HomeMy WebLinkAbout04.04.11 Council Packet
City of Farmington
430 Third Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Jason Bartholomay Christy Fogarty
Terry Donnelly Julie May
AGENDA
REGULAR CITY COUNCIL MEETING
April 4, 2011
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Proclaim Earth Day April 22, 2011
b) Proclaim Arbor Day April 29, 2011
c) Spring Clean Up Day April 30, 2011
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor
citizen comments regarding non-agenda items. No official Council action can be taken on these items.
Speakers are limited to flVe minutes to address the Council during "Citizen Comment" time,)
7. CONSENT AGENDA
a) Approve Council Minutes (3/21/11 Regular) (3/19/11 Special)
b) Approve 2010 Audit Transfers - Finance
c) Approve Agreement with Farmington Adult Fastpitch Organization - Parks
and Recreation
d) Authorize Advertisement for Engineering Technician Position - Engineering
e) Approve Request for Funding - Local Storm Water Model Update-
Engineering
f) Approve 2011 Mowing Contract - Engineering
g) Adopt Resolution - Approve Joint Powers Agreement with Dakota County
for Household Hazardous Waste Drop-off - Municipal Services
h) Accept Resignation City Administrator - Administration
i) Approve Joint Powers Agreement Dakota County Digital Elevation Mapping
- Engineering
j) Approve Bills
Action Taken
April22, .2011
Apri129, 2011
Aprit30, 2011
Approved
APproved
Approved
Authorized
Approved
Approved
R21-11
Accepted
Approved
Approved
REGULAR AGENDA
(The Council takes a separate action on each item on the Regular Agenda. If you wish to address the
Council regarding any or all of the items on the Regular Agenda, please address the item when the
item is discussed. Speakers will be given at least three minutes to speak per item. Additional time
may be granted to speakers representing two or more persons.)
8. PUBLIC HEARINGS
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
a) EDA Composition
14. ADJOURN
Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803.
Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation.
Table of Contents
Agenda. . . . . . . . . . . . . 2
Proclaim Earth Day April 22, 2011
Memo . . . . . . . . . . . . 4
Proclamation. . . . . . . . . 5
Proclaim Arbor Day April 29, 2011
memo . . . . . . . . . . . . 6
proclamation. . . . . . . . .7
Approve Council Minutes (3/21/11 Regular)(3/19/11 Special)
3/21/11 Minutes. . . . .8
3/19/11 Minutes. . . . . .16
Approve 2010 Audit Transfers
Transfer approval 4-4-11 . 17
Approve Agreement with Farmington Adult Fastpitch
Organization
memo . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
agreement. . . . . . . . . . . . . . . . . . . . . . . . . 20
Authorize Advertisement For Engineering Technician Position
Engineering Technician Position . . . . . . . . . . . . .24
Approve Request for Funding Local Storm Water Model Update
Storm Water Model Update_memo. . . . . . . . . . 25
Storm Water Model Update_scope of work. . . . . . 27
13528 Cost Share Lakeville and Farmington Hydro
Models. . . . . . . . . . . 39
Approve 2011 Mowing Contract
2011 Mowing Contract . . 60
Mowing Contract. . . . .62
Adopt Resolution - Approve Joint Powers Agreement with
Dakota County for Household Hazardous Waste Drop-off
Memo . . . . 66
Resolution. . . . . . . . . . . . 68
Agreement. . . . . . . . . . . . 69
Accept Resignation City Administrator
Letter . . . . . . . . . . . . . . 74
Approve Joint Powers Agreement-Dakota County Digital
Elevation Mapping
Dakota County JPA-Digital Mapping 040411 . . 75
Mapping JPA 1 . . 76
Approve Bills
List of Bills. . . . 79
1
5~
City of Farmington
430 Third Street
.;armingtoll, Minnesota
651.280.6800. Fax 651.280.6899
w ww:ci. farmingtlm.nl1l.L1...
TO: Mayor, Council Members, and City Administrator
FROM: Lena Larson, Municipal Services Coordinator
SUBJECT: Proclaim Earth Day
DATE: April 4, 2011
INTRODUCTION & DISCUSSION
The United States has celebrated Earth Day on April 22 since 1970. In 1990, it became a global
event. Promoting Earth Day activities and events educates the public about the importance of acting
in an environmentally sound fashion by reducing waste, conserving energy and water, and adopting
more ecologically sound lifestyles.
In commemoration of Earth Day, the City has several events planned. The 10th Annual Community
Pond & Park Cleanup will be held on Saturday, April 30 and the City is partnering again this year
with Farmington Area Community Education to bring an Earth & Arbor Day Celebration to the
community.
Earth & Arbor Day will be held at Rambling River Park from 11 :30am to 12:30pm and gives
participants an opportunity to learn about how their actions impact the environment. Kids Rock will
entertain the Pond & Park Cleanup volunteers and Earth & Arbor Day attendees from 11 :30am to
12:30pm and there will be earth friendly activities and exhibits.
Curbside Cleanup Days start on Saturday, April 23 and end May 21. The Curbside Cleanup Day
program gives Farmington residents the opportunity to recycle and dispose of a number of difficult to
dispose of materials.
ACTION REOUESTED
Proclaim April 22, 2011 to be Earth Day in Farmington.
Respectfully Submitted,
Lena Larson
Municipal Services Coordinator
4
(t:)ffice of tfje mal'or
5arrnington, Ininnesota
~artfj J1:>a1' 2 011
10rocfamation
W:Jf'E'R'E:AS, in 1970, more than twenty mi{Cion .Jtmericans joined
together on 'Earth Day in a demonstration of concern for the
environment, a1'J-d their corrective action resufted in the yassage of
svveeying new raws to yrotect our air, water and {and; and
, '
W:Jf'E'R'E:AS, The yeoy{e of :Farmington take great yride in our City's
naturae beauty and SUYYOKt a crean and safe environment; and
W:Jf'E'R'E:AS, 'Earth 'Day is a nationa{ and internationa{ carr to action
for a{{ citizens to join in a g{oba{ effort to save the y{anet; and
W:Jf'E'R'E:AS, 'Earth Day activities and events wife educate a{{ citizens
on the imyortance of acting in an environmenta{{y sound fashion
by reducing waste, conser1{ing energy and water, using efficient
transyortation, and adoyting more eco{ogica{{y sound (ifes ty {es; and
Vy:Jf'E'R'E:AS, Through increased environmenta{ awareness,
Earmington can meet the cha{{enge of having an eco{oglca{{y heafthy
com1nunity and a vigorous environment for its citizens;
NOW T:Jf'ER'E:FO'R'E, 13'E IT PROCL.JUM'Ef}) that the City Counci{ of the
City of :Farmington designate and yroc{aim .Jtyri{ 22, 2011 as 'Earth Day.
In witness whereof I have hereunto set my hand and caused the sear of
this city to be affixecC -- --
Mayor,
Date q?~-d ( cRCJ//
5
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0.6
City of Farmington
430 Third Street
Farmington, I\'1inncsota
651.463.7111 . Fax 651.463.2591
ww\v.ci. filrmington. mll.L1,'i
TO: Mayor, Councilmembers and City Administrator
FROM: Missie Kohlbeck, Senior Center Coordinator
SUBJECT: Arbor Day Proclamation
DATE: April 4, 2011
INTRODUCTION
The City, as part of its Tree City USA requirements, holds an annual Arbor Day celebration in the
spring.
DISCUSSION
The City has for the past 20 years been designated as a Tree City USA community by the National
Arbor Day Foundation. To continue with this designation, the City Council must proclaim Arbor
Day in the City of Farmington and hold an Arbor Day celebration. The City's Arbor Day
celebration is planned for Friday, April 29, 2011 in Lake Julia Park at 10:00 a.m. Fifth grade
students from Meadowview Elementary School will participate in the planting of several new trees
in Lake Julia Park during the Arbor Day celebration.
The City Council is invited to participate through its collective support ofthe attached proclamation
and also attendance at the Arbor Day celebration in Lake Julia Park.
BUDGET IMPACT
Expenditures for the Arbor Day celebration are included in the 2011 Budget.
ACTION REOUESTED
Proclaim Friday, April 29, 2011 as Arbor Day in Farmington.
Respectfully submitted,
Missie Kohlbeck
Senior Center Coordinator
6
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COUNCIL MINUTES
REGULAR
March 21,2011
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Troop 119 and Pack 117 led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Larson, Bartholomay, May, Fogarty (arrived 7:28 p.m.)
Donnelly
Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator;
Teresa Walters, Finance Director; Randy Distad, Parks and
Recreation Director; Todd Reiten, Municipal Services Director;
Brenda Wendlandt, Human Resources Director; Tina Hansmeier,
Economic Development Specialist; Cynthia Muller, Executive
Assistant
Mary Scheide, John Colby, Tammy Brollier, Grant Hoffineister,
Carter Brollier, Jacob Thelen, Morgan Robinson, Jaycob Fritz,
Jackson Karye, Alex Hoffineister, Mary Yakibchuk, Lacelle
Cordes, Ben Welter, Russ Howe, Dale Running, Blair Simonsen,
Grant Barber, Paul Harrington, Curt Rudoph, Joe Mihe, John
Meier, Aaron Sauter
4. APPROVE AGENDA
Councilmember Bartholomay pulled item 7d) February 2011 Financial Report for
comment. Councilmember May pulled items 7b) Curbside Cleanup Day Agreement and
7d) February 2011 Financial Report for separate vote. City Administrator Herlofsky
added item 7i) EDA Transfer. Mayor Larson pulled item 14a) Executive Session for
April 18.
MOTION by Bartholomay, second by May to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Introduce Promoted Employee - Municipal Services
Municipal Services Director Reiten introduced Randy Bock. Randy has been
working in the Parks Department and will now be working in Streets and Utilities.
b) Acknowledge Retirement - Rosemary Swedin
City Administrator Herlofsky and Mayor Larson acknowledged the retirement of
Rosemary Swedin. She was the second employee hired in the City in 1967 and
worked here for 43 years. Her last day will be March 25,2011.
8
Council Minutes (Regular)
March 21, 2011
Page 2
6. CITIZEN COMMENTS
Ms. Mary Scheide, Manager of Dakota County Farmington Library, provided Council
with copies of the Library's Spring Program Guide. The library has several new services
to offer residents. Ms. Scheide also gave highlights of upcoming programs.
7. CONSENT AGENDA
MOTION by Bartholomay, second by May to approve the Consent Agenda as follows:
a) Approved Council Minutes (3/7/11 Regular) (3110/11 Workshop)
c) Approved Liquor License Suspension - City Attorney
e) Adopted RESOLUTION R18-11 Accepting Donation from Rotary Club to
Youth Scholarship Program - Parks and Recreation
:t) Adopted RESOLUTION R19-11 Approving Joint Powers Agreement with the
State of Minnesota/Bureau of Criminal Apprehension - Police Department
g) Approved Appointment Recommendation - Fire Department
h) Approved Bills
i) Approved EDA Transfer - Finance
APIF, MOTION CARRIED.
b) Approve Curbside Cleanup Day Agreement
Councilmember May noted the recommendation was to eliminate the scrap metal
collection and asked if there were insufficient funds to do that. Municipal
Services Director Reiten explained last year the budget was $155,000 and we
came in $1,000 under that. The amount of scrap metal has decreased each year.
To send two men around and a truck to collect scrap metal it would cost between
$5,000 - $7,000. If it was disposed of in the garbage, it would cost $350. It is not
cost effective to collect it separately. Most ofthe scrap metal put out is picked up
by scavengers. The City plans to have a household hazardous waste cleanup and
the extra money would be put towards that event. Residents can either put their
scrap metal out or take it to the Recycling Zone where residents would be paid for
it. Staff would prefer that residents not put out scrap metal. MOTION by
Bartholomay, second by May to approve the Agreement with Certified Appliance
Recycling LLC for recycling appliances and electronics for curbside cleanup days
2011. APIF, MOTION CARRIED.
d) February 2011 Financial Report - Finance
Councilmember May asked that this item be placed under Petitions, Requests and
Communications in the future. Regarding the Rambling River Center operations,
as a result of the transfer, revenues exceeded expenditures. Councilmember May
asked why not just transfer what we need. Finance Director Walters explained we
could do that, but the Rambling River Center has a negative :fund balance so for
them to exceed expenditures, that will offset the fund balance. Technically, they
need more than what they are getting.
Regarding the Rambling River Center renovations, the revenues exceeded
expenditures. Councilmember May asked ifthat was due to donations. Parks and
Recreation Director Distad explained the project is closed out as far as expenses.
9
Council Minutes (Regular)
March 21,2011
Page 3
So any revenues received for that fund will exceed expenditures because we no
longer have expenses. Councilmember May commended everyone involved with
that project. The community has been very generous with donations.
Councilmember May stated the explanation for the swimming pool did not make
sense where efforts by staff have lead to an increase in the fund balance. Finance
Director Walters stated there is a positive fund balance in the pool. The pool
receives revenues from fees and a transfer. They budget for revenues to equal
expenditures, but because expenditures have been kept down, the actual fund
balance has grown. The fund balance will be utilized in 2011 instead of having a
larger transfer from the liquor store. City Administrator Herlofsky stated the
warmer weather this year generated more revenue.
Regarding transfers, Councilmember May felt if we do not need the transfer to
cover a particular month, ifwe wait for the transfers until the end of the year,
perhaps one area would need it more than another after we see how it performs
throughout the year. She asked if it would be advantageous for us to not have the
transfers already made. City Administrator Herlofsky explained doing the
transfers monthly gives a more accurate picture of the fund. Finance Director
Walters explained the transfers are part of the revenue source because those funds
cannot support themselves. Councilmember May understood the need for the
transfer, but was concerned with the timing. Staff explained at the end of the year
Council can make a budget adjustment if transfers are needed more in another
area.
Under the liquor stores, Councilmember May noted expenses exceeded revenues.
Is that after the transfer? Finance Director Walters stated it is after transfers to the
general fund. We do not do the transfers to the pool on an ongoing basis. Those
transfers are done when the pool is open. Councilmember May stated for
February liquor store expenses did not exceed the revenues; is that correct? Staff
stated it did after the transfers. Councilmember May had concerns with the liquor
store running at a loss.
Looking at the budget summary, we are about $50,000 less in revenues compared
to 2010 and $20,000 over on expenditures compared to 2010. Finance Director
Walters noted last year we received an ALF payment and this year we do not.
That is the reason for the difference in revenues. Councilmember May noted we
are not doing well in investment income. We had $46,000 in January/February
2010 and we are at $15,000 this year. Staff stated last year we transferred per
budget so we took the budgeted amount and divided by 12. That is the amount
put in for interest. That was the previous practice and at the end ofthe year it was
adjusted to what it really was. The numbers in January and February from 2010
are not true numbers. That was adjusted mid-year to reflect actual numbers. We
now use actual numbers.
10
Council Minutes (Regular)
March 21, 2011
Page 4
Councilrnember May stated another area to watch is comparing permits in 2010
we had $70,000 and this year we have about $30,000. Staff stated there are two
big projects coming in this year.
Councilrnember Bartholomay asked if we will exceed the budget for snow
removal. As far as salt, staff stated we will exceed budget. It also depends on
November and December this year. Councilrnember Bartholomay stated that will
bring up another topic later regarding comp time. He asked ifthere were no fmes
in January. Staff confIrmed this. Councilmember May stated this area has under
performed for the budget that was set. MOTION by Bartholomay, second by
May to approve the February 2011 Financial Report. APIF, MOTION
CARRIED.
8. PUBLIC HEARINGS
a) Approve Spending Plan for Downtown Redevelopment Project Tax
Increment Financing District - Economic Development
There are existing TIF funds that can be utilized for private development that will
create or retain jobs. In order to use these funds the Council needs to approve a
spending plan and resolution that gives the authority to provide these funds to a
qualified project. The City has the ability to provide up to $65,000 that starts
construction before July 1, 2011. Otherwise, the funds must be returned to
Dakota County and a portion (37%) would be returned to the City. The EDA has
received an offer to purchase the McVicker lot. The developer requested
assistance to make the project feasible. The fmancial consultant has determined
this assistance is warranted. Approval of the sale contract will be brought to the
April EDA meeting.
MOTION by Fogarty, second by May to close the public hearing. APIF,
MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to adopt
RESOLUTION R20-11 approving the Spending Plan for Downtown
Redevelopment Project Tax Increment Financing District. APIF, MOTION
CARRIED.
9. AWARD OF CONTRACT
a) Approve Agreement Janitorial Cleaning Services - Parks and Recreation
Parks and Recreation Director Distad sent out an RFP for cleaning services for
five City buildings. Staff received eight proposals. McFarland Hanson submitted
the lowest proposal, however they had a calculation error and withdrew their bid.
The next lowest bidder was Coverall for $165,173.76 for a three-year period or
$55,057 annually. Currently the City pays ROC $86,000/year to clean the five
buildings. This would result in a savings of$31,000/year on cleaning services.
Councilmember Bartholomay noted Parks and Recreation Director Distad took
this over on January 1. He thanked him for doing the RFP and getting this
savings. Councilmember Bartholomay asked why this was not done sooner. City
Administrator Herlofsky stated last year there were not that many people
11
Council Minutes (Regular)
March 21, 2011
Page 5
interested or Parks and Recreation Director Distad did a better job.
Councilmember Bartholomay asked ifthere were any other areas we need to look
at for RFP's. City Administrator Herlofsky stated we are looking at a variety of
agreements, some have to do with leases of facilities. The same staff person is
also doing that. The contract with Coverall will start on May 1, 2011, and end on
April 30, 2014. The agreement with ROC requires 30 days notice.
Councilmember May considered tabling this item. She appreciated the substantial
savings, but Council had discussed moving staff to one floor or not having the
building cleaned every day. She did not see anything in the contract that would
allow us to change anything. She asked if staff could discuss with the company
whether the amount of area to be cleaned or the frequency would change the
amount. Parks and Recreation Director Distad noted the RFP does state we can
change the amount of area and the frequency. The contract talks about Exhibit A
which is the specifications for the RFP. Councilrnember Fogarty noted this is a
three year contract which protects the City's pricing, but we can also dissolve the
contract within 30 days. Councilmember May asked City Attorney Jarnnik ifhe
was comfortable with the contract language. The City Attorney stated the
contract says the contractor shall provide services in accordance with the plans
and specs in Exhibit A. Staffwill forward a copy of the RFP to Council.
MOTION by Fogarty, second by Bartholomay to approve the three-year
agreement with Coverall of the Twin Cities to provide janitorial cleaning services
in the amount of$165,173.76. APIF, MOTION CARRIED.
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Request to Reduce Ballfield Rental Fees Farmington Adult Fastpitch
Organization - Parks and Recreation
Staff received a request from the Farmington Men's Adult Fastpitch Softball
Organization to keep their fees at the current rate that was based on a five-year
agreement. That agreement expired at the end of the 2010 season. The current
fee was $300 for the regular season. The key points were:
- The Agreement was valid through the 2010 season after which time the
Organization would begin paying the regular rental fee that is charged in 2011.
- The ballfield rental fee charged to the Organization for using the Rambling
River Park's Feely Fields would be capped at $300/year through the 2010 season.
- The Organization would not receive any reduction in the tournament fees when
using the ballfield and would pay the tournament fee that is approved by the City
Council.
- The City was also acknowledging the past volunteer work and money raised by
the Organization resulting in the improvements being made to the ballfields at
Rambling River Park's Feely Fields.
- Identified each party's responsibility for maintenance and operations of the
fields.
12
Council Minutes (Regular)
March 21, 2011
Page 6
Representatives attended the February Parks and Recreation Commission meeting
to request a reduction in the ballfield rental fee for 2011. They requested to
continue paying the $300 rental fee for the entire season from the previous
agreement. Mr. Paul Harrington had stated at that meeting based on the 26 nights
the organization uses the field at the current fee of $40/night it would cost them
$1,100 to play the full league schedule. The Commission discussed options of
continuing to charge the organization $300 or the current amount of$I,100, or a
fee in between the two amounts. The Commission recommended the organization
be charged $700 during the 2011 season and then charge the full fee at the
beginning ofthe 2012 season.
Mr. Paul Harrington, fastpitch league spokesman, stated based on their history
and contributions, the league has provided a lot of service to the community.
Therefore, he felt there could be a compromise. With the increase in fees, it told
the league that anything done in the past 52 years means nothing. Mr. Harrington
gave a history of the league and the ballfields. The league felt the proposal was
too high. The high rates will put an end to the league.
Mayor Larson stated men's fastpitch softball has been a tradition. Back then,
doing it yourself was how things were done. This could be treated like an
economic development tool as it brings people into town. He asked Mr.
Harrington what they would be willing to pay. Mr. Harrington would like to keep
it at $300 for the next 3-5 years, but is open to a compromise.
Councilmember Bartholomay asked ifthere were any time demands for the field.
Staff has worked to open the fields up more for the slow pitch program.
Councilmember Bartholomay asked if the league would agree to $300 or $700.
Mr. Harrington stated $500 would be fair.
Councilmember Bartholomay asked about historical increases. Staff explained
this was a special fee for this group because of their past work. Prior to 2005
there was no fee. Councilmember Bartholomay felt we need to show that we
reward volunteerism.
Councilmember May asked how Council would answer to other clubs. This is not
the first organization that has asked to have fees reduced. She understood the
background and all the hard work, but they also received a reduced fee in the past
in exchange for some of that work. Things change and there are increased costs.
Ifwe grant a reduction here, everyone has a story. How do we single out one
group over others? Look at the Rambling River Center and all the volunteer
hours they put into that facility. What if they say we should not be charged a fee
to use the center because of all the work we did. She would not approve changing
the fee.
Councilmember Fogarty stated we are talking about work that was done 21 years
ago and appreciated volunteerism. The teams are paying $35-$60/person for a
13
Council Minutes (Regular)
March 21, 2011
Page 7
season. Looking at what other organizations are paying, this could be increased.
She would be in favor of$500/year for five years with an understanding there be
another increase. She is not looking for a fee of $1,100 as that would put them
out of business. Mayor Larson agreed.
Parks and Recreation Director Distad suggested bringing back a five year
agreement so Council has an actual contract to approve and everything is in
writing. City Attorney Jamnik asked if Council wanted to see an automatic
inflator at the end of five years to $750, or just have it come back in five years.
Councilmember Fogarty asked for language that there will be an increase to be
determined by the current Council.
Ms. Lacelle Cordes, stated if those fields were constructed in today's dollars, we
would be well over $1 million, if not $2 million. The contribution this group
provided to the community should be recognized. The group is not afraid to pay
the money, but to have a 150% increase is ridiculous.
MOTION by Fogarty, second by Larson to have staff prepare a contract for
$500/year for five years with the understanding there will be an increase for the
Council and Fastpitch Organization at that time to come to a new understanding.
Voting for: Larson, Bartholomay, Fogarty. Voting against: May. MOTION
CARRIED.
b) 2010 Annual Report - Municipal Services
Municipal Services Director Reiten presented the 2010 Municipal Services
Annual Report.
c) 2010 Annual Report - Parks and Recreation
Parks and Recreation Director Distad presented the 2010 Parks and Recreation
Annual Report.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Bartholomay: Warrior to Citizen will be hosting a veteran's dinner
on April 4, at New Heights Christian Church. There will be a GROW Farmington event
on March 30. The meetings have been focusing on promoting Farmington, uniting north
and south, and branding Farmington. They have been discussing signage, flower pots,
etc. The meetings are open to all residents and business owners.
14
Council Minutes (Regular)
March 21, 2011
Page 8
Councilmember Bartholomay asked about any flooding concerns. Staff has no concerns,
but residents should call the City with any problems.
Councilmember May: She apologized to City Administrator Herlofsky for
delaying his performance review as she will be absent from the next meeting. Council
agreed to conduct the review on April 18, whether all are present or not.
She is a member of the Farmington Rotary and there are 20-30 members. Under the
Consent Agenda, it was noted the Rotary Scholarships for the Park and Rec programs
served 256 individuals for over $10,000 in the last five years. They have also donated ten
benches. There are a lot of people in the community that support the club and that money
is given directly back to the community.
City Administrator Herlo/sky: Acknowledged the Municipal Services department
for the excellent job they did with handling all the snow this winter. He was very proud
of the employees.
Finance Director Walters: Thanked Rosemary Swedin for her dedication of 43 years
of service.
Mayor Larson: Thanked Rosemary Swedin for her years of service. If
there are any announcements regarding flooding, he urged residents to sign up for NixIe
and Twitter. Warrior to Citizen events are listed on the City's website and he encouraged
residents to attend. He asked residents to support local businesses.
14. ADJOURN
MOTION by Fogarty, second by Bartholomay to adjourn at 9:14 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
15
City Council! Staff Retreat
Minutes
March 19, 2011
The meeting was called to order at 9:10 a.m. by Mayor Larson.
Audience:
Larson, Bartholomay, Donnelly, May
Peter Herlofsky, Randy Distad, Todd Reiten, Brian Lindquist, Brenda Wendlandt,
Teresa Walters
Laura Adelmann, Michelle Leonard, Doug Bonar, Troy Corrigan
Present:
Also Present:
A general discussion took place regarding the March 10, Council Retreat. Further discussion
included strategic priorities and those detailed in the strategic planning document that was
prepared two years ago which included the following items:
1. Promoting open and honest communication
2. Providing exceptional service and programs
3. Encouraging economic development
Further emphasis was placed on Council reviewing the 2011 budget in detail to get a better
understanding of what would be needed for preparation ofa 2012 budget. It was decided to
encourage department heads and Council to meet over the next couple months to discuss their
current budgets. Council would review their schedule of meetings at their April 4, Council
meeting for scheduling times with individual departments. The time suggested was from 3 :00 -
5:00 p.m. with possible Thursday options. This will be discussed further at the Council meeting.
Respectfully submitted,
Cynthia Muller
Executive Assistant
16
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City of Farmington
430 Third Street
I-armington, Minnesota
651.280.6800. Fax 651.280,6899
www.ci.t:mningttm.TIlll.u..l
TO: Mayor, Councilmembers and City Administrator
FROM: Teresa Walters, Finance Director
SUBJECT: Approve 2010 Audit Transfers
DATE: April 4, 2011
BACKGROUND INFORMATION:
1. During 2009, Council approved the refunding of the 2001B bond. The bond was
refunded (or refmanced) in January 2010. Any funds remaining in the bond fund (3120)
after the bond was paid offwere transferred to the new bond fund (3097).
2. During our review of the "Road and Bridge fund," projects that were complete were
closed out to the bond fund. Those projects included Main Street Reconstruction (4110),
which had $150 remaining in the project and the Ash Street Project (4105) which went
over the project budget.
3. At the September 27,2010 EDA meeting a discussion was held regarding the TIP funds
combined into the HRA fund. In the memo, Staff informed council of a State mandate
requiring TIP funds to be tracked separately from other funds.
DISCUSSION:
Council needs to formally approve the transfers for the items listed above.
BUDGET IMPACT:
There is no budget impact. These are transfers from one fund to another.
ACTION REQUESTED:
1. Approve the transfer of the $30,601 balance remaining in the 2001B fund (3120) to the
new 2010B fund (3098). The source of the remaining balance was transfers from the 4
utility funds (Sewer, Water, Storm water, and Solid Waste), per the bond agreement. The
balance was needed to cover interest payments on the 201 OB bond.
17
2. Approve the Transfer of$150 from the Mainstreet project (4110) to its corresponding
debt service fund (3070) and the Transfer $18,974 from the Debt Service fund (3085) to
the Ash Street project (4105) to cover a deficit created due to unanticipated expenditures.
3. Approve transfers of the following from the HRA to the TIF funds (as determined by our
Financial advisors).
FUND BALANCE
2009 2010
Ending Beginning balance
Balance adjusted
HRA( 4700)
Downtown Redev Proj (4701)
Econ Dev Dist 13 BL (4716)
Redev Dist 2 (City Ctr) (4705)
TIF 13 Eagles (4717)
Total
$(334,265) $ (533,732)
84,989
4,658
106,899
2,921
$(334,265) $ (334,265)
Respectfully submitted,
Teresa Walters
Finance Director
18
)e
City of Farmington
430 Third Street
l'armington, Minnesota
651.280.6800. Fax 651.280.6899
W \\,.w.ci .I:ann ill!,>tlll1. TI11l.LL'l
TO: Mayor, CounciImembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Agreement with Farmington Adult Fastpitch Organization
DATE: April 4, 2011
ATTACHMENT: Five Year Agreement
BACKGROUND
An agreement with the Farmington Adult Fastpitch Organization (the Organization) expired after
the 2010 season. The City Council and the Organization wish to extend the agreement an
additional five more years.
DISCUSSION
At the March 21,2011 City Council meeting the Organization requested the ballfield rental fee
be reduced from the $40 plus tax per field per day that was approved to be charged in the 2011
Fee Ordinance. The City Council by a 3-1 vote approved the request and directed staff to create
a new five year agreement with the Organization that would require capping the fee at $500 per
season for regular season play. Attached is the new five year agreement.
BUDGET IMPACT
The rental fee charged will increase the annual revenue by $200 from the amount charged in the
previous five year agreement. The new fee being charged is less than the $40 plus tax per field
per day fee that is set by City Ordinance.
REOUESTED ACTION
Approve by motion the new five year agreement with the Organization.
Respectfully Submitted,
Randy Distad
Parks and Recreation Director
19
AGREEMENT
This Agreement is made this _ day of April, 2011, by and between the Farmington Men's Fastpitch
Softball League ("Men's Fastpitch") and the City of Farmington, a Minnesota municipal corporation (the
"City") (collectively referred to as the "Parties").
WHEREAS, the City owns, operates and maintains the Rambling River Park Feely Field ballfields in
the City of Farmington; and,
WHEREAS, Men's Fastpitch currently uses one Rambling River Park Feely Field ballfield (the
Ballfield) for league play; and,
WHEREAS, the Association had previously contributed through fundraising approximately $25,000.00
and volunteer labor for the construction of the Ballfield that they use; and,
WHEREAS, Men's Fastpitch is interested in paying through 2015, a fee for the rental of the Ballfield
that is different from the current ballfield rental fee that is in effect through the Fee
Ordinance (Section I, Parks and Recreation); and,
WHEREAS, the City is interested in charging a different rental fee than what is currently set by
ordinance that allows Men's Fastpitch to pay $500 per year, and for league play only, for
the use of the Ballfield.
NOW, THEREFORE, in consideration ofthe promises contained herein, the Parties hereby agree as
follows:
SECTION 1.
Acknowledgement of Men's Fastpitch Completion of Past Projects
1. The City recognizes that Men's Fastpitch completed initial construction ofthe Ballfield
through fundraising and volunteer labor efforts that included installation of the fencing
around the Ballfield, backstop construction, purchasing and installation of the light
fIXtures, installation of benches and installation ofan ag-lime infield at a total cost of
approximately $25,000.00.
2. Materials and volunteer labor provided for the construction ofa concessions building (it
has since been tom down due to age and condition) for both ballfields at Rambling River
Park Feely Fields.
SECTION 2.
Terms of Agreement.
1. Except as otherwise specifically provided herein, Men's Fastpitch shall be allowed to
use the Ballfield through the 2015 season at a cost of$500 per year, and for league play
only, in recognition and appreciation of covering the initial construction costs of the
Ballfield. Any extension or renewal ofthis Agreement or successor Agreement that
provides for use of the Ballfield by Men's Fastpitch in 2016 or beyond shall be at an
increased fee per year to be set by the Council.
Page 1 of4
20
2. Beginning in the summer of2011, Men's Fastpitch agrees to schedule the field for league
games on Wednesday evenings and other nights during the week as determined and agreed
upon by the City and Men's Fastpitch. Field scheduling will occur during the annual
meeting between the Parties.
3. The terms of this Agreement do not bind the Parties to the use of any other City-owned
ballfield.
4. Should a new outdoor ballfield complex be built somewhere else in and by the City in the
future, the Parties agree that this Agreement shall be null and void.
5. Men's Fastpitch shall be allowed to use the Ballfield for tournament play but shall
complete a tournament application and pay the appropriate tournament fees including
garbage service that are charged.
6. Men's Fastpitch agrees to not tamper with, remove or move any bases or the pitching
rubber or pitching rubbers on the Ballfield and if it desires to have either the bases or
pitching rubber moved or removed, the League Director shall contact the Park
Maintenance Supervisor at least 24 hours in advance to have the City either move or
remove them.
SECTION 3.
Men's Fastpitch Obligations.
1. The League Director of Men' s Fastpitch shall serve as the contact person for the league
and shall be the person who contacts City of Farmington staff to reserve and rent the
Ballfield for regular league play and for tournaments. A league schedule that identifies
game times and dates shall be provided to City staffat least two weeks in advance of the
ballfield being used by Men's Fastpitch for their league games.
2. Men's Fastpitch shall make the City aware of any ballfield maintenance issues that it
discovers and or experiences either during practices, league play or tournament play.
3. Men's Fastpitch shall be responsible for the dragging ofthe Ballfield during its own
tournament games.
4. Men's Fastpitch agrees to turn off all lights each night after all practices and games have
concluded.
5. Men's Fastpitch agrees to assist in picking up garbage after games and practices
and dispose of it in garbage containers that are adjacent to the Ballfield.
6. The Men's Fastpitch League Director shall meet annually with the City to conduct a
review of the scheduling and maintenance of the Ballfield.
7. Men's Fastpitch agrees to pay the ballfield league rental fee of$500 to the City prior to its
fITst league game of the season.
Page 2 of4
21
SECTION 4.
City's Obligations.
1. The City shall provide maintenance of the field including such things as, but not limited to,
the following: dragging, mowing, fertilizing, aerating, field and fence repairs, weed
eradication and replacement of lamps in the field lights.
2. During regular season play, the City shall provide garbage containers adjacent to the
Ballfield at no cost that allows Men's Fastpitch participants and fans the opportunity to
properly dispose oftheir garbage into at no cost. The City shall remove this garbage on a
regular basis on a schedule determined by the City.
3. The City shall provide bases and a pitching rubber once per season. If the pitching rubber
or bases are damaged, stolen or are in disrepair and need to be replaced, Men's Fastpitch
will replace at their own cost.
SECTION 5.
Insurance Requirements and Indemnification of the City.
1. Men's Fastpitch agrees to provide proof of insurance for any non-league tournaments that
it hosts such as any state or district fastpitch tournaments. The amounts of insurance that
are required are as follows:
INSURANCE TYPE
Any Auto
AMOUNT
$1,000,000.00 Combined Single
Limit (CSL) or Equivalent
Comprehensive General Liability
$1,000,000.00 CSL or equivalent
The certificate of insurance shall name the City as additional insured on the Any Auto and
Comprehensive General Liability policies described above, and shall provide the City with
Certificates oflnsurance for all policies required herein, which certificates shall provide
and require that notice shall be given to the City by the carrier or carrier's representatives
at least 30 days prior to any changes, cancellation, non-renewa~ or lapse of the policies
required herein.
Men's Fastpitch shall fully and completely defend, indemnify and hold harmless the City
and its employees, officials, officers, and agents from and against any claims for personal
injury, including death, and for destruction of damage to the Ballfield, which claims are
related to the City's property and the source of which occur while this Agreement is in
effect.
SECTION 6.
Termination by the City.
In the event that Men's Fastpitch fails to perform and carry out any of the terms or conditions
of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable
Page 3 of 4
22
to properly conduct its business, the City may terminate this Agreement by giving written
notice to Men's Fastpitch. On termination, all rights of Men's Fastpitch to occupy or use the
Ballfield shall end on the 10th day after delivery of such notice by which time Men's Fastpitch
and all of its officers, agents, and its players shall vacate the premises and surrender the same
to the City quietly and peacefully. The City's termination of this Agreement hereunder shall
not prevent or interfere with the recovery by the City of any damages caused by Men's
Fastpitch to the Ballfield.
SECTION 7.
Other Termination.
NOTWITHSTANDING any other provision, if any local law, rule, regulation, or order
prohibits the activities in this Agreement and prohibits the use of the Ballfield during the term
of this Agreement, then this Agreement shall be immediately terminated with both Parties
owing no further compensation to each other.
SECTION 8.
Entire Agreement.
This Agreement constitutes the entire understanding of the Parties and no terms may be altered
in any way except by the written consent of both Parties. This Agreement may not be assigned
or conveyed without each Party's written consent.
Farmington Men's Fastpitch Softball League
CITY OF FARMINGTON, a
Minnesota Municipal Corporation
By: Paul Harrington
Its: League Director
By: Todd Larson
Its: Mayor
By: Peter Herlofsky, Jr.
Its: City Administrator
Page 4 of4
23
7dl
City of Farmington
430 Third StreeT
l'armington, Minnesota
651.280.6800. Fax 651.280.6899
w\....w.ci .tannington.mn.LL'1
TO: Mayor, Councilmembers, City Administrator
FROM: Kevin Schorzman, City Engineer
SUBJECT: Authorize Advertisement for Position-Engineering Technician
DATE: April 4, 2011
INTRODUCTIONIDISCUSSION
As part of the 2011 budget discussions, it was decided that the day-to-day assistance which had
been provided by the City's engineering consultant would be eliminated, and that the consultant
position would be replaced by a full-time engineering technician employed by the City beginning
mid-year.
In order to facilitate the recruitment and hiring process, staff is requesting that Council authorize
the advertisement of the additional engineering technician position at this time.
BUDGET IMPACT
The cost of this position was included in the 2011 budget.
ACTION REOUESTED
Authorize staff to begin the process of hiring a full time engineering technician. The process
will include advertisement, recruitment, and interviewing. Upon completion of the process, the
Council will be asked to approve the appointment of the chosen candidate as a full-time
engineering technician within the City's Engineering Department.
Respectfully Submitted,
Kevin Schorzman
City Engineer
cc: file
24
j
/
~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651,280.6899
ww,\v.c:i.flltmington.mll.l1s
TO:
Mayor, Councilmembers, City Administrator
FROM:
Jennifer Dullum, Natural Resource Specialist
SUBJECT: Local Storm Water Model Update - Request for Funding
DATE:
April 4, 2011
INTRODUCTION
The Cities of Farmington and Lakeville have been approved to receive funding assistance (50% cost
share) in 2011 from the Vermillion River Watershed Joint Powers Organization (VRWJPO) to begin
development of a storm water management model consistent with the VR WJPO' s existing conditions
model. The Cities of Farmington and Lakeville, in a collaborative effort, have developed the enclosed
scope of work. The proposed scope of work will update the Cities existing surface water models. The
updated model will serve as a tool to verify that peak discharge and runoffvolume leaving the Cities
remains in conformance with the VR WJPO requirements. It is proposed that these revisions be
integrated with the existing VR WJPO XP-SWMM model for uniformity purposes.
DISCUSSION
It is proposed that this modeling effort be completed in four phases beginning with North Creek and
ending with a possible ftfth phase for either preparing a technical memorandum summarizing the
model revisions and results (Farmington) or updating the current WRMP (Lakeville). Separate cost
estimates have been developed for each phase of work (see table below). Both Cities have proposed to
complete Phase 1 in 2011 and Phases 2 through 5 in 2012 to better align with the City and VRWJPO
budget situations.
25
Proposed Project Phasing, Cost, and Schedule
Phase 1: Hydrologic model for the North Creek $55,500 $39,900 2011
drainage area
Phase 2: Hydrologic model for the South Creek $42,900 $18,900 2012
drainage area
Phase 3: Hydrologic model for the Middle Creek $21,600 $42,300 2012
drainage area
Phase 4: Hydrologic modeling of areas in $0 $38,400 2012
Farmington tributary to the Vermillion
River mainstem
Phase 5: Update the Stormwater System District $14,700 $10,300 2012
Analysis (Section 4) of the Lakeville's
WRMP, and preparing a technical
memorandum for the City of
Farmington
Total $134,700 $149,800
Farmington and Lakeville, by working together, can develop a single model accepted by both
communities and the VR WJPO to use for stormwater management. Certain modeling efficiencies will
be realized by partnering on this project, such as batch processing some model inputs (e.g., land use
data, watershed divides). Additional cost savings will be realized in the future by a reduction in
potential differences between two separate modeling efforts. By the proposed partnering, potential
conflicting results would be circumvented.
BUDGET IMPACT
The total estimated project cost for Phase 1 is $19,950. Funds are available in the Stormwater
Utility Fund.
ACTION REOUESTED
Approve the attached resolution to enter into a Joint Powers Agreement with the Vermillion River
Watershed and the City ofLakeville.
Respectfully Submitted,
Jennifer Dullum
Natural Resource Specialist
26
resourceful. naturally. BARR
engineering and environmental consultants
December 15, 2010
Mr. Keith Nelson
City Engineer
City of Lakeville
20195 Holyoke Ave
Lakeville, MN 55044
Mr. Kevin Schorzman
City Engineer
City of Farmington
430 Third Street
Farmington, MN 55024
Subject:
Revised Hydrologic Modeling for the Cities of Farmington and Lakevllle
Dear Mr. Nelson and Mr. Schorzman,
Enclosed is a scope of work for the Cities of Farmington and Lakeville to develop a hydrologic model
that can be integrated with the existing Vermillion River Watershed Joint Powers Organization
(VRWJPO) XP-SWMM model.
An updated hydrologic model would serve as a tool to verify that peak discharge and runoff volume
leaving the Cities remain in conformance with the VRWJPO requirements. The updated hydrologic model
for the Cities would be developed to the same level of detail that is reflected in each respective Water
Resources Management Plan (WRMP). Should the Cities decide that an increased level of detail is
required in the model so that additional storm sewer networks or storage areas may be evaluated, we can
provide an updated cost estimate following discussion with City staff.
Phased Approach
Based on recent discussions, we understand that the Cities would like to complete the modeling in four
phases beginning with North Creek:, and ending with a fifth phase for either updating the current WRMP
or preparing a technical memorandum summarizing the model revisions and results. Separate cost
estimates have been developed for each phase of work. Figure 1 shows what area each of the four
modeling phases will include.
. Phase 1: Revise the hydrologic model for the North Creek drainage area
. Phase 2: Revise the hydrologic model for the South Creek drainage area (South Creek:, Marion Lake,
and Farmington Outlet)
Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
27
December 15, 2010
Page 2
· Phase 3: Revise the hydrologic model for the Middle Creek drainage area
· Phase 4: Complete hydrologic modeling for the remaining drainage areas with the Cities. For
Lakeville this includes the Orchard Lake and Crystal Lake drainage areas in the northwest portion of
the City, and for Farmington this includes the Vermillion River mainstem and adjacent drainage areas
in the southeast portion of the City.
. Phase 5: Prepare a summary of the model updates completed. For the City of Lakeville this includes
updating the Stormwater System District Analysis (Section 4) of the City's WRMP with results from
the updated model analysis, and preparing a technical memorandum for the City of Farmington.
As discussed with the Cities, there are advantages to updating the hydrologic modeling soon after the
completion of the VRWJPO modeling. Barr staff members involved with the recently completed
Vermillion modeling are familiar with the City's drainage patterns as well as the recently adopted
VRWJPO peak discharge and runoff volume standards. This allows for a smooth transition into updating
the model to meet the needs of each City.
Efficiencies and Cost Savings
By working together, Lakeville and Farmington can develop a single model accepted by both
communities to use for stormwater management, and potentially receive funding from the VRWJPO.
Certain modeling efficiencies will be realized by partnering on this project, such as batch processing some
model inputs (e.g., land use data, watershed divides). Additional cost savings will be realized in the future
by a reduction in potential differences between two separate modeling efforts. These potential conflicting
results would be circumvented by the proposed partnering. Unfortunately it is difficult to quantify the cost
saving associated with these efficiencies.
Once completed the models will be available to make future changes to the Flood Insurance Studies for
Lakeville and Farmington, which may be required for new stream crossings, regional flood control
efforts, or regional water quality projects.
Thank you for this opportunity. Please contact me at 952-832-2781 or Scott Sobiech at 952-832-2755 if
you have questions.
Sincerely,
~~
~.
~~
Leonard J. Kremer, PE
Vice President
Scott Sobiech, PE, CFM
Proj ect Manager
Enclosures
28
Scope of Work: Updated Stormwater System Analysis for the
Cities of Farmington and lakeville
The Vermillion River Watershed Joint Powers Organization (VRWJPO) has completed a hydrologic model for
the Vermillion Watershed that defines the existing stormwater flows (using 2005 land use) at municipal
boundaries in the watershed. The municipalities and townships will be required to implement stormwater best
management practices so that these stormwater flows will not increase with future development.
The hydrologic model created for the VRWJPO is in the XP-SWMM format. It is recommended that updated
modeling for the Cities also use the XP-SWMM format for the following reasons:
. An XP-SWMM model will be compatible with the modeling done by the VRWJPO (Le., the existing
VRWJPO model can be used as a downstream boundary condition for many of the City's hydrologic
models).
. An XP-SWMM model will allow both Cities to combine their models to analyze how stormwater
management decisions affect the rest of the system in both communities.
. XP-SWMM is capable of modeling to much greater detail than the current Lakeville model which uses the
HEC format, or the Farmington model which uses the HydroCAD format.
. The XP-SWMM model is not as conservative as the HEC model in terms of runoff volumes and peak
discharges.
. It is much easier to use GIS to input data into the XP-SWMM format than it is to either the HEC or
HydroCAD formats.
. The XP-SWMM model provides both hydrologic and hydraulic information so including dynamically
accounting for backwater impacts, it will provide peak discharges, runoff volumes, flood levels for ponds
and storage areas, as well as flood profiles for stream channels.
. The XP-SWMM models will be able to be used for future revisions to the Lakeville and Farmington Flood
Insurance Studies that may be required for new stream crossings, the construction of regional flood control
efforts or regional water quality improvement projects. The XP-SWMM models developed for the
Vermillion River Watershed Management Organization are being reviewed by the Minnesota Interagency
Hydrology Review Committee and will be approved in the next several weeks.
Phased Approach
It is recommended that the XP-SWMM modeling be completed in four phases:
. Phase 1 includes the XP-SWMM modeling of North Creek (including the North Creek drainage district in
Lakeville and the Apple Valley drainage district in Farmington). Two recent storm events have caused
Cedar Avenue to overtop, and it is our understanding that the City of Lakeville has identified this area as a
priority for evaluating existing flood conditions. This phase also includes evaluating alternatives to reduce
the flood elevations at Cedar Avenue in Lakeville.
. Phase 2 includes the XP-SWMM modeling of the South Creek Watersheds (including the South Creek and
Marion Lake drainage areas in Lakeville and the Lakeville drainage district in Farmington).
Barr Engineering Company
Scope of Work, December 2010
Page 1
29
. Phase 3 includes XP-SWMM modeling of the Middle Creek Watersheds (including the Middle Creek
drainage district in Lakeville and Farmington drainage districts A I through A8).
. Phase 4 includes XP-SWMM modeling of the remaining watersheds within the Cities. This includes
Orchard Lake and Crystal Lake in Lakeville, and the Vermillion River, Prairie Waterway, Biscayne, and
South Branch drainage districts in Farmington.
. Finally, Phase 5 includes incorporating all of the revised model results into one fInal document. For the City
of Lakeville this includes updating the WRMP, and for Farmington this includes a technical memorandum
of the modeling revisions completed. If the City of Farmington would also like their current plan updated
we can provide a revised cost following discussions with City staff.
Methodology
An XP-SWMM model will be created for each subwatershed within the Cities representing existing (2005) land
use conditions and existing storm sewer systems. Prior to creating each XP-SWMM model, we would review
the current subwatershed divides in each ofthe Cities' respective WRMPs and make any necessary corrections.
The existing land use map that was developed for the VRWJPO model will be used for this project, and
information from the City's electronic storm sewer database will be used to supplement the stormwater
conveyance system currently modeled in the VRWJPO XP-SWMM model.
This data will be input into the models, and the models will be run for the I-year, 2-year, 10-year, 50-year, and
100-year, 4-day storm events to remain consistent with the storm events used to develop the VRWJPO
standards. This design event hyetograph was developed so that the peak of the storm occurs at the center with
decreasing intensities building out. By design, critical storm events with lesser duration are nested in the overall
4-day event distribution for similar drainage areas. That way only one design event is required to obtain critical
flows throughout the watershed (i.e., location of a subwatershed in the drainage network is irrelevant because
the critical duration storm event for each subwatershed is nested within the 4-day precipitation hyetograph).
This methodology is similar to the methodology used to develop the standard SCS Type II, 24-hour storm
hyetograph; therefore, the 4-day frequency based design storm developed for the VRWJPO modeling has a
similar peak intensity of the SCS Type II 24-hour design event and shorter duration frequency based storms. As
a result, the proposed model simulations will test all storm durations without having to simulate storms of
varying durations.
Model results at the municipal boundary will be compared with results from the VRWJPO XP-SWMM model to
verify that peak discharges and volumes meet current VRWJPO standards. Discrepancies between results from
the two models will be addressed or discussed with the City and the VRWJPO.
Proposed storm sewer alignments and planned regional basins from the Cities current WRMPs will be added to
the XP-SWMM model to develop a future conditions model. The Cities future conditions (2030) land use from
the Cities 2008 Comp Plan will be reviewed and adjusted if necessary to create classifIcations that are similar to
those used in the VRWJPO XP-SWMM model. Peak discharge and total runoff volume at the municipal
boundary will be reviewed to verify that model results comply with current VRWJPO standards. Future storm
sewer and regional basins will be resized if needed to ensure they meet VRWJPO standards. If additional basins
are required to meet VRWJPO standards, proposed locations of additional basins will be discussed with the City
and will be sized to meet VR WJPO standards.
Barr Engineering Company
Scope of Work, December 2010
Page 2
30
After the modeling has been completed, the model description and results will be provided to each City. Model
results for the City ofLakeville will be integrated into the City's WRMP. In the current WRMP, the 1995 model
information is contained in Section 4: Stormwater System District Analysis. This section will be replaced with
updated text including a district-by-district model description, results, and recommendations. A discussion of
how the City's modeling is integrated with modeling completed by the VRWJPO and all data tables and figures
that changed as a result of the modeling efforts will be included as part of this revision.
If new issues or implementation tasks are identified as part of the modeling effort we will discuss updating
Section 6: Assessment of Issues and Opportunities, and Section 7: Implementation Plan with the city at that
time. It is assumed that all updates will be deemed as minor plan revisions that only require VRWJPO staff
review and the updates will not require approval from the watershed boards, the Metropolitan Council, the
Lakeville City Council, or other jurisdictions. A draft will be submitted for Lakeville staff review and comment
before it is finalized.
Similarly model methodology, results, and background information will be provided to the City of Farmington
in a technical memo format. Should the City of Farmington decide to update their WRMP following completion
of the modeling effort a cost estimate can be provided.
Phase 1 : Modeling of the North Creek Subwatersheds
Two recent storm events have caused Cedar Avenue to overtop, and we understand that the City of Lakeville
has identified North Creek as a priority area to evaluate the existing flood conditions. The estimated cost for
Phase 1 assumes that the City will authorize the proposed model revisions, and work will be completed in early
2011.
Our work scope for Phase 1 includes the following tasks:
Task 1 - Project Management
(Lakevllle $2,200; Farmington $2,200)
This task includes regular email and other correspondence with the Cities during the Phase 1 work. Additionally,
two meetings will be held with the Cities during this phase of work: one project kick-off meeting and a second
to present initial model results.
Task 2 - Review Subwatershed Divides and Develop Hydrologic Model Parameters
(Lakevllle $6,200; Farmington $5,900)
Barr will review the current subwatershed divides for the North Creek Watershed and update the divides as
necessary to reflect changes in existing drainage patterns. This task does not include subdividing existing
subwatersheds in the Cities WRMP to add additional detail to the XP-SWMM model, except as needed to more
accurately evaluate the drainage characteristics and remedial measures upstream of Cedar Avenue in Lakeville.
Hydrologic model parameters will be calculated for all subwatersheds following the same methodology used to
develop the Vermillion River XP-SWMM model.
In locations where subwatershed divides stop at the municipal boundary, the subwatersheds from the VRWJPO
model will be used to account for drainage area that flows into each City. These drainage areas outside the
Barr Engineering Company
Scope of Work, December 2010
Page 3
31
municipal boundary will not be subdivided as part of the model update and will be modeled with the same level
of detail as the existing VRWJPO XP-SWMM model.
Task 3 - Develop Hydraulic Model Inputs
(Lakevllle $8,000; Farmington $6,000)
We will create a water resources inventory, including wetlands, low areas, ditches, storm sewers, culverts, and
other drainage features. This inventory will be completed using data provided by the Cities or relevant
information used in the development of the VRWJPO XP-SWMM model. As part of our base map preparation,
Barr will review the Cities' electronic storm sewer database to organize information for input into the XP-
SWMM model and identify records that ate missing the data. The City naming convention used in the database
provided to Barr will be used to develop the XP-SWMM model. This map will be used to identify locations
where additional storm sewer information is needed (i.e., missing from the database). As-built plans of crossings
will be collected and reviewed; cross section data will be reviewed and compared to data in the VRWJPO
model; and where available high water marks and rainfall data will be reviewed. The model will be adjusted to
mimic observed field conditions as appropriate using available data. It is assumed that the Cities will be able to
provide the storm sewer data as plan sheets (in electronic format or as hard copies), or will conduct field surveys
to collect or verify information if necessary.
Task 4 - Develop Existing Conditions XP-SWMM Model
(Lakevllle $17,100; Farmington $12,800)
Upon receipt of the necessary storm sewer data from the Cities, Barr will create the hydrologic and hydraulic
model of the North Creek watershed using the XP-SWMM software. The model will incorporate existing (2005)
land use, storm sewer, channel cross sections, and detention storage data To determine the cause of recent
flooding along North Creek the XP-SWMM model will include subdividing watersheds where necessary, adding
additional culvert or storm sewer information where necessary, or adding additional cross sections along North
Creek. The XP-SWMM model is intended to be a tool for the Cities to identify locations where BMPs are
needed to meet VRWJPO standards, and can be used by the Cities to verify that future BMPs are sized
appropriately to meet City and VRWJPO rate and volume standards. The model will be run using the I-year,
2-year, IO-year, 50-year, and IOO-year 4-day rainfall events that were used to defme peak discharges and runoff
volumes for the VRWJPO.
At the municipal boundary, the updated model will be tied to the existing VRWJPO XP-SWMM model to
account for downstream tailwater conditions.
Additional hypothetical design storm events (i.e., SCS 24-hour, lO-day Snowmelt Event, etc.) can be simulated
using the XP-SWMM model at the Cities request, and will be completed on time and expense in addition to the
cost estimate provided for Phase 1. The critical elevations for the lO-day and 30-day snow melt events included
in the existing WRMP do not need to be recalculated unless the tributary drainage area has changed.
Barr Engineering Company
Scope of Work, December 2010
Page 4
32
Task 5 - Develop Future Conditions XP-SWMM Model
(Lakevllle $8,200; Farmington $7,200)
Following completion of the existing conditions Barr will revise the XP-SWMM model to reflect future
conditions. Hydrologic model parameters will be revised to reflect changes in land use. Regional stormwater
ponds and planned storm sewer modifications described in the current WRMP will be incorporated into the
future conditions model. For this analysis stormwater ponds that are required for smaller developments will not
be added to the model at this time. The Cities should update the model with these at the time of development as
they could potentially have an impact on the size of required regional basins.
Model results will be compared to VRWJPO standards at the municipal boundary to verify peak discharge and
total runoff volume standards are met. If necessary planned regional basins will be resized
or added to comply with current VRWJPO standards. The model will be run using the I-year, 2-year, lO-year,
50-year, and 100-year 4-day rainfall events that were used to define peak discharges and runoff volumes for the
VRWJPO.
At the municipal boundary, the updated model will be tied to the existing VRWJPO XP-SWMM model to
account for downstream tailwater conditions. The existing VRWJPO XP-SWMM model will be used for
downstream boundary conditions because it is assumed that current VRWJPO standards will keep future peak
discharges and runoff volumes comparable to current conditions.
Additional hypothetical design storm events (Le., SCS 24-hour, lO-day Snowmelt Event, etc.) can be simulated
using the XP-SWMM model at the Cities request, and will be completed on a time and expense basis in addition
to the cost estimate provided for Phase 1.
Task 6 - Summary of Methodology and Results
(Lakevllle $6,200; Farmington $5,800)
The modeling methodology will be summarized for each city. The North Creek subwatershed results, figures,
and tables will be compiled as part ofthis task:, and they will be formatted to be placed directly into the Cities
WRMP. An electronic (PDF) draft of this document, the figures, and the tables will be provided to the Cities for
review and comment. Edits to this draft will be incorporated into the fmal Section 4 or technical memorandum,
completed as part of Phase V.
Task 7 - Evaluate Scenarios for the Current North Creek XP-SWMM Model
(Lakevllle $7,600)
Two recent storms have caused Cedar A venue to overtop, although the 1995 City of Lakeville hydrologic model
and the VRWPO model show that Cedar Avenue should not be flooded during the IOO-year storm event. The
discrepancy between the "real world" flood levels and the modeled flood levels can be a result of various
causes: issues with the modeling of the bridge, the channel, or the tributary watersheds, the simplified nature of
previous models, or the storms that caused the overtopping of Cedar Avenue were more intense than the
hypothetical event.
A hypothetical storm will be run through the more detailed model to determine if it can still be concluded that
the bridge will not overtop. If the model shows the bridge still does not overtop, it will be necessary to discuss
what level of protection the City would like to provide at Cedar Avenue. If the model shows the bridge does
Barr Engineering Company
Scope of Work, December 2010
Page 5
33
overtop, different alternatives will be evaluated in order to reduce the flood level to the 100-year flood elevation.
Three scenarios will be evaluated: constructing additional storage along North Creek, providing additional
discharge capacity at Flagstaff and Cedar Avenues, and a combination of the storage and increased capacity.
The results of the three scenarios will be reviewed and tabulated, and presented to the city in a brief technical
memorandum.
Phase 1 Cost Estimate:
City of Lakeville: $55,500
City of Farmington: $39,900
Phases 2 through 4: Modeling of Remaining Subwatersheds
Phases 2 through 4 will involve similar scopes of work to those described in Phase 1, Tasks 1 through 6 for the
South Creek subwatershed (phase 2), Middle Creek subwatershed (phase 3), and the remaining portions in each
City (phase 4). However, Phases 2-4 will not involve the increased level of detail proposed in Phase 1 to
evaluate recent flooding along North Creek. Rather than reiterate the task descriptions in Phase 1, Table 1
provides a simplified task description and proposed task costs associated with Phases 2-4.
Table 1. Phases 2 and 3 Proposed Tasks and Estimated Costs
Phase 4 Phase 2 Phase 3 Phase 4
1 Project Management $2.900 $1.400 $2.100 $700 $1.800 $2.100
2 Review Subwatershed $4.400 $2.600 $5.300 $2.600 $3.700 $5.300
Divides & Develop
Hydrologic Model
Parameters
3 Develop Hydraulic $9.100 $2.800 $8.900 $2.500 $8.200 $8.100
Model Inputs
4 Develop Existing $14.400 $7.000 $12.900 $5.200 $15.800 $11.300
Conditions XP-SWMM
Model
5 Develop Future $7.100 $5.400 $7.500 $3.900 $7.300 $6.800
Conditions XP-SWMM
Model
6 Summary of $5.000 $2.400 $5.800 $4.000 $5.500 $4.800
Methodology and
Results
Total $42.900 $21.600 $42.500 $18.900 $42,300 $38.400
Barr Engineering Company
Scope of Work, December 2010
Page 6
34
Phase 5: Updating the City WRMP
The work scope for Phase 5 includes the following steps:
Task 1 - Project Management
(Lakevllle $2,400; Farmington $2,400)
This task includes regular email and other correspondence with the Cities during the Phase 5 work, as well as
one meeting to discuss comments on the revised Section 4 and final technical memorandum.
Task 2 - Revise Text and Figures
(Lakevllle $6,900; Farmington $5,300)
The watershed and results summaries completed in Phases 1-4 will be compiled as part of this task, and the
comments received in the previous phases will be incorporated. We will submit a draft Section 4 to the City of
Lakeville and VRWJPO staff for review and comment, as well as a draft technical memorandum to the City of
Farmington.
As part of this task we will review the entire plan and provide a recommendation to the City on other parts of the
plan that should be revised to reflect the updated model results.
Task 3 - Incorporate Comments and Prepare Final Revised Section 4
(Lakevllle $5,400; Farmington $2,600)
The City ofLakeville and VRWJPO staff comments will be incorporated into the fmal revised Section 4, and
City of Farmington comments will be incorporated into the final technical memorandum. We will provide the
Cities with five hard copies, and one electronic copy. In addition we will provide Lakeville with one electronic
copy of the entire plan with the revised Section 4 incorporated.
Task 4 (Optional) - Revise Additional WRMP Sections
It is possible that the model results and revisions to Section 4 may affect other sections of the City's WRMP.
For example the updated modeling may show additional areas of flooding that should be discussed in another
section. A detailed scope of work and cost estimate for this task will be provided upon completion of Phase 4,
Task 2, when we are able to determine if, and to what extent, the updated modeling affects other sections in the
current City WRMP.
Phase 4 Cost Estimate, excluding optional task:
Lakeville $14,700
Farmington $10,300
Barr Engineering Company
Scope of Work, December 2010
Page 7
35
Optional Phase 6- Estimate Current Treatment Efficiency of City
Stormwater Ponds (Lakevllle $22,400)
It is our understanding that City of Lakeville staff would also like an estimate of the treatment efficiencies for
each of the approximately 400 stormwater ponds located within the City of Lakeville. Treatment efficiencies for
total phosphorus (TP) and total suspended solids (TSS) will be calculated for each pond as part of this optional
phase. If the City elects to proceed with this option, it is assumed that the City ofLakeville will provide a GIS
coverage of the 400 stormwater ponds to be evaluated.
P8 watersheds pollutant loading models have been developed for several of the watersheds within the City of
Lakeville that can provide estimates of the TP and TSS removal efficiencies of the modeled ponds within the
watersheds. Watersheds modeled in P8 include the Lee Lake, Crystal Lake, Orchard Lake, and Lake Marion
watersheds. The models for Lee and Crystal Lakes were developed as part of the Crystal, Keller, Lee, and
Earley Lakes Nutrient Impairment Total Maximum Daily Load (TMDL) Study (Barr, 2010, draft) for the Black
Dog Watershed Management Organization (BDWMO) & Minnesota Pollution Control Agency (MPCA). The
Orchard Lake and Lake Marion P8 models were developed as part of the Orchard Lake Diagnostic-Feasibility
Study (Barr, 1998) and the Lake Marion District Diagnostic-Feasibility Study (Barr, 1997), respectively, for the
City ofLakeville. The TP and TSS removal efficiencies for ponds located in within these watersheds will be
extracted from P8 water quality modeling for average annual climatic conditions. It was assumed that
approximately 100 of the 400 stormwater ponds to be evaluated would be included within the existing P8
models.
For the remaining ponds (approximately 300), a more simplistic method will be used to estimate the TP and TSS
removal efficiencies using long term removal efficiency curves. Field inspection will be conducted to estimate
the average depth of the pond. This cost estimate assumes that City of Lakeville staff will be available to
complete field inspections for each pond. If City staff are unable to assist with data collection an alternate cost
estimate is provided below. Additionally, watershed characteristics, including the drainage area and the amount
of impervious area, will be developed to apply the removal efficiency curves. For some ponds, the City's
existing subwatershed GIS coverage may be sufficient. However, for other ponds, subwatershed delineation may
be necessary. The surface area of the ponds will be based on the GIS coverage provided by the City.
The summary of the P8 modeling as well as the estimates based on the long term removal efficiency curves will
provide the City with information regarding the generalized removal efficiencies of the existing stormwater
ponds. The total estimated cost for this Optional Phase 6 is $22,400 assuming City staff is available to assist
with pond inspections and estimating average depth. If City staff is unable to assist with field inspections then
the estimated cost for this phase is $61,900. Should the City determine it is necessary to include more than 400
ponds in this investigation additional ponds can be added to the analysis at $155 per stormwater pond.
If the City would like a more detailed estimate for select ponds following this initial effort, a separate cost
estimate can be provide following discussions with City staff.
Barr Engineering Company
Scope of Work, December 2010
Page 8
36
Proposed Schedule
Phase 1 $55,500 $39,900 May, 2011
Phase 2 (Tasks 1-5) $42,900 $18,900 July, 2011
Phase 3 (Tasks 1-5) $21,600 $42,300 September, 2011
Phase 4 $42,500 $38,400 December, 2011
Phase 5 $14,700 $10,300 December, 2011
Total $177,200 $149,800
1 As future work phases are authorized the project schedule will be adjusted.
Barr Engineering Company
Scope of Work, December 2010
Page 9
37
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Dakota County Contract #13528
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITIES OF FARMINGTON AND LAKEVILLE
FOR COST SHARE RELATED TO UPDATE OF LOCAL STORM WATER MODELS
WHEREAS, Minn. Stat. 9471.59 authorizes local governmental units to jointly or cooperatively exercise any power
common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body
consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board
(VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. SS 1 03B.211 to 103B.255 and as otherwise
provided by law; and
WHEREAS, the Cities of Farmington and Lakeville (collectively referred to as "the Cities") are governmental units
and political subdivisions of the State of Minnesota; and
WHEREAS, the Cities desire to update their respective storm water models to comply with the VRWJPO Watershed
Plan inter-community flow standards; and
WHEREAS, the Cities, in a collaborative effort, developed a scope of work for updating their respective surface
water models (Project); and
WHEREAS, the Project consists of five phases and the Cities are seeking cost share funding from the VRWJPO for
Phase 1 of the Project; and
WHEREAS, the estimated cost of Phase 1 of the Project is $95,400.00; and
WHEREAS, the VRWJPO adopted its Watershed Plan on November 3, 2005, and said Watershed PJancontains a
Cost Sharing Policy that provides guidance to the VRWJPB regarding the cost sharing between the VRWJPO and
potential partners for various watershed management efforts affecting the Vermillion River Watershed; and
WHEREAS, the Cost Sharing Policy sets forth priorities for improvements affecting the Vermillion River Watershed
and Phase 1 of the Project qualifies for up to a 50% cost share; and
NOW, THEREFORE, in consideration of the mutual promises and benefits that the VRWJPO and the Cities shall
derive from this Agreement, the VRWJPO, through the VRWJPB, and the Cities hereby enter into this Agreement for the
purposes stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the VRWJPO and the Cities
for Phase 1 of the Project as more fully described in Exhibit 1, attached hereto and incorporated herein by this reference.
ARTICLE 2
PARTIES
The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization (VRWJPO) acting through its
Joint Powers Board (VRWJPB) and the City of Farmington, Minnesota, and the City of Lakeville, Minnesota (collectively
"the Cities").
39
ARTICLE 3
TERM
This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect
until December 31, 2011, or until completion by the parties of their respective obligations under this Agreement, whichever
occurs first, unless earlier terminated by law or according to the provisions of this Agreement.
ARTICLE 4
COOPERATION
The VRWJPO and the Cities agree to cooperate and use their reasonable efforts to ensure prompt implementation of the
various provisions of this Agreement and to. in good faith, undertake resolution of any dispute in an equitable and timely
manner.
ARTICLE 5
PAYMENT
5.1 The VRWJPO shall cost share with the Cities in an amount equal to 50% of the total cost incurred by the Cities for
Phase 1 of the Project, but not to exceed the amount of Forty-Seven Thousand Seven Hundred and No/100
Dollars ($47,700.00) (Agreement Maximum). Of the Agreement Maximum, $27,750.00 is allotted to the City of
Lakeville for its costs incurred for Phase 1 of the Project; and $19,950.00 is allotted to the City of Farmington for
its costs incurred for Phase 1 of the Project.
5.2 The VRWJPO shall make payment to the Cities after Phase 1 of the Project has been completed and the
VRWJPO has been provided with a final report as required by Section 6.2 below. The VRWJPO shall make
payment to the Cities within 45 days following receipt of the final report and receipt of an invoice detailing the
costs incurred by the Cities in conducting Phase 1 of the Project.
5.3 The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a
claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the
right to offset any overpayment or disallowance of claim by reducing future payments.
ARTICLE 6
CITY'S OBLIGATIONS
6.1 AUTHORIZED PURPOSE. The cost share funds provided under this Agreement may only be used by the Cities
for the payment of costs associated in conducting Phase 1 of the Project as described in Exhibit 1.
6.2 FINAL REPORT. Following completion of Phase 1 of the Project, the Cities shall provide to the VRWJPO a final
technical memorandum that outlines the completion of modeling elements as well as the findings, conclusions
and recommendations of Phase 1 of the Project.
6.3 ACKNOWLEDGMENT. The Cities shall appropriately acknowledge the funding assistance provided by the
VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations relating to the
Project This section shall survive the expiration or termination of this Agreement.
6.4 COMPLIANCE WITH LAWS/STANDARDS. The Cities shall abide by all federal, state, or local Jaws, statutes,
ordinances, rules and regulations in conducting the Project.
ARTICLE 7
TERMINATION
7.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days' written notice or
without cause by giving 30 days' written notice, of its intent to terminate, to the other parties. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean
a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of
Termination shall be made by certified mail or personal delivery to the authorized representative of the other
parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which
2
40
arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective
date of termination.
7.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this
Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding
from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if it's funding cannot be
continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of
termination sent by the VRWJPO to the Cities by facsimile is sufficient notice under this section. The VRWJPO is
not obligated to pay for any services that are provided after written notice of termination for lack of funding. The
VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding.
ARTICLE 8
GENERAL PROVISIONS
8.1 LIABILITY. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the
results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its
officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other
applicable laws govern liability of the VRWJPO and the Cities. This section shall survive the expiration or
termination of this Agreement.
8.2 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party
they represent and to consent to modifications, except that the authorized representatives shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be provided
pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement:
TO THE VRWJPB:
TO FARMINGTON:
TO LAKEVILLE:
Joseph A. Harris or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7030
Todd Larson or successor, Mayor
City of Farmington
430 Third S1.
Farmington, MN 55024
Telephone: (651) 280-6800
Mark Bellows or successor, Mayor
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Telephone: (952) 985-4420
In addition, notification to the VRWJPO regarding termination of this Agreement shall be provided to the Office of
the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033.
8.3 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and
provide ongoing consultation, a liaison shall be designated by the VRWJPO and the Cities. The VRWJPO and
the Cities shall keep each other continually informed, in writing, of any change in the designated liaison. At the
time of execution of this Agreement, the following persons are the designated liaisons:
VRWJPO Liaison:
Mark Zabel
Telephone: (952) 891-7546
3
41
Farmington Liaison:
Kevin Schorzman
Telephone: (651) 280-6800
Lakeville Liaison:
Keith Nelson
Telephone: (952) 985-4500
8.4 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by
the Authorized Representatives of the VRWJPO and the Cities.
8.5 RECORDS RETETION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures
and practices, and other records relevant to this Agreement are subject to the examination, duplication,
transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. ~ 16C.05,
subd. 5. If the cost share funds provided under this Agreement use federal funds these records are also subject
to review by the Comptroller General of the United States and his or her approved representative. Following
termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-
progress needs a longer retention time.
8.6 DEFAULT: FORCE MAJEURE. No party shall be liable to any other party for any loss or damage resulting
from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable
control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may
include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
8.7 ASSIGNMENT. No party may assign any of its rights under this Agreement without the prior written consent
of the other parties. Said consent may be subject to conditions.
8.8 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. ch. 13.
8.9 GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall be governed by and construed in
accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the
principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota,
State of Minnesota. This section shall survive the expiration or termination of this Agreement.
8.10 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements.
8.11 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
4
42
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF FARMINGTON
By
Todd Larson, Mayor
Date of Signature:
By
, City Clerk
Date of Signature:
CITY OF LAKEVILLE
By
Mark Bellows, Mayor
Date of Signature:
By
, City Clerk
Date of Signature:
VERMILLION RIVER WATERSHED
JOINT POWERS BOARD
APPROVED AS TO FORM:
By
Joseph A. Harris, Chair
Date of Signature:
5
43
EXHIBIT
11.
City of Farmington
430 Third Street
Fannington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
January 24,2011
Mr. Mark Zabel
Dakota County Water Resources Department
Western Service Center, 3rd Floor
14955 Gala.xie Avenue
Apple Valley, MN 55124
Subject: Request for Funding Assistance to Update Local Storm Water Models to Conform
with VRWJPO Flow Standards
Dear Mr. Zabel,
The City of Farmington is writing to request funding assistance (50% cost share) from the Vermillion River
Watershed Joint Powers Organization (VRWJPO) to develop a storm water management model consistent with
the VRWJPO's existing conditions model. The Cities of Farmington and Lakeville, in a collaborative effOlt,
have developed the enclosed scope of work. Th~ proposed scope of work will update the Cities existing surface
water models. The updated model will serve as a tool to verify that peale discharge and runoff volume leaving
the Cities remains in confOlmance with the VRWJPO requirements. It is proposed that these revisions be
integrated with the existing VRWJPO XP-SWMM model for uniformity purposes.
Phased Approach
The Cities are proposing that this modeling effort be completed in four phases beginning with North Creek and
ending with a possible fifth phase for either preparing a technical memorandum summarizing the model
revisions and results (Farmington) or updating the current WRMP (Lakeville). Farmington and Lakeville
understand that, like the Cities, the VRWJPO has limited funding set aside in its 2011 budget. Therefore,
separate cost estimates have been developed for each phase of work (see table below). In addition, the Cities
propose to complete Phase 1 in 2011 and Phases 2 through 5 in 2012 to better align with the City and VRWJPO
budget situations.
44
Proposed Project Phasing, Cost, and Schedule
Phase 1: Hydrologic model for the North Creek
dralna e area
Phase 2: Hydrologic model for the South Creek
draina e area
Phase 3: Hydrologic model for the Middle Creek
draina e area
Phase 4: Hydrologic modeling of areas in Farmington
tributa to the Vermillion River mainstem
Phase 5: Update the Stormwater System District
Analysis (Section 4) of the Lakeville's
WRMP, and preparing a technical
memorandum for the Clt of Farmin ton
Total
$55,500
$39,900
2011
$42,900
$18,900
2012
$21,600
$42,300
2012
$0
$38,400
2012
$14,700
$10,300
2012
$134,700
$149,800
Efficiencies and Cost Savings
Fannington and Lakeville, by working together, can develop a single model accepted by both communities and
the VRWJPO to use for stonnwater management. Certain modeling efficiencies will be realized by partnering
on this project, such as batch processing some model inputs (e.g., land use data, watershed divides). Additional
cost savings wiII be realized in the future by a reduction in potential differences between two separate modeling
efforts. By the proposed partnering, potential conflicting results would be circumvented. UnfOltunately it is
difficult to quantify the cost saving associated with these efficiencies.
The City ofFannington is asking that the Board consider this request for a 50% cost share to help fund this
effort at their next available regular meeting. Please contact me at 651-280-6841 if you have questions.
Sincerely,
Y-J?,V";r11.-' ~~i\l\J.. ~. [; . / "SD
Kevin Schorzman, P.E.
Farmington City Engineer
Enclosure
45
January 20, 2011
RECEIVED
JAN 262011
DAKOTA COUNTY
PHYSICAl DEVELOPMENT
Mr. Mark Zabel
Dakota County Water Resources Department
Western Service Center, 3rd Floor
14955 Galaxie Avenue
Apple Valley, MN 55124
Subject: Request for Funding Assistance to Update Local Storm Water Models to Conform
with VRWJPO Flow Standards
Dear Mr. Zabel,
The purpose of this lef;ter is to request funding assistance (50% cost share) from the VRWJPO for the City of
Lakeville to develop storm water management models consistent with the VRWJPO's existing conditions
model. In a collaborative effort the Cities ofLakeville and Farmington have developed the enclosed scope of
work to update their existing surface water models to serve as a tool to verify that peak discharge and runoff
volume leaving the Cities remain in conformance with the VRWJPO requirements. It is proposed that these
updates be integrated with the existing Vermillion River Watershed Joint Powers Organization (VRWJPO) XP-
SWMM model for uniformity puq>oses.
Phased Approach
We are proposing that this modeling effort be completed in four phases beginning with North Creek, and ending
with a possible ftfth phase for either updating the current WRMP or preparing a technical memorandum
summarizing the model revisions and results. We understand that, like the Cities, the VRWJPO has limited
funding set aside in its 2011 budget. Therefore, separate cost estimates have been developed for each phase of
work (see table below). In addition, we propose to complete Phase 1 in 2011 and Phases 2 through 5 in 2012 to
better align with the City and VRWJPO budget situations.
Proposed Project Phasing, Cost, and Schedule
Phase 1: Hydrologic model for the North Creek $55,500 $39,900 2011
draina e area
Phase 2: Hydrologic model for the South Creek $42,900 $18,900 2012
draina e area
Phase 3: Hydrologic model for the Middle Creek $21,600 $42.300 2012
draina e area
Phase 4: HydrologIc modeling of areas in Farmington $0 $38,400 2012
trlbuta to the Vermillion River mainstem
Phase 5: Update the Storm water System District $14,700 $10,300 2012
Analysis (Section 4) of the LakeviJIe's
WRMP, and preparing a technical
memorandum for the CI of Farmin ton
Total $134,700 $149,800
City of Lakeville .. 20195 Holyoke Ave. .. Lakeville, MN 55044
952-985-4400.. fax 952-985-4499.. www.lakevillenm.gov
.. Southern gateway to the Twin Cities ..
46
Efficiencies and Cost Savings
By working together, Lakeville and Farmington can develop a single model accepted by both communities and
the VRWJPO to use for stormwater management. Certain modeling efficiencies will be realized by partnering
on this project, such as batch processing some model inputs (e.g., land use data, watershed divides). Additional
cost savings will be realized in the future by a reduction in potential differences between two separate modeling
efforts. These potential conflicting results would be circumvented by the proposed partnering. Unfortunately it is
difficult to quantifY the cost saving associated with these efficiencies.
The City of LakevilIe is ask that the Board consider this request for a 50% cost share to help fund this effort at
their nex.t available regular meeting. Please contact me at 952-985-4501 if you have questions.
Sincerely,
K:~;it>I1/~
Keith Nelsen .. '-' - ~..
Lakeville City Engineer
Enclosures
47
?-{
City of Farmington
430 Third Street
l'armington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.t.imningtlm.mn.LL.I
TO: Mayor, Councilmembers, City Administrator
FROM: Jennifer Dullum, Natural Resource Specialist
SUBJECT: 2011 Mowing Contract
DATE: April 4, 2011
INTRODUCTIONI DISCUSSION
Bids were opened for the 2011 Mowing Contract on March 25,2011. This contract for mowing
is for properties that, after being notified of violation of the City's weed ordinance, property
owners have not complied with the requirements in the City's ordinance. Four bids were
received as shown on the bid summary below. The bids were normalized based on the number
oflots in 2010 (58 developed and 43 vacant). Developed lots are properties with existing homes
and vacant lots are those in newer developments that have yet to be built on.
TOTAL
Developed w/2010 Vacant w/2010 (wi 2010
Contactor Lots lot amt. Lots lot amt. amt.)
Nowack's Lawn & Snow
Service $42.85 $2,485.30 $37.49 $1,612.07 $4,097.37
Elhers Services & Plowing $60.00 $3,480.00 $60.00 $2,580.00 $6,060.00
Summit Custom Landscape,
Inc. $65.00 $3,770.00 $65.00 $2,795.00 $6,565.00
Hedlund Irrigation &
Landscaping,
Inc. $59.00 $3,422.00 $84.50 $3,633.50 $7,055.50
It is recommended that the project be awarded to Nowack's Lawn & Snow Service $42.85 per lot
for developed lots and $37.49 per lot for vacant lots.
BUDGET IMPACT
The low bidder on the project was Nowack's Lawn & Snow Service with a bid of $42.85 per lot
for developed lots and $37.49 per lot for vacant lots. Charges are passed on to the property
owners.
60
ACTION REOUESTED
Approve the attached contract accepting the bid of Nowack's Lawn & Snow Service and award
the project.
Respectfully Submitted,
Jennifer Dullum
Natural Resource Specialist
61
MOWING CONTRACT
AGREEMENT dated this _ day of , 2011, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation ("City") and Nowack's Lawn & Snow
Service, a Minnesota corporation ("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN, THE
PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Scone of Work.
A. The City hereby engages Contractor to provide mowing services in accordance
with the Request for Proposals and as specified herein (in the event of a conflict, this contract
shall control). Contractor shall mow only those areas identified by the City.
B. Contractor will provide mowing services on those areas identified by the City
within 48 hours of notification from the City.
C. The City's Inspector shall verify that the work is completed to the satisfaction of
the City. Contractor's failure to mow to the City's satisfaction and in a timely manner shall be
cause for termination of this Agreement by the City without notice.
Section 2. Notification.
A. Lists of addresses or areas within the City that require mowing will be called,
faxed or emailed (which ever the Contractor prefers) by the City to the Contractor. If there are
no areas that require mowing, no list will be sent to the Contractor. If the 48 hour mowing day
encompasses severe weather, as determined by the City, or site conditions prohibit equipment
functionality, the City shall designate an alternate day for performance of Contractor's services.
Section 3. Eauinment.
A. Contractor shall perform the work required under this Agreement using mowing
equipment appropriate to the situation encountered which could include vacant properties on a
development-wide scale or a single foreclosed residential property.
Section 4. Contract Term.
A. Contractor shall commence services April 5, 2011 through October 31, 2011 (7
months). This Agreement may be terminated earlier by either party without cause upon thirty
(30) days' notice to the other party, except as otherwise provided in this Agreement.
Section 5. Payment.
A. The City shall pay Contractor a unit price per lot as follows:
$42.85/10t (developed lots)
$37.49/10t (vacant lots)
B. The unit price per lot includes only time spent actually operating equipment and
does not include downtime. The unit prices per lot shall cover all of the City's costs associated
62
with the mowing. Contractor shall be responsible for all costs it incurs in the transportation.
C. Application for payment shall be made monthly. Contractor may invoice multiple
properties mowed in the City on separate lines on the same invoice. Upon approval of the
invoice by the City, the City will remit the approved invoice amount directly to Contractor.
Section 6. Documentation.
A. Contractor shall be responsible for keeping and maintaining the following records
per property and noted on each invoice submitted to the City.
1) The property address that was mowed.
2) The date and time mowing was performed.
3) For each property mowed, a time-stamped before and after photo must be
submitted with the invoice to receive payment.
4) When submitting invoices to the City, "Weed Notice" must be written on
the invoice.
Section 7. Lowest ProDosal Determination.
A. Proposals will be normalized based on 58 developed lots and 43 vacant lots
(actual 2010 numbers) to determine the lowest "seasonal" submittal.
Section 8. Emel1!en~ Resllonse. During the contract term it may be necessary to have
contract work done on an emergency basis. Upon the City's request for additional work,
Contractor shall respond to the City's request upon 24 hours verbal or written notice. If the
City's Engineer or designee determines it necessary, the City may hire another entity other than
Contractor for completion ofthe requested work.
Section 9. Indeoendent Contractor. The City hereby retains Contractor as an
independent contractor upon the terms and conditions set forth in this Agreement. Contractor is
not an employee of the City and is free to contract with other entities as provided herein.
Contractor shall be responsible for selecting the means and methods of performing the work.
Contractor shall furnish any and all supplies, equipment and incidentals necessary for
Contractor's performance under this Agreement. The City and Contractor agree that Contractor
shall not at any time or in any manner represent that Contractor or any of Contractor's agents or
employees are in any manner agents or employees of the City. Contractor shall be exclusively
responsible under this Agreement for Contractor's own FICA payments, worker's compensation
payments, unemployment compensation payments, withholding amounts, and/or self-
employment taxes if any such payments, amounts, or taxes are required to be paid by law or
regulation.
Section 10. Extra Service. No claim will be honored for compensation for extra
services or work beyond the scope ofthis Agreement without the written approval of the City.
Section 11. Insurance. Contractor shall furnish the City certificates of insurance from
insurers duly licensed with the State of Minnesota covering public liability insurance, including
general liability, automobile liability and bodily injury liability in an amount of at least
$1,000,000 for injury or death of anyone person in anyone occurrence; and bodily injury
liability in an amount of at least $2,000,000 for injuries or death arising out of anyone
occurrence. Property damage liability shall be furnished in the amount of at least $500,000.
2
63
Contractor shall comply with all applicable insurance requirements of the Worker's
Compensation Act. Contractor shall provide proof of worker's compensation coverage. The
City shall be named an additional insured on the general liability policy.
Section 12. Unsafe Conditions Renortine:. Contractor shall promptly inform the City
by telephone and in writing of any unsafe conditions on City streets or property discovered
during the course of Contractor's duties, whether or not Contractor is able to remedy the unsafe
condition.
Section 13. Indemnification. Contractor shall indemnify and hold harmless the City, its
officers, agents and employees, of and from any and all claims, demands, actions, causes of
action, including costs and attorney's fees, arising out of or by reason of negligence in the
execution or performance of the work or services provided for herein and further agrees to
defend at its sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising hereunder.
Section 14. Covenant Ae:ainst Contine:ent Fees. Contractor warrants that it has not
employed any person to solicit or secure this Agreement for a commission, percentage,
brokerage or contingent fee.
Section 15. Govemine: Law. This Agreement shall be governed by the laws ofthe State
of Minnesota.
Section 16. Affirmative Action. The Contractor shall comply with all applicable laws
relating to nondiscrimination, affIrmative action, public purchase, contracting and employment.
Section 17. Comnliance with Laws and Ree:ulations. In providing services under the
Contract, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to
the provision of the services provided.
Section 18. Utilities. The Contractor shall be obligated to protect all public and private
utilities, streets or roadways, whether occupying a street or public or private property. If such
utilities, streets or roadways are damaged by reason of the Contractor's performance of the
services required under the Contract, the Contractor shall repair or replace the same, or failing to
do so promptly, the City shall cause repairs or replacement to be made and the cost of doing so
shall be deducted from payment to be made to the Contractor for mowing services.
Section 19. Notices. Pursuant to this Agreement, notices shall be hand-delivered or
mailed as follows:
AS TO CITY:
City Administrator
City of Farmington
430 Third Street
Farmington, MN 55024
AS TO CONTRACTOR:
Nowack's Lawn & Snow Service
11180 166th Street West
Lakeville, MN 55044
3
64
Section 20. Miscellaneous.
A. Contractor may not assign or subcontract any of the services to be performed hereunder
without the written consent ofthe City, which consent shall not be unreasonably withheld.
B. This Agreement shall become effective only upon its execution by both the City and
Contractor. This Agreement shall not be modified, amended, rescinded, waived or terminated
without the approval in writing of the City.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day
and year fIrst below written.
Dated:
, 2011.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
And
Peter J. Herlofsky Jr., City Administrator
CONTRACTOR:
Dated:
,2011.
By:
Its:
And
Its:
4
65
~
City of Farmington
430 Third Street
h..rmington, Minnesota
651.280_6800. Fax 651.280.6899
www.ci.fiLrmingulll.TIlll_LL"I
TO: Mayor, Councilrnembers, and City Administrator
FROM: Todd Reiten, Director of Municipal Services
SUBJECT: Adopt Resolution Approving Joint Powers Agreement with Dakota County
DATE: April 4, 2011
INTRODUCTION
Dakota County is offering the City of Farmington an opportunity to partner on a one-day household
hazardous waste (HHW) drop-off event.
DISCUSSION
Since 1985, Dakota County has partnered with cities to host one-day HHW drop-off events. Drop-off
events are held annually in communities whose residents are less likely to be adequately served by The
Recycling Zone (formerly the Eco-Site) in Eagan. By partnering with the County on a drop-off event in
Farmington, the City is able to add another layer of value and service to the residents by providing a
local opportunity to safely dispose of unwanted paints, solvents, and other HHW in addition to oil and
oil filters, and automotive tires and batteries.
The County will be responsible for providing equipment, staff persons, publicity outside the Farmington
area, and coordination and reimbursement of the disposal contractor. The County will also be
responsible for delivery and sorting of waste. The County will provide personal safety equipment.
The County is requesting that the City provide a site for the collection event, local publicity, a minimum
often staff people, management of solid wastes and recyclables received during the collection,
cardboard recycling, traffic coordination, and the collection and management of lead-acid batteries, used
oi~ and oil filters. Staff is also proposing to offer a document destruction opportunity with a mobile
paper-shredding vehicle for paper recycling.
This event will be at the Maintenance Facility on Saturday, September 10, 2011. The HHW portion of
the drop-off will be open to Dakota County residents and automotive tires will be accepted from
Farmington residents. The collection event will start at 9:00am and end at 1 :00 pm.
BUDGET IMPACT
Savings due to discontinuing scrap metal collection during Curbside Cleanup Days should allow the
costs of the Household Hazardous Waste Drop-off Event to be absorbed in the 2011 Solid Waste Budget
with minimal unanticipated impact.
66
ACTION REOUESTED
Authorize the City to enter into the Joint Powers Agreement with Dakota County.
Respectfully submitted,
Todd Reiten
Director of Municipal Services
cc: file
67
JPAfor HHW Drop-off
April 4, 2011
RESOLUTION NO. R21-11
APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
A ONE-DAY HOUSEHOLD HAZARDOUS WASTE EVENT COLLECTION
Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 4th day of April,
2011 at 7:00 p.m.
Members present:
Members absent:
Larson, Bartholomay, Fogarty
Donnelly, May
Member Fogarty introduced and Member Bartholomay seconded the following resolution:
WHEREAS, Minn. Stat. 471.59 authorizes local governmental units to jointly or cooperatively
exercise any power common to the contracting parties; and,
WHEREAS, it is considered mutually desirable to hold a one-day household hazardous waste
event in the City of Farmington; and,
WHEREAS, the City of Farmington and Dakota County will share project responsibilities and
jointly participate in the costs associated with the project as described in the agreement.
NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement
with Dakota County for the following purposes:
To share project responsibilities and jointly participate in the costs to hold a one-day household
hazardous waste event in the City of Farmington as described in the agreement.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to
execute such agreement, and thereby assume for and on behalf of the City all of the contractual
obligations contained therein.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
4th day of April, 2011.
Attested to the 5'.;4 day of April, 2011.
~~~-
Mayor /
/
SEAL
Dakota County Contract #13450
JOINT POWERS AGREEMENT
BETWEEN DAKOTA COUNTY
AND
THE CITY OF FARMINGTON
FOR A ONE~DAY HOUSEHOLD HAZARDOUS
WASTE EVENT COLLECTION
WHEREAS, Minn. Stat. ~ 471.59 authorizes local governmental units to jointly or cooperatively exercise any poWer
common to the contracting parties; and
WHEREAS, Dakota County (County) is a political subdivision of the State of Mi
WHEREAS, the City of Farmington (City) is a governmental and political s
f the State of Minnesota; and
WHEREAS, the parties desire to conduct a one-day household hazar
NOW, THEREFORE. in consideration of the mutual promises a
from this Agreement; the County and the City hereby enter into this
nty and the City shall derive
stated herein. .
_...__...~....~....~. ........ ..M ...n __..~ _..... ,.. _ ..__. .,_ __....._.....~ ....--... -.... ................ .-----.---...--.--.. ..-.
. . . .
arties to this Agreement and shall remain in effect
er this Agreement. unless earlier terminated by law or
The parties agree to
of this Agreement and
reasonable efforts to ensure prompt implementation of the various provisions
ertake resolution of any dispute in an equitable and timely manner.
ARTICLE 5
OBLIGATIONS OF PARTIES
5.1 CONTRACTS WITH V DORS. The packaging, analysis, storage transportation and disposal of household
hazardous wastes generated by the EVENT shall be governed by the terms of separate contracts between the
County and its vendors, copies of which will be provided to the City upon request. The packaging, analysis.
storage, transportation and disposal of additional items collected by the City at the EVENT shall be governed by
the terms of separate contracts between the City and its vendors, copies of which will be provided to the County
upon request. The County and the City acknowledge and agree to abide by the terms of said contracts.
5.2 SITE. The collection site for the EVENT will be located at 19650 Municipal Drive, Farmington, MN.
69
5.3 GENERAL DUTIES OF PARTIES.
Each party shall assist in the organizational duties associated with the EVENT. including site set-up and
coordination, volunteer coordination, and publicity for the EVENT.
In general, the County will provide equipment, staff, publicity outside the City area and coordination and
reimbursement of the disposal contractor (vendor). The County will be primarily responsible for collection and
sorting of household hazardous waste. The County will provide personal safety equipment, including gloves,
safety glasses and, as needed, protective aprons and/or coveralls for the County and City workers.
In general, the City will provide a site at which the EVENT will take place, publicity for the purpose of advertising
the EVENT, staffing for the collection, management of solid wastes and rec~ es received during the EVENT,
and, if planned, may also organize, collect, and property manage additio uch as tires, car batteries,
used oil and oil filters, antifreeze, appliances. and scrap metal, receive the EVENT. The City will provide
reimbursement to the disposal contractor (vendor) for all planned ad . s collected. The City will be
primarily responsible for cardboard recycling. traffic control and co the collection and management
of lead-acid batteries, used oil, and oil filters. The City will provo . nal equipment at the site,
fire extinguishe.rs, forklift and forklift operator" dumpsters. c . itary facilities and running
water.
hazardous waste generator for all
ring,the..J#ENT;, ..', ,."----...,..,...,."......,......,...........,.,....,
5.4 WORKERS. The County will provide at least five em
shall provide at least 1 0 employees or volunteers to staff
of age and will read and be familiar with the document entitl
(HHWSP) prior to the EVENT. Each worker must sign a state
the HHWSP and that he or she will follow t r collection pr
'easily'accessible to all workers at the' site: ,.. ,
5.5. HAZARDOUS WASTE GENERATOR NUMB
,.........,.....__"..__.-:~o1J~ehold.quantitlesof-accept~d.~h~l3r.dou,swa, "
A.
to their own employees. No party shall be
arty's employees.
ent of the costs associated with the following:
the site, fire extinguishers, forklift, forklift operator,
anitary facilities, running water, cardboard recycling, and
6.1
6.2
B.
Thee
additional
batteries. u
materials shall
agement and disposal of solid wastes, recyclables, and
uring the EVENT, such as tires, car batteries, lead-acid
I filters, antifreeze, appliances and scrap metal. Disposal of these
erned by agreements between the City and the vendor{s) of its choice.
C. The City may cHarge residents for planned and publicized additional items collected during the
EVENT, Any fees collected must not exceed the City's anticipated costs for managing the
additional items,
6.3 COUNTY'S COSTS. Except as to lead-acid batteries and used oil, the County shall be responsible for
the payment of all costs for packaging, storage, transportation and disposal of household hazard waste
collected at the EVENT.
2
70
ARTICLE 7
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the
extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents.
The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the
County and the City. The provisions of this section shall survive the expiration or termination of this Agreement.
ARTICLE 8
AUTHORIZED REPRESENTATIVES AND LIAISONS
8.1 AUTHORIZED REPRESENTATIVES. The following named persons are de .
Representatives of the parties for purposes of this Agreement. These pe
they represent and to consent to modifications, except that the authori
authority specifically or generally granted by their respective governi
pursuant to this Agreement shall be provided to the following nam
stated in this Agreement, or in a modification of this Agreemen
'Iri'iaddition,' notificatiorit6 the'
to the Office of the Dakota
TO THE COUNTY:
Lynn Thompson
Physical Deve
14955 Gala
Apple Valley, M
TO THE CITY:
ement by 'the 'other 'parlYshioiii be' provided""
ay 55, Hastings, Minnesota 55033.
8.2
ance of this Agreement and to ensure compliance and
by the County and the City. The parties shall keep
in the designated liaison. At the time of execution of
d liaisons:
Citv Liaison
Lena Larson
Telephone: (651) 280-6905
ARTICLE 9
TERMINATION
9.1 IN GENERAL. Either ay terminate this Agreement for cause by giving seven days' written notice
or without cause by giv 0 days' written notice, of its intent to terminate, to the other party. Such notice to
terminate for cause sha specify the circumstances warranting termination of the Agreement Cause shall mean
a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of
Termination shall be made by certified mail or personal delivery to the authorized representative of the other
party. Termination of this Agreement shall not discharge any liability. responsibility or right of any party, which
arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective
date of termination.
9.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the
contrary, the County may Immediately terminate this Agreement if it does not obtain funding from the Minnesota
Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient
to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to
3
71
the City by facsimile is sufficient notice under this section. The County is not obligated to pay for any services
that are provided after written notice of termination for lack of funding. The County will not be assessed any
penalty or damages If the Agreement is terminated due to lack of funding.
ARTICLE 10
GENERAL PROVISIONS
10.1 SUBCONTRACTING. The parties shall not enter into any subcontract for the performance of the services
contemplated under this Agreement nor assign any interest in the Agreement without prior written consent of all
parties and subject to such conditions and provisions as are deemed necessary, Such consent shall not be
unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of Its
subcontractors or assignors unless otherwise agreed.
A.
e other party for any loss or
r events outside the defaulting
party as soon as possible. Acts
of civil or military authority,
10.2 EXCUSED DEFAULT - FORCE MAJEURE. Neither party shall be Iia
damage resulting from a delay or failure to perform due to unfores
party's reasonable control, providing the defaulting party gives no
and events may include acts of God, acts of terrorism. war, fire
and natural disasters.
10.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIV
B.
Waiver for any default shall not be de
any provision of this Agreement shall n
:.,..:':'~~ Ie.ss:.s.tat~d ,~o}J.~,:su,c.~:i~,:~.r,:itin!J,an.d,:s. "
uent default Waiver of breach of
tion for the terms of this Agreement
,,:,,:, ,~Il!13~!\I:e~,()f.the:,~()u.'~,o/::t:l~~,:~~::c:;I,t.Y.~.':"::":::
nd the C agree to abide by all feeleral, state or local
effect or hereafter adopted pertaining to this Agreement
is responsible.
10.4 COMPLIANCE WITH LA
laws, statutes, ordinan
or to the facilities, pr
10.5 ns, or waivers of the provisions of this Agreement shall
gned by the authorized representatives of the County and
10.6 ment shall be governed by and construed in accordance with the
e of Minnesota, without giving effect to the principles of conflict of
is Ag ment shall be venued in Dakota County, Minnesota. The provisions of
tion or termination of this Agreement.
10.7 final expression of the agreement of the parties and the complete and exclusive
pon and shall supersede all prior negotiations, understandings, or agreements.
10.8 SEVERABILITY. The sions of this Agreement shall be deemed severable, If any part of this Agreement is
rendered void, invalidt or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
4
72
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
APPROVED AS TO FORM:
DAKOTA COUNTY
By
Lynn Thompson, Director
Physical Development Division
Date of Signature:
Assistant County Attorney/Date
K-11-46.004
County Board Res. No. 11-093
5
73
March 27, 2011
20607 Cypress Drive
Farmingto~ MN 55024
~"'~~\;t""",,~
~ ........J"'-l""r.J ~-lIi..J'-\f'"
_~'1 ~ P'...... .;-_. ~ /"""_. ~~--1k
.c}>i p- /""1. _. _" .... r ,,"t Ii..' 1>"t i' . r
. W u ~-,>...J g.; u ~i U ~
Farmington City Council;
This letter is provided to you to inform you of my resignation as the Farmington City
Administrator. As noted in my Employment Agreement, 60 days notice is required. My
last day as City Administrator will be Tuesday, May 318t.
74
J ./
.lYJ
/,
//
City of Farmington
430 Third Street
Farmington, .f\.1inncsota
651.280.6800. Fax 651.280.6899
www.ci.farmingtlm.nm.LL.i
TO: Mayor, Councilmembers, City Administrator
FROM: Kevin Schorzman, City Engineer
SUBJECT: Approve Joint Powers Agreement-Dakota County Digital Elevation Data
DATE: April 4, 2011
INTRODUCTIONIDISCUSSION
The Minnesota Department of Natural Resources (DNR) is undertaking a project to update digital
elevation data for the entire State. The data collected will be used to develop new maps with
elevation contours at two-foot intervals. Dakota County is scheduled to be completed this year. The
DNR project includes the option for local units of government to pay for enhancements to the data
collected to improve things such as accuracy. Through a collaborative discussion, staff from the
cities in Dakota County, and County staff have agreed that paying to upgrade the information to
develop maps with contours at one-foot intervals would be beneficial with regards to storm water
management, future planning and plan preparation.
The total cost of the upgrade to one-foot contours for the entire County is $50,000. Farmington's
portion of this cost will be $1,333.00. Staff believes that the increased accuracy of the information
gathered will benefit storm water management decisions within the City. It will also be a benefit to
future planning and preliminary plan preparation. In essence, the $1,333.00 expenditure doubles the
accuracy of the information which will be a tremendous benefit to the entire City, but in particular the
flatter areas in the southern and eastern parts of the City. Also, because the one-foot contours will be
developed for the entire County, more accurate information will be available to the City with respect
to land in the townships or Lakeville that abuts the City boundaries.
BUDGET IMPACT
The cost of Farmington's portion of the upgrade would be $1,333.00 and would be paid from the
Storm Water Fund. Funding from this source would be appropriate as the more detailed information
gathered would be most directly related to surface drainage characteristics.
ACTION REOUESTED
Approve the Joint Powers Agreement with Dakota County for cost sharing related to the
enhancement of the digital elevation data being collected.
Respectfully Submitted,
Kevin Schorzman
City Engineer
75
Dakota County Contract #13521
JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF DAKOTA
AND
THE CITY OF FARMINGTON
FOR COST SHARE RELATED TO THE
IMPROVEMENTS TO DIGITAL ELEVATION DATA
WHEREAS, Minn. Stat. ~ 471,59 authorizes local governmental units to jointly or cooperatively exercise any power
common to the contracting parties; and '
WHEREAS, Dakota County (County) is a political subdivisions of the State of Minnesota; and
WHEREAS, the City of Farmington (City) is a Minnesota municipal corporation; and
WHEREAS, the Minnesota Department of Natural Resources (DNR) is managing a multi-year project to acquire
statewide digital elevation data (DNR Project); and
WHEREAS, the DNR Project is being completed incrementally in partnership with counties and Dakota County is
scheduled for completion in 2011; and
WHEREAS, the DNR Project includes an option for counties to purchase additional improvements to the digital
elevation data, which said improvements will be realized in the form of higher accuracy and higher resolution elevation
data; and
WHEREAS, the County has agreed to purchase additional improvements to the digital elevation data at an
estimated cost of $50,000.00; and '
WHEREAS, the City desires to utilize the enhanced digital elevation data and is willing to cost share in the amount
of $ 1,333.00 towards the County's purchase of the additional improvements.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive
from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the County and the City for
the County's purchase of additional improvements to digital elevation data as part of the DNR Project and the l!se of said
data by the City.
ARTICLE 2
PARTIES
The parties to this Agreement are Dakota County, Minnesota (County) and the City of Farmington, Minnesota (City).
ARTICLE 3
TERM
This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect
until December 31, 2011, or until completion by the parties of their respective obligations under this Agreement, whichever
occurs first, unless earlier terminated by law or according to the provisions of this Agreement.
ARTICLE 4
COOPERATION
The County and the City agree to cooperate and use their reasonable efforts to ensure pronipt implementation of the
various provisions of this Agreement and to, In good faith, undertake resolution of any dispute in an equitable and timely
manner.
76
ARTICLE 5
OBLIGATIONS OF PARTIES
5.1 The County will purchase additional improvements to the digital elevation data from the DNR as part of the DNR
Project being conducted in Dakota County at an estimated cost of $50,000.00
5.2 The City will pay to the County the sum of $1,333.00 which shall be applied towards the purchase price of the
additional improvements to the digital elevation data as set forth in Section 5.1 above. The City shall make
payment to the County within 45 days of receiving an invoice from the County.
5.3 In exchange for its cost share contribution, the City will be allowed to obtain said enhanced digital elevation data
from the County and use it at no additional cost to the City. This section shall survive the expiration of this
Agreement.
ARTICLE 6
INDEMNIFICATION
Except as provided below, each party to this Agreement shall be liable for the acts of its officers, employees or agents and
the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers,
employees or agents.
To the fullest extent permitted by law, the City shall defend, indemnify and hold harmless the County, its officers,
employees or agents from and against all claims, damages, losses and expenses, including but not limited to attorney's
fees, arising out of or resulting from the City's use of any of the digital elevation data purchased by the County from the
DNR, which is the subject of this Agreement.
The provIsions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the
County and the City. The provisions of this section shall survive the expiration or termination of this Agreement.
ARTICLE 7
TERMINATION
Either party may terminate this Agreement upon 30 days written notice to the other party, with or without cause. Notice of
termination shall be made by certified mail or personal delivery to the person signing this Agreement on behalf of the other
party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from
the performance of or failure to adequately perform the terms of the Agreement prior to the effective date of termInation,
ARTICLE 8
GENERAL PROVISIONS
8.1 ACCOUNTING AND RECORDS. The parties agree to establish and maintain accurate and complete accounts, .
financial records and supporting documents relating to the receipt and expenditure of the cost share funds. Such
accounts and records shall be kept and maintained by the parties for a minimum period of six years following the
expiration of this Agreement.
8.2 AUDITING. The books, records, documents and accounting procedures and practices of the parties that are
relevant to this Agreement are subject to examination by the other party and the State Auditor for a minimum of
six years following the expiration of this Agreement.
8.3 NOTICE. Notice required to be provided pursuant to this Agreement shall be provided to the following named
persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement:
TO THE COUNTY:
Lynn Thompson or successor, Director
Physical Development Division
14955 Galaxle Avenue
Apple Valley, MN 55124
2
77
Todd Larson or successor. Mayor
Farmington City Hall
430 Third St.
Farmington. MN 55024
In addition. notification to the County regarding termination of this Agreement by the other party shall be provided
to the Office of the Dakota County Attorney. Civil Division. 1560 Highway 55, Hastings, Minnesota 55033.
TO THE CITY:
8.4 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and
provide ongoing consultation. a liaison shall be designated by the County and the City. The parties shall keep
each other continually informed, in writing, of any change in the designated liaison. At the time of execution of
this Agreement, the following persons are the designated liaisons:
County Liaison:
Randy Knippel
Telephone: (952) 891-7080
randy.knippel@co.dakota.mn.us
Kevin Schorzman
KSchorzman@ci.farmington.mn.us
8.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by
the authorized representatives of the County and the City.
City Liaison:
8.6 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of
laws. All proceedings related to this Agreement shall be venued In the County of Dakota. State of Minnesota.
8.7 MERGER. This Agreement Is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations. understandings, or agreements.
8.8 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void. invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below.
CITY OF FARMINGTON
By
Todd Larson, Mayor
Date of Signature:
By
. City Clerk
Date of Signature:
COUNTY OF DAKOTA
APPROVED AS TO FORM:
By
Lynn Thompson, Director
Physical Development Division
Date of Signature:
~ 3 ~s ,;LotI
A sistant Dakota Co nty Attorney Date
K-11-100.004
County Board Res. No. 11- f3';J.--
3
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