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Home My WebLink About10.02.23 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, October 2, 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. Gambling Event Permit for the Farmington High School Fishing Team, November 9, 2023 Agenda Item: Gambling Event Permit for the Farmington High School Fishing Team, November 9, 2023 - Pdf 3 - 8 7.2. Minutes of the September 18, 2023 Special Work Session Agenda Item: Minutes of the September 18, 2023 Special Work Session - Pdf 9 - 11 7.3. Minutes of the September 18, 2023 Regular City Council Meeting Agenda Item: Minutes of the September 18, 2023 Regular City Council Meeting - Pdf 12 - 20 7.4. Ten Nineteen - Farmington, LLC Encroachment Agreement Agenda Item: Ten Nineteen - Farmington, LLC Encroachment Agreement - Pdf 21 - 30 7.5. Approve Bills Agenda Item: Approve Bills - Pdf 31 - 32 Page 1 of 38 Approve Bills 7.6. Contract with Soundwave Production Agenda Item: Contract with Soundwave Production - Pdf 33 - 35 7.7. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 36 7.8. Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Agenda Item: Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center - Pdf 37 - 38 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 2 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Gambling Event Permit for the Farmington High School Fishing Team, November 9, 2023 Meeting: Regular Council - Oct 02 2023 INTRODUCTION: The Farmington High School Fishing Team has applied for a Gambling Event Permit to conduct bingo on November 9, 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. ACTION REQUESTED: Adopt Resolution R65-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Bingo - Farmington High School Fishing Team, November 9, 2023. ATTACHMENTS: Gambling Permit, Farmington HS Fishing Team 11.09.23 R65-23 Gambling Exempt Permit for Farmington HS Fishing Team 11.09.23 Page 3 of 38 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: conducts lawful gambling on five or fewer days, and awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Speclallst assigned to your county by calling 651-539-1900, ORGANIZATION INFORt,1.ATlON .... · ••• . Organization Name: Farmington HS Fishing Team Minnesota Tax ID Number, If any: 6643832 Mailing Address: 20509 Camden Path City: Farmington State: MN Name of Chief Executive Officer (CEO): Andv Bovum Application Fee (non-refundable) 4/23 Page 1 of 3 Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the appl!cation fee is $100; otherwise the fee Is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. • •• .. ..... Previous Gambling .•. · Permit Number: X-94999-22-001 Federal Employer ID Number (FEIN), if any: 84-3537278 Zip: 55024 County: Dakota . CEO Daytime Phone: 612-598-3702 CEO Email: farmingtonhsfishingteam@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (If other than the CEO): NONPROFIT STATUS ·.•. •. .. • • •· •• ,:, ·• .• . . .. • -,,_ - . -, ·: . Type of Nonprofit Organization (check one): D Fraternal D Rellglous D Veterans 0 Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) □A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the □ IRS toll free at 1-877-829-5500. IRS -Aff iliate of national, sta tewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2, the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION . • - -',_ . . . ••• / . .. .. ·•.·. ,. • . . · .• Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Celts Pub of Farminoton Physical Address (do not use P.O. box): Check one: El City: .Earmingt~~ 0Township: 2no "·" re Zip: 55024 Zip: Date(s) of activity (for raffles, Indicate the date of the drawing): 11 /O/'J"J. Check each type of gambling activity that your organization will conduct: 0Bingo D Paddlewheels □Pull-Tabs OT/pboards County: Dakota County: □Raffle •· / ··• • Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.m11.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. '.·•,· • Page 4 of 38 Page 5 of 38 Page 6 of 38 Page 7 of 38 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R65-23 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPTION PERMIT TO CONDUCT BINGO – FARMINGTON HIGH SCHOOL FISHING TEAM, NOVEMBER 9, 2023 WHEREAS, the Farmington High School Fishing Team has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct gambling in the form of bingo on November 9, 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 Farmington High School Fishing Team on November 9, 2023, to be conducted at Celts Pub of Farmington, 200 3rd Street, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of October 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 8 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the September 18, 2023 Special Work Session Meeting: Regular Council - Oct 02 2023 INTRODUCTION: For Council review and approval are the minutes of the Special Work Session dated September 18, 2023. ACTION REQUESTED: Approve the minutes of the September 18, 2023 Special Work Session. ATTACHMENTS: 09.18.23 Special Work Session Minutes Page 9 of 38 Special Work Session Minutes of September 18, 2023 Page 1 of 2 City of Farmington City Council Special Work Session Minutes Monday, September 18, 2023 The City Council met in a Special Work Session on Monday, September 18, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Special Work Session to order at 6:17 p.m. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Deanna Kuennen, Community Development Director Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager Gary Rutherford, Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Porter to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays. 3. DISCUSSION ITEMS 3.1 Comprehensive Plan Update Director Kuennen, Director Powell, and Planning Manager Wippler presented. Staff and the consultants continue to refine the Guiding Principles and Policies that will form the foundation of the comprehensive plan update. These guiding principles and policies will shape the land use and infrastructure planning and decision making that will help accomplish the city and community vision and overall growth goals. At the Tuesday, September 12, Planning Commission meeting, Staff and the consultant presented the draft principles for discussion purposes. While these are being finalized, the land use and infrastructure planning has started. Page 10 of 38 Council asked questions and received answers. A draft of th e Vision and Guiding Principles was included in the Council’s packet. 4. COUNCIL COMMITTEE UPDATE • The Air Lake Advisory Committee will be hosting an employment day to teach students about careers in the industry. • The Fire Relief Association meeting was very productive. • Changes to Dew Days Committee – members will assume board positions, rather than a government body overseeing the committee and investors. Upcoming committee meeting to discuss solvency, revisions to bylaws, appointments, and resignations. This change will put it in the hands of the Dew Days Committee and the Ambassadors. From the outside, you won’t see any change. From the in side, there will be one less form of government. No change to funding; funds will be there for Dew Days use. 5. CITY ADMINISTRATOR UPDATE • Conversation continues with the School District regarding School Resource Officers (SROs) o Chief Rutherford would prefer not to pull SROs in the short-term. o Staff are keeping an eye on the new changes and will keep Council informed. 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Lien to adjourn the meeting at 6:49 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 11 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the September 18, 2023 Regular City Council Meeting Meeting: Regular Council - Oct 02 2023 INTRODUCTION: For Council review and approval are the minutes of the Regular City Council Meeting dated September 18, 2023. ACTION REQUESTED: Approve the minutes of the September 18, 2023 Regular City Council Meeting. ATTACHMENTS: 09.18.23 Council Minutes Page 12 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 1 of 8 City of Farmington Regular Council Meeting Minutes Monday, September 18, 2023 The City Council met in regular session on Monday, September 18, 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, Katie Porter and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community Development Director Chris Regis, Finance Director 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 Motion was made by Councilmember Bernatz and seconded by Councilmember Porter to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS None. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS No one addressed the Council. Page 13 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 2 of 8 7. CONSENT AGENDA 7.1 Work Session Minutes for September 5, 2023 7.2 Regular City Council Meeting Minutes for September 5, 2023 7.3 Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, November 18, 2023; Resolution R63-23 7.4 Gambling Event Permit for the Knights of Columbus Council 2400 Farmington, February 24, 2024; Resolution R64-23 7.5 Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, October 29, 2023, at Church of St. Michael, 22120 Denmark Avenue 7.6 Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, November 18, 2023, at Church of St. Michael, 22120 Denmark Avenue 7.7 Temporary On Sale Liquor License for the Knights of Columbus Council 2400 Farmington, February 24, 2024, at Church of St. Michael, 22120 Denmark Avenue 7.8 Amendment to Lease Agreement with Legacy Farmington Mall LLC for Farmington Liquor Store, 923 8th Street 7.9 Resolution R61-23 Appointing a Permanent Building Official for the City of Farmington 7.10 Ordinance 023-776 Amending Title 10, Chapter 3, Section 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 7.11 Bills List for August 30 – September 11, 2023 7.12 Staff Changes and Recommendations, Approving the Appointment of Cindy Muller as a Temporary Front Desk Employee 7.13 Updated Fire Department Job Descriptions for Paid-on-Call Assistant Fire Chief, Paid-on-Call District Fire Chief, Paid-on-Call Firefighter-Crew Leader, and Paid-on-Call Fire Lieutenant 7.14 City of Farmington Website Migration to New Provider CivicPlus 7.15 Professional Services Agreement with JLG Architects for Facility Master Planning for the Rambling River Center 7.16 Resolution Accepting Donation 7.17 Final Acceptance of Public Streets and Utilities and Release of Securities – Vita Attiva at South Creek First Addition 7.18 Professional Services Agreement with Barr Engineering for the Industrial Park Drainage Study 7.19 Professional Services Agreement with TKDA for Well 5 Retaining Wall Design Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays. Page 14 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 3 of 8 8. PUBLIC HEARINGS 8.1 Ordinance Amending the 2023 Fee Schedule with the State Tax Increase Effective October 1, 2023 City Clerk Buecksler presented. 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. New rates were rounded up to the next whole dollar. Mayor Hoyt opened the public hearing at 7:03 p.m. Hearing from no one wishing to speak, Mayor Hoyt closed the public hearing at 7:30 p.m. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to approve the passage of Ordinance 023-775 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. Motion carried: 5 ayes / 0 nays. 9. AWARD OF CONTRACT None. 10. PETITIONS, REQUESTS AND COMMUNICATIONS None. 11. UNFINISHED BUSINESS None. 12. NEW BUSINESS 12.1 Preliminary 2024 General Fund Budget and Tax Levy Director Regis presented. 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. Page 15 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 4 of 8 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: 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% 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% 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% Page 16 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 5 of 8 Human Resource Costs All 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. 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% 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 maintenance, trail maintenance, building maintenance, EAB management, and fleet 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. Values are one year behind, and these are payable 2024 values. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adopt Resolution R62-23 Adopting the Preliminary Budget and Setting the 2024 Preliminary Tax Levy and Debt Service Levy; and to set the public input meeting and adoption of the final 2024 budget and tax le vy for Monday, December 4, 2023 at 7 p.m. Motion carried: 5 ayes / 0 nays. 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 Director Powell presented. Project areas for the 2024 Street and Utility Improvements and 2024 Mill & Overly projects include: Page 17 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 6 of 8 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 from TH 3 to 10th Street 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. Mayor Hoyt said he couldn’t be more proud of the entire team to get to this point. Motion was made by Councilmember Porter and seconded by Councilmember Lien to approve the Professional Services Agreement with Kiley-Horn for the 2024 Street and Utility Improvements, and the 2024 Mill & Overly Project, Feasibility Study and 30% Design. Motion carried: 5 ayes / 0 nays. Page 18 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 7 of 8 Page 19 of 38 Regular City Council Meeting Minutes of September 18, 2023 Page 8 of 8 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.) Motion was made by Mayor Hoyt and seconded by Councilmember Wilson to close the meeting pursuant to Minnesota Statu es, section 13D.05, subdivision 3(b) for a confidential, attorney-client privileged discussion regarding liability and strategy in the matter of 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, in Minnesota District Court, at 7:27 p.m. Motion carried: 5 ayes / 0 nays. Mayor Hoyt reopened the meeting at 7:58 p.m. 13. CITY COUNCIL ROUNDTABLE There was no roundtable discussion. 14. ADJOURNMENT Motion was made by Councilmember Porter and seconded by Councilmember Bernatz to adjourn the meeting at 7:58 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 20 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Ten Nineteen - Farmington, LLC Encroachment Agreement Meeting: Regular Council - Oct 02 2023 INTRODUCTION: The developer of the Emery Apartments (309 2nd Street) has requested permission to construct certain improvements within the City's right-of-way of Third Street. The improvements include an ADA compliant ramp, concrete pad to access a recessed door and five window awnings. The City Attorney has worked with City Staff to draft the attached Encroachment Agreement. DISCUSSION: The City permitting these encroachments is conditioned upon the following, as documented in the agreement: • The City shall have no responsibility to maintain or repair the Improvements located within the Easement Areas. In the event the sidewalk and Impro vements are ever removed as part of a City project, the Owner shall be responsible for all costs associated with the replacement of the Improvements covered under this agreement. • The Improvements must not impact or increase water drainage on the abutting p roperties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owner, its successors and assigns, are fully responsible and liable for any and all damage caused installaand/or construction Improvements resulting or the to from the of tion Improvements within the Easements Areas. • The Owner of the Subject Property will own, repair, and maintain the Improvements, including but not limited to weather-related maintenance such as snow and ice removal. • The Owner guarantees that the snow removed from the ramp and concrete pad is stored on the Subject Property and directed away from neighboring properties and the Easement Areas. • Owner is responsible to obtain any applicable permits to construct the Improvements. Given these conditions, City Staff supports approval of the attached agreement. The placement of these improvements will not interfere with the City's normal maintenance of the adjoining city sidewalk. The developer has acknowledged their agreement to the terms by executing the attached agreement. BUDGET IMPACT: Not applicable Page 21 of 38 ACTION REQUESTED: Approve and authorize the signing of the Ten Nineteen - Farmington, LLC Encroachment Agreement. ATTACHMENTS: Encroachment Agreement with exhibits Encroachment Agreement Exhibit Page 22 of 38 (reserved /or recording information) ENCROACHMENT AGREEMENT AGREEMENT made this day of _____ , 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and TEN NINETEEN -FARMINGTON, LLC, a Minnesota limited liability company ("Owner"). 1.BACKGROUND. Owner is the fee owner of certain real property located in the City of Farmington, County of Dakota, State of Minnesota, legally described in Exhibit "A" attached hereto and having a street address of 309 2nd Street, Farmington, MN 55024 ("Subject Property"). The City owns easements for right of way purposes for 3 rd Street over portions of the Subject Property ("Easement Areas"). Owner desires to construct and install an ADA complian t ramp, a concrete pad to access a recessed door, and five window awnings ("Improvements") on or above the Subject Property that encroaches on the City's Easement Areas as depicted on the attached Exhibit "B". The building depicted in Exhibit "B" has a zero lot line and will directly abut the Easement Areas. 2.ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the Improvements subject to the 227958v9 Page 23 of 38 Page 24 of 38 Page 25 of 38 (SEAL) CITY OF FARMINGTON By ______________ _ Joshua Hoyt, Mayor And ---------------Shirley R Buecksler, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ________ , 20_, by Joshua Hoyt, Mayor, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 227958v9 4 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ________________, 20__, by Shirley R Buecksler, City Clerk, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _________________________________ Notary Public Page 26 of 38 Page 27 of 38 Page 28 of 38 Page 29 of 38 Page 30 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From:Chris Regis, Finance Director Department:Finance Subject:Approve Bills Meeting:Regular Council - Oct 02 2023 INTRODUCTION: Attached is the September 13, 2023 – September 26, 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 10 02 2023 Page 31 of 38 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS 574,324.39$ PROCESSED AUTOMATIC PAYMENTS 138,189.60$ GRAND TOTAL 712,513.99$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT October 2, 2023 The City Council will receive a list of claims paid (claims detail) and it is available to the public upon request. Page 32 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Justin Elvestad, Fire Chief Department: Fire Subject: Contract with Soundwave Production Meeting: Regular Council - Oct 02 2023 INTRODUCTION: Soundwave Productions has reached out to the Fire Department to provide fire, rescue and first aid services for a demolition derby located at the Dakota County Fairgrounds. DISCUSSION: The demolition derby will be held October 6 and 7, 2023, at the Dakota County Fair Grandstand. We will provide fire, rescue, and emergency equipment and personnel to provide fire suppression and first aid services for the event. Soundwave Productions has agreed to pay $1,100 for the Fire Department's services. BUDGET IMPACT: All wages and expenses for the services provided will be covered through contract. ACTION REQUESTED: Approve the contract with Soundwave Productions for fire services. ATTACHMENTS: DEMOLITION_DERBY 2023 Page 33 of 38 FIRE-RESCUE SERVICE AGREEMENT THIS AGREEMENT (the “Agreement”) made this ____ day of _____________, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (“City”) with offices at 430 Third Street, Farmington, Minnesota 55024, and JON BAIRD dba SOUNDWAVE PRODUCTIONS, a sole proprietor (“Host”), with offices at 225 Middle Street West, Cannon Falls, Minnesota 55009. WHEREAS, the Host has requested that the City provide special fire-rescue and related emergency services to the Subject Property, in particular: Fire, rescue, and emergency equipment and personnel available to provide fire suppression and first aid emergency services as necessary in conjunction with the grandstand motor events held at the Dakota County Fairgrounds located at 4008 220th Street West, Farmington, Minnesota 55024 on October 6 and 7, 2023. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The City will provide the requested service under this Agreement on October 6 and 7, 2023, and assume all responsibility for equipment and personnel to be provided, including, but not limited to, compensation and insurance matters. 2. The Host understands that the City will only offer basic first aid unless or until an ambulance service is on site. The City cannot transport persons undergoing medical emergencies. 3. The Host will compensate the City One Thousand One Hundred and no/100ths Dollars ($1,100.00) for its service commitment. Said compensation is due and payable by October 31, 2023. 4. The Host agrees to acknowledge both the City of Farmington and the Farmington Fire-Rescue Department as sponsors. 5. If the Host requests additional services beyond the grandstand motor events, the Host agrees to compensate the City according to the Farmington fee structure in place at the time of the requested services. 6. The Host shall obtain the minimum insurance coverage and maintain it at all times throughout the life of the Agreement, with the City endorsed as an additional insured: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate, products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Business Automobile Liability (owned, non-owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident or $2,000,000 combined single limit Page 34 of 38 CITY OF FARMINGTON SOUNDWAVE PRODUCTIONS By ________________________________ By ____________________________ Joshua Hoyt, Mayor John Baird By ________________________________ Shirley R Buecksler, City Clerk Page 35 of 38 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 - Oct 02 2023 INTRODUCTION: Approve the appointment of Kimberly Sommerland as the City's new Finance Director. Also appoint Zoe Pokorny and Zach LaMotte as Seasonal Arena Supervisors, and Maya Tracey and Jaelyn Sather as Seasonal Skate Guards. DISCUSSION: Finance Director Chris Regis will be retiring on October 13th. The City has selected Kimberly Sommerland to replace Chris as the City's Finance Director. Kim brings over 20 years of experience in local government finance and has served as the Finance Direc tor for Saint Paul Park since 2006. Kim's expertise and personality will be an excellent addition to our team. BUDGET IMPACT: Wages are included in the 2023 budget. ACTION REQUESTED: Approve the appointment of Kimberly Sommerland as Finance Director , Zoe Pokorny and Zach LaMotte as Seasonal Arena Supervisors, and Maya Tracey and Jaelyn Sather as Seasonal Skate Guards. Page 36 of 38 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Happy Harry’s Furniture to the Rambling River Center Meeting: Regular Council - Oct 02 2023 INTRODUCTION: A donation was recently made to the Rambling River Center (RRC) by Happy Harry’s Furniture. DISCUSSION: A donation in the amount of $600.60 was recently made by Happy Harry’s Furniture to the RRC. The donation was made through a program created in 2011 in which a customer of Happy Harry’s Furniture can select a charity of their choice to receive a donation when merchandise is purchased from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one of the charities that can be selected by customers. With these donations, Happy Harry’s Furniture has donated a to tal of $15,296.75 to the RRC since the program’s inception. This partnership with Happy Harry’s Furniture has been very beneficial over the long term given the funds that have been donated to the RRC. The donation has been deposited into the RRC Capital Improvement Fund to fund future building improvements and/or purchase new equipment and furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Happy Harry’s Furniture for their generous donation to the RRC. ACTION REQUESTED: Adopt resolution R66-23 accepting the donation of $600.60 from Happy Harry’s Furniture to the RRC. ATTACHMENTS: R66-23 Accepting $600.60 from Happy Harry's Furniture Page 37 of 38 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R66-23 A RESOLUTION ACCEPTING A DONATION OF $600.60 FROM HAPPY HARRY’S FURNITURE 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: Happy Harry’s Furniture has donated $600.60 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 $600.60 from Happy Harry’s Furniture to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 2nd day of October 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 38 of 38