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Home My WebLink About09.18.23 Council Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, September 18, 2023 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA 7.1. Minutes of the September 5, 2023 Work Session Agenda Item: Minutes of the September 5, 2023 Work Session - Pdf 5 - 8 7.2. Minutes of the September 5, 2023 Regular City Council Meeting Agenda Item: Minutes of the September 5, 2023 Regular City Council Meeting - Pdf 9 - 14 7.3. Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, November 18, 2023 Agenda Item: Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, November 18, 2023 - Pdf 15 - 20 7.4. Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, February 24, 2023 Agenda Item: Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, February 24, 2023 - Pdf 21 - 26 7.5. Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, October 29, 2023 27 - 28 Page 1 of 211 Agenda Item: Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, October 29, 2023 - Pdf 7.6. Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, November 18, 2023 Agenda Item: Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, November 18, 2023 - Pdf 29 - 30 7.7. Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, February 24, 2024 Agenda Item: Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, February 24, 2024 - Pdf 31 - 32 7.8. Amendment to Lease Agreement for Farmington Liquor Agenda Item: Amendment to Lease Agreement for Farmington Liquor - Pdf 33 - 36 7.9. Designate Building Official for the City of Farmington Agenda Item: Designate Building Official for the City of Farmington - Pdf 37 - 38 7.10. Ordinance Amendment to Title 10, Chapter 3, Sections 3, 5, & 7 of the City Code: Administrative Requirements for Conditional and Interim Use Permits Agenda Item: Ordinance Amendment to Title 10, Chapter 3, Sections 3, 5, & 7 of the City Code: Administrative Requirements for Conditional and Interim - Pdf 39 - 46 7.11. Approve Bills Agenda Item: Approve Bills - Pdf 47 - 48 Approve Bills 7.12. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 49 7.13. Updated Fire Department Job Descriptions Agenda Item: Updated Fire Department Job Descriptions - Pdf 50 - 67 7.14. City of Farmington Website Migration to New Provider CivicPlus Agenda Item: City of Farmington Website Migration to New Provider CivicPlus - Pdf 68 - 73 7.15. Professional Services Agreement with JLG Architects for Facility Master Planning for the Rambling River Center Agenda Item: Professional Services Agreement with JLG Architects for Facility Master Planning for the Rambling River Center - Pdf 74 - 86 7.16. Resolution Accepting Donation from Travel Leaders – Galaxy Travel to the Rambling River Center Agenda Item: Resolution Accepting Donation from Travel Leaders – Galaxy Travel to the Rambling River Center - Pdf 87 - 88 7.17. Final Acceptance of Public Streets and Utilities and Release of Securities - Vita Attiva at South Creek First Addition 89 - 92 Page 2 of 211 Agenda Item: Final Acceptance of Public Streets and Utilities and Release of Securities - Vita Attiva at South Creek First Addition - Pdf 7.18. Professional Services Agreement with Barr Engineering for the Industrial Park Drainage Study Agenda Item: Professional Services Agreement with Barr Engineering for the Industrial Park Drainage Study - Pdf 93 - 111 7.19. Professional Services Agreement with TKDA for Well 5 Retaining Wall Design Agenda Item: Professional Services Agreement with TKDA for Well 5 Retaining Wall Design - Pdf 112 - 142 8. PUBLIC HEARINGS 8.1. Ordinance Amending the 2023 Fee Schedule with the State Tax Increase Effective October 1, 2023 Hold a public hearing and Adopt Ordinance 023-775 Amending Charges and Fees for Licenses, Permits, or Other City Approvals and Services for Calendar Year 2023 to Include Minnesota Sales Tax Increase Effective October 1, 2023. Agenda Item: Ordinance Amending the 2023 Fee Schedule with the State Tax Increase Effective October 1, 2023 - Pdf 143 - 175 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Preliminary 2024 General Fund Budget and Tax Levy Hear the presentation that will be made by City Staff and ask any questions you may have. Once the City Council is comfortable, a motion should be made to: • Adopt Resolution R62-23 Adopting the Preliminary Budget and Setting the 2024 Preliminary Tax Levy and Debt Service Levy, establishing the 2024 preliminary tax levy as proposed. • Set the public input meeting prior to the adoption of the final 2024 budget and tax levy for Monday, December 4, 2023, at 7:00 p.m. Agenda Item: Preliminary 2024 General Fund Budget and Tax Levy - Pdf 176 - 190 Page 3 of 211 12.2. Professional Services Agreement with Kimley-Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overlay Project, Feasibility Study and 30% Design Approve the Professional Services Agreement with Kimley-Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overlay Project, Feasibility Study and 30% Design Agenda Item: Professional Services Agreement with Kimley-Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overlay Project, Feasi - Pdf 191 - 210 12.3. Closed Session - Wells Fargo Bank v. True Gravity Ventures, LLC; Astra Genstar Partnership, LLP; Robert M. Wacholz and the City of Farmington, Court File Number 19HA-CV-23-308 (Minn. D. Ct.) Not applicable Agenda Item: Closed Session - Wells Fargo Bank v. True Gravity Ventures, LLC; Astra Genstar Partnership, LLP; Robert M. Wacholz and the City of Farmin - Pdf 211 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 4 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the September 5, 2023 Work Session Meeting: Regular Council - Sep 18 2023 INTRODUCTION: For Council review and approval are the minutes of the Council Work Session dated September 5, 2023. ACTION REQUESTED: Approve the minutes of the Work Session dated September 5, 2023. ATTACHMENTS: 09.05.23 Work Session Minutes Page 5 of 211 City Council Work Session Minutes of September 5, 2023, Page 1 of 3 City of Farmington City Council Special Work Session Minutes Tuesday, September 5, 2023 The City Council met in a Special Work Session on Tuesday, September 5, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Special Work Session to order at 5:00 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter (excused) Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Deanna Kuennen, Community Development Director Chris Regis, Finance Director Kellee Omlid, Parks & Recreation Director Jeremy Pire, Parks & Facilities Supervisor Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Others Present: Tim Kittila, Kraus-Anderson 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Lien to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays. 3. DISCUSSION ITEMS 3.1 Facility Condition Assessments Presentation Director Omlid and Tim Kittila of Kraus-Anderson presented the preliminary findings and cost estimates of the Facility Condition Assessments on eight (8) City facilities including City Hall, Fire Station 1, Fire Station 2, Central Maintenance Facility, First Street Garage, Police Station, Schmitz-Maki Arena, and Rambling River Center. All facilities were identified in fair condition. Identified $17 million in anticipated deferred maintenance needs over the nex t ten years. The City has made good investments that show these buildings have been well maintained. Page 6 of 211 City Council Special Work Session Minutes August 21, 2023 Page 2 of 3 First Street Garage: Built in 2009, 5,190 square feet, and in good condition. Overall, no major concerns. Maintenance needs: roof replacement possible and control joints replacement. City Hall: Built in 2009 and 44,000 square feet. Maintenance needs: roof replacement in 2029, exterior enclosure replacements in 2029, HVAC replacements, plans for interior renovations. Fire Station #1: Built in 1985 and 10,000 square feet. Maintenance needs: roof replacement necessary, exterior enclosure maintena nce and replacements, HVAC replacements. Fire Station #2: Built in 2006 and 10,650 square feet. Maintenance needs: roof replacement in 2026, exterior enclosure maintenance, HVAC replacements, monitoring one panel foundation – caused some shifting of panel (minor). Police Station: Built in 2002 and 14,990 square feet. Maintenance needs: roof replacement necessary, sitework, exterior enclosure work, HVAC replacements. Central Maintenance Facility: Built in 2002 and 43,330 square feet. Maintenance needs: roof replacement, HVAC replacements, exterior enclosure, sitework. Senior Center: Built in 1968 and 12,670 square feet. Maintenance needs: roof replacement, interior renovations, exterior enclosure, HVAC, electrical. Schmitz-Maki Arena: Built in 1974 and 35,470 square feet. Maintenance needs: roof approaching 50 years old, revision of locker rooms 5/6, HVAC in mechanical room (safety). Conclusion: The City has made strategic investments to keep properties well maintained and overall updated. Biggest concerns are arena maintenance for roofs/exterior enclosure (safety items), and the roof for the senior center. Buildings are in fair overall condition. $17 million anticipated in deferred maintenance needs over the next ten years. Strategizing funding for the various deferred maintenance needs will be key in ensuring the facilities’ health in the coming years. Discussion: • This assessment is very thorough and exactly what we needed to see. • Council may need a half-day strategic planning meeting. Set up internal controls and standard practices and figure out what the next ten years may look like. We need to create a plan for these maintenance items and expenses. Page 7 of 211 City Council Special Work Session Minutes August 21, 2023 Page 3 of 3 3.2 2024 Tax Levy and Utility Rate Study Update At the conclusion of the last Utility Rate Study presentation, Council directed Staff to increase the Water Fund rates by 3% and to change the funding for a new water tower from 50% cash and 50% bonding to all cash. These changes were incorporated into the Utility Rate Study. Director Regis provided Council with an update on the preliminary budget adjustments. Discussion: • Prefer to keep Ehlers’ recommendations versus 3%; fine with 1%. • Ehlers’ rationale was to keep water down since sewer rates increased more due to Met Council’s increases. • As long as we have some level of predictability and keep it consistent over time, it’s more palatable to our residents and keep up with inflation. • The Water Fund is continually building. • The Ehlers presentation was created with Staff collaboration. • We had all the information to Ehlers in July, same as we have today. • We should evaluate and update this every year. Council direction: 1% on Water. 4. COUNCIL COMMITTEE UPDATE • The Liquor Operations Committee met on how the stores are performing. Sales are up; would like to promote THC products. Josh Solinger, Store Manager, is very proud to show his sales numbers and is very passionate about what he does. • Dakota Broadband Board was officially dissolved on August 31, 2023. Final reconciliation of accounts should be complete by the end of the month. 5. CITY ADMINISTRATOR UPDATE No update. 6. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adjourn the meeting at 6:27 p.m. Motion carried: 4 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 8 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the September 5, 2023 Regular City Council Meeting Meeting: Regular Council - Sep 18 2023 INTRODUCTION: For Council review and approval are the minutes of the Regular City Council Meeting dated September 5, 2023. ACTION REQUESTED: Approve the minutes of the September 5, 2023 Regular City Council Meeting. ATTACHMENTS: 09.05.23 Council Minutes Page 9 of 211 Regular City Council Meeting Minutes of September 5, 2023 Page 1 of 5 City of Farmington Regular Council Meeting Minutes Tuesday, September 5, 2023 The City Council met in regular session on Tuesday, September 5, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: Councilmember Katie Porter (excused absence) Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community Development Director Chris Regis, Finance Director Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 4. APPROVE AGENDA City Administrator Gorski asked that Item 7.3, Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements, be pulled from the agenda for Staff to look into additional options. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to approve the agenda, as amended. Motion carried: 4 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS No one addressed the Council. Page 10 of 211 Regular City Council Meeting Minutes of September 5, 2023 Page 2 of 5 7. CONSENT AGENDA 7.1 Regular City Council Meeting Minutes for August 21, 2023 7.2 Special Work Session Minutes for August 21, 2023 7.3 Amendment 1 to the Construction Services Scope and Budget for the Akin Road Improvements – Item Pulled 7.4 Federal Aviation Administration Request to Allow Parking on Division Street 7.5 Road and Trail Maintenance Agreement with the City of Empire 7.6 Sewer Agreement with the City of Empire 7.7 Vita Attiva at South Creek Encroachment Agreement 7.8 Bills for August 15 – 29, 2023 7.9 Employee Recognition Program 7.10 Resolution R58-23 Accepting a Donation of Coach Transportation from Marschall Line Inc. to the Parks and Recreation Department Mayor Hoyt suggested that the August 21, 2023, minutes of the Regular City Council Meeting be amended to include the statement provided by David Pritzlaff at that meeting. City Attorney Koch recommended that this be added as Item 12.1 under New Business for Council discussion. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to approve the Consent Agenda, as amended with Item 7.3 pulled, and add the statement from David Pritzlaff as Item 12.1. Motion carried: 4 ayes / 0 nays. 8. PUBLIC HEARINGS 8.1 Consideration of Resolution R58-23 Certifying the 2024 Property Tax Levy Recommendation by the Farmington Economic Development Authority Mayor Hoyt opened the public hearing at 7:02 p.m. Director Kuennen stated that the Economic Development Authority (EDA) has discussed the importance of having a dedicated funding source to support economic development initiatives. The EDA reviewed the process required to establish an EDA levy, directed Staff to prepare a work plan with an associated budget, and discussed the specific recommended levy request for 2024. The EDA is recommending that the City Council include a levy of $150,000 for the EDA as part of the 2024 budget. Per Minnesota Statutes, the City can levy no more than 0.01813% of the City's taxable market value. The $150,000 levy request is considerably less than the maximum allowed ($524,687 based on the 2023 taxable market value), but the amount would significantly enhance the economic development efforts and momentum currently underway. Mayor Hoyt closed the public hearing at 7:09 p.m. Council asked questions and received answers. Page 11 of 211 Regular City Council Meeting Minutes of September 5, 2023 Page 3 of 5 Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adopt Resolution R58-23, Certifying the 2024 Property Tax Levy Recommended by the Farmington Economic Development Authority, and directed the City Clerk to publish the adopted resolution in the City’s official newspaper. Motion carried: 4 ayes / 0 nays. 9. AWARD OF CONTRACT None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 Ordinance Amending Section 10-6-29: Chickens on Urban Residential Lots Planning Manager Wippler presented the ordinance amending section 10-6-29, Chickens on Urban Residential Lots. The substantive changes in the ordinance amendment include the following: • Making the initial permit administrative. • Removing the requirement of a public hearing for the initial permit (the proposed code does provide that the adjacent property owners be notified that an application has been received). • Removing the requirement that the property has to be located within the R - 1 zoning district. Allows for a permit on any property developed for a single- family dwelling within a residential zoning district. • Identifying the exterior finish materials for the coop and run , along with the proposed construction method. • Verbiage added under section (A) of the ordinance adding a #4 under the supporting information/documents required for a permit - verbiage added: "Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code." • Changing the time period for approval of an administrative renewal permit from yearly to every two (2) years from the date of the initial approval. • Addition of verbiage that eggs from chickens are for personal use and consumption by the owners of the chickens and may not be offered for sale or sold. The Planning Commission held a public hearing regarding this ordinance amendment at its August 8th regular meeting. The Commission voted 5 -0 to recommend approval of the attached ordinance and summary ordinance. Council asked questions and received answers. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve and pass Ordinance 023-774, Amending Title 10, Chapter 6, Section 29 of the Farmington City Code as it Relates to Chickens on Residential Lots. Motion carried: 4 ayes / 0 nays. Page 12 of 211 Regular City Council Meeting Minutes of September 5, 2023 Page 4 of 5 11. UNFINISHED BUSINESS None. 12. NEW BUSINESS 12.1 Statement from David Pritzlaff, 20255 Akin Road Motion was made by Councilmember Lien and seconded by Councilmember Bernatz to have Mr. Pritzlaff ’s comments from the August 21, 2023, Regular City Council Meeting, Citizen Comments portion, added to the official minutes of August 21, 2023. Motion carried: 4 ayes / 0 nays. 13. CITY COUNCIL ROUNDTABLE • Drive safe, school is back in session. The Police Department has shared rules for obeying bus laws. • Ken Lewis retired after 22 years with the City - happy retirement to him. The population was about 9,000 to 10,000 when he started. Fun fact: Ken was asked how close his population estimate was each year as compared to Met Council numbers. He based his estimates on single family construction and said his numbers were almost always spot on. • Huge Kudos to Kellee Omlid for the awesome bus tour last week and lining up a brand new bus and an awesome driver, thank you. • Also thank you, Kellee, and others involved in the facilities study report. It was a good report with a lot of collaboration. Nice job, thank you. • Governor Walz's Commission on Judicial Selection recommended several candidates for two empty seats in Dakota County for the bench. Their bios are available by visiting: Commission on Judicial Selection Recommends First Judicial Candidates. Governor will make the appointments to the bench. • Special thank you to the Dakota County Regional Chamber for being our partner. They helped the City of Farmington host Amy Klobuchar at a recent event held at Aerospace Fabrication. • Thank you to John Moore for his bus chauffeur services that he provided for Parks and Recreation. • Two new Police Officers and our new Building Official were approved tonight and will start in the next two weeks. • September 19th at 1:00 p.m. will be a groundbreaking for The Emery, apartments being constructed by Ebert Construction. • Road activities include work at the apartment building with parking spots blocked off temporarily; short term closure of 3rd Street in the future to connect new utilities in the roadway; Flagstaff and CR 50 - the County is waiting for Frontier to relocate their facilities - turn modification keeps getting pushed back; Spruce Street - this is the FAA, not the city, doing work on their storm sewer all fall; Pilot Knob - County project has the paving done for the turn lane at 206th Street. • We extend our condolences to the family of Tom Kaldunski, former Public Works Director and City Engineer for the City of Farmington. He recently retired as City Engineer from the City of Inver Grove Heights. He passed away last week. Page 13 of 211 Regular City Council Meeting Minutes of September 5, 2023 Page 5 of 5 • Friday is the 2nd Annual Fall Food Truck event at Empire, hosted by the Farmington Parks & Recreation Commission and Empire Parks & Recreation Commission. There will be 7 food trucks on Friday night at Stelzel ballfields from 5 p.m. to 8 p.m. • Saturday is the last movie in the park for the season: 5:30 p.m. Kidsdance, followed by the movie Hocus Pocus at dusk (approx. 7:30 p.m.). • The City will be going through a financial accounting conversion in 2024. The scheduled live date has been pushed back to September 1, 2024. • Stopping for school bus flashing red lights and stop arms is not just a suggestion or best practice - it is a requirement by law. Cameras on all bus stop arms at Marshall Lines have shown us how pervasive the issue is, so give school buses and students extra room. • Corn looks ready earlier this year than in years past. As we meet every couple of weeks, Mother Nature keeps changing. In addition to our school buses and students and safety, keep in mind – when it’s 75 degrees and the sun is setting earlier, look out for motorcycles, kids on bikes, and farmers harvesting. Things change quickly after Labor Day. • The Emery, Ebert Construction building, is slated for preliminary demo day this week. This project brings many things to this community and is a great project for our community and our future. It is in alignment with our downtown redevelopment plan and puts a giant flag in the air to signal to developers that we are a community ready for something that looks a little different, adds more density, helps drive our populus, and create opportunities. This company had options and chose Farmington. • We don't talk often about mental health but it's very real and it's in front of us. Coming out of Covid and with different dynamics in our lives has displaced personal interactions. Please reach out to your network, talk to your family and neighbors and someone you haven't talked to in a while. Check on them and see how they're doing. They may not be in a dire situation, but everyone needs a little pick-me-up and can use more hugs and smiles. Suicide is something we don't want to have to talk about but it's a reality of the world, so check in on everyone that you can and make sure they're doing well. 14. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 7:37 p.m. Motion carried: 4 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 14 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, November 18, 2023 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The Knights of Columbus Council 2400 Farmington has applied for a Gambling Event Permit for Turkey Bingo on November 18, 2023. DISCUSSION: Per Minnesota Statute 349.166 and pertinent City Code, a gambling event permit must be approved by the City of Farmington for this request. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution No. R63-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Knights of Columbus Council 2400 Farmington, November 18, 2023. ATTACHMENTS: R63-23 Gambling Exempt Permit for Knights of Columbus 11.18.23 Gambling Permit, Knights of Columbus for 11.18.23 Page 15 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R63-23 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPTION PERMIT TO CONDUCT GAMBLING BY THE KNIGHTS OF COLUMBUS COUNCIL 2400 FARMINGTON, NOVEMBER 18, 2023 WHEREAS, the Knights of Columbus Council 2400 Farmington has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct gambling in the form of bingo on November 18, 2023; and WHEREAS, the City of Farmington has no objection to said activity. NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exemption Permit by the Gambling Control Board to the Knights of Columbus Council 2400 Farmington on November 18, 2023, to be conducted at Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 16 of 211 MI N N E S O T A LA W F U L GA M B L I N G . . . 11 / 1 7 LG 2 4 0 B Ap p l i c a t i o n to Co n d u c t Ex c l u d e d Bi n g o No Fe e Pa g e 1 of 2 ,c j ; ? f , ' ; ” a “ ° " Kn l g h i s of Co l u m b u s Co u n c i l 24 0 0 Fa r m l n g i o n :; ‘ ? ‘ , : 1 i ‘ , ’ , “ , f , , , G , , ‘ : { , " e ' : ' : " 9 xe - 3 4 7 2 1 - 2 3 - 0 2 3 Mi n n e s o t a Ta x ID Fe d e r a l Em p l o y e r ID Nu m b e r , if a n y : 50 4 5 0 5 4 Nu m b e r (F E I N ) , if an y : Ma l l i n g Ad d r e s s : 22 1 2 0 De n m a r k Av e Ci t y , Fa r m i n g i o n st a t e ; MN ZI P , 55 0 2 4 Co u n t y , Da k o t a Na m e of Ch i e f Ex e c u t i v e Of f i c e r (c e o ) : Ja m e s Dy k h u i s CE O Da y t i m e ph o n e , 95 2 - 2 6 1 - 9 7 3 9 CE O Em a “ , ja m e s . d y k h u i s @ f r o n t i e r n e t . n e t (p e r m i t wi l l be em a i l e d to th i s em a i l ad d r e s s un l e s s ot h e r w i s e In d i c a t e d be l o w ) Em a i l pe r m i t to (i f ot h e r th a n th e CE O ) : dd t h U | ’ e € n @ 9 m a ” - C 0 m Ty p e of No n p r o f i t Or g a n i z a t i o n (c h e c k on e ) : 7 Fr a t e r n a l Re l i g i o u s |V e t e r a n s l V Ot h e r No n p r o f i t Or g a n i z a t i o n At t a c h a co p y of at le a s t on e of th e fo l l o w i n g sh o w i n g pr o o f of no n p r o f i t st a t u s : (D O NO T at t a c h a sa l e s ta x ex e m p t st a t u s or fe d e r a l em p l o y e r ID nu m b e r , as th e y ar e no t pr o o f of no n p r o f i t st a t u s . ) Cu r r e n t ca l e n d a r ye a r Ce r t i f i c a t e of Go o d St a n d i n g Do n ' t ha v e a co p y ? 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V In t e r n a l Re v e n u e Se r v i c e - A f f i l i a t e of na t i o n a l , st a t e w i d e , or in t e r n a t i o n a l pa r e n t no n p r o f i t or g a n i z a t i o n (c h a r t e r ) If yo u r or g a n i z a t i o n fa l l s un d e r a pa r e n t or g a n i z a t i o n , at t a c h co p i e s of E of th e fo l l o w i n g : 1. IR S le t t e r sh o w i n g yo u r pa r e n t or g a n i z a t i o n is a no n p r o f i t 50 1 ( c ) or g a n i z a t i o n wi t h a gr o u p ru l i n g ; an d 2. th e ch a r t e r or le t t e r fr o m yo u r pa r e n t or g a n i z a t i o n re c o g n i z i n g yo u r or g a n i z a t i o n as a su b o r d i n a t e . Ha s yo u r or g a n i z a t i o n he l d a bi n g o ev e n t in th e cu r r e n t ca l e n d a r ye a r ? I V |Y e s No If ye s , li s t th e da t e s wh e n bi n g o wa s co n d u c t e d : F€ b T U a | ’ Y 25 : 20 2 3 Th e pr o p o s e d bi n g o ev e n t wi l l be : V on e of fo u r or fe w e r bi n g o ev e n t s he l d th i s ye a r . Da t e s : Ma g g i [E Za L E .. ° R . co n d u c t e d on up to 12 co n s e c u t i v e da y s in co n n e c t i o n wi t h a: co u n t y E] ci v i c ce l e b r a t i o n Da t e s : Mi n n e s o t a St a t e Fa i r Da t e s : Pe r s o n in ch a r g e of bi n g o ev e n t : Da r i n Th u r e e n Da y t i m e Ph o n e : 51 2 - 3 5 0 - 5 5 3 3 Na m e of pr e m i s e s wh e r e bi n g o wi l l be co n d u c t e d : Ch U F C h Of St Mi C h B e | Pr e m i s e s st r e e t ad d r e s s : 22 1 2 0 De n m a r k AV E Ci t y ; Fa r m l n g t o n If to w n s h i p , to w n s h i p na m e : Co u n t y : Page 17 of 211 11 / 1 7 LG 2 4 0 B Ap p l i c a t i o n to Co n d u c t Ex c l u d e d Bi n g o va g e z o r z I - r l :- " : 1 -. 1 1 . - i -v . - ‘ _ i .- , CI T Y AP P R O V A L CO U N T Y AP P R O V A L fo r a ga m b l i n g pr e m i s e s fo r a ga m b l i n g pr e m i s e s lo c a t e d wi t h i n ci t y li m i t s lo c a t e d in a to w n s h i p On be h a l f of th e ci t y , i ap p r o v e th i s ap p l i c a t i o n fo r ex c l u d e d on be h a l f of th e co u n t y , I ap p r o v e th i s ap p l i c a t i o n fo r ex c l u d e d bi n g o ac t i v i t y at th e pr e m i s e s lo c a t e d wi t h i n th e ci t y ' s bi n g o ac t i v i t y at th e pr e m i s e s lo c a t e d wi t h i n th e co u n t y ' s ju r i s d i c t i o n . ju r i s d i c t i o n . Pr i n t Ci t y Na m e : Pr i n t Co u n t y Na m e : 0 Ci t y Pe r s o n n e l : Si g n a t u r e of Co u n t y Pe r s o n n e l : Da t e l m ' Ti t l e : Da t e : TO W N S H I P (I f re q u i r e d by th e co u n t y ) On be h a l f of th e to w n s h i p , I ac k n o w l e d g e th a t th e or g a n i z a t i o n Ti t l e : Th e CR Y 0' ‘ C0 | - " W Y mu s t 5i 9 n be f o r e '( § i a i 7 a ' 3 K ' s " i { ' i S ‘ : a § X § é u § § § u ' i § ‘ r 5 ° a : i m i y V : E I : 3 3 $ / § ° . ? 1 " § 2 : i ' ; I g n b su b m i t t i n g ap p ? c a t i o n to th e ap p l i c a t i o n , pe r Mi n n e s o t a St a t u t e s , Se c t i o n 34 9 . 2 1 3 . ) Ga m b l i n g Co n t r o l Bo a r d . Pr i n t To w n s h i p Na m e : Si g n a t u r e of To w n s h i p Of f i c e r : Ti t l e : Da t e : Ch i e f Ex e c u t i v e Of f i c e r ' s Si g n a t u r e : Pr i n t Na m e z o x ? l / i / \ in : ,; -, " i , - ' iv ‘ :- _ A °i / / o / 2 6 ; : Ma i l or fa x ap p l i c a t i o n an d a co p y of yo u r pr o o f of no n p r o f i t st a t u s to : Mi n n e s o t a Ga m b l i n g Co n t r o l Bo a r d 17 1 1 we s t Co u n t y Ro a d B, Su i t e 30 0 So u t h Ro s e v i i l e , MN 55 1 1 3 Fa x : 65 1 - 6 3 9 - 4 0 3 2 An ex c l u d e d bl n g o pe r m i t wi l l be ma i l e d to yo u r or g a n i z a t i o n . Yo u r or g a n i z a t i o n mu s t ke e p it s bi n g o re c o r d s fo r 3- 1 / 2 ye a r s . Qu e s t i o n s ? Bi n g o ha r d ca r d s an d bi n g o nu m b e r se l e c t i o n de v i c e s ma y be bo r r o w e d fr o m an o t h e r or g a n i z a t i o n au t h o r i z e d to co n d u c t bi n g o . Ot h e r w i s e , bi n g o ha r d ca r d s , bi n g o pa p e r , an d bi n g o nu m b e r se l e c t i o n de v i c e s mu s t be ob t a i n e d fr o m a di s t r i b u t o r li c e n s e d by th e Mi n n e s o t a Ga m b l i n g Co n t r o l Bo a r d . To ?n d a li c e n s e d di s t r i b u t o r , go to ww w . m n . g o v / g c b an d cl i c k on Di s t r i b u t o r s un d e r th e LI S T OF LI C E N S E E S ta b , or ca l l 65 1 - 5 3 9 - 1 9 0 0 . Th i s fo r m wi l l be ma d e av a i l a b l e In al t e r n a t i v e fo r m a t Da t a pr i v a c y no t i c e : Th e In i o r m a t l o n re q u e s t e d wi l l be ab l e to pr o c e s s th e ap p l i c a t i o n . Yo u r me m b e r s , Bo a r d st a f f wh o s e wo r k re q u i r e s on th i s fo r m (a n d an y at t a c h m e n i s ) wi l l be us e d or g a n i z a t i o n ' s na m e an d ad d r e s s wi l l be pu b l i c ac c e s s to th e In f o r m a t i o n ; Mi n n e s o t a ' s De p a r t - by th e Ga m b l i n g Co n t r o l Bo a r d (B o a r d ) to de t e r ~ in f o r m a t i o n wh e n re c e i v e d by th e Bo a r d . Al l me n : of Pu b l i c Sa f e t y ; At b o r n e y Ge n e r a l ; Co m - ml n e yo u r or g a n i z a t i o n ' s qu a l i f i c a t i o n s to be In - ot h e r in f o r m a t i o n pr o v i d e d wi l l be pr i v a t e da t a ml s s i o n e r s of Ad m i n i s t r a t i o n , Mi n n e s o t a Ma n a g e - vo i v e d In la w f u l ga m b l i n g ac t i v i t i e s in Mi n n e s o t a . ab o u t yo u r or g a n i z a t i o n un t i l th e Bo a r d is s u e s me n t & Bu d g e t , an d Re v e n u e ; Le g i s l a t i v e Au d i - Yo u r or g a n i z a t i o n ha s th e ri g h t to re f u s e to su p - th e pe r m i t . wh e n th e Bo a r d is s u e s th e pe r m i t , to r , na t i o n a l an d In t e r n a t i o n a l ga m b l i n g re g u l a - pl y th e in f o r m a t i o n ; ho w e v e r , if yo u r or g a n i z a - al l In f o r m a t i o n pr o v i d e d wi l l be c o m e pu b l i c . if to r y ag e n c i e s : an y o n e pu r s u a n t to co u r t or d e r ; tl o n re f u s e s to su p p l y th i s In f o r m a t i o n , th e Bo a r d th e Bo a r d do e s no t is s u e a pe r m i t , al l In l ' o r - ot h e r in d i v i d u a l s an d ag e n c i e s sp e c i ? c a l l y ma y no t be ab l e to de t e r m i n e yo u r or g a n i z a - ma t i o n pr o v i d e d re m a i n s pr i v a t e , wi t h th e ex - au t h o r i z e d by st a t e or fe d e r a l la w to ha v e ac c e s s tl o n ' s qu a l i ? c a t i o n s an d , as a co n s e q u e n c e . ma y ce p t l o n of yo u r or g a n i z a t i o n ' s na m e an d ad d r e s s to th e In f o r m a t i o n ; in d i v i d u a l s an d ag e n c i e s fo r re f u s e to is s u e a pe r m i t . if yo u r or g a n i z a t i o n wh i c h wi l l re m a i n pu b l i c . Pr i v a t e da t a ab o u t wh i c h la w or le g a l or d e r a u t h o r l z e s a ne w us e or su p p l i e s th e In f o r m a t i o n re q u e s t e d , th e Bo a r d yo u r or g a n i z a t i o n ar e av a i l a b l e to Bo a r d sh a r i n g of in f o r m a t i o n af t e r th i s no t i c e wa s gi v e n ; an d an y o n e wi t h yo u r wr i t t e n co n s e n t . An eq u a l op p o r t u n i t y em p l o y e r Page 18 of 211 CI T Y OF FA R M I N G T O N Ap p l i c a t i o n fo r Ga m b l i n g Ev e n t Pe r m i t (F o r m GE 2 0 0 9 ) AP P L I C A N T IN F O R M A T I O N Ap p , i c a m N a m e ; Da r i n Du a n e Th u r e e n me : Ev e n t Ch a i r (F i r s t ) (M i d d l e ) (L a s t ) Ap m a m Ad d , e s s _ . 14 3 8 5 At w a t e r Wa y Ro s e m o u n t , MN 55 0 6 8 (S t r e e t ) (C i t y , St a t e , ZI P ) Ap p l i c a n t Ho m e Ph o n e : 61 2 ' 8 6 O ' 5 6 8 3 Da t e of Bi r t h : 12 - 3 1 -1 9 7 6 BU S I N E S S IN F O R M A T I O N Bu s i n e s s Na m e / O r g a n i z a t i o n : K n i g h t s of Co l u m b u s Co u n c i l 24 0 0 Fa r m i n g t o n Ad d , e s S : 2 2 1 2 0 De n m a r k Av e . Fa r m i n g t o n , MN 55 0 2 4 (S t r e e t ) (C i t y , St a t e , ZI P ) Bu s i n e s s Ph o n e : 65 1 FA X : No n e Em a “ : pa s t o r @ s t . m i c h a e l - l a r m i n g t o n . o r g PR O P O S E D GA M B L I N G EV E N T LO C A T I O N IN F O R M A T I O N Ad d r e s s : 22 1 2 0 De n m a r k Av e . Te l e p h o n e Nu m b e r : FA X : No n e P, 0 p e , , y o w , , e , ; Ch u r c h of St . Mi c h a e l Pr o p e n y o w n e , Ad d r e s s : 22 1 2 0 De n m a r k Av e Fa r m i n g t o n , MN 55 0 2 4 (S t r e e t ) (C i t y , St a t e . ZI P ) 65 1 .4 6 3 . 3 3 6 O Pr o p e r t y Ow n e r Te l e p h o n e Nu m b e r : De s c r i p t i o n of ga m b l i n g ac t i v i t i e s to be co n d u c t e d on pr e m i s e s by or g a n i z a t i o n ; in c l u d i n g da y s & ho u r s : 11 . 1 8 . 2 0 2 3 : "T u r k e y Bi n g o " - Tu r k e y & Ha m Pr i z e s 6: 4 5 p m - 9 p m -3 0 Ga m e s PR O V I D E AL L RE L E V A N T IN F O R M A T I O N SU P P O R I T N G TH E BA S I S FO R EX C L U S I O N OR EX E M P T I O N FR O M LI C E N S E RE Q U I R E M E N T UN D E R ON E OF TH E FO L L O W I N G AP P L I C A B L E SE C T I O N S : Page 19 of 211 Mi n n e s o t a St a t u t e § 34 9 . 1 6 6 , su b d . 1 (a ) : Na m e of fa i r or ci v i c ce l e b r a t i o n . 11 . 1 8 . 2 0 2 3 : "T u r k e y Bi n g o " , 2. 2 4 . 2 0 2 3 : "S p a g h e t t i Bi n g o “ 1 Nu m b e r of co n s e c u t i v e da y s of bi n g o op e r a t i o n : 2 Nu m b e r of bi n g o oc c a s i o n s co n d u c t e d by or g a n i z a t i o n du r i n g th e cu r r e n t ca l e n d a r ye a r : Mi n n e s o t a St a t u t e § 34 9 . 1 6 6 , su b d . 1 (b ) : Va l u e of pr i z e s fo r a si n g l e bi n g o ga m e : $2 0 70 0 Va l u e of to t a l pr i z e s aw a r d e d at a si n g l e bi n g o oc c a s i o n : 3; Nu m b e r of bi n g o oc c a s i o n s he l d by th e or g a n i z a t i o n or at th e fa c i l i t y ea c h we e k : Zx l s a ye a r Pa r t i c i p a n t s al l o w e d to pl a y in a bi n g o ga m e : 20 0 ma x ‘ Na m e an d ad d r e s s of ma n a g e r ap p o i n t e d to su p e r v i s e th e bi n g o an d re g i s t e r e d wi t h th e Ga m b l i n g Co n t r o l Bo a r d : Mi n n e s o t a St a t u t e § 34 9 . 1 6 6 , su b d . 1 (c ) : Va l u e of al l ra f f l e pr i z e s aw a r d e d by th e or g a n i z a t i o n du r i n g ca l e n d a r ye a r : $0 Mi n n e s o t a St a t u t e § 34 9 . 1 6 6 , su b d . 2 (a ) : Nu m b e r of la w f u l ga m b l i n g ev e n t s du r i n g th e ye a r : L_ 2, 0 0 0 Va l u e of pr i z e s fo r la w f u l ga m b l i n g in a ca l e n d a r ye a r : $ 60 4 5 0 5 4 l he r e b y ce r t i f y th a t al l st a t e m e n t s ma d e in th i s ap p l i c a t i o n ar e tr u e an d co m p l e t e to th e be s t of my kn o w l e d g e . I un d e r s t a n d th a t an y mi s s t a t e m e n t s or om i s s i o n s of ma t e r i a l fa c t s ma y re s u l t in th e dl s q u a l i t i c a t i o n or de n i a l of th e li c e n s e . I au t h o r i z e th e Ci t y of Fa r m l n g t o n to in v e s t i g a t e th e in f o r m a t i o n an d co n t a c t pe r s o n s / o r g a n i z a t i o n s na m e d on th i s ap p l i c a t i o n . Th e un d e r s i g n e d ag r e e s th a t th e ga m b l i n g ev e n t wi l l co n f o r m to al l ap p l i c a b l e st a t e la w s , Ga m b l i n g Co n t r o l Bo a r d re g u l a t i o n s , an d or d i n a n c e s of th e Ci t y of Fa r m i n g t o n . Da r i n Th u r e e n Ex e m p t i o n id e n t i f i c a t i o n nu m b e r : Na m e of Ap p l i c a n t (p l e a s e pr i n t ) Si g n a t u r e Da t e 7/ 77 2 : : £3 De p a r t m e n t Si g n a t u r e Da t e Co m m e n t s Po l i c e Z’ Q/ J / @ 0 7 0 / I J (1 / L u / 1 , mt f? 2 § l , u Y l e ( . Ci t y Cl e r k / D e p u t y - e l e D9' ll . 2: ; Ap p l i c a n t wi l l ne e d co p y of pe r m i t an d si g n e d re s o l u t i o n to se n d to th e St a t e of Mi n n e s o t a . Page 20 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, February 24, 2023 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The Knights of Columbus Council 2400 Farmington has applied for a Gambling Event Permit for Spaghetti Bingo on February 24, 2024. DISCUSSION: Per Minnesota Statute 349.166 and pertinent City Code, a gambling event permit must be approved by the City of Farmington for this request. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution No. R64-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Knights of Columbus Council 2400 Farmington, February 24, 2024 ATTACHMENTS: R64-23 Gambling Exempt Permit for Knights of Columbus 02.24.24 Gambling Permit, Knights of Columbus for 02.24.24 Page 21 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R64-23 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPTION PERMIT TO CONDUCT GAMBLING BY THE KNIGHTS OF COLUMBUS COUNCIL 2400 FARMINGTON, FEBRUARY 24, 2024 WHEREAS, the Knights of Columbus Council 2400 Farmington has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct gambling in the form of bingo on February 24, 2024; and WHEREAS, the City of Farmington has no objection to said activity. NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exemption Permit by the Gambling Control Board to the Knights of Columbus Council 2400 Farmington on February 24, 2024, to be conducted at Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 22 of 211 Page 23 of 211 Page 24 of 211 Page 25 of 211 Page 26 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, October 29, 2023 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The Knights of Columbus Council 2400 Farmington is requesting approval of a Temporary On Sale Liquor License for an event on October 29, 2023. DISCUSSION: Per Minnesota Statute, a Temporary On Sale Liquor License must first be approved by the City of Farmington and forwarded to the State for approval at least 30 days prior to the event date. BUDGET IMPACT: The State of Minnesota waives all fees for Tempor ary Liquor Licenses for non-profit organizations and, therefore, the City has not established a fee for this type of license. ACTION REQUESTED: Approve the attached application from the Knights of Columbus Council 2400 Farmington for a Temporary On Sale Liquor License for an event to be held on October 29, 2023, at Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. ATTACHMENTS: Temp Liquor, Knights of Columbus for 10.29.23 Page 27 of 211 Page 28 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, November 18, 2023 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The Knights of Columbus Council 2400 Farmington is requesting approval of a Temporary On Sale Liquor License for an event on November 18, 2023. DISCUSSION: Per Minnesota Statute, a Temporary On Sale Liquor License must first be approved by the City of Farmington and forwarded to the State for approval at least 30 days prior to the event date. BUDGET IMPACT: The State of Minnesota waives all fees for Tempor ary Liquor Licenses for non-profit organizations and, therefore, the City has not established a fee for this type of license. ACTION REQUESTED: Approve the attached application from the Knights of Columbus Council 2400 Farmington for a Temporary On Sale Liquor License for an event to be held on November 18, 2023, at Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. ATTACHMENTS: Temp Liquor, Knights of Columbus for 11.18.23 Page 29 of 211 Page 30 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On Sale Liquor License for Knights of Columbus Council 2400 Farmington, February 24, 2024 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The Knights of Columbus Council 2400 Farmington is requesting approval of a Temporary On Sale Liquor License for an event on February 24, 2024. DISCUSSION: Per Minnesota Statute, a Temporary On Sale Liquor License must first be approved by the City of Farmington and forwarded to the State for approval at least 30 days prior to the event date. BUDGET IMPACT: The State of Minnesota waives all fees for Tempor ary Liquor Licenses for non-profit organizations and, therefore, the City has not established a fee for this type of license. ACTION REQUESTED: Approve the attached application from the Knights of Columbus Council 2400 Farmington for a Temporary On Sale Liquor License for an event to be held on February 24, 2024, at Church of St. Michael, 22120 Denmark Avenue, Farmington, Minnesota. ATTACHMENTS: Temp Liquor, Knights of Columbus for 02.24.24 Page 31 of 211 Page 32 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Leah Koch, City Attorney Department: City Attorney Subject: Amendment to Lease Agreement for Farmington Liquor Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Staff recommends the approval of the attached lease amendment to address common area maintenance reconciliation and insurance issues. DISCUSSION: The City leases retail space for the operation of the Farmington municipal liquor store located at 923 8th Street. The lease agreement allows the landlord to look back and reconcile the prior year’s common area maintenance and insurance costs to each tenan t on a proportional basis this is common practice in the leasing world. City Staff found the reconciliation invoice for 2022 to be abnormally high. Staff began conversations with the landlord to verify the reconciliation amounts and to establish clarity regarding ambiguous insurance obligation language in the original lease. This amendment is to address these concerns moving forward. BUDGET IMPACT: Reconciliation and insurance costs are accounted for in the 2023 budget. ACTION REQUESTED: Approve the First Amendment to Lease Agreement ATTACHMENTS: Legacy Farmington Mall - Farmington Liquors - First Amendment to Lease[42] Page 33 of 211 1 227402v4 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”) dated September 12, 2023 is entered into, by and between LEGACY FARMINGTON MALL LLC, a Minnesota limited liability company (“Landlord”), and CITY OF FARMINGTON, a Minnesota municipal corporation, d/b/a as Farmington Liquors (“Tenant”). RECITALS: WHEREAS, the Tenant and between Farmington Mall, LLC, a Minnesota limited liability company (“Prior Landlord”) entered into a Lease Agreement dated March 15, 2021 (“Lease”) for the lease of certain space within the building located on the property owned by Landlord at 923 8th Street #945, Farmington, MN 55024 (“Property”); WHEREAS, in December 2022, Prior Landlord sold the Property to Landlord and took over the rights and responsibilities of Landlord in the Lease; and WHEREAS, Landlord and Tenant desire to enter into this Amendment to clarify an ambiguity in the Lease regarding the cost of the Landlord’s insurance obligations for the Property. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Landlord and the Tenant agree that the Lease shall be amended in accordance with the terms and conditions set forth below. 1.Modified Sections. a.Section 3.3. Additional Rent. In addition to Base Rent, Tenant shall be responsible for its Proportionate Share of Operating Expenses including but not limited to; common area maintenance (CAM), Landlord’s Insurance as described in Section 10.1.2, Real Estate Taxes, and Special Assessments for the Building, all of which is referred to as “Additional Rent” within the Lease. Gas and electricity serving exclusively the Premises shall be separately metered to the Premises and paid by Tenant directly to each such utility company. 2023 budgeted Operating Expenses and Real Estate Taxes are $3.69 per square foot, estimated at $2,275.50 per month for Tenant. Landlord shall provide Tenant with an annual accounting of the Additional Rent expenses and allocation. b.Section 10.1. Liability Coverage. Section 10.1.1. Tenant Insurance. During the Term, Tenant will carry, at its own expense, public liability insurance, in a form and with a company satisfactory to Landlord, a bodily injury and property damage combined single limit policy of at least $2,000,000. All such insurance policies shall name Landlord and Landlord’s agent as additional insureds and shall contain a provision that the same may not be canceled or materially modified without giving Landlord at least thirty (30) days prior written notice. In addition, such policies or certificates evidencing that such policies are in effect, shall Authentisign ID: 52F61A50-A151-EE11-A3F1-6045BDEF20F8 Page 34 of 211 2 227402v4 be delivered to Landlord at the commencement of the Term and renewals shall be delivered at least ten (10) full days prior to the expiration or cancellation of any such policy. If Tenant fails to comply with its covenant to maintain insurance as provided herein, Landlord may, at its option, cause insurance as aforesaid to be issued and, in such event, Tenant shall pay the premiums for such insurance as Additional Rent hereunder. Section 10.1.2. Landlord Insurance. During the Term, Landlord will carry public liability insurance, in a form and with a company satisfactory to the Tenant, an All Risk form commercial property insurance on the building for their full replacement value, and commercial general liability insurance, occurrence form, and if necessary commercial umbrella or excess insurance with a total limit of not less than $2,000,000 each occurrence. Landlord shall receive at least three bids for all insurance required under this Section. The bids can be gathered via a broker of the Landlord’s choice. The Tenant’s costs related to the Landlord’s Insurance shall not increase more than 5% from year to year. The base year for this calculation shall be 2023 and the cap described above will be applicable in 2024 and subsequent years. 2. Settlement of 2022 CAM Reconciliation. The 2022 common area maintenance and additional rent charges are resolved with a final payment from the Tenant to the Landlord made on August 1, 2023 for an amount of $2,750.00. 3. Effect of Lease. Except as specifically modified or amended by this Amendment, the Landlord and Tenant agree that all of the terms and conditions of the Lease are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. [Remainder of page intentionally left blank. Signature page follows.] Authentisign ID: 52F61A50-A151-EE11-A3F1-6045BDEF20F8 Page 35 of 211 3 227402v4 LANDLORD: Legacy Farmington Mall LLC a Minnesota limited liability company By: Legacy Capital Partners LLC a Minnesota limited liability company Its: Manager By: Ben Kall, Its Co-Managing Member TENANT: CITY OF FARMINGTON By: Joshua Hoyt, Its Mayor And: Shirley R Buecksler, Its City Clerk Authentisign ID: 52F61A50-A151-EE11-A3F1-6045BDEF20F8 Page 36 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Designate Building Official for the City of Farmington Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Minnesota Statutes 326B.133 requires that each municipality shall designate a Building Official to administer the building code. The previous Building Official retired on September 1, 2023. Since then, the City of Farmington and the City of Lakeville have had a Joint Powers Agreement in place for the City of Lakeville to provide Building Official services on a short -term basis. The hiring process has now been completed and the City Council is asked to officially appoint the permanent Building Official. DISCUSSION: The City of Farmington is required to designate a Building Official in order to issue building permits. The City recently completed the hiring process to replace Ken Lewis, who retired on September 1, 2023. Joshua Lawrenz has been hired as Building Officia l. He meets all of the qualifications to serve as the designated Building Official for the City of Farmington, and his start date is September 18, 2023. BUDGET IMPACT: This is a budgeted position. ACTION REQUESTED: Approve and adopt Resolution R61-23 Appointing a Permanent Building Official for the City of Farmington. ATTACHMENTS: R61-23 Appointing Permanent Building Official Page 37 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R61-23 RESOLUTION APPOINTING A PERMANENT BUILDING OFFICIAL FOR THE CITY OF FARMINGTON WHEREAS, Minnesota Statutes, section 326B.133, requires that the City designate a certified building official to administer the application, administration, and enforcement of the state building code; and WHEREAS, after the resignation of Ken Lewis, effective September 1, 2023, City Staff requested short-term building official support from the City of Lakeville until a new building official was selected; and WHEREAS, Lakeville and Farmington entered into a Joint Powers Agreement to facilitate the joint exercise of building official duties in the short-term; and WHEREAS, the City has officially completed the hiring process for a permanent building official to administer the application, administration, and enforcement of the state building code. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Farmington: 1. Joshua Lawrenz is hereby designated as the Building Official for the City of Farmington effective upon the adoption of this resolution. 2. The Mayor, City Administrator, and City Clerk are authorized to execute all documents and complete whatever forms are necessary to complete this designation including notifying the relevant state agencies. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 38 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Ordinance Amendment to Title 10, Chapter 3, Sections 3, 5, & 7 of the City Code: Administrative Requirements for Conditional and Interim Use Permits Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Staff, with the help and direction of legal, is recommending several ordinance amendments to Title 10, Chapter 3, Sections 3, 5, & 7 of the City Code regarding administrative requirements for conditional and interim use permits. DISCUSSION: There are two main components to the proposed ordinance amendment. The first part of the amendment transfers authority from the Planning Commission to the City Council to approve interim use permits. The second part of the amendment adds a 6 -month timeframe before denied conditional or interim use permit applications can be re-applied for. The Planning Commission does not have statutory authority to approve or deny interim use permits, only the City Council can approve them. The existing code currently d elegates the approval of interim use permits to the Planning Commission without needing City Council approval. In order to align with State Statue, the proposed ordinance amendment would transfer this duty from the Planning Commission to the City Council. The Planning Commission would still hold a public hearing and give a recommendation to the City Council. The existing code currently does not have language that specifies a timeframe before denied conditional or interim use permits can be re-applied for. This allows very similar applications to be submitted within consecutive meetings. Staff is recommending adding a 6 -month timeframe to reduce redundancy in repeat applications, save time for Staff and decision makers, and allow the applicant to make significant changes that are needed as a result of the initial denial. The Planning Commission held a public hearing at their September 12th meeting and voted unanimously to recommend the City Council approve the attached ordinance amendment. ACTION REQUESTED: Approve and adopt Ordinance No. 023-776 amending Title 10, Chapter 3, Sections 3, 5, & 7 of the Farmington City Code as it relates to conditional and interim use permit administrative requirements. ATTACHMENTS: Page 39 of 211 023-776 Amending Title 10 Ch 3,5,7 Amendment Changes (for reference only) Page 40 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 023-776 AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTIONS 3, 5, AND 7 OF THE FARMINGTON CITY CODE AS IT RELATES TO ESTABLISHING THE CITY COUNCIL AS THE AUTHORITY TO APPROVE OR DENY INTERIM USE PERMITS AND ESTABLISHING A PERIOD OF TIME BEFORE DENIED CONDITIONAL OR INTERIM USE PERMIT APPLICATIONS CAN BE RE-APPLIED FOR The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 3, Section 3 Subsection (C) of the Farmington City Code is hereby deleted in its entirety. SECTION 2. Title 10, Chapter 3, Section 5 of the Farmington City Code is amended to add a new subsection F to read as follows: 10-3-5: CONDITIONAL USES: (F) Denial of Permit: No application for a conditional use which has been denied wholly or in part by the planning commission or by the city council after an appeal, shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the board of adjustment. SECTION 3. Title 10, Chapter 3, Section 7 of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-3-7: INTERIM USES: (A) Permission And Conditions: The city council, after receiving a recommendation from the board of adjustment planning commission, may grant permission and set conditions for an interim use of property if: 1. The use conforms to the zoning regulations, performance standards and other requirements; 2. The use meets the standards of a conditional use permit set forth in section 10-3-5 of this chapter; 3. The date or event that will terminate the use can be identified with certainty; 4. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 5. The use will be subjected to, by agreement with the owner, any conditions that the city has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit. (B) Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first: 1. The date stated in the permit; or 2. A violation of conditions under which the permit was issued; or Page 41 of 211 Ordinance No. 023-776 Page 2 of 2 3. A change in the city's zoning regulations which renders the use nonconforming as provided in section 10-4-2 of this title; or 4. Redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts. (C) Application, Public Hearing, Notice Procedure: Uses defined as “interim uses” shall be processed according to the standards and procedures those for zoning amendments as provided for in section 10-3-1211 of this chapter. (D) Denial of Permit: No application for an interim use which has been denied wholly or in part by the city council shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the city council. (D) Appeal: Upon appeal of a decision by the board of adjustment, the planning coordinator shall set a public hearing, transmit the application directly to the city council and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall within sixty (60) days of the public hearing, decide to affirm or to overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 002-469, 2-19-2002) SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statues, section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the city council and shall be published in lieu of publishing the entire ordinance: This ordinance amendment includes the following changes: • Transferring authority to approve or deny interim use permits from the planning commission to the city council. The planning commission must provide a recommendation of approval or denial to the city council. • Adding a requirement that denied conditional use permit applications cannot be re-applied for a period of six (6) months after the date of denial by either the board of adjustment or after a denied appeal to the city council. • Adding a requirement that denied interim use permit applications cannot be re-applied for a period of six (6) months after the date of denial by the city council. • Eliminating appeal requirements for interim use permit applications. SECTION 5. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 42 of 211 Deleted text is struck and added text is underlined: 10-3-3: BOARD OF ADJUSTMENT: The planning commission shall act as the zoning board of adjustment with identical composition, membership, officers and terms of office, with the following duties: (A) Hear, review and authorize variances from the requirements of this title and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this title. (B) Hear and review all applications for conditional use permits provided for within this title and grant approval based upon the criteria and provisions listed. (C) Authorize interim use for the purpose of allowing a temporary use of the property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. (C) (D) Hear and review all applications to change lawful nonconforming uses. (D) (E) Submit copies of applications for variances and special exceptions within the floodplain districts to the commissioner of natural resources ten (10) days prior to public hearings and forward copies of all decisions granting variances and special exceptions in these areas to the commissioner of natural resources within ten (10) days of such action. (Ord. 002- 469, 2-19-2002) 10-3-5: CONDITONAL USES: Conditional uses, as specified within each zoning district, may be allowed or denied by the board of adjustment in accordance with the criteria and provisions listed herein. The board of adjustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the objectives elsewhere in this title. (A) Applications for conditional uses shall be filed with the zoning officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the city council. 2. Six (6) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the zoning officer may require. 3. The zoning officer, at his discretion, may require a topographic map of the site and reduced copies of all required material suitable for mailing. 4. An abstractor's certificate of property owner(s) name(s) and address(es) within three hundred fifty feet (350') of the outer boundaries of the property in question. 5. When the applicant is requesting a conditional use under section 10-6-14 of this title, an abstractor's certificate of property owner(s) name(s) and address(es) within a distance of the outer boundaries of the property in question as set by the city council after review of the height of the proposed antenna, the proximity of residential development and any other factors as determined by the city council. (B) The zoning officer shall set a public hearing and forward copies of the application to the board of adjustment. The zoning officer shall also be responsible for notifying the city council when an applicant applies for a conditional use under section 10-6-14 of this title. The city Page 43 of 211 council shall determine the proper distance for notice as determined under section 10-6-14 of this title. The zoning officer shall also be responsible for mailing a notice to property owners within three hundred fifty feet (350') or that distance set by the city council for television and radio antenna of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings. 1. The board of adjustment must take action within sixty (60) days unless the petitioner agrees in writing to a time extension and it may attach such conditions to the approval of any conditional use as may be necessary. 2. The approved site plan and all attached conditions shall be filed by the petitioner with the zoning officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation of this title. (C) A conditional use shall be approved if it is found to meet the following criteria: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. (D) All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this title, the board of adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. 1. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. 3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. 6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. Page 44 of 211 8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water pollution shall be subject to the standards established by the Minnesota pollution control agency. 10. Applications for conditional uses in the floodplain districts shall be accompanied by reports from the city engineer on the following material as supplied by the applicant: (a) Site plans indicating existing and proposed structures, fill, material storage, floodproofing measures and their relationship to the stream channels. (b) Typical valley cross sections through the site, indicating the elevation of land areas adjoining each side of the channel, landform changes proposed on the site together with high water information. (c) Soils maps, topographic maps at a two foot (2') contour interval, vegetative cover plus the location and elevation of streets, water supply and sanitary facilities. (d) Profile showing the slope of the bottom of the stream channel. (e) Specifications for building construction and materials, floodproofing, filling, dredging, grading channel improvement, material storage, water supply and sanitary facilities. (f) Plans showing the floor protection measures to be taken in accordance with this section. (g) An analysis of the above information by a registered professional engineer which includes the following: (1) An estimate of the peak discharge of the regional flood. (2) The water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas. (3) The effect of the proposed encroachment on the stage and velocity during the regional flood event. (E) Prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the zoning officer, an agreement to construct required improvements, to dedicate property or easements, if any, to the city and to comply with conditions as may have been established by the board of adjustment. Such agreement shall be accompanied by surety acceptable to the city administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the board of adjustment. The amount of the surety may be increased or decreased by the zoning officer to reflect inflation, changed conditions, or compliance with permit conditions. (Ord. 002- 469, 2-19-2002) (F) Denial of Permit: No application for a conditional use which has been denied wholly or in part by the planning commission or by the city council after an appeal, shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the board of adjustment. 10-3-7: INTERIM USES: (A) Permission And Conditions: The city council, after receiving a recommendation from the board of adjustment planning commission, may grant permission and set conditions for an interim use of property if: Page 45 of 211 1. The use conforms to the zoning regulations, performance standards and other requirements; 2. The use meets the standards of a conditional use permit set forth in section 10-3-5 of this chapter; 3. The date or event that will terminate the use can be identified with certainty; 4. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 5. The use will be subjected to, by agreement with the owner, any conditions that the city has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit. (B) Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first: 1. The date stated in the permit; or 2. A violation of conditions under which the permit was issued; or 3. A change in the city's zoning regulations which renders the use nonconforming as provided in section 10-4-2 of this title; or 4. Redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts. (C) Application, Public Hearing, Notice Procedure: Uses defined as “interim uses” shall be processed according to the standards and procedures The application, public hearing, and public notice requirements for interim use permits before the board of adjustment shall be the same as those for zoning amendments as provided for in section 10-3-1211 of this chapter. (D) Denial of Permit: No application for an interim use which has been denied wholly or in part by the city council shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the city council. (D) Appeal: Upon appeal of a decision by the board of adjustment, the planning coordinator shall set a public hearing, transmit the application directly to the city council and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall within sixty (60) days of the public hearing, decide to affirm or to overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 002-469, 2-19-2002) Page 46 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Approve Bills Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Attached is the August 30, 2023 – September 11, 2023, City Council check register and recently processed automatic payments for your review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the attached payments. ATTACHMENTS: City Claims Report 09 18 2023 Page 47 of 211 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS 389,432.60$ PROCESSED AUTOMATIC PAYMENTS 1,277,082.15$ GRAND TOTAL 1,666,514.75$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT September 18, 2023 The City Council will receive a list of claims paid (claims detail) and it is available to the public upon request. Page 48 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Approve the appointment of Cindy Muller as a temporary Front Desk employee. DISCUSSION: The military orders for the City's Senior Administrative Support Technician who works at the front desk at city hall have been extended for three months. Cindy Muller has agreed to come out of retirement to fulfill this role from October through December. BUDGET IMPACT: Wages are included in the 2023 budget. ACTION REQUESTED: Approve the appointment of Cindy Muller as a temporary Front Desk employee. Page 49 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Updated Fire Department Job Descriptions Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Approve the updated Fire Department job descriptions. DISCUSSION: City Code 5-1-2 states that the City Council shall determine qualifications, duties and compensation of the Fire Chief and other members of the department. The job descriptions for the paid -on-call fire positions have been recently updated to better align job duties with the department structure. BUDGET IMPACT: N/A ACTION REQUESTED: Approve the updated Fire Department job descriptions. ATTACHMENTS: Paid-on-Call Assistant Fire Chief Paid-on-Call District Fire Chief Pain-on-Call Firefighter-Crew Leader Paid-on Call Fire Lieutenant Page 50 of 211 Assistant Fire Chief SUMMARY OF POSITION Under the direction of the Deputy Fire Chief, the Assistant Chief is responsible for and aids in providing leadership of department staff and helps the Fire Chief define, establish, and attain the overall mission, vision, and goals of the department. Is responsible for recommending hiring, and supervising department staff. Responsible for the management of assigned functions and department programs (SCBA or PPE). Responds to calls for service (emergency and non- emergency) providing command level leadership directing overall strategies and tactics, individually and/or as part of a command team. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Effectively supervises department operations during emergency and non-emergency calls: A. Establishes, maintains, and supervises directly or indirectly small and large numbers of personnel under emergency and non-emergency operations. B. Determines and delegates strategic and tactical assignments as assigned and/or required. C. Makes or supervises command level decisions that can have a profound impact on human life, property, and/or the environment. D. Complies with all orders and instructions as may be issued by superior officers. E. Responsible for knowing streets, addressing, hydrants, buildings, and fire protection systems within the City. F. Assigns duties to crews under their supervision based upon immediate incident objectives. G. Is responsible for the performance and conduct of crews during call response. H. Listens and communicates firefighter input and recommendations to superiors and those in command. I. Recommends appropriate response and use of related equipment. J. Ensures firefighters operate in an efficient, effective, professional, and safe manner at all incident scenes. K. Is responsible for the safety and well-being of all firefighters under their supervision. 2. Completes, reviews, maintains, and assures that the necessary correspondence, reports, records, and other department documentation are thoroughly prepared in an accurate and timely manner. 3. Works with the Fire Chief and Deputy Fire Chief to develop priorities for new and existing activities of the Fire Department: A. Recommends as necessary and implements as directed, short-term and long-term strategic goals and objectives of the department. Taking a leadership role in projects approved by the Fire Chief. B. Evaluates services provided by the department and develops options for improving services or matching services more closely to citizen needs. Recommends optional approaches for improvement. C. Assists with preparation and implementation of department policies, procedures, guidelines, and directives. D. Coordinates and manages projects to ensure efficiency and cost effectiveness. E. Assists with educating others about department services, mission, vision, and goals. Page 51 of 211 F. Seeks to identify common ground among competing interests and facilitates productive working relationships. 4. Assists with department training by participating in and educating firefighters in specialized and technical activities: A. Maintains and expands knowledge and skills in the areas of fire suppression, rescue, emergency medical services (EMS), hazardous materials, and fire prevention; by attending regular and assigned department training sessions. B. Shall avail themselves of advanced and outside training per department policies. C. Participates in the development, and presentation of training topics. D. Identifies and communicates training needs by monitoring firefighter and department performance. 5. Makes recommendations to the Fire Chief and Deputy Fire Chief regarding the organizational structure of the department and recommends hiring of qualified staff: A. Participates in recruitment and retention efforts to ensure the department hires and retains quality personnel. B. Evaluates performance of subordinates and takes appropriate corrective actions to ensure personnel performance meets the mission, vision and goals of the department. C. Serves as a mentor to fire officers and firefighters by being a role model and ensuring the professional development of staff. D. Conducts performance coaching or disciplinary actions as required or necessary. E. Supervises and manages the performance of staff directly and through subordinate officers. F. Ensures that fire officers and firefighters receive proper department counseling on problems and growth. G. Settles all minor disputes and disagreements amongst department staff in a timely, fair, and just manner. 6. Monitors fire incident reporting for accuracy and reposts to the state as required. 7. Responds as on-call duty officer rotation as established by the Fire Chief. 8. Fosters a culture of accountability and safety. 9. Set an example of professionalism on and off duty. 10. Assists the Deputy Chief and Fire Chief, as part of the senior leadership team, with the daily operations of the department. 11. Represents the City in front of the public, media, and government agencies in a manner that conveys a positive image of city government and fosters cooperation and support. 12. Shall report to the Fire Chief all fire officers and firefighters unable to perform their duties. 13. Monitors station and personnel performance and recommends programs and/or policies, procedures, and guidelines to improve efficiency and effectiveness of station operations. 14. Works with all officers to ensure department operations are developed and enforced consistently within and at each station. Supervises and is responsible for the routine maintenance of apparatus, equipment, supplies, and facilities to ensure preparedness for response and operation. Page 52 of 211 15. Responsible for the enforcement of department policies, procedures, guidelines, directives, and/or orders of the department. Remaining cognizant of department policies, procedures, guidelines, and/or directives. 16. Chairs committee assignments, assisting with development, implementation, and evaluation of effective action plans that meet the mission, vision, and goals of the department. 17. Attends and participates in officer meetings, work sessions, training sessions, and other meetings as requested by the Deputy Fire Chief or Fire Chief. 18. Maintains efficient communications with all staff on department-related matters. 19. Keeps the Fire Chief and Deputy Fire Chief informed at all times of important developments which are necessary to carry out the Chief's responsibilities. 20. Enforces security on all information which is not open for communication and is sensitive in nature. 21. Supports, communicates, and enforces the decisions of the Fire Chief. 22. Shall at all times, maintain due regard for the safety and welfare of all firefighters. 23. Maintains Duty Officer response program by insuring on-call shifts are filled. 24. Responsible for OSHA fit testing and compliance of all firefighters. 25. Performs such other duties as are consistent with the tasks of the position and as may be assigned by the City. WORKING CONDITIONS The work environment characteristics described here are representative of those a firefighter encounters while performing the essential functions of this job. While performing the duties of this job, the firefighter regularly works in outside weather conditions. The firefighter occasionally works near moving mechanical parts and in high, precarious places or confined spaces, and is occasionally exposed to blood borne pathogens, wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. The noise level in the work environment is usually moderate, except during certain firefighting or rescue activities when noise levels may be loud. The Firefighter may be required to: spend excessive time outside exposed to the elements; tolerate extreme fluctuations in temperature while performing firefighting duties; perform physically demanding work in excessively hot, humid atmospheres while wearing equipment that significantly impairs body- cooling mechanisms; experience frequent transition from hot to cold and from humid to dry atmospheres; work in wet, icy, muddy areas, and uneven terrain; perform a variety of tasks on slippery, hazardous surfaces such as on roof tops or from ladders; work in areas where sustaining traumatic or thermal injuries is possible; face exposure to smoke, noise and/or vibration exceeding 80 decibels (constant or intermittent) which may cause marked distraction or possible hearing loss, carcinogenic dusts such as asbestos, toxic substances such as hydrogen cyanide, corrosives, carbon monoxide, or organic solvents either through inhalation or skin contact; face exposure to infectious biological agents such as Hepatitis B or HIV; wear personal protective equipment that weighs approximately 50 pounds while performing firefighting tasks; perform physically demanding work while wearing positive pressure breathing Page 53 of 211 equipment with resistance to exhalation and a flow rate specified by current SCBA manufacture; perform complex tasks during life-threatening emergencies; work for long periods of time, requiring sustained physical activity and intense concentration; make decisions that could have life or death consequences for firefighters and civilians under difficult and stressful conditions with limited information during emergency conditions; be exposed to grotesque sights and smells associated with major trauma and burn victims; make rapid transitions from rest to near maximal exertion without warm-up periods; operate in environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces; use manual and power tools in the performance of duties; rely on senses of sight, hearing, smell, and touch to help determine the nature of the emergency, maintain personal safety, and make critical decisions in a confused, chaotic, and potentially life-threatening environment through-out the duration of operation; encounter smoke filled environments, and a variety of physical hazards, damaged structures, moving mechanical equipment, electrical equipment, radiant energy, and possible exposure to explosives; meet the physical requirements outlined in NFPA 1582 (Medical requirements for fire fighters); and perform the tasks outlined in NFPA 1001 (Fire fighter professional qualifications). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. PHYSICAL DEMANDS Positions in this class typically require climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Heavy Work: Exerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 20 pounds of forces constantly to move objects. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, biohazardous materials, oils, extreme temperatures, inadequate lighting, workspace restrictions, intense noises and travel. KNOWLEDGE, SKILLS, AND ABLITIES 1. Working knowledge of modern fire suppression, rescue, EMS, hazardous materials incident mitigation, fire prevention, inspections, and public education principles, procedures, techniques, and equipment. 2. Working knowledge of applicable laws, ordinances, departmental policies, procedures, guidelines, and/or directives. 3. Ability to exercise sound judgment in evaluating situations and in making decisions. 4. Ability to train and supervise. 5. Supervision/management and staff development including the effective delegation of tasks and the ability to effectively manage performance. 6. Proven ability to communicate effectively both orally and in written format. 7. Ability to establish and maintain effective working relationships with department personnel, City staff, outside organizations, supervisors, and the public. 8. Ability to maintain strict confidentiality. Page 54 of 211 QUALIFICATIONS Minimum Education/Experience Requirements: • Must be a member of the Farmington Fire Department meeting, maintaining, and fulfilling all minimum qualifications of Firefighter. • Five (5) years active service with the Farmington Fire Department. • Certified “Firefighter 2” by the Minnesota Fire Service Certification Board (MFSCB). • Certified “NFPA 472 Haz-Mat Ops” or “NFPA 1072 Haz-Mat Ops” by the MFSCB • Certified “Fire Instructor 1” or “Fire and Emergency Services Instructor I” by the MFSCB. • Certified “Fire Officer 2” by the MFSCB. • Certified “Fire Apparatus Operator” by the MFSCB • Completion of “Incident Commander” by the Blue Card Command training or equivalent • Completion of FEMA / NIMS ICS-100, ICS-200, ICS-300, ICS 400, IS-700 and IS-800. • Completion of an Incident Safety Officer training program or course. • Completion of Building Construction for the fire service. • Completion of Strategies & Tactics for Initial Company Operations (NFA) • Completion of Preparation for Initial Company Operations (NFA) • Completion of Decision Making for Initial Company Operations Preferred Qualifications: • Completion of National Fire Academy Leadership courses. • Certified “Fire Investigator” by the MFSCB • Certified “Fire Inspector” by the MFSCB • Associate degree Fire Science or EMS • National Registry Emergency Medical Technician Page 55 of 211 District Fire Chief SUMMARY OF POSITION Under the direction of the Assistant Fire Chief, the District Chief is responsible for and aids in providing leadership of department staff and helps the Fire Chief define, establish, and attain the overall mission, vision, and goals of the department. Is responsible for recommending hiring, and supervising department staff. Responsible for the management of assigned functions and department programs (SCBA or PPE). Responds to calls for service (emergency and non- emergency) providing command level leadership directing overall strategies and tactics, individually and/or as part of a command team. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Effectively supervises department operations during emergency and non-emergency calls: a. Establishes, maintains, and supervises directly or indirectly small and large numbers of personnel under emergency and non-emergency operations. b. Determines and delegates strategic and tactical assignments as assigned and/or required. c. Makes or supervises command level decisions that can have a profound impact on human life, property, and/or the environment. d. Complies with all orders and instructions as may be issued by superior officers. e. Responsible for knowing streets, addressing, hydrants, buildings, and fire protection systems within the City. f. Assigns duties to crews under their supervision based upon immediate incident objectives. g. Is responsible for the performance and conduct of crews during call response. h. Listens and communicates firefighter input and recommendations to superiors and those in command. i. Recommends appropriate response and use of related equipment. j. Ensures firefighters operate in an efficient, effective, professional, and safe manner at all incident scenes. k. Is responsible for the safety and well-being of all firefighters under their supervision. 2. Completes, reviews, maintains, and assures that the necessary correspondence, reports, records, and other department documentation are thoroughly prepared in an accurate and timely manner. 3. Assists with department training by participating in and educating firefighters in specialized and technical activities: a. Maintains and expands knowledge and skills in the areas of fire suppression, rescue, emergency medical services (EMS), hazardous materials, and fire prevention; by attending regular and assigned department training sessions. b. Shall avail themselves of advanced and outside training per department policies. c. Participates in the development, and presentation of training topics. d. Identifies and communicates training needs by monitoring firefighter and department performance. 4. Makes recommendations to the Assistant Fire Chief regarding the organizational structure of the department and recommends hiring of qualified staff: a. Participates in recruitment and retention efforts to ensure the department hires and retains quality personnel. Page 56 of 211 b. Evaluates performance of subordinates and takes appropriate corrective actions to ensure personnel performance meets the mission, vision and goals of the department. c. Serves as a mentor to fire officers and firefighters by being a role model and ensuring the professional development of staff. d. Conducts performance coaching or disciplinary actions as required or necessary. e. Supervises and manages the performance of staff directly and through subordinate officers. f. Ensures that fire officers and firefighters receive proper department counseling on problems and growth. g. Settles all minor disputes and disagreements amongst department staff in a timely, fair, and just manner. 5. Responds as on-call duty officer rotation as established by the Fire Chief. 6. Fosters a culture of accountability and safety. 7. Set an example of professionalism on and off duty. 8. Represents the City in front of the public, media, and government agencies in a manner that conveys a positive image of city government and fosters cooperation and support. 9. Shall report to the Fire Chief all fire officers and firefighters unable to perform their duties. 10. Monitors station and personnel performance and recommends programs and/or policies, procedures, and guidelines to improve efficiency and effectiveness of station operations. 11. Works with station officers to ensure department operations are developed and enforced consistently within and at each station. Supervises and is responsible for the routine maintenance of apparatus, equipment, supplies, and facilities to ensure preparedness for response and operation. 12. Responsible for the enforcement of department policies, procedures, guidelines, directives, and/or orders of the department. Remaining cognizant of department policies, procedures, guidelines, and/or directives. 13. Chairs committee assignments, assisting with development, implementation, and evaluation of effective action plans that meet the mission, vision, and goals of the department. 14. Attends and participates in officer meetings, work sessions, training sessions, and other meetings as requested by the Deputy Fire Chief or Fire Chief. 15. Maintains efficient communications with all staff on department-related matters. 16. Keeps the Assistant Fire Chief informed at all times of important developments which are necessary to carry out the Chief's responsibilities. 17. Enforces security on all information which is not open for communication and is sensitive in nature. 18. Supports, communicates, and enforces the decisions of the Fire Chief. 19. Shall at all times, maintain due regard for the safety and welfare of all firefighters. 20. Performs such other duties as are consistent with the tasks of the position and as may be assigned by the City. Page 57 of 211 WORKING CONDITIONS The work environment characteristics described here are representative of those a firefighter encounters while performing the essential functions of this job. While performing the duties of this job, the firefighter regularly works in outside weather conditions. The firefighter occasionally works near moving mechanical parts and in high, precarious places or confined spaces, and is occasionally exposed to blood borne pathogens, wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. The noise level in the work environment is usually moderate, except during certain firefighting or rescue activities when noise levels may be loud. The Firefighter may be required to: spend excessive time outside exposed to the elements; tolerate extreme fluctuations in temperature while performing firefighting duties; perform physically demanding work in excessively hot, humid atmospheres while wearing equipment that significantly impairs body- cooling mechanisms; experience frequent transition from hot to cold and from humid to dry atmospheres; work in wet, icy, muddy areas, and uneven terrain; perform a variety of tasks on slippery, hazardous surfaces such as on roof tops or from ladders; work in areas where sustaining traumatic or thermal injuries is possible; face exposure to smoke, noise and/or vibration exceeding 80 decibels (constant or intermittent) which may cause marked distraction or possible hearing loss, carcinogenic dusts such as asbestos, toxic substances such as hydrogen cyanide, corrosives, carbon monoxide, or organic solvents either through inhalation or skin contact; face exposure to infectious biological agents such as Hepatitis B or HIV; wear personal protective equipment that weighs approximately 50 pounds while performing firefighting tasks; perform physically demanding work while wearing positive pressure breathing equipment with resistance to exhalation and a flow rate specified by current SCBA manufacture; perform complex tasks during life-threatening emergencies; work for long periods of time, requiring sustained physical activity and intense concentration; make decisions that could have life or death consequences for firefighters and civilians under difficult and stressful conditions with limited information during emergency conditions; be exposed to grotesque sights and smells associated with major trauma and burn victims; make rapid transitions from rest to near maximal exertion without warm-up periods; operate in environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces; use manual and power tools in the performance of duties; rely on senses of sight, hearing, smell, and touch to help determine the nature of the emergency, maintain personal safety, and make critical decisions in a confused, chaotic, and potentially life-threatening environment through-out the duration of operation; encounter smoke filled environments, and a variety of physical hazards, damaged structures, moving mechanical equipment, electrical equipment, radiant energy, and possible exposure to explosives; meet the physical requirements outlined in NFPA 1582 (Medical requirements for fire fighters); and perform the tasks outlined in NFPA 1001 (Fire fighter professional qualifications). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. Page 58 of 211 PHYSICAL DEMANDS Positions in this class typically require climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Heavy Work: Exerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 20 pounds of forces constantly to move objects. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, biohazardous materials, oils, extreme temperatures, inadequate lighting, workspace restrictions, intense noises and travel. KNOWLEDGE, SKILLS, AND ABLITIES Working knowledge of modern fire suppression, rescue, EMS, hazardous materials incident mitigation, fire prevention, inspections, and public education principles, procedures, techniques, and equipment. Working knowledge of applicable laws, ordinances, departmental policies, procedures, guidelines, and/or directives. Ability to exercise sound judgment in evaluating situations and in making decisions. Ability to train and supervise. Supervision/management and staff development including the effective delegation of tasks and the ability to effectively manage performance. Proven ability to communicate effectively both orally and in written format. Ability to establish and maintain effective working relationships with department personnel, City staff, outside organizations, supervisors, and the public. Ability to maintain strict confidentiality. QUALIFICATIONS Minimum Education/Experience Requirements: • Must be a member of the Farmington Fire Department meeting, maintaining, and fulfilling all minimum qualifications of Firefighter. • Five (3) years active service with the Farmington Fire Department. • Certified “Firefighter 2” by the Minnesota Fire Service Certification Board (MFSCB). • Certified “NFPA 472 Haz-Mat Ops” or “NFPA 1072 Haz-Mat Ops” by the MFSCB • Certified “Fire Instructor 1” or “Fire and Emergency Services Instructor I” by the MFSCB. • Certified “Fire Officer 2” by the MFSCB. • Certified “Fire Apparatus Operator” by the MFSCB • Completion of “Incident Commander” by the Blue Card Command training or equivalent • Completion of FEMA / NIMS ICS-100, ICS-200, ICS-300, ICS 400, IS-700 and IS-800. • Completion of an Incident Safety Officer training program or course. • Completion of Building Construction for the fire service. • Completion of Strategies & Tactics for Initial Company Operations (NFA) • Completion of Preparation for Initial Company Operations (NFA) • Completion of Decision Making for Initial Company Operations Page 59 of 211 Preferred Qualifications: • Completion of National Fire Academy Leadership courses. • Certified “Fire Investigator” by the MFSCB • Certified “Fire Inspector” by the MFSCB • Associate degree Fire Science or EMS • National Registry Emergency Medical Technician Page 60 of 211 Firefighter/Crew Leader SUMMARY OF POSITION Firefighters/Crew Leaders have the responsibility of protecting life and property by performing fire suppression, rescue, emergency medical services (EMS), hazardous materials incident mitigation, fire prevention, inspections, and public education. Maintains fire equipment, apparatus, fire station facilities, and other duties as required. Works as a member of a team to ensure the overall goals and objectives of the Fire Department are met. This position reports to shift Lieutenant. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Performs firefighting activities including driving fire apparatus, operating pumps and related equipment, laying hose and performing fire suppression, containment, ventilation, salvage and overhaul, and extinguishment tasks. 2. Performs emergency medical services and rescue activities including administering first aid and CPR, operating EMS equipment such as monitor/defibrillator, portable suction units, etc., performing extrication and providing other assistance as required. 3. Performs fire prevention activities including public safety education, fire code and life safety code inspections of buildings and businesses within the City and fire investigations to determine origin and cause of fire situations as assigned. 4. Responds to and assists in all emergency situations when available, including but not limited to: rescuing persons, properties and premises; evacuating, securing and coordinating emergency scenes; operating equipment in an efficient and safe manner; and assisting other emergency agencies in the performance of their duties. 5. On occasion, may be assigned or responsible for administrative responsibilities, to include completion of incident response reports. 6. May take a limited leadership role during calls for service providing direction to less experienced firefighting personnel, as assigned by a supervisor or in the absence of a supervisor. 7. Must be able to accept authority and work as a team member under stress caused by emergencies, danger, or criticism, and must be able to work fast while concentrating very hard. 8. Maintains and expands knowledge and skills in the areas of fire suppression, rescue, EMS, hazardous materials mitigation, and fire prevention; by attending regular and assigned department training sessions, shall also avail themselves of advanced and outside training per department policies. 9. Makes suggestions to supervisors regarding the organization structure, operations, equipment used, and may participate on committees from time to time to evaluate department needs. 10. Serves as a representative of the City, performing duties in a courteous and professional manner that conveys a positive image of city government and that fosters cooperation and support. 11. Performs such other duties as are consistent with the tasks of the position and as may be assigned by the City. 12. Fosters a culture of accountability and safety. 13. Set an example of professionalism on and off duty. WORKING CONDITIONS The work environment characteristics described here are representative of those a firefighter encounters while performing the essential functions of this job. While performing the duties of this job, the firefighter regularly works in Page 61 of 211 outside weather conditions. The firefighter occasionally works near moving mechanical parts and in high, precarious places or confined spaces, and is occasionally exposed to blood borne pathogens, wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. The noise level in the work environment is usually moderate, except during certain firefighting or rescue activities when noise levels may be loud. The Firefighter may be required to: spend excessive time outside exposed to the elements; tolerate extreme fluctuations in temperature while performing firefighting duties; perform physically demanding work in excessively hot, humid atmospheres while wearing equipment that significantly impairs body-cooling mechanisms; experience frequent transition from hot to cold and from humid to dry atmospheres; work in wet, icy, muddy areas, and uneven terrain; perform a variety of tasks on slippery, hazardous surfaces such as on roof tops or from ladders; work in areas where sustaining traumatic or thermal injuries is possible; face exposure to smoke, noise and/or vibration exceeding 80 decibels (constant or intermittent) which may cause marked distraction or possible hearing loss, carcinogenic dusts such as asbestos, toxic substances such as hydrogen cyanide, corrosives, carbon monoxide, or organic solvents either through inhalation or skin contact; face exposure to infectious biological agents such as Hepatitis B or HIV; wear personal protective equipment that weighs approximately 50 pounds while performing firefighting tasks; perform physically demanding work while wearing positive pressure breathing equipment with resistance to exhalation and a flow rate specified by current SCBA manufacture; perform complex tasks during life-threatening emergencies; work for long periods of time, requiring sustained physical activity and intense concentration; make decisions that could have life or death consequences for firefighters and civilians under difficult and stressful conditions with limited information during emergency conditions; be exposed to grotesque sights and smells associated with major trauma and burn victims; make rapid transitions from rest to near maximal exertion without warm-up periods; operate in environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces; use manual and power tools in the performance of duties; rely on senses of sight, hearing, smell, and touch to help determine the nature of the emergency, maintain personal safety, and make critical decisions in a confused, chaotic, and potentially life-threatening environment through-out the duration of operation; encounter smoke filled environments, and a variety of physical hazards, damaged structures, moving mechanical equipment, electrical equipment, radiant energy, and possible exposure to explosives; meet the physical requirements outlined in NFPA 1582 (Medical requirements for fire fighters); and perform the tasks outlined in NFPA 1001 (Fire fighter professional qualifications). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. PHYSICAL DEMANDS Positions in this class typically require climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Heavy Work: Exerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 20 pounds of forces constantly to move objects. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, biohazardous materials, oils, extreme temperatures, inadequate lighting, workspace restrictions, intense noises and travel. KNOWLEDGE, SKILLS, AND ABLITIES 1. Mathematical Ability: Must be able to perform routine mathematical calculations: multiply, divide, use fractions and read graphs. 2. Language Ability: Must be capable of reading fire protection textbooks, writing reports with proper grammar and otherwise communicating in writing, using the English language. Must be able to verbally communicate using the English language in an effective, tactful manner. 3. Reasoning Ability: Must be able to interpret instructions and use logic to solve concrete problems. 4. Respirator Use: Capable of wearing respirators (self-contained breathing apparatus {“SCBA”} and N95). Page 62 of 211 QUALIFICATIONS Minimum Education/Experience Requirements: • Must be a minimum of 18 years of age. • High school graduate or equivalent. • Must possess a valid Minnesota driver’s license without restricted driving privileges. • Must live within 10 minutes of a Farmington Fire Station as determined by department policy by date of hire. • Ability to complete training and possess “Firefighter 2” certification from the Minnesota Fire Service Certification Board within one year of hire date. • Ability to complete training and possess “Emergency Medical Responder” or higher license from the Minnesota Emergency Medical Services Regulatory Board within one year of hire date. • Ability to complete Hazardous Materials Operations training. • Ability to complete FEMA NIMS IS-100, IS-200, and IS-700. • Has the ability to regularly respond to emergency calls within established department policies. • Ability to complete “Fire Apparatus Operator” training within three years of hire. • Must successfully pass City administered initial and periodic tests, which may include physical agility test, physical examination (medical), stress test, drug screen, and pulmonary function test. Crew Leader Requirements: • Ability to complete training and possess “Fire Instructor I” certification from the Minnesota Fire Service Certification • Ability to complete training and possess “Fire Officer I” certification from the Minnesota Fire Service Certification • Completion of an Incident Safety Officer training course. • Completion of “Incident Commander” by the Blue Card Command training or equivalent Preferred Qualifications: • An associate degree in public safety or Related Field; Fire Apparatus Operator, Hazardous Materials Technician, Public Fire Safety Education, Fire Investigations, and Basic Fire Inspectors Courses are all desirable qualifications. Page 63 of 211 Fire Lieutenant SUMMARY OF POSITION Under the direction of a District Chiefs, the Lieutenant is responsible for the supervision of firefighters. The Lieutenant receives direction from the District Chief of their Station, and Chief Officers, assisting in conducting training and coaching of firefighters. On an emergency scene, the Lieutenant leads a crew of firefighters, and may assume command until relieved by an officer of higher rank. The Lieutenant works to constantly improve their station’s conduct, morale, and attendance while striving to meet the mission, vision, and goals/objectives of the department. ESSENTIAL DUTIES AND RESPONSIBILITIES 1. Effectively supervises firefighters during emergency and non-emergency calls: A. Serves as a working supervisor or fire ground commander. B. Completes tactical assignments as assigned and/or required. C. Directs routes to be taken and placement of apparatus while responding to calls. D. Complies with all orders and instructions as may be issued by superior officers. E. Responsible for knowing streets, addressing, hydrants, buildings, and fire protection systems within the City and more specifically their station’s district. F. Assigns duties to firefighters under their supervision based upon immediate incident objectives. G. Is responsible for the performance and conduct of their crew. H. Listens and communicates firefighter input and recommendations to superiors and those in command. I. Recommends appropriate response and use of related equipment. J. Ensures firefighters operate in an efficient, effective, professional, and safe manner at all incident scenes. K. Is responsible for the safety and well-being of all firefighters under their supervision. 2. Assures that necessary records are accurately kept and submitted: A. Completes incident response reports and other related reports as required. B. Maintains appropriate records and prepares reports as assigned in a thorough and timely manner. C. Maintains frequent contact with personnel assigned to their station. More specifically those identified as direct reports in the department’s organizational chart. 3. Assists with department training by participating in and educating firefighters in specialized and technical activities: A. Keeps themselves and others under their supervision informed on matters relating to the operation of equipment and apparatus. B. Actively participates in training sessions relating to fire, rescue, and Emergency Medical Services (EMS) topics. C. Participates in the scheduling, development, and presentation of training topics. D. Assures that training is carried out on prescribed drills and training sessions. E. Identifies and communicates training needs by monitoring firefighter and department performance. F. In conjunction with the Deputy Chief, coordinates efforts of officers and firefighters with the design and implementation of training programs. Page 64 of 211 4. Reports to and assists the Station Chief on all matters pertaining to firefighter performance, mentoring, and development: A. Assists the Chief Officers in the orientation of new firefighters to the stations, its personnel, apparatus, equipment and operation. B. Aids in and conducts performance coaching or disciplinary actions as required or necessary. C. Assists the Chief Officers ensuring that firefighters receive proper department counseling on problems and growth. D. Recommends and implements short-term and long-term strategic goals and objectives for station operations. E. Monitors station and personnel performance and recommends programs and/or policies to improve efficiency and effectiveness of station operations. F. Serves as a mentor to firefighters by being a role model and ensuring the professional development of firefighters. G. Participates in recruitment and retention efforts to ensure the department hires and retains quality personnel. H. Works with all officers to ensure station operations are developed and enforced consistently within and at each station. I. Performs functions of the District Chief in their absence. 5. Responds as on-call duty officer rotation as established by the Fire Chief. 6. Shall report to the Fire Chief all fire officers and firefighters unable to perform their duties. 7. Settles all minor disputes and disagreements amongst firefighters in a timely, fair, and just manner. 8. Responsible for the enforcement of department policies, procedures, guidelines, directives, and/or orders of the department. Remaining cognizant of department policies, procedures, guidelines, and/or directives. 9. Provides representation on committee assignments, assisting with development, implementation, and evaluation of effective action plans that meet the mission, vision, and goals/objectives of the department. 10. Assures that apparatus and equipment are serviced and/or inspected on a regular basis and ready for use. 11. Attends and participates in officer meetings, work sessions, training sessions, and other meetings as required. 12. Maintains efficient communications with all firefighters on department-related matters. 13. Enforces security on all information which is not open for communication and is sensitive in nature. 14. Supports, communicates, and enforces the decisions of the Fire Chief. 15. Shall at all times, maintain due regard for the safety and welfare of all firefighters of the department. 16. Performs such other duties as are consistent with the tasks of the position and as may be assigned by the City. Page 65 of 211 17. Fosters a culture of accountability and safety. 18. Set an example of professionalism on and off duty. WORKING CONDITIONS The work environment characteristics described here are representative of those a firefighter encounters while performing the essential functions of this job. While performing the duties of this job, the firefighter regularly works in outside weather conditions. The firefighter occasionally works near moving mechanical parts and in high, precarious places or confined spaces, and is occasionally exposed to blood borne pathogens, wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock and vibration. The noise level in the work environment is usually moderate, except during certain firefighting or rescue activities when noise levels may be loud. The Firefighter may be required to: spend excessive time outside exposed to the elements; tolerate extreme fluctuations in temperature while performing firefighting duties; perform physically demanding work in excessively hot, humid atmospheres while wearing equipment that significantly impairs body- cooling mechanisms; experience frequent transition from hot to cold and from humid to dry atmospheres; work in wet, icy, muddy areas, and uneven terrain; perform a variety of tasks on slippery, hazardous surfaces such as on roof tops or from ladders; work in areas where sustaining traumatic or thermal injuries is possible; face exposure to smoke, noise and/or vibration exceeding 80 decibels (constant or intermittent) which may cause marked distraction or possible hearing loss, carcinogenic dusts such as asbestos, toxic substances such as hydrogen cyanide, corrosives, carbon monoxide, or organic solvents either through inhalation or skin contact; face exposure to infectious biological agents such as Hepatitis B or HIV; wear personal protective equipment that weighs approximately 50 pounds while performing firefighting tasks; perform physically demanding work while wearing positive pressure breathing equipment with resistance to exhalation and a flow rate specified by current SCBA manufacture; perform complex tasks during life-threatening emergencies; work for long periods of time, requiring sustained physical activity and intense concentration; make decisions that could have life or death consequences for firefighters and civilians under difficult and stressful conditions with limited information during emergency conditions; be exposed to grotesque sights and smells associated with major trauma and burn victims; make rapid transitions from rest to near maximal exertion without warm-up periods; operate in environments of high noise, poor visibility, limited mobility, at heights, and in enclosed or confined spaces; use manual and power tools in the performance of duties; rely on senses of sight, hearing, smell, and touch to help determine the nature of the emergency, maintain personal safety, and make critical decisions in a confused, chaotic, and potentially life-threatening environment through-out the duration of operation; encounter smoke filled environments, and a variety of physical hazards, damaged structures, moving mechanical equipment, electrical equipment, radiant energy, and possible exposure to explosives; meet the physical requirements outlined in NFPA 1582 (Medical requirements for fire fighters); and perform the tasks outlined in NFPA 1001 (Fire fighter professional qualifications). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. PHYSICAL DEMANDS Positions in this class typically require climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Page 66 of 211 Heavy Work: Exerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 20 pounds of forces constantly to move objects. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, biohazardous materials, oils, extreme temperatures, inadequate lighting, workspace restrictions, intense noises and travel. KNOWLEDGE, SKILLS, AND ABLITIES 1. Working knowledge of modern fire suppression, rescue, EMS, hazardous materials incident mitigation, fire prevention, inspections, and public education principles, procedures, techniques, and equipment. 2. Working knowledge of applicable laws, ordinances, departmental policies, procedures, guidelines, and/or directives. 3. Ability to exercise sound judgment in evaluating situations and in making decisions. 4. Ability to train and supervise. 5. Proven ability to communicate effectively both orally and in written format. 6. Ability to establish and maintain effective working relationships with other fire department personnel, City staff, outside organizations, supervisors, and the public. QUALIFICATIONS Minimum Education/Experience Requirements: Must be a member of the Farmington Fire Department meeting, maintaining, and fulfilling all minimum qualifications of Firefighter. • Certified “Firefighter 2” by the Minnesota Fire Service Certification Board (MFSCB). • Certified “NFPA 472 Haz-Mat Ops” or “NFPA 1072 Haz-Mat Ops” by the MFSCB • Certified “Fire Apparatus Operator” by the MFSCB • Certified “Fire Instructor 1” or “Fire and Emergency Services Instructor I” certification • Certified “Fire Officer 1” by the Minnesota Fire Service Certification Board (MFSCB). • Completion of FEMA / NIMS IS-100, IS-200 and IS-700. • Completion of an Incident Safety Officer training course. Preferred Qualifications: • Certified “Fire Officer 2” by the Minnesota Fire Service Certification Board (MFSCB). • Certified “Fire Instructor 2” by the Minnesota Fire Service Certification Board (MFSCB). • NFPA 1403: Live Fire Instructor • National Registry Emergency Medical Technician • Completion of National Fire Academy Leadership courses. • Fire Inspector • Fire Investigator • National Registry Emergency Medical Technician Page 67 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Peter Gilbertson, IT Director Department: IT Subject: City of Farmington Website Migration to New Provider CivicPlus Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The City's IT and Communications department proposes the City of Farmington migrate from CivicLive to CivicPlus for web hosting provider services. DISCUSSION: Over the past few years, the City has made great strides in enhancing its digital footprint, but it is clear that there is an opportunity to take our efforts to the next level. City Staff would like to migrate from CivicLive to CivicPlus as our web hosting provider, embarking on a complete website redesign to adopt a mobile-first approach. This migration will enable us to elevate our City's website, enhance user experience, and effectively communicate our story to the community. We received 4 quotes/demos from vendors, and it was decided between City Staff that CivicPlus provided the best fit for our use case. Current Challenges with CivicLive: • Outdated Technology: CivicLive has served us well, but its technology has become outdated. This hampers our ability to implement modern design trends and advanced functionality. In addition, they have been plagued with outages and issues pertaining to our site and platform. • Limited Mobile Optimization: With an increasing number of users accessing websites on mobile devices, our current site's mobile responsiveness is subpar. This can lead to a negative user experience and may deter mobile users from exploring our site fully. • Competitive Disadvantage: Many cities are investing in their digital presence. To stand out and effectively communicate our city's unique identity and offerings, we need a website that is not only functional but also visually appealing and user-friendly. Advantages of Migrating to CivicPlus and Redesigning: • Modern Web Technology: CivicPlus offers state-of-the-art web hosting technology, ensuring that our website is secure, reliable, and scalable. This foundation will support future growth and innovation. • Mobile-First Design: CivicPlus places a strong emphasis on mobile-first design principles. A responsive website will provide an optimal experience for users on various devices, which is crucial, given the growing number of mobile users. Page 68 of 211 • Enhanced User Experience: A redesigned website will streamline navigation, improve content organization, and make information more accessible. Users will find it easier to engage with our City online, leading to increased satisfaction and engagement. • Differentiation: A modern, visually appealing website will help our city stand out among others. It will reinforce our identity, showcasing what makes our city unique and inviting for residents, visitors, and potential investors. • Storytelling: The new website will provide a platform for effective storytelling. We can share our city's history, culture, achievements, and future plans through engaging multimedia content, thereby fostering a sense of community and pride. • Google Analytics: City Staff will be able to cancel our third-party analytics subscription and leverage their included Google Analytics platform. Which provides quarterly reviews with CivicPlus staff. Examples of local CivicPlus websites: • Apple Valley, MN - Official Website | Official Website (apple-valley.mn.us) • Rosemount, MN - Official Website | Official Website (rosemountmn.gov) • Lakeville, MN | Official Website (lakevillemn.gov) Contract Highlights: As stewards of taxpayer dollars, it is important that we spen d them wisely. IT Staff was able to negotiate the contract to better terms. It is worth noting these are tied to a signature before September 30th, as CivicPlus was open to these changes due to their sales end of quarter. These items were: • 3% increase cap per year (was 5%) • 50/50 Billing Terms (was 100% upfront) • Additional discount for end of quarter ($6,695.5 in savings) Implementation: There will be an overlap with providers, as it will take up to 6-7 months for the migration. Our current host is paid through August of '24. This gives City Staff time to work with CivicPlus developers to create and implement the new site. BUDGET IMPACT: CivicPlus Total Cost Year 1: $24,713.50 Funding: • 2024 IT Budget: $10,000 • ARPA Funds: $14,713.50 Payments: • 50% invoiced on the signature date • 50% invoiced in 6 months or completion of implementation. Recurring cost starting year 2: $8,522 CivicLive Page 69 of 211 Current costs: These would go away after migration. • CivicLive(current host): $3000 • SiteImprove Analytics: $6500 ACTION REQUESTED: City Staff request Mayor and Council review and sign the attached contract. ATTACHMENTS: MN - Farmington - Web Premium - Pricing - 9142023 Page 70 of 211 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Statement of Work Quote #:Q-49726-1 Date:9/7/2023 3:48 PM Expires On:9/30/2023 Client: FARMINGTON, MINNESOTA Bill To: FARMINGTON, MINNESOTA SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Hector Ortega hector.ortega@civicplus.com Net 30 QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable 1.00 Hosting & Security Annual Fee - CivicEngage Central Hosting & Security Annual Fee - CivicEngage Central Renewable 1.00 SSL Management – CP Provided Only SSL Management – CP Provided Only 1 per domain (Annually Renews) Renewable 1.00 DNS Hosting for .GOV – Annual Fee DNS Hosting for .GOV – Annual Fee: https:// www.farmingtonmn.gov Renewable 1.00 Premium Implementation - CivicEngage Premium Implementation One-time 1.00 48 Month Redesign Premium Annual - CivicEngage Central 48 Month Redesign Premium Annual - CivicEngage Central Renewable 150.00 Content Development - 1 Page - CivicEngage Content Development - 1 Page - CivicEngage One-time 6.00 New Customer System Training (3h, virtual) - Web Central CivicEngage System Training - Virtual, Up to 3 Hours, up to 12 Attendees One-time 1.00 CivicEngage Year 1 Annual Fee Discount Year 1 Annual Fee Discount Renewable List Price - Year 1 Total USD 31,409.00 Total Investment - Initial Term USD 24,713.50 Annual Recurring Services - Year 2 USD 8,522.22 V. PD 06.01.2015-0048 Page 1 of 3 Page 71 of 211 Initial Term & Renewal Date 12 Months Initial Term Invoice Schedule 50% invoiced on signature date and 50% invoiced 6 months from signature date or completion of implementation, if earlier Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Renewal Invoice Schedule Annually on date of signing Annual Uplift 3% starting in Year 2 This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW. V. PD 06.01.2015-0048 Page 2 of 3 Page 72 of 211 Acceptance The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: CivicPlus By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ Authorized Client Signature By: ___________________________________ Name: Joshua Hoyt ___________________________________ Title: Mayor ___________________________________ Date: September 18, 2023 ___________________________________ Organization Legal Name: City of Farmington____________________ Billing Contact: ___________________________________ Title: ___________________________________ Billing Phone Number: ___________________________________ Billing Email: ___________________________________ Billing Address: ___________________________________ ___________________________________ Mailing Address: (If different from above) ___________________________________ ___________________________________ PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________ V. PD 06.01.2015-0048 Page 3 of 3 Peter Gilbertson IT Director 651-280-6815 PGilbertson@FarmingtonMN.gov 430 Third St Farmington, MN 55024 Page 73 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Professional Services Agreement with JLG Architects for Facility Master Planning for the Rambling River Center Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The City of Farmington was awarded a FY2023 Community Project Funding grant for the Ram bling River Center (RRC) in the amount of $750,000. Grantees are required to submit the Grant Agreement signed and dated by the Authorized Representative with the project narrative and budget. When the grant was submitted, it was based on the 2018 Rambling River Center Plaza design and cost estimates. Inflation and project escalation have occurred, and the overall reliability of the cost information developed in the plaza design has diminished. In addition, the grant was submitted for far more funds than received. Beginning in 2020, one of the RRC advisory board’s work plan goals for the year was to create a facility master plan for the RRC for future building configuration, improvements, and programming opportunities. Due to budget constraints related to Covid-19, the facility master plan was deferred until the 2022 requested budget was submitted. In 2022, $5,000 was included and approved by the council in the general fund, and $10,000 was approved by RRC advisory board of fundraising dollars to hire a consultant to develop the master plan. However, the facility master plan was put on hold to wait to hear if the RRC would be awarded a Community Project Funding grant. This master plan will be used as the long-term vision and for future building improvements that can’t be accomplished with Community Project Funding, but with RRC fundraising monies. Based on the aforementioned reasons, Staff proposes entering into an agreement with JLG Architects, Minneapolis, MN, to develop a facility master plan for the RRC. DISCUSSION: The RRC moved into its current location, the former City Hall and Police St ation, in fall 2009. Many improvements were completed prior to moving in. The building has worked well as a senior center and a rental facility. However, there has been much discussion over the last several years about opening the space to make it more inviting. Thus, Staff developed a Request for Proposals (RFP) to develop a facility master plan for the RRC. Staff emailed the RFP to four qualified and recommended firms on May 18, 2022, with a due date of June 8, 2022. The RFP asked for evaluation of the layout and flow of the building and provide recommendations to better utilize the space. The four design items specifically called out in the RFP included (1) creating a patio from the banquet room to the green space on the west side of the building, (2) converting the Page 74 of 211 receptionist area into a space that is ADA accessible, warm, and inviting, (3) developing a better flow / layout to eliminate the choppy feel and creating efficient and effective spaces, and (4) analyzing the use of four entrances into the building. The RFP invited interested firms to a tour of the RRC prior to submitting a proposal. 292 Design Group toured the RRC prior to submittal of their proposal. In fall 2022, 292 Design Group merged with JLG Architects. City Staff met with representatives from JLG Architects in spring 2023. This included the former staff member at 292 Design Group that City Staff was excited to collaborate with on design of the facility master plan for the RRC. Following the meeting, JLG Architects submitted a proposal for master planning services. JLG Architects is proposing stakeholder input to develop a preferred master plan. The facility master plan would include construction estimates and a potential phasing plan. JLG Architects will present the master plan and recommendations to city council at the completion of the study. JLG Architects partners with Kraus-Anderson on projects and will review and incorporate the facility condition assessment of the Rambling River Center into the final document. Attached is the Professional Services Agreement (PSA) which includes the proposal to complete the facility master plan. The City Attorney reviewed the attached PSA and found it to be acceptable. BUDGET IMPACT: The cost for JLG Architect’s facility master planning services for the RRC is a total not-to-exceed fee of $17,000. The cost of these professional services JLG Architects will be providing to the City will be funded through the Rambling River Center Capital Improvement Fund and the Community Project Funding grant. The Rambling River Center Advisory Board, at their August 21, 2023, meeting, unanimously approved to spend $10,000 out of fundraising monies (Rambling River Center Capital Improvement Fund) to hire JLG Architects to develop a facility master plan f or the RRC. The remaining $7,000 of the fee will be funded through the Community Project Funding grant. ACTION REQUESTED: Approve the attached Professional Services Agreement with JLG Architects for facility master planning for the RRC. ATTACHMENTS: Professional Services Agreement - JLG Architects - Signed Page 75 of 211 227544v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this ____ day of ____________, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and JLG ARCHITECTS, a Minnesota Corporation, whose business address is 710 S. 2nd Street, 8th Floor, Minneapolis, MN 55401 (hereinafter "Architect"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Architect to furnish the services set forth on the attached Exhibit “A”. The Architect agrees to perform the services. Architect shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional Architect licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with the professional standard of care relative to applicable codes and Architecting standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibit: Exhibit “A” – Scope of Services and Payment. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”. 2. REPRESENTATIVES. City has designated Kellee Omlid, Parks and Recreation Director, (the “City Representative”), and the Architect has designated Pam Anderson (the “Architect Representative”). The City Representative and the Architect Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Architect shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the fee schedule also included in, Exhibit “A”, but not to exceed $17,000 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Architect shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Architect when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Architect must complete the Services by December 31, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. Page 76 of 211 227544v1 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Architect may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Architect also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Architect, but any use of the Information by the City or the Architect beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Architect shall abide by the professional standard of care statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Architect’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Architect shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Architect under similar circumstances. Architect shall be liable for any injuries, loss, or damages proximately caused by Architect’s breach of this standard of care. Architect shall put forth reasonable efforts to complete its duties in a timely manner. Architect shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Architect shall be responsible for costs, delays, or damages arising from negligent delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Architect’s services. 8. INDEMNIFICATION. The Architect shall indemnify and hold harmless the City, its officers, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Architect, its agents, contractors and employees, or any negligent act or omission performed, taken or not performed or taken by Architect, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Architect harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Architect shall procure, maintain, and pay for such insurance as will protect against claims or los s which may arise out of operations by Architect or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, Page 77 of 211 227544v1 minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Architect shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Architect shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Architect shall maintain “stop gap” coverage if Architect obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All polices shall contain a waiver of subrogation in favor of the City. g. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 78 of 211 227544v1 h. All polices, except the Worker’s Compensation Policy, shall insure the indemnity obligations assumed by Architect under this Agreement. i. Architect agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. j. It shall be Architect’s responsibility to pay any retention or deductible for the coverages required herein. k. The Architect’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the Cit y, except for 10 days notice of cancellation due to non-payment. l. Architect shall maintain in effect all insurance coverages required under this Paragraph at Architect’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. m. A copy of the Architect’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Architect’s Work. Upon request a copy of the Architect’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Architect has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Architect of any deficiencies in such documents and receipt thereof shall not relieve Architect from, nor be deemed a waiver of, City’s right to enforce the terms of Architect’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. n. Effect of Architect’s Failure to Provide Insurance. If Architect fails to provide the specified insurance, then Architect will indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Architect, its subcontractors, agents, employees Page 79 of 211 227544v1 or delegates Architect also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Architect will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Architect as an independent contractor upon the terms and conditions set forth in this Agreement. The Architect is not an employee of the City and is free to contract with other entities as provided herein. Architect shall be responsible for selecting the means and methods of performing the work. Architect shall furnish any and all supplies, equipment, and incidentals necessary for Architect's performance under this Agreement. City and Architect agree that Architect shall not at any time or in any manner represent that Architect or any of Architect's agents or employees are in any manner agents or employees of the City. Architect shall be exclusively responsible under this Agreement for Architect's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Architect shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Architect shall comply with Minnesota Statute § 471.425. Architect must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Architect’s receipt of payment from City. Architect must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Architect, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Architect and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 80 of 211 227544v1 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. RECORDS. The Architect shall maintain complete and accurate records of time and expense involved in the performance of services. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Architect must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Architect pursuant to this Agreement. Architect is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Architect receives a request to release data, Architect must immediately notify City. City will give Architect instructions concerning the release of the data to the requesting party before the data is released. Architect agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Architect’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 18. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Architect at the address on file with the City. Upon termination under this provision if there is no fault of the Architect, the Architect shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Architect has failed to perform in accordance with this Agreement, no further payment shall be made to the Architect, and the City may retain another Architect to undertake or complete the work identified in Paragraph 1. 19. NON-DISCRIMINATION. During the performance of this Agreement, the Architect shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Architect shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Architect shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Architect further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 20. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. Page 81 of 211 Page 82 of 211 227544v1 EXHIBIT “A” SCOPE OF SERVICES AND PAYMENT Page 83 of 211 J LG Architects | Jill Winkler 710 S 2nd Street, 8th Floor| Minneapolis, MN 55401 | p.612.757.6113 | jwinkler@jlgarchitects.com z:\23148 farmington rambling river\1-3 - project administration\1 - owner\proposal 23148 farmington rambling river 230913.docx Page 1 of 2 Dear Kellee and Missie: Thank you for considering JLG Architects for this opportunity. Based on the information provided, we have developed the following scope of work for inclusion in an AIA Owner-Architect Agreement. PROJECT DESCRIPTION The City of Farmington is requesting assistance in developing a long-term vision for the Rambling River Center and identifying what improvements are needed. SCOPE OF WORK Project Kick-Off JLG will meet with Cit y, RRC staff and all other important stakeholders. At t his initial meeting, it is important to discuss the goals of the study and to set the direction for this undertaking. From this meeting, JLG will prepare a work plan which outlines milestone dates, identifies decision makers and project stakeholders, and sets expectations and outcomes. Deliverables: Meeting minutes, project schedule, project goals Data Collection, Facility Analysis and Base Plan The JLG team will review all available data on current activities and operations in the building, review the building conditions assessment done by Kraus Anderson, and existing building plans. We will tour the building to better understand how the facility serves the citizens of Farmington. Deliverables: Facility base plan (existing), existing building analysis – systems narratives and analysis Stakeholder Input Our team will gather input from City leadership, RRC staff and the other key stakeholders and conduct one stakeholder input meeting. This will help us better understand and evaluate health, wellness, recreational, and social activities in the building and learn what users would like to include in the future development of the building. Deliverables: Meeting minutes, summary/analysis of input Facility Program Development After collecting this input, our team will prepare a written facility program. This program document outlines recommended modifications and their associated, specific space needs. The program also begins to establish facility parameters, becoming the foundation for further project development. Deliverables: Detailed facility program document (space needs, adjacencies, operational requirements) Concept Options From the facility program, JLG will develop a building layout option with up to three variations that show potential renovations or reconfiguration of spaces. These will be reviewed with the City and RRC staff to determine which option would best serve the community now and into the future. From this discussion, a final option – which may be a combination of features from the various alternatives – will be developed. This now become the framework for the new Rambling River Center. Deliverables: Meeting minutes, preliminary options, refined option PROPOSAL 23148 Farmington Rambling River Center Master Planning 05.02.23 updated: 05.31.23 updated: 09.13.23 To: CC: ☒ ☐ Kellee Omlid City of Farmington Parks and Recreation Director ☒ ☐ Missie Kohlbeck City of Farmington Recreation Supervisor ☐ ☒ Pam Anderson JLG Architects Exhibit A Page 84 of 211 Page 2 of 2 Cost Estimation JLG Architects will develop a construction cost estimate for an overall project budget with some possible options for phasing work if needed to work within available funding. Deliverables: Cost estimate, potential phasing plan Study Report Document JLG Design Group will assemble all the data and study information into a comprehensive, user-friendly report. The report will document the study process, provide plans that outline the proposed changes to the building, address operational issues, and help define the economic parameters of the improvements to the facility. This report will contain the information that RRC and the City of Farmington will need to make critical decisions moving forward. Deliverables: Final study document Communications and Presentation At the completion of the study, JLG will present the recommendations to the Farmington City Council. Deliverables: Sketches, plans and other data for public communication and presentation OWNER RESPONSIBILITIES Provide necessary information in a timely manner, including, but not limited to: • Design feedback and direction • Sign-off at each phase of work • And as described in the Agreement Between Owner and Architect SCHEDULE • Approximately 4 - 8 weeks – TBD based on the City schedule and feedback time. COMPENSATION Fixed compensation amount of $17,000 (Seventeen Thousand Dollars) Compensation Breakdown: Administration and Reimbursables $1,000 Project Kickoff $1,000 Data Collection, Facility Analysis, Base Plan $3,300 Stakeholder Input $2,200 Facility Program Development $1,100 Concept Options $4,200 Cost Estimation $1,400 Study Report Document $1,800 Communications/Presentation $1,000 Total $17,000 REIMBURSABLE EXPENSES All final documents will be delivered electronically and some meetings will be virtual. Travel (per two in person meetings) by JLG Architects to the site is included in the fixed compensation amount; any other travel costs will not be incurred without the Owner’s prior approval. OTHER • Drawings, reports and other documents prepared by the Architect are instruments of the Architect’s service and are for the Owner’s use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the Project, or termination of this Agreement by either party, the Owner’s right to use the instruments of service shall cease. • The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project and aptly credit any/all drawings, renderings and other documents by including JLG’s logo or otherwise crediting JLG Architects by name in writing. END OF PROPOSAL EXHIBIT Page 85 of 211 Schedule of Hourly Compensation (As of 1/1/2023)Reimbursable Expense Charges Cost Per Sheet $390/hour Standard PrintingSize (Inches)Standard Glossy Marketing Cardstock Principal Architect-Senior B & W 8.5 x 11 0.20$ 1.30$ 0.40$ 0.45$ Principal Practice Leader-Senior B & W 11 x 17 0.40$ 2.60$ 0.80$ 0.90$ $290/hour B & W 12 x 18 0.45$ 3.00$ Principal Practice Leader $265/hour Color 8.5 x 11 1.00$ 4.00$ 1.55$ 1.65$ Principal Architect Color 11 x 17 2.00$ 8.00$ 3.10$ 3.30$ Principal Project Designer Color 12 x 18 2.30$ 9.20$ 3.57$ Project Assistant Senior Technical Assistant Senior Plotted PrintingSize (inches)Standard Glossy $245/hour B & W 18 x 24 1.35$ 5.40$ Construction Services-Senior B & W 15 x 31 1.45$ 5.80$ Practice Studio Specialist-Senior B & W 22 x 34 2.35$ 9.40$ Project Architect-Senior B & W 24 x 36 2.70$ 10.80$ Project Designer-Senior B & W 30 x 42 3.95$ 15.80$ Project Manager-Senior B & W 34 x 44 4.70$ 18.80$ $190/hour B & W 36 x 48 5.40$ 21.60$ Construction Services III Interior Designer-Senior Color 18 x 24 13.50$ 18.90$ Project Architect II Color 15 x 31 14.50$ 20.30$ Project Assistant III Color 22 x 34 23.50$ 32.90$ Project Designer III Color 24 x 36 27.00$ 37.80$ Project Manager Color 30 x 42 39.50$ 55.30$ Studio Architect II Color 34 x 44 47.00$ 65.80$ Technical Assistant III Color 36 x 48 54.00$ 75.60$ $160/hour Construction Services II Mounted Gator Board Interior Designer III 3/16" Thickness $.045/Sq. in. Project Architect Project Assistant II Mileage Current Federal Rate Project Designer II Photos At Cost plus 10% Project Technician III Postage/Shipping At Cost plus 10% Studio Architect I Other reimbursables At Cost plus 10% Technical Assistant II $130/hour Interior Designer II NOTE: Job Captain This schedule is subject to adjustment by JLG Architects annually. Project Designer I Does not include sales tax where applicable. Project Technician II $110/hour Construction Services I Interior Designer I Project Assistant I Project Associate I Project Associate II Project Technician I Technical Assistant I $75/hour Student Intern Page 86 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Travel Leaders – Galaxy Travel to the Rambling River Center Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Travel Leaders – Galaxy Travel recently gave a donation to the Rambling River Center (RRC). DISCUSSION: As part of the RRC and Farmington Rotary raffle fundraiser, for every ticket purchased from Sara Butruff, her company, Travel Leaders – Galaxy Travel, would donate $5 to the RRC. Thanks to the 45 tickets sold by Ms. Butruff, $225 was donated t o the RRC. The donated money will be placed in the RRC Capital Improvement Fund, so it may either be used for future building improvements and/or to purchase new equipment or furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Sara Butruff and Travel Leaders – Galaxy Travel for this generous donation. ACTION REQUESTED: Adopt Resolution R60-23 Accepting a Donation of $225 from Travel Leaders - Galaxy Travel to the Rambling River Center. ATTACHMENTS: R60-23 Donation $225.00 from Travel Leaders - Galaxy Travel to Rambling River Center Page 87 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R60-23 A RESOLUTION ACCEPTING A DONATION OF $225 FROM TRAVEL LEADERS – GALAXY TRAVEL TO THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Travel Leaders – Galaxy Travel has donated $225 to the Rambling River Center ; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of $225 from Travel Leaders – Galaxy Travel to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 88 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Final Acceptance of Public Streets and Utilities and Release of Securities - Vita Attiva at South Creek First Addition Meeting: Regular Council - Sep 18 2023 INTRODUCTION: CC Vita Attiva, LLC has requested final acceptance of streets and utilities and release of the related securities within the Vita Attiva at South Creek First Addition. DISCUSSION: The grading, sanitary sewer, water, storm sewer, and street work in the First Addition is substanti-ally complete consistent with the city’s construction standards, and the requirements of the Development Contract have been met. The City has received the a ttached certification letter from the developer’s engineer that the improvements were built in accordance with the approved plans and specifications. City Staff has completed multiple site visits during the construction. The staff has confirmed the majority of the improvements have been completed. However, as indicated to the developer on October 14, 2022, the pond area (contained within Outlot E) will not be fully accepted until the final stage of construction has been completed; it may need to be clea ned out due to construction sediment during construction of future additions. The Development Contract requires maintenance bonds to be posted during the warranty period. The warranty period for the streets in one year; the warranty period for the under ground utilities is two years. The streets have already been in place for one year, so the maintenance bond will not include streets. BUDGET IMPACT: The City currently holds Letter of Credit No. 1185 in the amount of $291,700. The maintenance bond will be in place before the letter is issued to the bank releasing the Letter of Credit for the First Addition. ACTION REQUESTED: Approve the Final Acceptance of Public Streets and Utilities and Release of Securities - Vita Attiva at South Creek First Addition ATTACHMENTS: Page 89 of 211 Vita Attiva at South Creek First Addition plat Certification Letter Bloch Engineering Vita Attiva 1st Add 8-22-23 Page 90 of 211 Page 91 of 211 BLOCH ENGINEERING, PLLC 32210 Xeon St NW Cambridge, MN 55008 507-995-2981 Page | 1 August 22, 2023 City of Farmington 430 Third St. Farmington, MN 55024 RE: Vita Attiva Phase 1 General Certification: Based upon our field inspection of the finished project, it is to the best of my judgment that the referenced project was built in accordance with the approved plans and specifications. Any and all field changes to the approved construction plans shall be noted on the as-built Record drawings. Sincerely, Krystle Bloch, PE 507-995-2981 krystle@blochengineering.com Page 92 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Barr Engineering for the Industrial Park Drainage Study Meeting: Regular Council - Sep 18 2023 INTRODUCTION: Earlier this year, the City completed a survey of a segment of drainage ditch which passes through the northwest corner of the Northern Natural Gas (NNG) site. A portion of the city storm sewer system extends through the Industrial Park then discharges into this ditch. As NNG had experienced slow drainage in the ditch, and the ditch appeared to be overgrown, it was thought that cleaning this segment would improve the overall operation of the dra inage. As there have also been back-ups experienced in the storm sewer system upstream of the ditch, Staff believes that more research is needed before investing in the cleaning of only the 800 feet that was surveyed. DISCUSSION: The expanded study would include the following: • A topographic survey of the ditch segments located downstream of NNG. • A topographic survey of the storm sewer system upstream of the ditch within the limits noted in the proposal. • Updating and running the storm sewer model for this area based on this additional information. • Consider scenarios for improving the system operation. • Documenting all findings and conclusions via a report. Completing this additional research will allow for a much better understandi ng of the storm sewer system operation in this area, which was constructed over 30 years ago and subsequently modified. It will also provide a much higher level of confidence that any recommended improvements in the area will affect positive operational changes. On February 21, 2023, the City Council approved the Consultant Pool for 2023 -2027. Barr Engineering is one of the firms in the consultant pool and has prepared the attached scope and budget based on discussions with City Staff regarding this proje ct. Barr Engineering completed the City’s most recent Local Surface Water Management Plan and are very familiar with the drainage patterns and city system. BUDGET IMPACT: The total estimated not to exceed fee for this work is $34,600 to be funded via the Storm Water Enterprise Fund. Page 93 of 211 ACTION REQUESTED: Approve the Professional Services Agreement with Barr Engineering for the Industrial Park Drainage Study ATTACHMENTS: Study Location Map 091823 PSA Barr Industrial Park Drainage Study signed Page 94 of 211 Maxar 0 0.15 0.30.07 mi 0 0.2 0.40.1 km 1:9,028 Copyright 2018, Dakota County This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Pa g e 9 5 o f 2 1 1 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 18th day of September, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Barr Engineering Co., a Minnesota Corporation, whose business address is 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Karen Chandler, Vice President (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $34,600 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 96 of 211 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by January 31, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 97 of 211 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 98 of 211 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 99 of 211 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 100 of 211 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 101 of 211 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 102 of 211 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: September 18, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Karen Chandler Vice President September 13 23 Barr Engineering Co. Page 103 of 211 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 104 of 211 Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com August 29, 2023 Mr. John Powell Public Works Director/City Engineer City of Farmington 430 Third St. Farmington, MN 55024 Re: Proposal to evaluate Farmington Industrial Park drainage issues Dear Mr. Powell: Barr Engineering Co. (Barr) is pleased to submit our proposal to the City of Farmington (City) to evaluate the drainage issues in the Farmington Industrial Park. This letter presents the scope of professional consulting services we will provide for your project including 1) our understanding of the project, 2) proposed work tasks, 3) estimated costs and schedule, and 4) the proposed project team. The scope of work is based on your meeting with Brian LeMon of Barr, follow-up communications with you, internal follow-up discussions with staff familiar with the XPSWMM model and the Vermillion River Watershed Joint Powers Organization (VRWJPO) requirements, and our experience with and understanding of similar projects. Project Understanding The City is experiencing ongoing drainage and flooding issues in the Farmington Industrial Park area on the northwest side of town, with frequent flooding in a parking lot and a public street. City staff requested that Barr develop a scope of work to evaluate the source of the problem—the ditch on the Northern Natural Gas property (just downstream of the flooding area), the further downstream portion of the ditch or the development upstream of the problem site—and develop corrective actions. City staff also requested that Barr perform topographic surveying of the area in support of the work, including surveying sections at least every 50 feet along the ditch on the Northern Natural Gas property, surveying sections along the downstream ditch at intervals determined by Barr, and necessary stormwater infrastructure elevations (storm sewer manhole inverts, flared end section elevations, pipes sizes etc.) to support Barr’s analysis. Scope of Work Based on our understanding of the project, Barr will perform the following tasks. Task 1. Site visit and initial assessment Barr staff will meet City staff at the site of flooding to better understand the extent of the issue and potential solutions. We will confirm that our existing subwatershed, storm sewer, and drainage GIS layers reflect current conditions and clarify the extent of field survey to be completed. Page 105 of 211 Mr. John Powell August 29, 2023 Page 2 W:\Business Units\WR\Marketing\City of Farmington\2023 Drainage\Farmington Industrial Park proposal.docx Task 2. Site survey (ditch segments) Barr staff will survey the ditch segment extending east-northeast downstream of the right-of-way east of Eaton Avenue (approximately 1,000 feet in length) at 50-foot intervals. Barr staff will survey the downstream east-west ditch segment (approximately 1,200 feet) and north-south ditch segment (approximately 600 feet) at 100-foot intervals needed for appropriate model resolution. Estimated costs assume a single surveyor cannot cross the ditch safely and a two-person team is needed (each with an RTK GPS device). We assume city staff will contact property owners to obtain permission for and arrange site access. The attached figure shows the ditch survey extents. Task 3. Site survey (stormwater infrastructure) Barr staff will survey storm sewer infrastructure located upstream of the ditch and adjacent to areas of known flooding and low points in areas of known flooding. The survey will include 13 structures included in the existing conditions XPSWMM model, plus 10 to 15 catch basins, flared-end sections, and/or manholes adjacent to the modeled infrastructure, and pipe segments linking these structures. The extent of survey is based on additional information estimated to be necessary to increase the resolution of the existing XPSWMM model. The extent of the survey will be confirmed in task 1. Estimated costs assume one City staff person will be available to assist one Barr surveyor for up to two days. Assistance may include opening manhole covers, monitoring surface conditions/hazards, reading instrument values, and handling of small equipment. We assume city staff will contact property owners to obtain permission for and arrange site access. The attached figure shows the stormwater system survey extents. Task 4. Update existing conditions model The current XPSWWM model, last updated in 2014, was developed as a “pond-scale” model. For this analysis, a higher resolution “catch basin-scale” model is needed in the vicinity of localized flooding. Barr staff will update the existing conditions XPSWMM model with refined subwatershed divides, hydrologic inputs, and infrastructure reflecting current GIS data and field survey data. We will run the existing conditions model for the 2-, 5-, 10-, and 100-year events and generate tabular summaries of model outputs. We will develop maps identifying estimated locations/paths of surface discharge at a concept level; and we will prepare simple area-extent inundation mapping of the localized flooding. We will document analysis in a working memo (added to in later tasks). Task 5. Scenario modeling (part 1) Barr staff will modify and run the updated existing conditions XPSWMM model to reflect proposed ditch excavation (upstream segment first, then adding the east-west segment and finally adding the north- south segment). We will evaluate the impact of ditch excavation on upstream water levels and peak flows in Middle Creek at the boundary with Empire Township (which are subject to VRWJPO standards). We will document the analysis and results in the working memo begun in task 4. We will share the working memo with city staff. We will meet virtually with city staff to discuss outcomes of task 5 modeling (including the memo) and identify scenarios to be modeled in task 6. Task 6. Scenario modeling (part 2) Barr staff will model additional scenarios as identified in discussion with City staff during task 5. Scenarios may include best management practices (BMPs) to alleviate upstream flooding and/or reduce peak flows in Middle Creek consistent with VRWJPO standards. The number of additional model scenarios may vary Page 106 of 211 Mr. John Powell August 29, 2023 Page 3 W:\Business Units\WR\Marketing\City of Farmington\2023 Drainage\Farmington Industrial Park proposal.docx according to complexity and outcomes of discussion with City Staff in task 5. We will document the analysis and results in the working memo begun in task 4. We will share the updated working memo with city staff. We will meet virtually with city staff to discuss results, including the memo. We will perform additional model revisions following this meeting, if needed, based on discussion with city staff. Task 7. Finalize project documentation! Barr will complete the working memo begun in task 4 to document project execution, results, and conclusions. Barr will provide an electronic draft to city staff for review and meet virtually to receive feedback. Barr staff will revise the memo based on city staff feedback and provide a final version to city staff in electronic format. Estimated Costs and Schedule The following table summarizes the estimated costs and schedule for evaluating the drainage issues in the Farmington Industrial Park as outlined above. The estimated schedule assumes that an agreement is in place for this work by September 11, 2023. Task Description Estimated Cost Estimated Schedule Task 1. Site visit and initial assessment $2,900 September 2023 Task 2. Site survey (ditch segments) $6,800 September 2023 Task 3. Site survey (stormwater infrastructure) $5,600 September 2023 Task 4. Update existing conditions model $4,100 October 2023 Task 5. Scenario modeling (part 1) $3,500 October – November 2023 Task 6. Scenario modeling (part 2) $6,100 November 2023 Task 7. Finalize project documentation $5,600 December 2023 Total $34,600 Key Team Members Karen Chandler will serve as Barr’s principal in charge for this project. In this role, Karen will provide project oversight, ensuring that the project is executed as proposed and that your expectations are understood and met throughout the entire project. Karen brings to the project her familiarity with the city, based on her experience with preparing the city’s surface water management plan. Kim Baker will serve as project manager. In this role, Kim will draw on her modeling, engineering and design experience with modeling and stormwater BMP projects to guide the project team through this study. Kim will serve as the primary point of contact for Barr and lead the day-to-day operations for the project. Greg Fransen will serve as a technical advisor, acting as a resource for the project team based on his familiarity with the City of Farmington’s hydrologic and hydraulic (XPSWMM) model. Page 107 of 211 Mr. John Powell August 29, 2023 Page 4 W:\Business Units\WR\Marketing\City of Farmington\2023 Drainage\Farmington Industrial Park proposal.docx We appreciate the opportunity to propose on this project and look forward to working with you. If this proposal is acceptable, please send us an agreement incorporating this proposal for our review and execution. If you have any questions, please contact me (612-247-6666, kchandler@barr.com). Sincerely yours, BARR ENGINEERING CO. Karen L. Chandler, P.E. Its Vice President Attachments Map of proposed survey extents Table of estimated costs for services Page 108 of 211 Middle Creek FA R M I N GTO NEaton Ave Akin Rd212th St W 208th St W 2 1 0 t h S t W 211th St W Edmonton Ave Easter Ave 21 2th St W456750 MiddleCr e e k Middle Creek F-A7.8 F-A7.15F-A7.5.4 F-A7.5 F-A7.5.1 F-A7.5.3 F-A7.5.2 F-A7.6 L-A2.4 VR-A1.2.2VR-A1.2.1 VR-A1.2.3 F-A7.13a F-A7.10 F-A7.9 F-A7.13b SUR VE Y EX TEN TSProposal for Ditch Sur vey and Localized Flood M odelingCity of Fa rm ington, MN Working Figure 1 Barr Footer : ArcGIS 10.9.1, 2023-08-16 11:55 File: I:\Client\Farmington_MN\Proposals\IndustrialParkDitch_2023-08-03\Survey_extent_working_v2.mxd User: sgw 200 0 200Feet !;NStormwater System Pipe/Conduit SegmentsFlared End SectionManholeSkimmerCatch Basin Stream TypeRiver CenterlineStream (Perennial)Stream (Intermittent) XPSWMM Subwatersheds Ci ty Boundary County B oundary 2016 USDA NAIP Imagery via MnGeo Ditch Sur vey Extent Stormwater SystemSurvey Extent Pa g e 1 0 9 o f 2 1 1 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 110 of 211 Farmington Industrial Park Drainage Issues Estimated Cost for Services Pr i n c i p a l Pr o j e c t M a n a g e r , Mo d e l e r Te c h n i c a l A d v i s o r Te c h n i c a l A d v i s o r Le a d S u r v e y o r Su r v e y T e c h n i c i a n Ho u r s Ex p e n s e s La b o r C o s t To t a l C o s t 200$ 125$ 155$ 190$ 130$ 110$ -- -- -- -- 1. Site Visit 59104019 100$ 2,800$ 2,900$ 2. Physical Survey - ditch segments 1200291850 650$ 6,200$ 6,850$ 3. Physical Survey - storm sewer 000037037 800$ 4,810$ 5,610$ 4. Existing conditions modeling 2 22 510030 -$ 4,115$ 4,115$ 5. Scenario modeling (part 1) 5 16 210024 -$ 3,500$ 3,500$ 6. Scenario modeling (part 2) 5 26 920042 -$ 6,025$ 6,025$ 7. Document results 8 20 630037 -$ 5,600$ 5,600$ 26 95 23 7 70 18 239 1,550$ 33,050$ 34,600$ Role Hourly Rate Ta s k Total Pa g e 1 1 1 o f 2 1 1 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with TKDA for Well 5 Retaining Wall Design Meeting: Regular Council - Sep 18 2023 INTRODUCTION: A portion of the retaining wall between the Well 5 driveway and the boulevard of English Avenue is failing. At the June 5, 2023, meeting, the City Council approved a Professional Services Agreement (PSA) with TKDA to review the retaining wall, consider options, and recommend an approach for retaining wall repairs or replacement. DISCUSSION: Well 5 was constructed in 1999, as part of the project a retaining wall, about 4 feet tall and 115 feet in length, was constructed between the Well 5 driveway and the boulevard of English Avenue. In 2008, a segment of the retaining wall near the Well 5 bui lding was repaired; another 85-foot section of the wall has failed. As shown in the attached report, TKDA completed a detailed inspection of the existing wall, considered various options, and recommends replacing the entire wall with a Prefabricated Modular Block Wall. Per the report, “One option considered and discounted was rebuilding the existing wall with similar materials. The disadvantage of this option is that the failure will likely occur again. There is no evidence of drain tile below the wall and the limestone backfill may be insufficient to handle additional loading due to any potential water behind the wall.” The recommended option is complete replacement of the retaining wall with Prefabricated Modular Block Wall materials. Prefabricated Modular Block Wall materials are made from placing concrete in a mold and curing in the mold. This is a different process than used for the existing materials, and the blocks are typically much larger and rectangular. This issue was discussed by the Water Board at their August 24, 2023, meeting; they directed Staff to proceed with the design and construction of a replacement Well 5 retaining wall using Prefabricated Modular Block Wall materials, as recommended in the report. On February 21, 2023, the City Council approved the Consultant Pool for 2023 -2027. TKDA is one of the firms in the consultant pool and has prepared the attached scope and budget for design and bidding services based on discussions with City Staff. BUDGET IMPACT: Page 112 of 211 The total estimated not to exceed fee for this engineering work is $16,400. The estimated construction cost for wall replacement is $164,000; the estimated cost to repair the wall using existing materials was estimated to cost up to $80,000. Planning for the repairs/replacement of this wall has been underway for many months; all retaining wall related costs will be funded via the enterprise fund for Water. ACTION REQUESTED: Approve the Professional Services Agreement with TKDA for Well 5 Retaining Wall Design ATTACHMENTS: 2023-08-21_Farmington Wall Evaluation_Final Report 091823 PSA TKDA Wall 5 Retaining Wall Design signed Page 113 of 211 City of Farmington Pumping Station Wall Evaluation Farmington, MN August 2nd, 2023 TKDA No. 20751.000 Page 114 of 211 TKDA® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity. August 2nd, 2023 RE: City of Farmington Evaluation of Pumping Station Retaining Wall Farmington, MN TKDA No. 20751.000 Mr. John Powell City of Farmington 430 3rd St Farmington, MN 55024 Dear Mr. Powell: The findings of the Evaluation of the Pumping Station Retaining Wall are attached. The wall is located in Farmington, MN and retains soil along English Avenue. The evaluation was completed to assess the failed condition of the wall and provide replacement recommendations. Thank you for the opportunity and please let me know if you have any questions about the proceeding findings. Sincerely, Joseph R. Mueller, PE Team Leader Page 115 of 211 TKDA No. 20751.000 August 2nd, 2023 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Joseph R. Mueller, PE Date: August 2nd, 2023 Lic. No.: 49106 Reviewed By: Zackary McElduff Date: July 21, 2023 TKDA 444 Cedar Street - Suite 1500 Saint Paul, MN 55101 Page 116 of 211 2021 Wall Evaluation Executive Summary Pumping Station Retaining Wall Page 1 Executive Summary 2023 Wall Evaluation Appendix A contains project photographs taken during the inspection for the Pumping Station Retaining Wall. Pumping Station Retaining Wall Owner: City of Farmington County: Dakota County City: Farmington Date of Inspection: June 30th, 2023 Special Equipment Used: None. Inspected By: Joseph Mueller and Zackary McElduff Report Reviewed By: Zackary McElduff Page 117 of 211 2023 Wall Evaluation Pumping Station Retaining Wall Page i Table of Contents Letter of Transmittal Certification Page Executive Summary Table of Contents Page 1.0 Pumping Station Retaining Wall ............................................................................ 1 1.1 Wall Evaluation Findings .................................................................................................. 2 1.2 Cost Estimate and Wall Recommendations ..................................................................... 5 1.2.1 Option 1 - Prefabricated Modular Block Wall (PMBW) ........................................ 5 1.2.2 Option 2 - Increase Slope from Back of Curb ..................................................... 6 1.2.3 Consideration of Options ..................................................................................... 7 List of Tables Table 1 – Wall Batter Measurements .................................................................................................... 3 List of Figures Figure 1 – Location of Pumping Station Retaining Wall ........................................................................ 1 Figure 2 – Wall Layout ........................................................................................................................... 2 Figure 3 – Station 0+91 to 1+09 Failure ................................................................................................ 4 Figure 4 – PMBW Wall Example ........................................................................................................... 5 List of Appendices Appendix A – Photographs of Pumping Station Retaining Wall Page 118 of 211 August 2023 Page 1 2023 Wall Evaluation Prepared for City of Farmington 1.0 Pumping Station Retaining Wall The Pumping Station Retaining Wall is located along the west side of English Avenue which is east of the Farmington water tower and pumping station. The wall is 117 feet long. The wall was built with dry cast concrete blocks with a geogrid between layers and clear limestone rock backfill. The wall varies in exposed height from 0 feet to 4 feet tall. Existing plans of the wall were not available. Field measurements were taken on stable portions of the wall to determine the original design batter dimensions. The field measurements on portions of the wall that showed no signs of deterioration indicate that the front face of the wall was to be battered at 0.75” horizontally per 8” of block height. A 4” tall top block was used for the length of the wall and was set 1.5” forward from the front face of the topmost block. Figure 1 – Location of Pumping Station Retaining Wall Page 119 of 211 Page 2 2023 Wall Evaluation Pumping Station Retaining Wall 1.1 Wall Evaluation Findings A visual inspection of the wall was performed on June 30th, 2023. The general wall layout can be seen in Figure 2. Measurements were taken at the top of the wall to determine how much the top of wall was set back or battered from the face of the wall at the ground line. Batter measurements are tabulated below in Table 1. These batter measurements were compared to calculated batter values according to measurements taken at the South end of the wall, where no signs of failure were observed. The planned batter measurements will be compared to the field batter measurements to determine locations of potential failure along the length of the wall. Figure 2 – Wall Layout Page 120 of 211 2023 Wall Evaluation Pumping Station Retaining Wall Table 1 – Wall Batter Measurements WALL INSPECTION DATA STA. WALL HEIGHT PLANNED BATTER AT TOP OF WALL (1) MEASURED BATTER AT TOP OF WALL (2) WALL BATTER COMPARISON (IN) (IN) (IN) (IN) 0+00.00 8.0 0.0 0.0 0.0 0+10.00 37.5 1.5 2.5 0.0 0+20.00 38.5 1.5 1.875 0.0 0+30.00 41.0 1.5 1.0 0.5 0+40.00 41.0 1.5 0.25 1.25 0+50.00 38.0 1.5 -7.0 8.5 0+60.00 45.0 2.25 -6.5 8.75 0+70.00 47.25 2.25 -5.25 7.5 0+80.00 47.25 2.25 -2.875 5.125 0+90.00 46.0 2.25 -5.5 7.75 1+00.00(3) FAILURE 1.5 FAILURE FAILURE 1+10.00 42.25 2.25 -8.25 10.5 1+17.00 8.0 0.0 0.0 0.0 (1) A batter of 0.75” per 8” tall block was measured at a portion of the wall that showed no signs of failure. This batter was assumed to be the planned batter for the entire length of the wall. The planned batter also includes a 1.5” forward set of the top block, which is 4” tall. (2) Negative value indicates top of wall is tipping forward relative to base of wall at ground line. (3) Wall has completely failed from STA 0+91 to 1+09. Page 121 of 211 Page 4 2023 Wall Evaluation Pumping Station Retaining Wall At almost all locations that measurements were taken along the wall, the batter measured is less than the anticipated batter. This indicates that the wall has tipped forward at these locations or it was improperly constructed. Between station 0+91 and 1+09, the wall has already failed, which can be seen in Figure 3. Figure 3 – Station 0+91 to 1+09 Failure The location of the failure corresponds to where vehicles likely drive and/or park on the driveway for the pumping station building above the wall. It is possible that the wall was not designed to withstand the live loads that are associated with vehicular traffic thus resulting in the failure and the wall tipping forward at numerous locations. Poor drainage behind the wall may also contribute to failure and tipping forward. The presence of water behind the wall will add additional horizontal pressure on the wall. The clear limestone backfill does help to drain the wall, but if there is no drain tile at the base of the wall the water has no place to go and it will sit within the voids of the clear limestone. Page 122 of 211 2023 Wall Evaluation Pumping Station Retaining Wall 1.2 Cost Estimate and Wall Recommendations Given the existing wall has already failed over a length of 18 feet, it is not recommended to repair the wall. The following recommendation would require an investigation into the utilities present under and around the wall. There is a catch basin about 250 feet north of the wall on English Avenue that would likely be used as a tie in point for the drainage system of the wall. The use of this catch basin as a tie in point would need to be investigated as well. 1.2.1 Option 1 - Prefabricated Modular Block Wall (PMBW) Prefabricated Modular Block Wall (PMBW) have been around for a very long time and can be built very efficiently when the exposed height of the wall is kept below 8 feet. When PMBW walls are installed at exposed heights greater than 8 feet they require soil reinforcement to be installed behind the wall. This increases the excavations required for the wall as the soil reinforcement typically goes behind the wall a considerable ways. At this location, the wall could be kept under the 8 feet height to keep an efficient design and construction. In addition, the front face of the PMBW could be installed about 8 feet farther forward (towards the street) from the face of the existing wall. This would allow the wall to be further from the parking/driving area and reduce the additional live load on the wall. This location would also allow for the new wall to remain under 8 feet tall, which would avoid the need for any geogrid reinforcement. PMBW’s have near level fill on the top of the wall, which would not be a problem, given the existing driveway on top of the wall. The existing curb and a portion of the pavement (up to approximately 5 feet from the curb) would be removed and replaced due to the existing settlement and deterioration due to the current failed wall condition. With the wall being set 8 feet forward from the existing wall, a fence could be used at the edge of the existing parking/driving area to keep vehicular loading further from the wall. This would keep both vehicular loading away from the wall and provide a safety barrier to reduce falling risks. It may be necessary to install temporary shoring between the existing wall and the well building to protect from undermining during installation of the new wall. The shortest distance between the building and the back face of the existing wall is 5.5 feet, leaving sufficient room for the temporary shoring. Refer to Exhibit A for a schematic of this option. Figure 4 – PMBW Wall Example Page 123 of 211 Page 6 2023 Wall Evaluation Pumping Station Retaining Wall PMBW Cost Estimate (2023 Dollars) Option 1 - PREFABRICATED MODULAR BLOCK WALL (PMBW) (1) BID ITEM UNIT QTY BID TOTAL PREFABRICATED MODULAR BLOCK RETAINING WALL SQ FT 940 $ 85.00 $79,900.00 REMOVE CURB AND GUTTER LIN FT 100 $ 8.00 $800.00 REMOVE AND REPLACE BITUMINOUS PAVEMENT SQ YD 60 $ 20.00 $1,200.00 TEMPORARY VERTICAL SHORING LUMP SUM 1 $ 5,000.00 $5,000.00 REMOVE RETAINING WALL LIN FT 117 $ 40.00 $4,680.00 STRUCTURE EXCAVATION LUMP SUM 1 $ 20,000.00 $20,000.00 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 100 $ 40.00 $4,000.00 WIRE FENCE DESIGN 60V-9322 LIN FT 100 $ 45.00 $4,500.00 AGGREGATE BACKFILL (CV) CU YD 300 $ 55.00 $16,500.00 TOTAL $136,580.00 20% CONTINGENCY $ 27,316.00 TOTAL (ROUNDED) $164,000.00 (1) Does not include any provisions for aesthetic treatments. Does not include any costs for temporary easement or relocation of existing utilities. 1.2.2 Option 2 - Increase Slope from Back of Curb Leaving the wall in its current location, the slope from the back of curb to the front face of the wall could be increased to shorten or eliminate the wall. When the wall cannot be eliminated in these areas a PMBW wall would be recommended at these locations of similar design to Option 1 above. For this report TKDA assumed a maximum slope of 1V:3H in front of the wall at two cross sections from available survey information. At both locations the wall could not be eliminated, but it could be shortened to a wall height significantly less than 8 feet. Refer to Exhibit A for a schematic of this option. Page 124 of 211 2023 Wall Evaluation Pumping Station Retaining Wall 1.2.3 Consideration of Options Other Options One option considered and discounted was rebuilding the existing wall with similar materials. The disadvantage of this option is that the failure will likely occur again. There is no evidence of drain tile below the wall and the limestone backfill may be insufficient to handle additional loading due to any potential water behind the wall. The location of the curb behind the wall also indicates the wall sees additional loading due to live load surcharge, which could contribute to the failure again if it were re-built with similar materials. Another disadvantage of small block retaining walls is that they cannot go as high without proper reinforcement. Typical reinforcement methods use geogrid, which anchor the soil back behind the wall. If the wall were to be pushed out to avoid additional live load surcharge it is likely that reinforcement would be needed and require additional excavations, including removal of a large portion of the parking area, to rebuild the wall with small blocks. Option 1 PMBW walls are contractor designed walls that require special provisions in the form of a performance specification. These walls require near level fills on top of the wall. As there currently is an existing parking/driving area on top of the existing wall, a level fill on top of the wall can be maintained. A fence could be used to ensure that vehicular traffic stays further away from the wall than it currently does. The sprinkler box near the front face of the wall and the fiber vault to the north of the wall will need to be investigated in case any utility relocation is required. The front face of PMBW walls can also have an aesthetic treatment, though the range of aesthetics can be limiting. The wall can be painted with any desired color of special surface finish. Option 2 Keeping the wall in its current location and increasing the fill slope from the back of curb to the front face of the wall would still be most effective with a PMBW wall of shorter height and length. Therefore, the benefits of the PMBW wall listed above still apply. Although this option provides the least cost there are still some drawbacks. There will be a much steeper slope in front of the wall and if a shorter PMBW wall is still required it will be adjacent to the parking/driving area. TKDA recommends that Option 2 be investigated first to determine if the wall can be eliminated or wall height reduced. If the wall cannot be eliminated, it may be best to determine if a combination of Option 1 and 2 can be used. If the wall can be pushed forward and the slope on front of the wall steepened a shorter PMBW wall can be used and there will be a “buffer” zone between the back face of the wall and driving/parking area. A combination of Options 1 and 2 may prove to be a more economical solution than Option 1 alone. In any case, the impacts to the existing utilities will need to be considered in all options. A geotechnical engineer must be retained in either option for the following needs at a minimum: · Analyze foundation soils o Determine Foundation Types and Requirements · Determine backfill requirements · Investigate the vibration impacts on the existing wall and adjacent building during footing excavations · Provide general geotechnical recommendations consistent with a wall investigation/construction Page 125 of 211 0+00 0+68.4 7 0+00 0+64.84 A A B B SECTION A-A 965 970 975 980 965 970 975 980 0+00 0+50 0+85 SECTION B-B 965 970 975 980 965 970 975 980 0+00 0+50 0+75 STA:0+00.00 ELEV:970.66 STA:0+19.14 ELEV:970.33 STA:0+23.55 ELEV:970.27 STA:0+27.38 ELEV:966.28 STA:0+49.84 ELEV:961.19 STA:0+07.67 ELEV:971.10 STA:0+23.63 ELEV:971.06 STA:0+24.42 ELEV:967.00 STA:0+43.16 ELEV:962.42 CURB CURB TOP WALL BOTTOM WALL CURB CURB TOP WALL BOTTOM WALL K: \ a - f \ F a r m i n g t o n \ 2 0 7 5 1 0 0 0 \ 0 4 _ P r o d u c t i o n \ 0 1 _ C A D \ 0 3 _ C o n c e p t s \ C - S E C T I O N S . d w g J u l 3 1 , 2 0 2 3 - 5 : 0 0 p m DESCRIPTION OF REVISIONSNO.DATE BY DESIGNED DRAWN CHECKED DRAWING NO. PROJ. NO.444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com 0 SCALE IN FEET 10 205 WELL #5 FARMINGTON PUBLIC WORKS FACILITY EN G L I S H A V E SECTION A-A 965 970 975 980 965 970 975 980 0+00 0+50 0+85 SECTION B-B 965 970 975 980 965 970 975 980 0+00 0+50 0+75 STA:0+00.00 ELEV:970.66 STA:0+19.14 ELEV:970.33 STA:0+23.55 ELEV:970.27 STA:0+27.38 ELEV:966.28 STA:0+49.84 ELEV:961.19 STA:0+07.67 ELEV:971.10 STA:0+23.63 ELEV:971.06 STA:0+24.42 ELEV:967.00 STA:0+43.16 ELEV:962.42 CURB CURB TOP WALL BOTTOM WALL CURB CURB TOP WALL BOTTOM WALL CHAIN LINK FENCE GROUND LINE AT TOP OF WALL FRONT FACE OF WALL APPROX. 8 FEET FROM EXISTING WALL FRONT FACE OF WALL APPROX. 8 FEET FROM EXISTING WALL GROUND LINE AT TOP OF WALL CHAIN LINK FENCE OPTION 1 OPTION 1 OPTION 2 OPTION 2 CHAIN LINK FENCE FRONT FACE OF NEW WALL FRONT FACE OF NEW WALL CHAIN LINK FENCE GROUND LINE IN FRONT OF WALL AT 1V:3H MAXIMUM SLOPE GROUND LINE IN FRONT OF WALL AT 1V:3H MAXIMUM SLOPE EXHIBIT A Pa g e 1 2 6 o f 2 1 1 Page 8 2023 Wall Evaluation Pumping Station Retaining Wall Appendix A Photographs of Pumping Station Retaining Wall Page 127 of 211 Pumping Station Wall Elevation South End of Pumping Station Wall Pumping Station above South End of Wall Distance between Pumping Station and Wall Measured to be 5.5 Feet Driveway above North End of Wall Failure in Wall from Above Page 128 of 211 Sprinkler Head at Curb at back of Wall North End of Pumping Station Wall Failure at North End of Wall Failure at North End of Wall Mid-Length Portion of Pumping Station Wall Sprinkler Box between Wall and Curb at Street Page 129 of 211 Pumping Station Wall Elevation View with Sprinkler Box Looking North from North End of Wall Fiber Vault North of Wall Water Main and Hydrant North of Wall Stormwater Grate North of Wall Page 130 of 211 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 18th day of September, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and TKDA, Inc. a Minnesota Corporation, whose business address is 444 Cedar Street, Suite 1500, St. Paul, MN 55101 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Larry Poppler, Project Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $16,400 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 131 of 211 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 132 of 211 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 133 of 211 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All polices shall contain a waiver of subrogation in favor of the City. g. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. h. All policies, including the Engineer’s Commercial General Liability and excepting Worker’s Compensation Policy and Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement for claims arising under that Policy. i. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. j. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. k. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. l. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. m. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s Page 134 of 211 224345v1 right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. n. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from Page 135 of 211 224345v1 City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 136 of 211 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Page 137 of 211 224345v1 Dated: September 18, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] September 12 23 Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) Matthew J. Christensen Vice President, Surface Transporation Page 138 of 211 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 139 of 211 TKDA ® | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee-owned company promoting affirmative action and equal opportunity. August 16, 2023 via email only: jpowell@farmingtonmn.gov English Street Retaining Wall Design and Bidding SCOPE AND TASK LIST Based on TKDA’s understanding of the Project, we propose to provide the following services: A. Design 1. Project Management 2. Title Sheet 3. Front Face Alignment Sheet 4. Plan, Profile, Cross Sections and Tabulations 5. Standard Wall Plan Sheets 6. Erosion Control and Turf Establishment Sheets 7. Specifications (Standard Farmington Front-End specifications to be provided by Client and modified by TKDA). Technical Specifications using MNDOT template. B. Bidding 1. Bidding Website set up 2. Bid Opening and Tabulation 3. Addenda and Bidder Questions (If Needed) 4. Bid Recommendation Letter Work to be completed for Bidding in September. Page 140 of 211 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 141 of 211 Project Fee Estimate Client: Farmington Date: 8/16/2023 Project:Well #5 Retaining Wall Design Prepared By:LPP Estimated Person Hours Required Task Task Description Sr. Reg Eng.Sr. Reg Eng.Reg. Eng.Grad. Eng.Admin. A Design Project Management 2 2 422$ Title Sheet 1 2 3 344$ Front Face Alignment Sheet 1 4 8 13 1,983$ Plan, profile, cross sections, and tabulations 1 7 8 40 56 6,344$ Standard Wall Plan Sheets 1 4 5 539$ Erosion Control and Turf Restoration Plan 4 12 16 1,768$ Specifications 2 8 16 26 3,966$ - -$ B Bidding Bidding Website Setup 4 4 324$ Bid Opening and Tabulation 1 2 1 4 424$ Addenda and Bidder Questions 1 1 147$ Bid Recommendation Letter 1 1 147$ - -$ 6 23 37 60 5 131 211$ 147$ 148$ 98$ 81$ 1,266$ 3,381$ 5,476$ 5,880$ 405$ 16,408$ Expenses: -$ Total Project Fees 16,408$ Total Not to Exceed 16,400$ Total Person Hours Billing Rate/Hr x Multiplier Total Billable for Charged Time Total Hours Total Dollars Page 142 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Ordinance Amending the 2023 Fee Schedule with the State Tax Increase Effective October 1, 2023 Meeting: Regular Council - Sep 18 2023 INTRODUCTION: For Council review and adoption is an ordinance amending the 2023 Fee Schedule to include a state tax increase of one percent (1%) effective October 1, 2023, on all sales and purchases in the se ven- county metro area. DISCUSSION: The State of Minnesota has added a one percent (1%) tax increase on all sales and purchases in the seven-county metro area, which includes Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington counties, effective October 1, 2023. Metro Region 0.25% Sales Tax - Housing Revenues from this tax will support housing projects in the seven -county metro area. Metro Region 0.75% Sales Tax - Transportation Revenues from this tax will support transportation projects in the metro area. This one percent (1%) tax increase will affect a variety of fees charged by the City for licenses, permits, and other services. The new rates were rounded up to the next whole dollar. Changes are highlighted in the attached 2023 Fee Schedule and include the following: The Current Advertising Rates (pg 6 of attached Fee Schedule) • Half page per publication increased from $325 to $329 for government/non -profit and from $375 to $379 for commercial/for profit. • Half page 1-year rate increased from $1,040 to $1,050/year for government/non -profit and from $1,200 to $1,212/year for commercial/for profit. • Quarter page per publication increased from $225 to $228 for government/non -profit and from $250 to $253 for commercial/for profit. • Quarter page 1-year rate increased from $720 to $727/year for government/non -profit and from $800 to $808/year for commercial/for profit. Park Facilities Rental Rates (pg 6 of attached Fee Schedule) • Shelter half day increased from $70 to $71. Page 143 of 211 • Shelter full day increased from $95 to $96. • Event application fee increased from $60 to $61. • Events in parks (150+ people) increased from $285 to $288. • Weddings increased from $285 to $288. • Warming house rental rate private skating party increased from $40 to $41/hour. Rambling River Center Rental Rates (pg 7 of attached Fee Schedule) • Annual membership increased from $39 to $40/individual. • Fitness room non-member one-time visitor pass increased from $8 to $9. • Rambling River Center non-member user fee increased from $5 to $6. • Rambling River Center newsletter advertisement increased from $90 to $91. • Sound system rental increased from $150 to $151. Schmitz-Maki Arena Advertising Rates (pg 7 of attached Fee Schedule) • Full 4x8 sheet, one year rate, increased from $450 to $455/year. • Full 4x8 sheet, three-year rate, increased from $395 to $399/year and from $1,185 to $1,197/annual. • 4x4 sheet, one year rate, increased from $290 to $293/year. • 4x4 sheet, three year rate, increased from $260 to $263/year and from $780 to $789/annual. • Ice resurfacer, one year rate, increased from $745 to $752/year. • Ice resurfacer, three year rate, increased from $660 to $667/year and from $1,980 to $2,001/annual. • Dasher boards, one year rate, increased from $555 to $561/year. • Dasher boards, three year rate, increased from $500 to $505/year and from $1,500 to $1,515/annual. Schmitz-Maki Arena Rates (pg 8 of attached Fee Schedule) • Open hockey increased from $10 to $11. • Open skating increased from $5 to $6/person. • Open skating free style increased from $10 to $11. • Open skating punch card (10 punches) increased from $45 to $54. • Skate rental increased from $5 to $6/pair. • Skate sharpening increased from $5 to $6/sharpened pair or 10 sharpened pairs from $45 to $54. Non-Tournament Outdoor Field Use Charges (pg 21 of attached Fee Schedule) • Adult groups increased from $55 to $56. • Youth groups not qualifying or choosing not to pay the Seasonal Use Fee increased from $50 to $51. Tournaments Outdoor Field Use Charges (pg 21 of attached Fee Schedule) • Baseball and softball fields increased from $65 to $66/field/day. • Soccer fields increased from $65 to $66/field/day. Other Services and Fees (pg 21 of attached Fee Schedule) • Additional dragging baseball and softball fields increased from $17 to $18/field per dragging. • Soccer field lining increased from $55 to $56/hour for labor and from $30 to $31/hour for painting. Page 144 of 211 A notice was published in the September 8, 2023, edition of the Dakota County Tribune and posted at City Hall for a public hearing to be held at the Regular City Council Meeting on September 18th. Council needs to hold the hearing, receive any public comment, and motion to adopt Ordinance 023- 775 Amending Charges and Fees for Licenses, Permits, or Other City Approvals and Services for Calendar Year 2023 to Include Minnesota Sales Tax Increase Effective October 1, 2023. BUDGET IMPACT: Not applicable ACTION REQUESTED: Hold a public hearing and Adopt Ordinance 023 -775 Amending Charges and Fees for Licenses, Permits, or Other City Approvals and Services for Calendar Year 2023 to Include Minnesota Sales Tax Increase Effective October 1, 2023. ATTACHMENTS: Ordinance 023-775 Amending Fees and Charges for 2023 2023 Fee Schedule - redline for 09.18 Page 145 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 023-775 AN ORDINANCE AMENDING CHARGES AND FEES FOR LICENSES, PERMITS OR OTHER CITY APPROVALS AND SERVICES FOR CALENDAR YEAR 2023 TO INCLUDE SALES TAX INCREASE EFFECTIVE OCTOBER 1, 2023 THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. FEES FOR LICENSES AND PERMITS. The City Council of the City of Farmington, pursuant to statutory authority or directive, requires certain licenses, permits or other city approvals for certain regulated activities and, as a condition of issuing these licenses and permits, establishes the attached fees on an annual basis. Taxable charges and fees are subject to an additional 0.75% Metro Area Transportation Sales and Use Tax, as well as 0.25% Metro Area Sales and Use Tax for Housing, effective October 1, 2023, and attached hereto as Exhibit A. 1. Metro Area Transportation 0.75% Sales and Use Tax: Starting on October 1, 2023, a new metro county area sales and use tax called Metro Area Transportation Sales and Use Tax has been added. The new Metro Area Transportation Sales and Use tax rate will be 0.75%. The Minnesota Department of Revenue will administer this tax. Revenues will fund the projects identified in Laws of Minnesota 2023, Chapter 68, Article 3, Section 29. The 0.75% sales tax applies to retail sales made into any of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties. The use tax applies to taxable items used in any of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties if the local sales tax was not paid. 2. Metro Area Sales and Use Tax for Housing 0.25% Local Tax: Starting on October 1, 2023, a new metro county area sales and use tax called Metro Area Sales and Use Tax for Housing has been added. The new Metro Area Sales and Use Tax for Housing rate will be 0.25%. The Minnesota Department of Revenue will administer this tax. Revenues will fund the projects identified in Laws of Minnesota 2023, Chapter 37, Article 5, Section 2. The 0.25% sales tax applies to retail sales made into any of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties. The use tax applies to taxable items used in any of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties if the local sales tax was not paid. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statues, section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The amendment affects the City of Farmington 2023 Fee Schedule for taxable licenses, permits, or other City approvals and services for calendar year 2023, increasing the sales and use tax by one percent (1%) effective October 1, 2023. Page 146 of 211 Ordinance No. 023-775 Page 2 of 2 SECTION 2. EFFECTIVE DATE AND CODIFICATION. This ordinance shall be effective immediately upon its passage and shall govern all licenses, permits, and approvals for regulated activities occurring or undertaken in the 2023 calendar year. This ordinance need not be codified but may be attached to the City Code as an Appendix. Passed by the City Council of the City of Farmington this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 147 of 211 Ordinance No. 023-775 Page 2 of 2 EXHIBIT A (2023 Master Fee Schedule) Page 148 of 211 1 2023 FEE SCHEDULE CITY SERVICES General Personnel Charges When the City charges for staff time, the hourly rate will be multiplied by a factor of 1.5, which includes salary, and benefits. Specific rates available from Finance Department upon request. Escrow Deposits Escrows are set to recover costs incurred by the City related to some permitting actions. Escrows shall be determined as defined in this fee schedule and may include, but are not limited to, administrative costs, personnel charges, and outside services. When the City requires an escrow, the amounts represent initial deposits, not actual charges. Additional deposits may be required if costs incurred go above the original escrow amount. Any unused escrow will be returned to the applicant. An Escrow Deposit Agreement may be required. FIRE 2023 Amount False Alarms (after 3 per occurrence) Fire Alarms Non-Residential $250 up to five, $500 thereafter Residential $150 up to five, $300 thereafter Service and/or testing personnel conducting fire drills, maintenance, testing or service of the alarm or sprinkler system, who caused a nuisance or unintentional alarm. $250 per response Malicious/Mischievous False Alarms Staff time plus equipment rate Fire/Rescue Response (Non-Contracted Services) Apparatus/Vehicle (Includes Personnel) Rate per hour Aerial Ladder Truck $550 Brush Truck $165 Chief $131 Engine $330 Light Rescue $165 Tender $236 Utility Vehicle $110 Invalid/Lift Assist $150 up to five, $300 thereafter Hazardous Material Incidents Unauthorized Burning Extinguishment Fee Personnel and Equipment Rates Paid On-Call Personnel Rate $30/hour/person Miscellaneous Fire Report Fee $15 Fire/Rescue Standby Current hourly rate/person/ vehicle (vehicle would include personnel) 2-Hour Minimum for Pyrotechnic Displays Live Burn Trailer Rental $300/day Live Burn Instructor $75/hour Page 149 of 211 2 FIRE 2023 Amount Mobile Food Preparation Vehicle Permit $50 Fireworks Establishments with mixed sales $100 Establishments Selling Fireworks Only $350 Pyrotechnic Display Permit and Inspection $100 (Fireworks sales as accessory item) Flammable Tank System 500 Gallons or Less $25 501 - 1,000 Gallons $50 1,001 Plus Gallons 1.5% up to $10,000 Tank Removal $100 per tank Temporary Tent $40 MPCA Permit - 30 days (limited to 2 per year) $30 Open Burning Fire Permit (30 days) $30 Fire Alarm System – New or Alteration 1.5% of contract cost up to $10,000 (minimum of $50) 1% of contract cost over $10,000 Fire Suppression System – New or Alteration 1.5% of contract cost up to $10,000 (minimum of $50) 1% of contract cost over $10,000 Day Cares $50 Complaint, Requested, or Routine Fire Life Safety Inspection - Initial inspection and follow up inspection Free Re-inspection of any type $75 Page 150 of 211 3 MUNICIPAL SERVICES EQUIPMENT 2023 Amount Billed at equipment rate listed below plus personnel rate for staff time. Staff time is billed at a one hour minimum. Equipment rates during regular work hours are billed at a one hour minimum; personnel rates for call outs after regular hours are billed at a two hour minimum at time and a half. ALL CITY EQUIPMENT MUST BE OPERATED BY A CITY EMPLOYEE. Air Compressor, Hammer, Hose $35/hour Backhoe $60/hour Blower $25/hour Bucket Truck $60/hour Chipper $50/hour Compacting Tamper $25/hour 5 yd Dump Truck/Water Tanker $45/hour Flail Mower $75/hour Front End Loader $75/hour Generator – Small $50/hour Generator – Trailer $100/hour Grader $85/hour Paint Striper $30/hour Pickup Truck $30/hour Sewer Jetter/Vactor $175/hour Skid Steer $60/hour Street Sweeper $85/hour 1 Ton Truck $35/hour Trailer Pump $50/hour Trash Pump $25/hour TV Sewer Camera $200/hour POLICE SERVICES 2023 Amount Billed at equipment rate listed below plus personnel rate for staff time. Staff time is billed at a two-hour minimum. Equipment rates during regular work hours are billed at a one hour minimum; call outs after regular hours are billed at a two-hour minimum. Audio Video CD/DVD $35 Public Data - Offenders List $20/week False Alarms (after 3 per ordinance) Non-Residential $150 Residential $150 Investigative Case Reports $1/page Photographs $5/copy Research Fee $30/hour - 1 hour minimum Miscellaneous Accident Reports for Insurance Purposes $5 Fingerprinting Non-Resident (No charge for resident) $50 Transient Merchant, Peddler, Solicitor $65/person annually $45/person for 6 months Police Personnel Event Coverage $100/hour non-profit $150/hour for profit Page 151 of 211 4 Pawn Shops Annual License Fee $8,000/year Billable Transaction Fee Electronic $1.50/transaction Billable Transaction Fee Manual $2.50/transaction Pawn Shop Investigation $1,000 LICENSES - GENERAL DOG LICENSE 2023 Amount Male or Female $20/dog 2 years Lifetime License $50/dog License Enforcement Service Charge $25/dog Tag Replacement Fee $5 Dangerous Dog Registration $100 Warning Symbols At cost Dog Kennel (3 or more dogs) $300/year Pursuant to Ordinance 6-2-14 the owner shall pay an additional $50 as appropriate for a 4th dog. Exception – New residents – see note under animal licensing above. Permitted in agricultural zone only. Page 152 of 211 5 GAMBLING LICENSE 2023 Amount Gambling Event Investigation Fee $50 Gambling Premise Investigation Fee $50 BUSINESS LICENSE 2023 Amount 2024 Billing Bed and Breakfast $50 $50 Cigarette/Tobacco Sales $200/year $200/year Reinstatement after revocation $150 plus administrative time per fee schedule $150 plus administrative time per fee schedule Saunas $5,000 annual business $300 original investigation $150 renewal investigation $5,000 annual business $300 original investigation $150 renewal investigation Therapeutic Massage Business License $50 (includes 1 therapist) $50 (includes 1 therapist) Therapist $50 $50 Business Investigation $300 $300 Therapist Investigation $200 $200 MISCELLANEOUS LICENSES 2023 Amount Temporary Outdoor Exhibition $50/Event Tents and Temporary Membrane Structures $40 LICENSES - LIQUOR 2023 Amount 2024 Billing Beer, Off-Sale $75/year $75/year Beer, On-Sale $250/year $250/year Temporary On-Sale Liquor $0 $0 Display and Consumption $300/year $300/year On-Sale Liquor $3,500/year $3,500/year On-Sale Sunday Liquor $200/year $200/year Club License $300/year $300/year Investigation Fee $300 $300 Transfer Fee $300 $300 On-Sale Wine $300/year $300/year Investigation Fee $100/year $100/year Brew Pub $250/year $250/year Cocktail Room $250/year $250/year Taproom $250/year $250/year Investigation Fee $100/year $100/year Page 153 of 211 6 PARKS AND RECREATION The Current Advertising Rates (Full Color Advertising) 2023 Amount To qualify for non-profit status a 501c3 tax exempt status is required. Half Page per Publication Rate: Government/Non-Profit Commercial/For Profit $329$325 $379$375 (H) 7.5 wide x 4.5 high (V) 3.667 wide x 9.25 high Includes Tax Half Page 1-year Rate (4 issues per year) Government/Non-Profit Commercial/For Profit $1,050$1,040/year $1,212$1,200/year Includes Tax Quarter Page per Publication Rate: Government/Non-Profit Commercial/For Profit $228$225 $253$250 3.667 wide x 4.5 high Includes Tax Quarter Page 1 Year Rate (4 issues per year) Government/Non-Profit Commercial/For Profit $727$720/year $808$800/year Includes Tax PARK FACILITIES RENTAL RATES 2023 Amount Shelter Half Day $71$70 (includes tax) 7:00 a.m. – 2:45 p.m. or 3:15 p.m. – 11:00 p.m. 7:00 a.m. - 11:00 p.m. Requires insurance certificate and separate fees for portable toilet and trash service. 8:00 a.m. to 12 p.m. only with minimum two-hour charge. Shelter Full Day $96$95 (includes tax) Event Application Fee $61$60 (includes tax) Events in Parks (150 or more people) $288$285 (includes tax) Weddings $288$285 (includes tax) Warming House Rental Rate Private Skating Party $41$40/hr (includes tax) OUTDOOR FIELD RENTAL RATES 2023 Amount Baseball Fields See Schedule H Soccer Fields See Schedule H Page 154 of 211 7 RAMBLING RIVER CENTER RENTAL RATES 2023 Amount Annual Membership $40$39/individual (includes tax) Includes both regular and fitness center membership Member Incentive Programs 30-day money-back guarantee (Financial Support Program) Fitness Room Non-Member One-Time Visitor Pass $9$8 (includes tax) Rambling River Center Room Rental Rates See Schedule G Rambling River Center Damage Deposit Banquet Room $500 Rambling River Center Damage Deposit Meeting Rooms $75 Rambling River Center Non-Member User Fee $6$5 (includes tax) Rambling River Center Newsletter Advertisement $91$90 (includes tax) 2 inch by 1 inch ad space for 1 year DVD Rental Included with rental fee if requested Sound System Rental $151$150 (includes tax) VCR Rental Included with rental fee if requested RECREATIONAL PROGRAMS 2023 Amount Programs, Lessons, Activities Cover all direct costs Special Event Minimum or no fee charged SCHMITZ-MAKI ARENA ADVERTISING RATES 6/1/22-5/31/23 6/1/23- 5/31/24 Full 4 x 8 Sheet includes tax Entire fee must be paid up front. One Year $455$450/year Three Years $399$395/year ($1,197$1,185 annual) 4 x 4 Sheet includes tax Entire fee must be paid up front. One Year $293$290/year Three Years $263$260/year ($789$780/annual) Ice Resurfacer includes tax Entire fee must be paid up front. One Year $752$745/year Three Years $667$660/year ($2,001$1,980/annual) Dasher Boards includes tax Entire fee must be paid up front. One year $561$555/year Three Years $505$500/year ($1,515$1,500/annual) Page 155 of 211 8 SCHMITZ-MAKI ARENA RATES 6/1/22-5/31/23 6/1/23- 5/31/24 Dry Floor Rental $500/day + tax $150/day + tax (set-up & tear down) Ice Time - Prime Time $260/hr + tax Saturday and Sunday (7:00 a.m. –10:00 p.m.) Monday – Friday (2:00 p.m. – 10:00 p.m.) Ice Time - Non-Prime Time $200/hr + tax Saturday and Sunday (10:15 p.m. –6:45 a.m.) Monday – Friday (10:15 p.m. – 1:45 p.m.) Summer Ice (June-August) $200/hr + tax Open Hockey $11$10 (includes tax) Open Skating $6$5/person (includes tax) Open Skating Free Style $11$10 (includes tax) Open Skating Punch Card 10 punches $54$45 (includes tax) Expires on April 1 each year. Skate Rental $6$5/pair Skate Sharpening $6$5/sharpened pair or 10 sharpened pairs for $54$45 (includes tax) Indoor Turf Rental $95/hour + tax Page 156 of 211 9 PERMITS - BUILDING GENERAL 2023 Amount Building Permit 2009 MN State Statute 326B.1530 (see Schedule I) Grading permit fees may apply Additional Plan Review Fee (after 1st review) Decks, Interior Finishes, Additions $25 Commercial, New SFD/MFD (after 1st review) $100 Re-inspection Fee $80 Basement Finish All Inclusive See Schedule I Includes building, plumbing, HVAC and fireplace Bathroom Finish All Inclusive $105 + state surcharge as recommended by MN state code section Includes building, plumbing and HVAC Building Demolition See Schedule I Building Moving House $160 + state surcharge as recommended by MN state code section 1300.0160 Requires special exception in addition to fees listed Garage $50 + cost of utility locations Surety $10,000 flat Roof Top Solar Panels – Residential $100 Re-Deck and Railing $100 Decks See Schedule I Garages See Schedule I Grading permit fees may apply Gazebos Freestanding See Schedule I Pools Above Ground $105 + state surcharge as recommended by MN state code section 1300.0160 Grading permit fees may apply Inground $180 + state surcharge as recommended by MN state code section 1300.0160 Grading permit fees may apply Retaining Wall (Over 4 feet) Schedule I Grading permit fees may apply Porches See Schedule I Miscellaneous Requested Inspections $105 Investigation Fee/Stop Work Order $80 Permit Pack Reprint $75 Permit Card Reprint $5 Cancelled Permits $10 Plus Plan Review Fee if Applicable Expired Permits 50% of Base Fee Expired Temporary Certificates of Occupancy 50% of Base Fee Page 157 of 211 10 GENERAL 2023 Amount Roof $70 + state surcharge as recommended by MN state code section 1300.0160 Siding $70 + state surcharge as recommended by MN state code section 1300.0160 Window/Door Replacement $70 + state surcharge as recommended by MN state code section 1300.0160 Egress Window $125 + state surcharge as recommended by MN state code section 1300.0160 Combo Permits Two (2) Items $115 + state surcharge as recommended by MN state code section 1300.0160 Two of the following permits: Roof, Siding, or Window/Door Replacement Three (3) Items $150 + state surcharge as recommended by MN state code section 1300.0160 Three of the following permits: Roof, Siding, or Window/Door Replacement Individual On-site Sewage Treatment $350 + Surcharge Re-inspection (after 2 fails) $50 Septic Abandonment $60 Temporary Buildings on Construction Sites $150 ELECTRICAL PERMITS 2023 Amount Single-Family Residential See Schedule L Multi-Family Residential and Commercial See Schedule L Solar PV Installation See Schedule M Page 158 of 211 11 MECHANICAL PERMITS 2023 Amount Fireplace $65/fireplace + state surcharge as recommended by MN state code section 1300.0160 Commercial Heating 1.25% of contract cost + state surcharge (contract valuation x.0005) minimum of $100 Re-inspection $80 Residential Heating New Construction $85 + state surcharge as recommended by MN state code section 1300.0160 Repair/Replace $55 + state surcharge as recommended by MN state code section 1300.0160 Re-inspection $80 PLUMBING PERMITS 2023 Amount Heater, Water Softener $30 + state surcharge as recommended by MN state code section 1300.0160 Commercial Heating Includes Sprinkling Systems 1.25% of contract cost+ state surcharge (contract valuation x .0005) minimum of $100 Re-inspection $80 Residential Heating New Construction $85 + state surcharge as recommended by MN state code section 1300.0160 Repair/Addition $55 + state surcharge as recommended by MN state code section 1300.0160 Re-inspection $80 Page 159 of 211 12 UTILITY SERVICE CONNECTION PERMITS 2023 Amount Erosion Control/Grading/Landscaping/As- builts $225 Includes 2 inspections each for grading and turf Initial Permit Fee Re-inspection Fee $80 Charged for any inspections in addition to those included in the permit fee Escrow - Single Family Residential $3,000 Escrow - All other site grading permits 125% of Estimated Restoration Cost Sewer ROW permit required for work in the ROW plus surety Connection Permit $75 each Lateral Connection Charge $2,160 Lateral Equivalent Charge See assessment rolls City Sewer Availability Charge (CSAC) $590/REU MCES Sewer Availability Charge (SAC) $2,485/REU REU Determination by Metropolitan Council Re-inspection Fee $80 Water Connection Permit $75 each ROW permit required for work in the ROW plus surety Lateral Connection Charge $1,515 each Re-inspection Fee $80 Reserve Capacity Connection (WAC) Fee $2,610/REU Funds construction of trunk infrastructure to support new development. Water connection charge will not apply to fire sprinkler lines. Meters 4” and up will need a separate analysis and the fee will be determined by the city engineer. Page 160 of 211 13 PERMITS - CONSTRUCTION RELATED EXCAVATION & MINING 2023 Amount 0 – 1,000 cubic yards $50 Grading plans required plus personnel charges to review the application. CUP required for 50,000 cubic yards and above. 1,000 – 25,000 $150 25,001 – 50,000 $300 50,001 – 250,000 $500 250,000+ $1,000 Filling $75 + staff time CUP required Landfills, Sludge Ash, Incinerator Ash, etc. $150,000 initial $60,000/year + $30/ton renewal Excavation/Filling/Mining Surety Per estimated costs of code compliance ROW PERMITS 2023 Amount Utility Construction Permit Fee for work up to 1,000 linear feet $160 Fee for work over 1,000 linear feet $0.16 per linear foot Escrow Deposit $500 Minimum General Excavation Permit Fee $160 Escrow Deposit $500 Minimum Obstruction Permit $50 PERMITS - DEVELOPMENT/SUBDIVISION APPLICATION FEES 2023 Amount Annexation Petition $250 + $20/acre up to 10 acres, $5/acre over 10 acres Comprehensive Guide Plan Amendment $450 Conditional Use Permit/Special Exception $250 Interim Use Permit $250 Rezoning Administrative Fee $450 Appeal of Zoning Decision $150 Appeal of Planning Commission Decision $150 Zoning Certificate, Verification of Zoning $25 Site Plan Review $150 Sketch Plan Review $150 Subdivision Waiver, Administrative Fee $125/staff time Vacation of Public Right-of-Way $200 Variance Request $250 Environmental Assessment Worksheet Review Actual cost which may include both personnel and outside services Page 161 of 211 14 APPLICATION FEES 2023 Amount Preliminary Plat Fee $750 base + $10/lot Escrow 3 lots or less $1,000 4-10 lots $2,500 11 or more $5,000 Grading Authorization Surety for 125% of Estimated Construction Costs Inspection Escrow: 5% of Estimated Construction Costs Admin. Fee: 3% of Estimated Construction Costs Final Plat Fee $300 Escrow 3 lots or less $1,000 4-10 lots $2,500 11 or more $5,000 PUD (Planned Unit Development) Fee $500 + $22/acre PUD Amendment Fee $300 Business Subsidy Application (Applicant responsible for any additional costs incurred beyond initial application fee and escrow associated with processing application) Tax Abatement Application Fee $500 plus $6,000 escrow Tax Increment Financing Application Fee $500 plus $10,000 escrow Wetland Conservation Act Administration Fee $250 Wetland Replacement Plan Surety 125% of estimated construction cost Wetland Replacement Plan Monitoring $5,000 5-year Surety Page 162 of 211 15 PLATTING FEES, ESCROWS & SURETIES 2023 Amount Platting fees are generally collected with the approval of a Development Contract. Acreage charges shall be based on the gross area of the development, less floodways, steep slopes, delineated wetlands, and oversizing of county ROW. Fees based on REU shall use the MCES determination for flows. Sanitary Sewer Trunk Area Charge $2,675/acre The Sanitary Sewer Trunk Area Charge funds trunk improvements identified in the city’s Comprehensive Sanitary Sewer Plan. Sealcoating Fee $1.63/sq.yd. of bituminous area This fee funds initial seal coating of newly constructed streets two to three years after initial construction as required by engineering guidelines. Surface Water Management Fee (Development) The Surface Water Management Fee funds the trunk storm water improvements identified in the city’s Surface Water Management Plan. Residential, Low Density $12,744/acre Residential, High Density $21,169/acre Commercial/Industrial/Institutional $25,484/acre Surface Water Quality Management Residential (single/multi) $120/acre The Surface Water Quality Management Fee is collected to fund future excavation of sediments deposited in sedimentation ponds. Commercial/Industrial/School/Other $246/acre Water Trunk Area Charge $4,990/acre The Trunk Area Charge funds the trunk improvements identified in the city’s Water Supply and Distribution Plan. Parkland and Trail Fees Per Parkland Dedication Ordinance Calculation Park Development Fee $25,686/acre Park Development Fee multiplied by the total acres required to be dedicated for parkland in the development. Future Through Street Sign Actual Cost Wetland Buffer, Conservation, and Natural Area Signs Actual cost Public Improvement Surety 125% of Estimated Public Improvement Construction Estimate Contract Administration Escrow 3% of Estimated Public Improvement Construction Estimate Construction Observation Escrow 5% of Estimated Public Improvement Construction Estimate Page 163 of 211 16 PERMITS - SPECIAL 2023 Amount Sign Permit, Review Plans Estimated Value: up to $500 $20 Signs which need a conditional use permit must pay both the established sign permit fee, plus the conditional use permit fee. $500.01 - $1,000 $30 $1,000.01 - $2,500 $60 Over $2,500 $80 Urban Chicken Permit Initial Permit $100 Renewal Permit $40 Dock Permit $40 Page 164 of 211 17 WATER TOWER COMMUNICATION DEVICES 2023 Amount Lease Administration Fee $500 This fee must be paid prior to any research or site meetings. The fee covers staff time or outside costs to review plans and specifications. Surety may be required for any approved work. Lease rates noted are the initial rate indicated in any new lease agreements and the rate will increase by 5% annually on January 1 st, regardless of the date that the lease is signed or type of equipment. Base Lease Rate $4,124.80 ($49,497.59 annually) This lease rate covers up to 3 antennas and 300 sq. ft. of space at the base of the tower. Additional Antenna Lease Rate $1,374.98 ($16,499.70 annually) This rate will be added to the base lease rate, beginning with the 4th antenna array, for each additional antenna array. Additional Space Rental Lease Rate $7.62/month/sq. ft. ($91.44/year/sq. ft.) This charge will apply if the installation occupies more than a total of 300 sq. ft. at the base of the tower. Square footage will be calculated based on a rectangular area described by adding 3 ft. to the maximum width and length, or by the actual size of easement requested, whichever is larger. This will not include access easements, or line easements from the tower to the enclosure/equipment. MISCELLANEOUS 2023 Amount Ag Preserve Filing $75 Candidate Filing $5 10,000 - 100,000 population Code Enforcement Cost Recovery $75 Re-Inspection/ Administrative Fee Plus Cost of Abatement Private Hauler – Commercial Dumpster Annual Fee $100 Page 165 of 211 18 BILLING AND INVOICING CHARGES 2023 Amount Assessment Certification Fee $35 administrative fee + 8% interest Late Payment Penalty 10% of current delinquent charge Returned Item Fee $30 Special Assessment Search $25 COUNTER SALES 2023 Amount CD/DVD $35 Comprehensive Plan Document $40 Copies $.25/page Color Copies 8 1/2 x 11 $.50/page Color copies 11 x 17 $1/page Large Format copy (Excluding 2' Contour) $3/copy Flood Plain Map (Copy of FEMA Map) $5 Flood Plain Map (Other) $15 New Resident List (Photo or Electronic Copies) $3.50/month or $42/year Photographs $5/copy Redevelopment Plan $10 UTILITY CHARGES AND FEES WATER 2023 Amount Base Fee - All Classes $16.38 per quarter Per quarterly bill Volume Charges up to 20,000 gallons $1.82 per 1,000 gallons Tier 1 20,001 gallons to 40,000 gallons $2.72 per 1,000 gallons Tier 2 40,001 gallons and up $3.62 per 1,000 gallons Tier 3 Irrigation Meters $3.62 per 1,000 gallons Hydrant Usage/Water acquired at Maintenance Facility $2/1,000 gallons $60 minimum Hydrant Meter Deposit $5,000 refundable deposit Meter Reading (If no change in ownership) $37.50 Meter Testing Fee $75 Meters Actual Cost + (10% or $30 + tax) whichever is larger amount Water Disconnection Fee $75 Water Reconnection Fee $75 Page 166 of 211 19 SANITARY SEWER 2023 Amount Base Fee Residential $41.94/qtr Includes first 10,000 gallons Commercial $90.23/qtr Includes first 20,000 gallons Volume Charges Residential Use Over 10,000 gallons $5.66/1,000 gallons Based on actual water consumed during the most recent quarter or the customer’s winter quarter whichever is less. Commercial Use Over 20,000 gallons $5.99/1,000 gallons Sump Pump Ordinance Non-Compliance $100/month added to sewer bill OTHER 2023 Amount Storm Water Utility $23.43/storm water unit/qtr Street Light Utility $6.90/REU/qtr PENALTIES 2023 Amount Water Use Restriction Penalties 1st Offense Warning 2nd Offense $50 3rd and Subsequent Offenses $100 Page 167 of 211 20 SCHEDULE G RAMBLING RIVER CENTER ROOM RENTAL RATES* ROOM NAME 2023 Amount Arts and Crafts Room $70 for two-hour time block + $35 each additional hour (capacity 30 people) Banquet Room $400 for four-hour rental block of time and one additional hour for set up and clean up time (five hours total), use of up to 12 round tables and chairs and mandatory cleaning fee for cleaning the room after rental ends, which includes trash removal and tear down. If cleaning takes more than two hours, then billing for additional cleaning time beyond the two hours will be at a rate of $55 per additional hour (capacity 130 people and includes use of kitchenette) $100 for each additional hour rented beyond the original four-hour block. Empire Room $85 for two-hour time block and $43 each additional hour (capacity 57 people) Garage $60 per stall or $200 entire garage per day Garage Set Up/Tear Down $70 per day Two Small Conference Rooms $20 for two-hour time block and $10 each additional hour (capacity 15 people) *Returning regularly scheduled renters receive first priority for rental of the room they rented in the previous year. Page 168 of 211 21 SCHEDULE H OUTDOOR FIELD USE FEE SCHEDULE Non-Tournament Outdoor Field Use Charges: 2023 Amount Adult Groups $56$55 (includes tax) Summer Outdoor Use Fee – Groups primarily serving local youth under 18 years of age. Calculated based on the number of registered participants as of the first day of scheduled practice. $15/participant Youth groups not qualifying or choosing not to pay the Seasonal Use Fee $51$50 (includes tax) Tournaments Outdoor Field Use Charges: 2023 Amount Baseball and Softball Fields $66$65/field/day (includes tax) (fee does not include trash fee) User group must contract with DSI for trash removal Fee includes use plus initial dragging, setting of the base path and pitching, and painting of foul and fence lines once each tournament. Soccer Fields $66$65/field/day (includes tax) (fee does not include trash fee) User group must contract with DSI for trash removal Full size soccer fields may be subdivided into small fields but are only charged per full size field. Any portion of a full size field constitutes use of that full size field. Other Services and Fees 2023 Amount Additional dragging baseball or softball fields $18$17 (includes tax) per field per dragging Additional labor or materials requested by group At prevailing rates Portable Toilets If use is requested by user group, then entire cost paid by user group. Soccer field lining $56$55 (includes tax) per hour for labor + $31$30 (includes tax) per hour for painting Page 169 of 211 22 SCHEDULE I 2009 MN State Statute 326B.1530 BUILDING VALUE RANGE 2023 Amount $0 - $500 $29.50 $501 - $2,000 $28.00 for the first $500 $3.70 per additional $100 $2,001 - $25,000 $83.50 for the first $2,000 $16.55 per additional $1,000 $25,001 - $50,000 $464.15 for the first $25,000 $12.00 per additional $1,000 $50,001 - $100,000 $764.15 for the first $50,000 $8.45 per additional $1,000 $100,001 - $500,000 $1,186.65 for the first $100,000 $6.75 per additional $1,000 $500,001 - $1,000,000 $3,886.65 for the first $500,000 $5.50 per additional $1,000 $1,000,001 and up $6,636.65 for the first $1,000,000 $4.50 per additional $1,000 This fee schedule was developed with information provided by the State Building Codes and Standards Division. Residential Building Valuations 2023 Amount Cost per Square Foot Decks 20.90 Entry Covered Porches 31.90 Four Season Porches 84.33 Garages Wood Frame 45.99 Masonry Construction 31.82 Carport 21.02 Pole Building 20.46 Gazebos, Wood Framed/Screened 58.69 Single Family Dwellings - Basement Finished Basements 29.37 Unfinished Basements 22.55 Crawl Space 12.69 Conversion (Basement Finish) 15.40 All Inclusive Basement Finish 18.70 Single Family Dwellings - Type V - Wood Frame First Floor 97.90 Second Floor 97.90 Five Course 1st Floor Lookout Unfinished 84.33 Sheds 29.37 Three Season Porches, Wood Framed 58.69 Page 170 of 211 23 SCHEDULE J MEETING ROOM GUIDELINES NON-CITY USE City of Farmington ITEM DESCRIPTION The city of Farmington meeting rooms are scheduled by the city Administration Department and are available for use on a rental basis by youth, local civic and resident, non-resident and profit making groups. The policies that follow are needed to insure the proper use and control of the facility so that all people may equally enjoy them. RESERVATION PROCEDURE Requests for use of the rooms should be directed to the Administration Department at 651-280-6803. Reservations will be held verbally for 48 hours without a deposit. Reservations can be made no more than 60 days in advance. MEETING ROOMS City functions have first priority for booking the meeting rooms. The city reserves the right to pre-empt a scheduled use when necessary to conduct essential city business. LARGE COUNCIL CONFERENCE ROOM Accommodates 16 people around a table. Parking accommodates approximately 10 vehicles with on-street parking, 2 handicapped stalls in the back parking lot and additional parking in the Second Street parking lot. SMALL COUNCIL CONFERENCE ROOM Accommodates 10 people around a table. Parking accommodates approximately 10 vehicles with on-street parking, 2 handicapped stalls in the back parking lot and additional parking in the Second Street parking lot. ROOM NAME 2023 Amount Large Conference Room $25 for 2-hour time block $8 each additional hour Small Conference Room $20 for 2-hour time block $8 each additional hour Notes on fees: 1. A reservation date can be tentatively held verbally for 48 hours. 2. The fee may be waived if a city staff member is assigned to a group as a part of their work duties and assumes responsibility for the room reservation. REFUNDS A 30-day cancellation notice is required for a full refund. If we are notified of your cancellation 30 days prior, a full refund will be given. No refunds will be issued for cancellations made less than 30 days prior to an event. PERMITS A permit authorizing the use of the rooms requested will be issued to the applicant after the application is approved. The Administration Department reserves the right to cancel the permit if the regulations of use are violated. Permit holders will not assign, transfer or sublet to others the use of the facilities. The individual signing the permit must be 21 years of age or older. SUPERVISION AND DAMAGE 1. Every group using the facility must be under competent adult (21+) leadership. The organizing user or groups will assume full responsibility for the group’s conduct and any damage to the building or equipment. 2. The city reserves the right to assign or require supervisory staff, police or maintenance personnel at an additional cost to the user if deemed necessary by the particular function or activity. An estimated cost will be calculated at the time of the reservation. The group will be billed for the actual cost after the event. LIABILITY Page 171 of 211 24 The organization or user group using city of Farmington facilities will agree to indemnify the City of Farmington, and its employees for any and all damage to the building, or other property, by any person or persons attending the affair, and likewise, the City of Farmington and its employees against all liability and all damages to any person for injuries, including death. RULES FOR USE 1. The entire building is a smoke free facility and users are responsible for ensuring that members of their group do not smoke within the building. 2. Persons attending meetings or events should stay in the rooms assigned to their use. 3. The City of Farmington requires, as a condition of this agreement, that alcoholic beverages are prohibited. 4. General cleanup of the facility is the responsibility of the group. If any item such as rice or confetti is thrown in the building or on the grounds, your group is responsible for cleaning up this material. Additionally, if the building is not cleaned up, the cost the city incurs for cleanup will be assessed to your group. 5. Technology is not available for non-city users. 6. Events which will be using an open flame such as candles are prohibited. 7. The catering kitchen is not designed for preparing food, but rather for serving food that has already been prepared elsewhere. User groups are responsible for providing their own utensils, serving ware, coffee and condiments. 8. Signs may not be posted outside of City Hall regarding your event. HOURS OF USE The hours of use for the meeting rooms are as follows: Monday – Friday from 8:30 a.m. – 4:00 p.m. The rooms are not available when City Hall is closed in observance of the following holidays: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, 4th of July, Labor Day, Veteran’s Day, Thanksgiving Day and the day following, Christmas Eve and Christmas Day. ROOM SET-UP AND DECORATIONS Adhering decorations or any items to walls, tables, chairs, etc. in any manner is prohibited. The above guidelines have been established for your benefit and to promote responsible use. The City Administrator must approve exceptions to these policies. Page 172 of 211 25 SCHEDULE L - PAGE 1 REQUEST FOR ELECTRICAL INSPECTION (REI) PERMIT Single Family Residential ITEM DESCRIPTION 2023 Amount Basement remodel/finish up to 11 circuits - 2 inspections $82 City service fee $10 Fireplace per inspection $41 Furnace or furnace and air conditioner - per trip $41 Garage additions/remodel up to 11 circuits - 2 inspections $82 Inspection fee - one trip $46 Inspection fee - two trips $82 Investigation fee or the total inspection fee, whichever is greater up to $1,000 $82 New home and service up to 400 amps and up to 30 circuits - 2 inspections $170 New home and service 401 to 800 amps and up to 30 circuits $174 More than 30 circuits $7.35 each New home extra inspections $41 Off peak systems - per inspection $41 Per circuit calculation $7.35 per circuit Per trip calculation $41 per trip Pools up to 11 circuits - 2 inspections $82 Porches/additions up to 11 circuits - 2 inspections $82 Re-inspection fee - per trip $41 Residing home - per inspection $41 Service upgrade up to 400 amps plus circuits $41 Reconnect circuits $2.35 each New extend $7.35 each Service upgrade up to 800 amps plus circuits $70 Reconnect circuits $2.35 each New extend $7.35 each Single trip inspection $41 State surcharge $1 Separate grounding residential $41 Service panel residential $100 Service panel and remodel residential $170 Page 173 of 211 26 SCHEDULE L - PAGE 2 REQUEST FOR ELECTRICAL INSPECTION (REI) PERMIT Multi Family Residential & Commercial ITEM DESCRIPTION 2023 Amount 0-400 amp power source $70 401 - 800 amp power source $120 Over 800 amp power source $170 Carnivals/fair 2-hour charge minimum plus power supplies and units $180 City service fee $10 Commercial remodel up to 12 circuits - 2 inspections $82 Concrete encased electrode inspection $41 Electric and LED signs and outside lighting transformers/power supplies each $41 Fire and temp control each device $41 Furnace and air conditioner or combinations per trip $41 Inspection fee - one trip $41 Per trip charge minimum $41 Investigation fee - total fee doubled $82 or total fee doubled, whichever is greater up to $1000 Luminaire retrofit modifications per fixture $0.33 Multi-family units up to 12 circuits - 2 inspections per unit $100 New or extended circuits each up to 200 amps $7.35 New or extended circuits above 200 amps each $18.85 Separate bonding inspections for swimming pools and equipotential planes per trip $46 Special inspection fee plus mileage at current IRS mileage rate $100/hour State surcharge $1 Transformer up to 10KVA each $17.50 Transformer above 10KVA each $35 RV pedestal $41 Swimming pool commercial $82 Street/parking lot/outdoor or traffic standards $6 MFG home pedestal $41 New multi-family dwelling $100 Failure to file permit $82 or total fee doubled, whichever is greater up to $1000 Page 174 of 211 27 SCHEDULE M SOLAR PV INSTALLATION ELECTRICAL INSPECTION FEES Single Family Residential ITEM DESCRIPTION 2023 Amount 0 watts to 5,000 watts $90 5,001 watts to 10,000 watts $150 10,001 watts to 20,000 watts $225 20,001 watts to 30,000 watts $300 30,001 watts to 40,000 watts $375 40,001 watts to 1,000,000 watts $375 Plus $37.50 for each additional 10,000 watts over 40,000 1,000,000 watts to 5,000,000 watts $3,975 Plus $25 for each additional 10,000 watts over 1,000,000 5,000,000 watts or larger $10,810 Plus $15 for each additional 10,000 watts over 5,000,000 Page 175 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Preliminary 2024 General Fund Budget and Tax Levy Meeting: Regular Council - Sep 18 2023 INTRODUCTION: State Statute requires that the proposed property tax levy for the upcoming year be certified to Dakota County on or before October 2, 2023. The City Council is being asked to adopt the 2024 proposed property tax levy, which will be included in the proposed property tax statements that are mailed to taxpayers in November. DISCUSSION: The City Council discussed the 2024 General Fund budget and tax levy at work sessions in August and September. The proposed budget and tax levy are shown below. 2023 Budget 2024 Proposed Budget Increase (Decrease) Expenditures $16,884,783 $19,184,407 13.62% Less: Revenues 3,796,853 4,690,700 23.54% Less: Fiscal Disparities 2,407,636 2,098,009 (12.86)% General Fund Levy 10,680,294 12,395,698 16.06% Add: Debt Service Levy 2,069,565 1,763,100 (14.81)% Add: EDA Levy - 150,000 100% Net Tax Levy $12,749,859 $14,308,798 12.23% General Fund Revenues Revenues for the General Fund continue to move in a positive direction reflecting a 23.54% increase from 2023. The General Fund has revenues outside of the tax levy. These revenues come from a variety of sources shown below. 2023 Budget 2024 Proposed Budget Increase (Decrease) Licenses and Permits $915,470 $779,050 (14.90)% Intergovernmental 623,320 769,110 23.39% Charges for Service 605,919 729,930 20.47% Page 176 of 211 Fines and Forfeitures 55,000 55,000 0.00% Investment Income 51,000 10,000 (80.39)% Miscellaneous 48,410 63,100 30.34% Transfers In 1,497,734 2,284,510 52.53% Total Revenues $3,796,853 4,690,700 23.54% Revenue items of note in the draft 2024 budget: • Licenses and Permit revenue reflects a decrease of $136,420 primarily due to a slow down of single family home construction in the city as a result of increased interest rates over the last 15 months. • Intergovernmental revenues will reflect an increase of $145,790 due to increases in MSA Maintenance, Fire and Police State Aid, and increases in federal, state, and county grants. • Charges for Service revenue reflects a $124,011 increase due to increased Fire charges and engineering fees. • Transfers are budgeted to increase due to increased transfers from the utility funds to cover administration and human resources costs, a $250,000 transfer from the Employee Expense Fund to fund pay plan adjustments to market, and a $300,000 operating transfer. General Fund Expenditures The proposed 2024 expenditures are summarized below. 2023 Budget 2024 Proposed Budget Increase (Decrease) Administration $1,159,523 $1,406,345 21.29% Human Resources 401,235 439,839 9.62% Dakota Broadband 45,500 - (100)% Finance 848,407 968,120 14.11% Police 5,664,569 6,203,145 9.51% Fire 1,742,006 1,795,783 3.09% Community Development 1,191,555 1,446,254 16.66% Engineering 862,897 989,680 21.47% Municipal Services 1,716,574 1,980,327 15.37% Parks & Recreation 1,610,495 1,785,914 10.89% Transfers Out 1,642,022 2,169,000 32.09% Total Expenditures $16,884,783 $19,184,407 13.62% Human Resource Costs All of the budgets include estimated human resource costs based on approved union contracts and estimates for employee benefits and worker's compensation premiums. All union contracts have been settled through 2024. In addition, the City has been notified that we will receive a 9% increase in our health insurance premiums for 2024. Expenditure items of note in the preliminary 2024 budget include: Page 177 of 211 • First year of the Economic Development Authority Levy. The levy amount is $150,000. • Two new public works maintenance workers and a half-time grant writer position. • Increases in IT charges and Fleet charges to the General Fund. • New finance/accounting/payroll/utility software. • Increase EAB funding to $600,000. • Increase in the pay plans to the 75th Percentile of Market. Fiscal Disparities This is a metro wide program that is used to balance the development of commercial and industrial growth throughout the region. For 2024, the Fiscal Disparities distribution to the city decreased by $309,627 to $2,098,009. This will have the effect of increasing the net tax levy for 2024. Debt Levy The Debt Service Funds budget provides funding for scheduled debt principal and interest repayment obligations, as well as ongoing trustee, assessments, arbitrage, and post -issuance compliance fees related to the city's debt. The levy includes both General Obligation bonds and Interfund loans. The 2024 debt levy is 14.81% percent lower than the 2023 debt levy. The decrease in debt is due to the reduction in the debt service levy for the Series 2019A bonds. Additional Notes The City continues to make progress to reach adequate funding levels in several areas including street fleet management EAB maintenance, and maintenance, trail maintenance, building replacement. The taxable market value of the average residential property in Farmington will be $354,352 in 2024. This is a 4.43% increase from the 2023 average residential property. The current proposed 2024 tax levy amount would increase the city tax on the average property by $173 per year. Keep in mind the values are one year behind and these are payable 2024 values. BUDGET IMPACT: The budget impact is summarized with the content of this memo. ACTION REQUESTED: Hear the presentation that will be made by City Staff and ask any questions you may have. Once the City Council is comfortable, a motion should be made to: • Adopt Resolution R62-23 Adopting the Preliminary Budget and Setting the 2024 Preliminary Tax Levy and Debt Service Levy, establishing the 2024 preliminary tax levy as proposed. • Set the public input meeting prior to the adoption of the final 2024 budget and tax levy for Monday, December 4, 2023, at 7:00 p.m. ATTACHMENTS: 2024 Prelim Budget 9-18-23 Resolution 2024 Budget Statements 09 18 2023 Page 178 of 211 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R62-23 RESOLUTION ADOPTING THE PRELIMINARY BUDGET AND SETTING THE 2024 PRELIMINARY TAX LEVY AND DEBT SERVICE LEVY WHEREAS, Minnesota State Statute currently in force requires certification of the proposed tax levy to the Dakota County Auditor on or before October 2, 2023; and WHEREAS, the City Council of the City of Farmington, Minnesota, is in receipt of the proposed 2024 revenue and expenditure budget; and WHEREAS, the City Council shall use existing City revenues to meet the annual debt obligations for 2016B GO Capital Improvement Plan Refunding Bonds of $30,540; thereby reducing the total debt levy issued and collected from property taxes to $636,000. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Farmington that the following sums of money be levied in 2023, collectible in 2024, upon the taxable property in said city of Farmington for the following purposes: General Fund $14,493,707 Debt Levy + $1,643,100 Tax Abatement + $120,000 Economic Development Authority + $150,000 Gross Levy $16,406,807 Fiscal Disparities - $2,098,009 Net Tax Levy $14,308,798 Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of September 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 179 of 211 Resolution No. R62-23 Page 2 of 2 2024 DEBT SERVICE LEVY Fund Project Levy Amount 3093 2015A GO Improvement Bond $285,495 3136 2016B GO Refunding Bond $636,000 3139 2020A GO Equipment Certificates $266,438 3141 2022A GO Bonds $359,167 Total Bond Financing $1,547,100 3130 2005C GO Capital Improvement Bond $ 96,000 Total Debt Levy $1,643,100 3141 2022A GO Bonds Tax Abatement $120,000 Total Debt Levy and Tax Abatement Levy $1,763,100 Page 180 of 211 Company 2022 Budget 2023 Budget Budget % Change 2024 Proposed Budget Change % Non-Property Tax Revenues Licenses and Permits 736,700 915,470 24.27%779,050 -14.90% Intergovernmental Revenue 672,087 623,320 (7.26)%769,110 23.39% Charge for Service 602,460 605,919 0.57%729,930 20.47% Fines and Forfeitures 50,000 55,000 10.00%55,000 0.00% Investment Income 41,600 51,000 22.60%10,000 -80.39% Miscellaneous 80,878 48,410 (40.14)%63,100 30.34% Transfers In 1,427,858 1,497,734 4.89%2,284,510 52.53% Total Revenues 3,611,583 3,796,853 5.13%4,690,700 23.54% Expenditures Administration 1,099,249 1,159,523 5.48%1,406,345 21.29% Human Resource 402,112 401,235 (0.22)%439,839 9.62% Dakota Broadband 45,500 45,500 0.00%- -100.00% Finance and Risk Mgmt 818,759 848,407 3.62%968,120 14.11% Police 5,279,810 5,664,569 7.29%6,203,145 9.51% Fire 1,592,646 1,742,006 9.38%1,795,783 3.09% Community Development 1,059,182 1,239,709 12.50%1,446,254 16.66% Engineering 850,411 814,743 1.47%989,680 21.47% Municipal Services 1,609,704 1,716,574 6.64%1,980,327 15.37% Parks and Recreation 1,329,737 1,610,495 21.11%1,785,914 10.89% Transfers Out 1,642,609 1,642,022 (0.04)%2,169,000 32.09% Total Expenditures 15,729,719 16,884,783 7.34%19,184,407 13.62% Revenues Over (Under) Expenditures (12,118,136)(13,087,930)8.00%(14,493,707)10.74% EDA Levy - - 0.00%150,000 100.00% Total EDA Levy - - 0.00%150,000 100.00% Debt Levy Bonds 2,099,788 1,903,565 (9.34)%1,667,101 -12.42% 2005C Loan Repay-Storm Water Tr Adv 166,000 166,000 0.00%96,000 -42.17% Total Debt Levy 2,265,788 2,069,565 (8.66)%1,763,101 -14.81% Gross Levy 14,383,924 15,157,495 5.38%16,406,808 8.24% Fiscal Disparities (2,351,400)(2,407,636)2.39%(2,098,009)-12.86% Farmington Net Tax Levy 12,032,524 12,749,859 5.96%14,308,799 12.23% City of Farmington Budget and Tax Levy 2022 Budget, 2023 Budget and 2024 Proposed Page 181 of 211 Object Account 2021 Budget 2022 Budget 2023 Budget 2024 Proposed LIQUOR LICENSES 40,000 40,000 37,000 37,000 BEER & WINE LICENSES 1,100 800 800 800 CLUB LICENSES 500 500 500 500 MASSAGE LICENSE 300 50 50 50 GAMBLING LICENSE/PERMIT 250 150 300 450 OTHER LICENSE & PERMIT 1,700 1,400 1,800 2,300 ANIMAL LICENSES 2,500 2,000 2,900 - Licenses 46,350 44,900 43,350 41,100 BUILDING PERMITS 380,876 590,000 762,770 609,000 REINSPECTION FEES 1,500 1,200 5,000 5,000 CODE ENFORCEMENT FEES 1,500 900 900 900 PLUMBING & HEATING PERMITS 50,000 60,000 60,000 65,000 ELECTRIC PERMITS 16,000 20,000 23,000 23,000 ISTS PERMITS 300 250 250 500 UTILITY PERMITS 10,500 10,500 11,000 23,740 SIGN PERMITS 800 700 900 900 BURNING PERMITS 1,250 1,250 1,300 1,300 OTHER PERMITS 8,000 7,000 7,000 8,610 Permits 470,726 691,800 872,120 737,950 Licenses and Permits 517,076 736,700 915,470 779,050 FEDERAL GRANT 5,000 5,000 3,100 5,600 LOCAL GOVERNMENT AID 105,587 105,587 - - MSA MAINTENANCE 184,000 184,000 185,400 257,390 POLICE AID 198,000 205,000 225,000 240,000 POST TRAINING 15,160 15,000 25,000 25,000 FIRE AID 142,490 150,000 175,000 195,000 STATE GRANT 4,325 - 3,700 17,500 MARKET VALUE CREDIT - - - 2,500 COUNTY MISCELLANEOUS 13,350 7,500 6,120 26,120 Intergovernmental 667,912 672,087 623,320 769,110 CUSTOMER SERVICES NONTAXABLE 210 135 150 380 ZONING & SUBDIVISION FEES 2,600 3,000 4,000 3,500 ADMINISTRATION FEES - PROJECTS 4,000 4,000 7,500 9,000 FIRE CHARGES 239,227 258,940 264,177 367,010 POLICE SERVICE CHARGES 78,810 80,385 81,992 83,630 ENGINEERING FEES - PROJECTS - - - 24,890 EROSION & SEDIMENT CONTROL 8,100 9,500 14,000 22,280 RECREATION FEES - GENERAL 75,000 75,000 62,000 65,000 RECREATION FEES - SENIOR CTR 15,000 17,000 17,500 23,000 MEMBERSHIP FEES - SENIOR CTR 6,000 7,500 7,600 9,000 ADVERTISING 750 500 500 1,040 ADVERTISING 1,500 1,500 1,500 1,200 FRANCHISE FEE 145,000 145,000 145,000 120,000 Charges For Services 576,197 602,460 605,919 729,930 COURT FINES 49,000 50,000 55,000 55,000 Fines & Forfeitures 49,000 50,000 55,000 55,000 INTEREST ON INVESTMENTS 29,100 41,600 51,000 10,000 Investment Income 29,100 41,600 51,000 10,000 RENTAL INCOME - RRC 18,000 18,000 7,710 8,500 RENTAL INCOME - FIELD RENTAL - - - 4,100 RENTAL INCOME 29,670 28,678 29,000 25,000 MISCELLANEOUS REVENUE 31,700 34,200 4,200 5,600 DONATIONS - - 2,500 4,900 REFUNDS & REIMBURSEMENTS - - 5,000 15,000 Misc Revenue 79,370 80,878 48,410 63,100 OPERATING TRANSFERS 1,379,689 1,427,858 1,497,734 2,284,510 Transfers In 1,379,689 1,427,858 1,497,734 2,284,510 Total Revenues 3,298,344 3,611,583 3,796,853 4,690,700 General Fund Detailed Non-Property Tax Revenue Summary 2021 Budget, 2022 Budget, 2023 Budget and 2024 Proposed Page 182 of 211 Company 2021 Budget 2022 Budget 2023 Budget 2024 Proposed Expenditures Administration Legislative 87,392 87,259 110,262 116,964 Administration 321,712 469,641 528,826 651,927 Elections 9,351 47,948 10,000 60,572 Communications 114,900 132,916 134,785 154,958 City Hall 369,560 361,485 375,650 421,924 Administration 902,915 1,099,249 1,159,523 1,406,345 Human Resources Human Resource 361,658 402,112 401,235 439,839 Human Resources 361,658 402,112 401,235 439,839 Dakota Broadband Dakota Broadband 37,500 45,500 45,500 - Dakota Broadband 37,500 45,500 45,500 - Finance and Risk Management Finance 603,097 648,309 658,857 753,210 Risk Management 173,190 170,450 189,550 214,910 Finance and Risk Management 776,287 818,759 848,407 968,120 Police Police Administration 1,263,014 1,356,642 1,382,034 1,529,104 Patrol Services 2,639,752 2,929,249 3,228,428 3,545,612 Investigations 926,430 974,019 1,032,707 1,112,529 Emergency Management 16,600 19,900 21,400 15,900 Police 4,845,796 5,279,810 5,664,569 6,203,145 Fire Fire 1,435,685 1,592,646 1,742,006 1,795,783 Fire 1,435,685 1,592,646 1,742,006 1,795,783 Community Development Planning 567,681 624,475 554,687 674,681 Building Inspection 440,168 434,707 685,022 771,573 Community Development 1,007,849 1,059,182 1,239,709 1,446,254 Engineering Engineering 694,134 725,816 672,459 838,685 Natural Resources 119,761 124,595 142,284 150,995 Engineering 813,895 850,411 814,743 989,680 Municipal Services Streets 1,268,832 1,358,489 1,436,409 1,690,299 Snow Removal 242,355 251,215 280,165 290,028 Municipal Services 1,511,187 1,609,704 1,716,574 1,980,327 Parks and Recreation Park Maintenance 733,607 677,974 979,476 1,100,326 Rambling River Center 185,054 227,731 204,199 223,671 Park & Rec Admin 304,383 324,745 210,945 260,353 Recreation Programs 94,297 99,287 215,875 201,564 Parks and Recreation 1,317,341 1,329,737 1,610,495 1,785,914 Transfers Out 822,351 1,642,609 1,642,022 2,169,000 Transfers Out 822,351 1,642,609 1,642,022 2,169,000 Total Expenditures 13,832,464 15,729,719 16,884,783 19,184,407 General Fund Expenditure Detail Summary 2021 Budget, 2022 Budget 2023 Budget and 2024 Proposed Page 183 of 211 Total City Budget Special Debt Capital Internal 2024 General Revenue Service Projects Enterprise Service Budget Financial Sources Property Taxes $ 14,493,707 $ 275,000 $ 1,763,100 -$ -$ -$ $ 16,531,807 Licenses & Permits 779,050 - - - - - 779,050 Intergovernmental 769,110 - - 215,000 - - 984,110 Charges for Services 729,930 479,500 - 665,400 13,712,844 4,861,258 20,448,932 Special Assessments - - 437,000 - - - 437,000 Fines and Forfeitures 55,000 - - - - - 55,000 Miscellaneous 73,100 36,910 - 68,000 341,589 14,300 533,899 Other Financing Sources 2,284,510 195,000 - 3,795,000 - 285,120 6,559,630 Total $ 19,184,407 $ 986,410 $ 2,200,100 $ 4,743,400 $ 14,054,433 $ 5,160,678 $ 46,329,428 Financial Uses General Government $ 2,814,304 $ 117,850 -$ $ 130,500 -$ -$ $ 3,062,654 Police 6,203,145 7,500 - 100,000 - - 6,310,645 Fire 1,795,783 - - 362,500 - - 2,158,283 Community Development 1,446,254 150,000 - - - - 1,596,254 Public Works 2,970,007 - - 3,558,000 - - 6,528,007 Parks and Recreation 1,785,914 572,551 - 256,000 - - 2,614,465 Enterprise Funds - - - - 12,721,325 - 12,721,325 Internal Service Funds - - - - - 5,094,573 5,094,573 Other Financing Uses 2,169,000 - 559,120 100,000 3,481,510 250,000 6,559,630 Debt Service Principal - - 1,520,000 - - - 1,520,000 Interest - - 305,250 - - - 305,250 Total $ 19,184,407 $ 847,901 $ 2,384,370 $ 4,507,000 $ 16,202,835 $ 5,344,573 $ 48,471,086 Net Change in fund Balances or net position -$ $ 138,509 $ (184,270) $ 236,400 $(2,148,402) $ (183,895) $ (2,141,658) Page 184 of 211 Special Revenue Funds TIF Police Park Ice 2024 EDA Trident Donations Improvement Arena Budget Revenues and other financing sources Revenues Property taxes 150,000$ 125,000$ -$ -$ -$ 275,000$ Charges for service - - - 50,000 429,500 479,500 Interest income 1,000 400 50 1,000 400 2,850 Miscellaneous - - 10,000 7,560 16,500 34,060 Other financing sources Transfers in 50,000 - - 125,000 20,000 195,000 Total revenues and other financing sources 201,000 125,400 10,050 183,560 466,400 986,410 Expenditures and other financing uses Expenditures General government - 117,850 - - - 117,850 Public safety - - 7,500 - - 7,500 Community development 150,000 - - - - 150,000 Parks & recreation - - - 7,000 565,551 572,551 Total expenditures and othe financing uses 150,000 117,850 7,500 7,000 565,551 847,901 Net change in fund balances 51,000$ 7,550$ 2,550$ 176,560$ (99,151)$ 138,509$ Page 185 of 211 Debt Service 2005C 2016B G.O. Storm 2015A G.O.Capital 2019A G.O. Water Street Improvement Street 2020 G.O.2022A Closed Trunk Reconstruction Refunding Reconstruction Equipment G.O.2024 Bond Fund Loan Bonds Bonds Bonds Certificates Bonds Budget Revenues: Taxes -$ 96,000$ 285,495$ 636,000$ -$ 266,438$ 479,167$ 1,763,100$ Special assessments: Principal 437,000 - - - - - - 437,000 Total Revenues 437,000 96,000 285,495 636,000 - 266,438 479,167 2,200,100 Expenditures: Principal - - 235,000 560,000 210,000 220,000 295,000 1,520,000 Interest - - 35,425 68,200 5,250 29,250 153,725 291,850 Fiscal agent fees - - 3,450 3,450 2,950 2,950 600 13,400 Other financing uses Transfers out 463,120 96,000 - - - - - 559,120 Total expenditures and othe financing uses 463,120 96,000 273,875 631,650 218,200 252,200 449,325 2,384,370 Net change in fund balances (26,120)$ -$ 11,620$ 4,350$ (218,200)$ 14,238$ 29,842$ (184,270)$ Purpose Fire 195th Street City Hall &Street Recon Fire Ladder Spruce/ Station Project 1st Street and Utility Truck Division Garage Street & Parking Lots Page 186 of 211 Captial Project Funds Capital Storm Sewer Cable Project Fire Water Recreation Water Gen Cap Street Trail Building Emerald 2024 2024 Trunk Fund Reserve Capital Trunk Capital Trunk Equip Maint.Maint.Maint.Ash Borer Street Imp Budget Revenues Intergovernmental -$ -$ -$ 215,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 215,000$ Charges for service 68,400 77,000 - - 200,000 - 320,000 - - - - - - 665,400 Miscellaneous - - - - - 20,000 - 48,000 - - - - - 68,000 Other financing sources Transfers in - - - - 96,000 - - 550,000 804,000 170,000 75,000 600,000 1,500,000 3,795,000 Total revenues and other financing sources 68,400 77,000 - 215,000 296,000 20,000 320,000 598,000 804,000 170,000 75,000 600,000 1,500,000 4,743,400 Expenditures General government - 116,850 - - - - - 13,650 - - - - - 130,500 Public safety - - - 362,500 - - - 100,000 - - - - - 462,500 Public Works - - - - - - - 450,000 1,008,000 - - 600,000 1,500,000 3,558,000 Parks & recreation - - - - - 11,000 - - - 170,000 75,000 - - 256,000 Other financing uses Transfers out - - 100,000 - - - - - - - - - - 100,000 Total expenditures and other financing uses - 116,850 100,000 362,500 - 11,000 - 563,650 1,008,000 170,000 75,000 600,000 1,500,000 4,507,000 Net change in fund balances 68,400$ (39,850)$ (100,000)$ (147,500)$ 296,000$ 9,000$ 320,000$ 34,350$ (204,000)$ -$ -$ -$ -$ 236,400$ Pa g e 1 8 7 o f 2 1 1 Enterprise Funds Storm Street 2024 Liquor Sewer Water Water Light Budget Revenues Sales 6,579,234$ 3,169,820$ 1,425,820$ 2,307,970$ 230,000$ 13,712,844$ Less cost of sales (4,869,908) - - - - (4,869,908) Net Sales 1,709,326 3,169,820 1,425,820 2,307,970 230,000 8,842,936 Non-operating reveneus Interest income 22,529 - - - 1,500 24,029 Other revenues 1,000 4,050 - 312,510 - 317,560 Total revenues and other financing sources 1,732,855 3,173,870 1,425,820 2,620,480 231,500 9,184,525 Expenses and transfers out Operating expenses Personal services 705,044 8,100 1,200 16,812 - 731,156 Other services and charges 521,200 266,240 684,580 857,086 222,850 2,551,956 MCES charges - 2,251,005 - - - 2,251,005 Depreciation 82,500 690,000 475,000 1,050,000 - 2,297,500 Non-operating expenses Interest expense - - - 19,800 - 19,800 Transfers out 223,890 1,027,390 1,052,920 1,177,310 - 3,481,510 Total expenses and transfers out 1,532,634 4,242,735 2,213,700 3,121,008 222,850 11,332,927 Net change in fund balances 200,221$ (1,068,865)$ (787,880)$ (500,528)$ 8,650$ (2,148,402)$ Capital Outlay 25,000$ 253,000$ 303,834$ 6,475,000$ -$ 7,056,834$ Page 188 of 211 Internal Service Funds Employee Property &Information 2024 Expense Liability Fleet Technology Budget Revenues Charges for services 3,238,503$ 380,000$ 269,930$ 972,825$ 4,861,258$ Interest income 7,000 2,500 1,300 3,500 14,300 Other financing sources Transfers in - 22,000 - 263,120 285,120 Total revenues and other financing sources 3,245,503 404,500 271,230 1,239,445 5,160,678 Expenses Personal services 3,198,699 - 263,394 266,877 3,728,970 Other services and charges - 470,000 90,936 799,667 1,360,603 Depreciation - - 5,000 - 5,000 Other financing uses Transfers out 250,000 - - - 250,000 Total expenses and transfers out 3,448,699 470,000 359,330 1,066,544 5,344,573 Net change in fund balances (203,196)$ (65,500)$ (88,100)$ 172,901$ (183,895)$ Capital Outlay -$ -$ 6,000$ 137,450$ 143,450$ Page 189 of 211 CITY OF FARMINGTON TRANSFERS (TO) FROM OTHER FUNDS 2024 Budget TRANSFERS TO CITY FUNDS: File:Budget/Transfers GENERAL 5600 5600.5 1000 2000 2300 2500 4400 Gen Cap Eq Gen Cap Eq 5700 5810 5811 5812 2024 7100 7400 TOTAL General Fund EDA Park Impr.Ice Arena Storm Wtr Tr Vehicles Police Veh.Maintenance Trail Maint Bldg Maint EAB Street Imp Insurance IT Fund TRANSFERS OUT TRANSFERS FROM: CITY FUNDS: GENERAL FUND 1000 General Fund 50,000.00 20,000.00 450,000.00 100,000.00 684,000.00 170,000.00 75,000.00 600,000.00 20,000.00 2,169,000.00 SPECIAL REVENUE FUNDS - - DEBT SERVICE FUNDS 3000 Closed Bond Fund 200,000.00 263,120 463,120.00 3130 2005C 96,000.00 96,000.00 CAPITAL PROJECTS FUNDS Capital Project Reserve 100,000.00 100,000.00 ENTERPRISE FUNDS 6100 Municipal Liquor 97,890.00 125,000.00 1,000.00 223,890.00 6202 Sewer-Admin 97,760.00 40,000.00 450,000.00 1,000.00 588,760.00 6202 Sewer-HR 438,630.00 438,630.00 6402 Storm Water-Admin 97,670.00 40,000.00 450,000.00 587,670.00 6402 Storm Water-HR 465,250.00 465,250.00 6502 Water-Admin 97,690.00 40,000.00 600,000.00 737,690.00 6502 Water-HR 439,620.00 439,620.00 7000 Employee Expense Fund 250,000.00 250,000.00 TOTAL TRANSFERS IN 2,284,510.00 50,000.00 125,000.00 20,000.00 96,000.00 450,000.00 100,000.00 804,000.00 170,000.00 75,000.00 600,000.00 1,500,000.00 22,000.00 263,120 6,559,630.00 6,559,630.00 Pa g e 1 9 0 o f 2 1 1 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Kimley-Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overlay Project, Feasibility Study and 30% Design Meeting: Regular Council - Sep 18 2023 INTRODUCTION: At the August 21, 2023, City Council meeting, the 2024 Street and Utility Improvements and 2024 Mill & Overlay project areas were approved. The project areas included the following: 2024 Street and Utility Improvements • 6th Street from CSAH 74 (Ash Street) to 200 feet south of Walnut Street. • Maple Street from 4th Street to 6th Street. • Maple Street east of 6th Street. 2024 Mill & Overlay Project • Upper 182nd Street from CSAH 31 (Pilot Knob Road) to Dunbury Avenue. • Euclid Street/Path from Upper 182nd Street to Englewood Way. • Embry Avenue from Echo Lane to Embers Avenue. • Embers Avenue from 195th Street to Dunbury Avenue. • 208th Street from Edmonton Avenue to east end. • Eaton Avenue from 208th Street to 530 feet south. • 213th Street from TH 3 to Cambodia Avenue. • 9th Street from TH 3 to Spruce Street. • Spruce Street form TH 3 to 10th Street. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Kimley-Horn is one of the firms in the consultant pool and has extensive experience with similar projects. Based on the approved project areas, City Staff has worked cooperatively with Kimley-Horn staff to develop the attached scope of work and budget. The scope includes the following: TASK 1 – PROJECT MANAGEMENT, MEETINGS, COORDINATION AND DATA COLLECTION 1.1 General Project Management and Scheduling Page 191 of 211 1.2 Project Management Team Meetings 1.3 Topographic Surveys TASK 2 – PUBLIC ENGAGEMENT 2.1 Neighborhood Meetings 2.2 Stakeholder Coordination Meetings 2.3 Public Information Mailings 2.4. PublicCoordinate (interactive public feedback map) TASK 3 – FEASIBILITY REPORT AND PROJECT LAYOUT 3.1 Feasibility Report 3.2 Preliminary Project Layout The general schedule for the projects is as follows: August 2023 Project scoping September 2023 Selection of design consultant October-November 2023 Prepare feasibility report; geotechnical investigation; topographic surveys; identify easement needs (if any); initial inter-agency coordination (as needed); sanitary and storm sewer televising; neighborhood meetings; wetland delineation (as needed) November-December 2023 Final design; preparation of plans and specifications; final utility coordination January 2024 Finish final design; final plan review; preparation for bidding; permits; advertisement for bids February 2024 Open bids, award construction contract February-March 2024 Pre-construction meeting March 2024 Post contract award & pre-construction neighborhood meeting May 2024 Begin construction (as weather permits) September, 2024 Substantial completion of construction October, 2024 Page 192 of 211 Final completion September, 2026 Two-year warranty inspection BUDGET IMPACT: The proposed Capital Improvement Program (CIP) includes $3,000,000 per year for street and utility improvements and an additional $1,000,000 per year for mill & overlay projects. The limits of the proposed work areas were identified based on these amounts which will include engineering and other costs. Based on the proposed work scope, the estimated not to exceed amount for this work is $62,125. The City will incur additional costs directly for sanitary and storm sewer televising of all work areas and the geotechnical exploration for the reconstruction project areas. ACTION REQUESTED: Approve the Professional Services Agreement with Kimley -Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overlay Project, Feasibility Study and 30% Design ATTACHMENTS: 2024 Proposed Project Areas 082123 091823 PSA KH 2024 Street Recon and M&O Feasibility signed Page 193 of 211 Page 194 of 211 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 18th day of September, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Kimley-Horn and Associates, Inc., a Minnesota Corporation, whose business address is 767 Eustis Street, Suite 100, St. Paul, MN 55114 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Dan Coyle, Vice President (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $62,125 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 195 of 211 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred but only to the extent caused by negligent or intentional act or omission of the Engineer, its agents, contractors Page 196 of 211 224345v1 and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. Page 197 of 211 224345v1 e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, and Professional Liability Policy shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s Page 198 of 211 224345v1 right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from Page 199 of 211 224345v1 City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 200 of 211 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. The Engineer shall have the right to terminate this Agreement upon Thirty (30) days’ notice to the City upon breach by the City of any of its obligations under this Agreement. In the event of such termination, the Engineer shall be paid for all services performed up to the effective date of the termination. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 201 of 211 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: September 18, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________[title] Page 202 of 211 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 203 of 211 Page 1 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 S eptember 1, 2023 Mr. John Powell, P.E. Public Works Director / City Engineer City of Farmington 430 Third Street Farmington, MN 55024 RE: Proposal for Feasibility Study and 30% Design 2024 Street and Utility Improvements and 2024 Mill & Overlay Project Areas Dear Mr. Powell, Kimley-Horn and Associates, Inc. (“Kimley -Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Farmington (“Client”) for providing preliminary engineering, a feasib ility study, and final design for the City of Farmington 2024 Street and Ut ility Improvements and 2024 Mill and Overlay Project. Project Understanding The City of Farmington City Council approved the 2024 Street and Ut ility Improvements and 2024 Mill & Overlay Project Areas on August 21, 2023. The total project budget established for these projects is $4M. These projects include improvements in the following areas: Reconstruction Area - 900 LF of Maple St from 4 th Street to 6th Street - 200 LF of Maple St from 6 th Street to Dead End - 1950 LF of 6 th Street from 220th Street to 175 LF north of Locust Street - We assume a rough order of magnitude total project cost of $1.5M for street reconstruction Mill and Overlay Area - 1500 LF of Embry Ave from Echo Lane to Embers Ave -3350 LF of Euclid Path from Englewood Way to Upper 182 nd St - 3200 LF of Upper 182 nd St from Pilot Knob Rd to Dunbury Ave - 1000 LF of 208 th St W from Edmonton Ave to Dead End - 450 LF of Eaton Ave from the center JIT Powder Coating driveway to 208 th St W - 2600 LF of 213 th St from Hiawatha Pioneer Trl/Richard J. Ames Pkwy to Cambodia Ave - 850 LF of Spruce St from Hiawatha Pioneer Trl/Richard J. Ames Pkwy to 10 th St - 1100 LF of Elm/9 th St from Hiawatha Pioneer Trl/Richard J. Ames Pkwy to Spruce St Page 204 of 211 Page 2 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 - We assume a rough order of magnitude total project cost of $2.5M for mill and overlay The City of Farmington is seeking professional services to prepare a feasibility report and 30% design for both projects. Authorizations for final design and construction administration will be developed after the feasibility stage. Scope of Work – Preliminary Design and Feasibility Report Kimley-Horn will provide the following feasibility study and preliminary design services for the City of Farmington 2024 Street and Ut ility Improvements and 2024 Mill and Overlay Project: TASK 1 ದದ PROJECT MANAGEMENT, MEETINGS, COORDINATION AND DATA COLLECTION 1.1. General Project Management, Scheduling, Invoicing – We will ensure that all project deliverables are submitted on time to facilitate the preliminary project schedule. We will work with City staff to provide ample time for review and approval for project items as necessary. Regular communication via phone/email will be facilitated throughout the project delivery with City staff. A detailed project schedule will be developed and maintained to provide clear upcoming tasks and deliverables. This scheduling will include updates with completed tasks and upcoming project items to be completed. Billing will be completed monthly. 1.2. Project Management Team (PMT) Meetings (Up to 2) – We will conduct up to two (2) project management team (PMT) meetings to include City of Farmington staff. Meetings are to be used to coordinate design elements throughout the project. We will prepare the agendas and meeting summaries to be provided to attendees. The first meeting is assumed to act as an in-person kickoff meeting to the project and include project walkthroughs of the reconstruction and mill and overlay areas. 1.3. Topographic Survey – Topographic survey is proposed to be completed by Egan, Field & Nowak, Inc. (EFN). The survey area assumes to encompass the entire reconstruction area within public right-of-way. Topographic survey is to include the following elements: - Cross sections every 50 feet or as necessary to define sections and profiles. - Existing right-of-way and easements - Centerline locations and elevations - Edge of bituminous pavement or gravel - Storm drains and catch basin locations - Culvert location, sizes, and invert elevations - Utilities on or above ground surface - Utilities located underground (Gopher State One Call required) - Landscape features (retaining walls, flower gardens, planters, etc.) - Trees - Driveway locations, elevations, and materials Page 205 of 211 Page 3 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 - Roadway and business signs - Fence lines and gate locations The survey file shall be formatted in a single AutoCAD 3D containing a Civil 3D surface generated from field point data and break lines. TASK 2 ದದ PUBLIC ENGAGEMENT 2.1. Neighborhood Meetings (up to 2 meetings) – We will develop and conduct up to two (2) in- person neighborhood meetings. These neighborhood meetings are to focus on the 2024 Street and Utility Improvements project area and residents. An initial input gathering meeting will occur before preliminary design begins to introduce the project, with a second meeting occurring showing the development of reconstruction options to be presented to the public. Up to two (2) Kimley-Horn members will be present at the neighborhood meetings. 2.2. Stakeholder Coordination Meetings (up to 2 meetings) – We will coordinate preliminary design elements with the City of Farmington to prepare for and conduct individual stakeholder meetings with representatives from the Farmington Elementary School and Farmington Public School. Up to two (2) Kimley-Horn members will be present at stakeholder meetings. It is assumed that the City will coordinate correspondence with stakeholder representatives. 2.3. Public Information Mailings – Ahead of each neighborhood meeting a mailing will be provided in advance informing property owners in the reconstruction project area of the time, date, and location of the meeting. It is assumed that the City will provide a list of property owner names and addresses. Kimley-Horn will draft a notice letter to be sent to each property for review by the City. Kimley-Horn will mail notices to each property address provided by the City. Following mailings being sent to property owners, Kimley-Horn will provide an affidavit to the City detailing the date and property addresses to which notices were mailed. Kimley-Horn will draft a public information mailing for review by the City of Farmington intended for property owners in the 2024 Mill and Overlay Project areas. The mailing is to include an announcement of the project. It is assumed that the City will provide a list of property owner names and addresses in the mill and overlay areas. Kimley-Horn will mail notices to each property address provided by the City, and then provide an affidavit to the City detailing the date and property addresses to which notices were mailed. 2.4. PublicCoordinate – We propose creating an interactive feedback map for the reconstruction project using our proprietary mapping software, PublicCoordinate. This interactive map shall be updated to solicit feedback on proposed reconstruction alternatives. The mapping tool will import proposed roadway linework to allow residents and community members to view and Page 206 of 211 Page 4 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 comment directly on proposed alternatives. It is assumed that PublicCoordinate will be maintained through the final design phase. TASK 3 ದದ FEASIBILITY REPORT AND PROJECT LAYOUT 3.1. Feasibility Report – Kimley-Horn will prepare a Feasibility Report for the proposed improvements based upon the following general outline: - Executive Summary - Proposed Improvements - Estimated Costs - Proposed Schedule - Summary and Recommendations A draft feasibility report will be submitted to City staff for review. After receiving additional comments and input from City staff, we will revise the draft report and complete the final Feasibility Report. We have assumed one (1) hard copy of the report will be provided and we will also provide an electronic version of the feasibility report in pdf format. 3.2. Preliminary Project Layout – A preliminary project layout shall be created for the reconstruction area based on City and public feedback. Preliminary, Final Design, and Construction Schedule The following schedule below is anticipated to facilitate construction in 2024. Council Award/Notice to Proceed September 5, 2023 PMT Meeting #1 - Kickoff Meeting September 6, 2023 Neighborhood Meeting #1 September 14, 2023 PMT Meeting #2 September 15, 2023 Neighborhood Meeting #2 September 28, 2023 Feasibility Draft to City October 8, 2023 Final Feasibility Report Submittal October 13, 2023 PMT Meeting #3 October 19, 2023 90% Plan Submittal November 17, 2023 MnDOT State Aid Review November 17, 2023 PMT Meeting #4 November 21, 2023 Final Plan Submittal December 15, 2023 PMT Meeting #5 December 19, 2023 Advertisement for Bid December 2023 Bidding/Award January – February 2024 Pre-construction Meeting February 2024 Page 207 of 211 Page 5 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Neighborhood Meeting #3 March 2024 Construction Begin April/May 2024 Substantial Completion September 2024 Final Completion October 2024 Estimated Fees – Preliminary Design Tasks (Tasks 1-3) Kimley-Horn will provide the scope of services identified above on an hourly basis. Our total estimated cost for the Preliminary Design Scope of Services is summarized in the table below. Task 1 – General Project Management and Agency Coordination $ 7,440 Task 2 – Public Engagement $ 16,175 Task 3 – Feasibility Report and Project Layout $ 21,010 Subtotal $ 44,625 Reimbursable Expenses $ 3,200 Estimated Subconsultant Fees $ 14,300 Total $ 62,125 Please contact me at (651) 319-2454 or Dan.Coyle@kimley-horn.com should you have any questions. Sincerely, Daniel J. Coyle, P.E. Exhibit 1 – Detailed Fee Estimate Page 208 of 211 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 209 of 211 Project Manager Project Engineer Grad Engineer Senior Technician / Designer Admin To t a l H o u r s Su b c o n s u l t a n t Fe e s Es t i m a t e d F e e s TA S K 1 1. 1 Ge n e r a l P r o j e c t M a n a g e m e n t , S c h e d u l e , I n v o i c i n g 4 8 4 2 1 8 $ 3 , 1 0 0 1. 2 Pr o j e c t M a n a g e m e n t T e a m ( P M T ) M e e t i n g s ( U p t o 2 ) 4 4 4 1 2 $ 2 , 1 8 0 1. 3 To p o g r a p h i c S u r v e y 2 2 4 6 1 4 $ 1 4 , 3 0 0 $ 2 , 1 6 0 Su b t o t a l 10 1 4 1 2 6 2 4 4 $ 1 4 , 3 0 0 $ 7 , 4 4 0 TA S K 2 2. 1 Ne i g h b r o r h o o d M e e t i n g s f o r R e c o n s t r u c t P r o j e c t ( U p t o 2 M e e t i n g s ) 4 4 4 1 6 2 8 $ 4 , 3 4 0 2. 2 St a k e h o l d e r C o o r d i n a t i o n M e e t i n g s f o r R e c o n . P r o j e c t ( U p t o 2 M t g s ) 22 2 2 8 $ 1 , 3 6 0 2. 3 Pu b l i c I n f o r m a t i o n M a i l i n g s ( 2 f o r R e c o n ; 1 f o r O v e r l a y ) 3 6 1 0 4 2 3 $ 3 , 4 8 5 2. 4 Pu b l i c C o o r d i n a t e W e b s i t e f o r R e c o n P r o j e c t 2 8 8 2 4 8 5 0 $ 6 , 9 9 0 Su b t o t a l 11 2 0 2 4 4 2 1 2 1 0 9 $ 1 6 , 1 7 5 TA S K 3 3. 1 Fe a s i b i l i t y R e p o r t 2 1 6 3 2 2 4 4 7 8 $ 1 1 , 1 5 0 3. 2 Pr e l i m i n a r y P r o j e c t L a y o u t 4 8 1 6 4 0 6 8 $ 9 , 8 6 0 Su b t o t a l 6 2 4 4 8 6 4 4 1 4 6 $ 2 1 , 0 1 0 TO T A L P R O J E C T H O U R S 2 7 5 8 8 4 1 1 2 1 8 2 9 9 St a f f B i l l i n g R a t e s ( P e r H o u r ) $1 6 0 - 2 5 5 $ 1 4 0 - 2 0 5 $ 1 0 5 - 1 7 0 $ 1 2 5 - 1 9 0 $ 8 5 - 1 4 5 $1 4 , 3 0 0 $ 4 4 , 6 2 5 $3 , 2 0 0 $6 2 , 1 2 5 EX H I B I T 1 DE T A I L E D F E E E S T I M A T E PR E L I M I N A R Y D E S I G N - F A R M I N G T O N 2 0 2 4 S T R E E T A N D U T I L I T Y I M P R O V E M E N T S AN D 2 0 2 4 M I L L AN D O V E R L A Y P R O J E C T Se p t e m b e r , 2 0 2 3 PR O J E C T M A N A G E M E N T , M E E T I N G S , C O O R D I N A T I O N A N D D A T A C O L L E C T I O N PU B L I C E N G A G E M E N T FE A S I B I L I T Y R E P O R T A N D P R O J E C T L A Y O U T ES T I M A T E D F E E S C H E D U L E S U M M A R Y Su b t o t a l E s t i m a t e d F e e s Re i m b u r s a b l e E x p e n s e s TO T A L E S T I M A T E D P R O J E C T C O S T (F E E S A N D E X P E N S E S ) Page 210 of 211 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Leah Koch, City Attorney Department: City Attorney Subject: Closed Session - Wells Fargo Bank v. True Gravity Ventures, LLC; Astra Genstar Partnership, LLP; Robert M. Wacholz and the City of Farmington, Court File Number 19HA-CV-23-308 (Minn. D. Ct.) Meeting: Regular Council - Sep 18 2023 INTRODUCTION: The City Council may close the meeting as permitted by Minn. Stat. § 13D.05, subd. 3(b) for a confidential, attorney-client privileged discussion regarding the above litigation matter. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Not applicable Page 211 of 211