 Fields - Remove backstops, fencing, grade out, restore, Multiuse Ballfield 1 EA $275,000 $275,000 Premier 250’OUT/60’IN Youth field, Match existing fence, refurbish existing, add large bleachers, large dugouts Ballfield 2 EA $300,000 $600,000 New 225’OUT/60’IN Youth Softball, small bleachers, small dugouts Batting Cages 1 EA $25,000 $25,000 20’x60’ Cage with netting, single stall Bullpen 1 EA $10,000 $10,000 (2) stall bullpen, conc edge with portable mount Salvage/ Move Field lights 6 EA $10,000 $60,000 move 6 of 8 existing lights for new field alignments Concessions Building 1 EA $1,000,000 $1,000,000 Concessions, picnic, restrooms, maintenance (Similar to Lakeview Knolls, add maintenance shelter) Extend water from Denmark Ave 600 LF $80 $48,000 Water connection into park Plazas/ Flatwork 10400 SQ $15 $156,000 central plaza and under bleachers Bituminous Trails Inside Park 1100 LF $85 $93,500 New city trail construction around field and out to intersection Bridge 1 EA $110,000 $110,000 50’ pre-fab bridge on Vermillion River next to Schmitz Maki Arena (COUNTY) Playground 1 EA $200,000 $200,000 New 3000 SF 2-12 playground Canopy Tree Plantings 50 EA $1,000 $50,000 New Canopy trees throughout park Bridge 1 EA $110,000 $110,000 50’ pre-fab bridge on Vermillion River north of HWY50 (CITY BRIDGE) Trailhead 1 EA $25,000 $25,000 Standard county trailhead with bike repair station Splashpad 1 EA $500,000 $500,000 new 700sqft (30ft dia) splash pad with recirc system Additional Parking 18 STALL $4,500 $81,000 Expand existing parking to the West Pedestrian Bridge 1 EA $2,000,000 $2,000,000 Outside Park Boundary, county cost? ADA trail? (COUNTY) SUB TOTAL $5,463,500 DESIGN/ENGINEERING/CA (15%)0.15 $819,525 BASE TOTAL $6,283,025 CONTINGENCY (10%)0.10 $628,303 LONG-TERM TOTAL $6,911,328 COST ESTIMATE - PROPOSED LONG TERM PROJECTS 40 Pa g e 1 2 9 o f 1 3 1 FUNDING OPTIONS AND SOURCES Potential funding sources include existing and potentially new city funding along with outside grant funding. City funding is typically used as a match source for grants that require it. EXISTING CITY FUNDING This is the primary source for ongoing maintenance, operations, and amenities for the park system. Capital improvements can also be funded through general funds. NEW CITY FUNDING Dedicated Tax Levy A city can hold a referendum for a dedicated tax levy with proceeds directed specifically for community parks. Funds can be used for capital projects as well as operations and maintenance, and may be in place of or supplement general funds. The advantage of a dedicated tax levy is that parks and recreation receives a more stable source of funding and does not have to compete with other city priorities for funding on an annual basis. Bonding General Obligation Bonds and Revenue Bonds provide another source of implementation funding for new facilities, and in some cases, can provide funding for repairs and upgrades of existing facilities. Residents can decide to raise revenue through a permanent or temporary tax increase dedicated for specific purposes such as park improvements and maintenance. These funds are usually provided through bonds approved as part of a voter referendum. GRANTS MN DNR Natural and Scenic Area Grants: Projects must align with the State Outdoor Recreation Plan (SCORP). This grant is typically available annually, with an application deadline in early spring. https://www.dnr.state.mn.us/grants/land/natural-scenic-app-cycle.html MN DNR Outdoor Recreation Grants: Projects must align with the State Outdoor Recreation Plan (SCORP). This grant is typically available annually, with an application deadline in early spring. https://www.dnr.state.mn.us/grants/recreation/outdoor_rec.html MN DNR Conservation Partners Legacy Grant: This program funds conservation projects that restore, enhance, or protect forests, wetlands, prairies, and habitat for fish, game, and wildlife in Minnesota. https://www.dnr.state.mn.us/grants/habitat/cpl/index.html SPONSORS AND PARTNERS Partnerships Public and private partnerships can provide funding opportunities beyond the traditional municipal models. Existing partnerships with the Farmington Area Veterans Committee, local athletic organizations, the Farmington School District, and local businesses can help with implementation of events and programming, while also providing support for potential grant writing efforts. Organizations with partner funding can also provide assistance with design, outreach, or maintenance of facilities. Consider future partnerships with arts organizations, youth or senior organizations, or other recreationally-oriented groups. Donations Private donations may be from individuals or area corporations, or donations of labor from recreation clubs or use agreements. IDENTIFIED FUNDING Funding sources for 2024 projects have been identified as follows: Item Amount Funding Source Trailhead features: Restroom building, Kiosk sign, Bike fix-it station $400,000 Dakota County Playground equipment $400,000 American Rescue Plan Act funds 41 DRAFTAugust 16, 2023 | RAMBLING RIVER PARK MASTER PLAN Operations & Maintenance Needs With new capital investments in the park, the city will need to plan for increased operations and maintenance needs, such as: • New or specialized equipment or staff skills may be needed to maintain new park facilities, such as a splashpad.• A new permanent restroom building and splashpad will need daily cleaning. • Consider where vandalism and graffiti may occur in the park and plan for efficient methods for removal and prevention. • If and when long-term facilities are developed, new operations staff may be needed. Pa g e 1 3 0 o f 1 3 1 42 Pa g e 1 3 1 o f 1 3 1