HomeMy WebLinkAbout12.18.23 Council PacketMeeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Monday, December 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 November 20, 2023 Regular City Council Meeting
Agenda Item: Minutes of the November 20, 2023 Regular City Council
Meeting - Pdf
5 - 10
7.2. Minutes of the December 4, 2023 Regular City Council Meeting
Agenda Item: Minutes of the December 4, 2023 Regular City Council
Meeting - Pdf
11 - 16
7.3. Various Business License Renewals for 2024
Agenda Item: Various Business License Renewals for 2024 - Pdf
17
7.4. Retainer Agreement with Lockridge Grindal Nauen regarding PFAS
Settlements
Agenda Item: Retainer Agreement with Lockridge Grindal Nauen
regarding PFAS Settlements - Pdf
18 - 22
7.5. Contract Between the City of Farmington and 5 Star Inspections Inc for
Electrical Inspections Services
Agenda Item: Contract Between the City of Farmington and 5 Star
23 - 30
Page 1 of 229
Inspections Inc for Electrical Inspections Services. - Pdf
7.6. Denmark Housing Addition First Amendment to Development Contract
Agenda Item: Denmark Housing Addition First Amendment to
Development Contract - Community Development - Pdf
31 - 36
7.7. Resolution Granting a Second Time Extension for Recording of Final
Plat - Denmark Housing Addition - Community Development
Agenda Item: Resolution Granting a Second Time Extension for
Recording of Final Plat - Denmark Housing Addition - Community
Development - Pdf
37 - 39
7.8. Liability Coverage Waiver Form
Agenda Item: Liability Coverage Waiver Form - Pdf
40 - 41
7.9. Payment of Claims
Agenda Item: Payment of Claims - Pdf
42 - 43
Payment of claims.
7.10. Financial Review for the Quarter Ending September 30, 2023
Agenda Item: Financial Review for the Quarter Ending September 30,
2023 - Pdf
44 - 56
7.11. Professional Services Agreement with Ehlers to provide Long-Term
Financial Planning Services
Agenda Item: Professional Services Agreement with Ehlers to provide
Long-Term Financial Planning Services - Pdf
57 - 84
7.12. 2024 Non-Bargaining Compensation Increases and Approval of
Memorandum's of Understanding with Unions for Market Adjustments to
Wages
Agenda Item: 2024 Non-Bargaining Compensation Increases and
Approval of Memorandum's of Understanding with Unions for Market
Adjustments to Wages. - Pdf
85 - 95
7.13. Employee Recognition Policy Update
Agenda Item: Employee Recognition Policy Update - Pdf
96 - 98
7.14. Paid-on-Call Firefighter Wages and Fire Officer Stipends
Agenda Item: Paid-on-Call Firefighter Wages and Fire Officer Stipends -
Pdf
99 - 100
7.15. Personnel Policy Update
Agenda Item: Personnel Policy Update - Pdf
101 - 104
7.16. Staff Changes and Recommendations
Agenda Item: Staff Changes and Recommendations - Pdf
105
7.17. 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
106 - 107
7.18. Resolution Accepting Donation from Dakota County Heroes 108 - 109
Page 2 of 229
Agenda Item: Adopt Resolution Accepting Donation from Dakota County
Heroes - Pdf
7.19. Resolution Accepting Grant Award from the Minnesota Chiefs of Police
Foundation
Agenda Item: Resolution Accepting Grant Award from the Minnesota
Chiefs of Police Foundation - Pdf
110 - 112
7.20. South Metro SWAT Joint Powers Agreement
Agenda Item: South Metro SWAT Joint Powers Agreement - Pdf
113 - 136
7.21. Final Acceptance of Public Streets and Utilities and Release of
Securities – Sapphire Lake 3rd Addition
Agenda Item: Final Acceptance of Public Streets and Utilities and
Release of Securities – Sapphire Lake 3rd Addition - Pdf
137
7.22. Tree City USA Recertification
Agenda Item: Tree City USA Recertification - Pdf
138 - 167
7.23. Playground Equipment for Rambling River Park
Agenda Item: Playground Equipment for Rambling River Park - Pdf
168 - 180
7.24. Minutes of the November 28, 2023 Special Work Session
Agenda Item: Minutes of the November 28, 2023 Special Work Session
- Pdf
181 - 188
7.25. Minutes of the December 4, 2023 Council Work Session
Agenda Item: Minutes of the December 4, 2023 Council Work Session -
Pdf
189 - 197
7.26. First Amendment to the Residential Solid Waste/Recycling Services
Agreement Between the City of Farmington and Dick's Sanitation
Agenda Item: First Amendment to the Residential Solid Waste/Recycling
Services Agreement Between the City of Farmington and Dick's
Sanitation - Pdf
198 - 229
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 3 of 229
Page 4 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the November 20, 2023 Regular City Council Meeting
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
For Council review and approval are the minutes of the Regular City Council Meeting dated
November 20, 2023.
ACTION REQUESTED:
Approve the minutes of the November 20, 2023 Regular City Council Meeting.
ATTACHMENTS:
11.20.23 Council Minutes
Page 5 of 229
Regular City Council Meeting Minutes of November 20, 2023 Page 1 of 5
City of Farmington
Regular Council Meeting Minutes
Monday, November 20, 2023
The City Council met in regular session on Monday, November 20, 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
Mayor Hoyt led everyone in the Pledge of Allegiance.
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 & Economic Development Director
Kim Sommerland, Finance Director
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
4. APPROVE AGENDA
City Administrator Gorski requested to pull Item 8.2, Ordinance Amending Title 6,
Chapter 2, of the Farmington City Code as it Relates to Licensing of Dogs, for language
clarifications.
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the agenda, as amended, removing Item 8.2.
Motion carried: 4 ayes / 0 nays
5. ANNOUNCEMENTS / COMMENDATIONS
Welcome County Commissioner Mike Slavik
Commissioner Mike Slavik provided an update on Dakota County. Council thanked him
for coming here to speak in Farmington.
Page 6 of 229
Regular City Council Meeting Minutes of November 20, 2023 Page 2 of 5
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
None.
7. CONSENT AGENDA
7.1 Contract for Printing and Mailing Services for The Currents Publication
7.2 Minutes of the November 6, 2023 Regular City Council Meeting
7.3 Contract Between the City of Farmington and Beaver Creek Companies Inc. for
Septic System Permitting and Inspection Services
7.4 Payment of Claims for November 1 - 14, 2023 in the Amount of $$805,417.17
7.5 Agreement with International City Management Association Retirement
Corporation, doing business as Mission Square Retirement
7.6 Staff Changes and Recommendations Including:
• Seasonal Warming House Attendants Mason Eby, Layne Johnson,
William Lally, Lauren Lansig, Ayden Perkinson, Ha ley Rentz, and
Brandon Tende
7.7 Lease Renewal for the City Hall Postage Meter System
7.8 New Copier Leases with Xerox
7.9 Resolution R73-23 Accepting a Donation of Coffee, Orange Juice, and Bana nas
from Kwik Trip to the Rambling River Center
7.10 Resolution R72-23 Declaring Items as Surplus and Authorizing Disposal: 18
Trash Receptacles
Motion was made by Councilmember Lien and seconded by Councilmember Bernatz
to approve the Consent Agenda, as presented.
Motion carried: 4 ayes / 0 nays.
8. PUBLIC HEARINGS
8.1 Ordinance Amending Chapter 18 of the Farmington City Code Related to
Peddlers, Solicitors, and Transient Merchants
Mayor Hoyt opened the public hearing.
City Clerk Buecksler presented an ordinance amending Chapter 18 of the City
Code as it relates to peddlers, solicitors, and transient merchants. Some of the
significant changes include:
• A definition added for Non-Commercial Door-to-Door Advocate, as well as
language clarification for other definitions in this chapter.
• The inclusion of exceptions from licensing for certain activities (license not
required), some of which include:
o Persons establishing a regular customer delivery route for perishable food
and dairy products;
o Persons making newspaper deliveries or attempting to establish a
newspaper route;
o Any person holding a garage sale, rummage sale, or estate sale;
Page 7 of 229
Regular City Council Meeting Minutes of November 20, 2023 Page 3 of 5
o Persons holding a multi-person bazaar or flea market.
o Persons selling products grown, raised, or produced on a farm; and
o An auctioneer conducting an auction.
• An amendment to application requirements and procedures.
• The license term changed from either an annual or six-month license to an
annual license only.
• Hours for when business may be conducted:
o 9 a.m. – 7 p.m. Monday through Friday; and
o 10 a.m. – 5 p.m. Saturday and Sunday
• A section added for Exclusion by Placard.
Seeing no one wishing to speak, Mayor Hoyt closed the public hearing.
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to pass Ordinance 023-778 Amending Chapter 18 of the Farmington City
Code Regarding Peddlers, Solicitors, and Transient Merchants.
Motion carried: 4 ayes / 0 nays.
8.2 Ordinance Amending Title 6, Chapter 2, of the Farmington City Code as it Relates
to Licensing of Dogs
This item was pulled from the agenda for language clarifications.
9. AWARD OF CONTRACT
None
10. PETITIONS, REQUESTS AND COMMUNICATIONS
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. CITY COUNCIL ROUNDTABLE
Councilmember Bernatz: I had a great time at the Boeckman Middle School auditorium
last weekend. Farmington High School put on the tale of Robin Hood, and it was great
to see many in our community come out to support our youth.
Councilmember Lien: I had a blast at Turkey Bingo. Thank you to everyone for putting
that event together.
Page 8 of 229
Regular City Council Meeting Minutes of November 20, 2023 Page 4 of 5
Councilmember Wilson: I was at the Farmington Patriotic Day Celebration, and it was
very well attended. There are too many people to thank, including Farmington
American Legion Commander Doug Taube, the Veterans Organizations, and the
School District, who put a ton of time and effort into this event. The Farmington High
School Band and Choir were just fantastic.
Attorney Koch: I was admiring this lovely magazine of the Farmington Currents and am
excited to dive into it later.
City Administrator Gorski: City Offices will be closed on Thursday and Friday in
observance of Thanksgiving. Also thank you to Mr. Slavik for being here and giving us
an update.
Director Kuennen: The Eberts apartments construction project is moving right along.
We are building out a way to communicate with the public with weekly touch points.
Our Building Official and the Building Inspector Staff are meeting with the construction
manager there. Starting very soon, we will be receiving a weekly list of what’s been
done and what is coming up. If, for example, cranes are going to be delivered, we will
be able to know in advance and communicate that. There will be three cranes on site
over the course of the construction, with the first in the middle of the site and should be
there by December 18th. We are also working to provide some drone footage so peo ple
can see what the construction looks like with a snapshot once a week, so we can all
watch the construction come up out of the ground. This will be a way to communicate
and provide proactive information to our residents and our downtown businesses. More
to come. Thank you for the great EDA discussion, as well.
Director Powell: Reminder there is a Water Board meeting next Monday. On
Wednesday, we are having our second informational meeting for the 2024 Street
Improvements, which is the reconstruction area at 6th and Maple. You may notice, out
in the field especially, east of Highway 3, we will be doing our sidewalk inventory using
GPS and mapping that electronically through GIS this year for the first time. For the
benefit of the Commissioner, as City Engineer/Public Works Director, I really
appreciate the responsiveness and communicativeness of his Staff, particularly with
the County Road 50 improvements and the schedule being update almost weekly. That
was really helpful.
Director Omlid: The Open Door Food Pantry will be at the Rambling River Center
tomorrow from 3 – 4:30 p.m. As a reminder, they come the third Tuesday of the month.
The next two Saturdays we have holiday events at the Rambling River Center. Both
are from 9 a.m. – Noon. This Saturday, we have Trains and Treats, sponsored by the
Rambling River Model Railroad Club. Saturday, December 2nd, we have the Secret
Holiday Shop. Kids get to shop with volunteers while parents visit the downtown
businesses, and we are still in need of volunteers to help kids shop, wrap, and do tasks
that morning. Information is on the www.FarmingtonMN.gov website. You only need to
be in middle school up to 102 years old to volunteer.
Page 9 of 229
Regular City Council Meeting Minutes of November 20, 2023 Page 5 of 5
The Holiday Light Tour has 16 homes signed up as of today. The deadline is November
27th, and your lights need to be turned on by December 4th. More information is on the
City’s homepage, including the registration link.
Director Sommerland: As Commissioner Slavik mentioned, residents should have
received their Dakota County tax statements. Finance is busy preparing the proposed
final budget and will be presenting this to you at the next meeting.
Chief Rutherford: It is Toys for Town season. I always worry that we won’t have enough
toys or monetary donations, or enough volunteers for this event. We are seeking new
unwrapped toys for kids from birth up to age 13. If your heart is set on taking care of
kids aged 14-17, we would probably look for a financial donation from you so that we
can purchase gift cards for them. Financial donations also go towards providing a really
nice holiday meal for each family involved. If you’re looking to volunteer your time,
wrapping day is Saturday, December 16 th, from 9 a.m. – Noon at the high school.
Farmington always delivers, but I worry we won’t have enough volunteers. Toys, time,
or treasure – whatever you prefer to donate, we’ll take it.
Mayor Hoyt: Thank you to Riverview Elementary 4th graders who invited me last week
to talk about local government, what we do, and our core services. I somehow got
convinced to do the “Gritty” dance, and I think that was the highlight of their day. It’s
always fun getting to talk to our youth. Over the summer, Lynn and I met with some of
the kids from community education, who came to tour City Hall and Fire Station #1,
and that was fun.
It’s that time of year when there is a lot of stuff going on. You’ll find the winter edition
of the Farmington Currents in your mailbox. Please take the time to read through it –
there is a lot of good information in here. Quarterly events are on the back, and you
can plug those into your phone, so that you don’t forget about them. You’ll find
information on projects, park and recreation, and other tidbits. The Currents is on the
City’s website, social media channels, and mailed to all residents and businesses
within the community.
14. ADJOURNMENT
Motion was made by Councilmember Lien and seconded by Councilmember Bernatz
to adjourn the meeting at 7:30 p.m.
Motion carried: 4 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 10 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the December 4, 2023 Regular City Council Meeting
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
For Council review and approval are the minutes of the Regular City Council Meeting dated
December 4, 2023.
ACTION REQUESTED:
Approve the minutes of the Regular City Council meeting dated December 4, 2023.
ATTACHMENTS:
12.04.23 Council Minutes
Page 11 of 229
Regular City Council Meeting Minutes of December 4, 2023 Page 1 of 5
City of Farmington
Regular Council Meeting Minutes
Monday, December 4, 2023
The City Council met in regular session on Monday, December 4, 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
Mayor Hoyt led everyone in the Pledge of Allegiance.
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 & Economic Development Director
Kim Sommerland, Finance Director
Justin Elvestad, Fire Chief
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
4. APPROVE AGENDA
Motion was made by Councilmember Porter and seconded by Councilmember Wilson
to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays
5. ANNOUNCEMENTS / COMMENDATIONS
None.
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
None.
Page 12 of 229
Regular City Council Meeting Minutes of December 4, 2023 Page 2 of 5
7. CONSENT AGENDA
7.1 2024 License and permit renewals including:
3.2 Beer Off-Sale:
Kwik Trip #443, 18290 Pilot Knob Road
Kwik Trip, #693, 217 Elm Street
Tobacco:
Farmington Amcon, 957 8th Street
Farmington Liquors, 18350 Pilot Knob Road
Farmington Tobacco & Vape, 919 8th Street
Holiday #3825, 21060 Chippendale Avenue
Kwik Trip #443, 18290 Pilot Knob Road
Kwik Trip #693, 217 Elm Street,
Premium Tobacco and Vape, 18350 Pilot Knob Road
7.2 Ordinance 023-777 Amending Title 6, Chapter 2, Sections 1, 2, 3, 5, 6, 8 and 16
of the Farmington City Code as it Relates to Licensing of Dogs
7.3 Payment of claims for the period of November 15 – 28, 2023 in the amount of
$921,635.60
7.4 Increase in the annual Fire Relief benefit level to $9,500 effective January 1, 2024
7.5 Resolution R75-23 Declaring Items as Surplus and Authorizing Disposal: 2008
Chevrolet Silverado 2500
7.6 Staff changes and recommendations including the appointments of:
• Melissa Geis as temporary front desk employee
• Alayna Ellis, Logan Stenson, and Josh Stoneburg as Warming House
Attendants
7.7 Federal regional solicitation grant application for North Creek Regional Greenway
Trail
7.8 Resolution R74-23 Accepting a Donation of $500 from Nancy Bohn to the
Rambling River Center
7.9 Dakota County Community Waste Abatement 2024 Grant Agreement
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the Consent Agenda, as presented.
Motion carried: 5 ayes / 0 nays.
8. PUBLIC HEARINGS
8.1 2024 Final Tax Levy and Budget
Mayor Hoyt opened the public hearing at 7:01 p.m.
Director Sommerland presented the 2024 final tax levy and budget. State Statute
requires that the final property tax levy for the upcoming year be certified to
Dakota County on or before December 28, 2023. City Council discussed the 2024
Page 13 of 229
Regular City Council Meeting Minutes of December 4, 2023 Page 3 of 5
General Fund budget and tax levy at work sessions in August and September.
The proposed final General Fund budget and total levy amounts are shown below:
2023
Budget
2024
Proposed Budget
Increase
(Decrease)
General Fund Expenditures $16,884,783 $18,884,407 11.84%
General Fund Revenues 3,796,853 4,690,700 23.54%
Fiscal Disparities 2,407,636 2,098,009 (12.86)%
General Fund Levy 10,680,294 12,095,698 13.25%
EDA Levy - 150,000 100%
Debt Levy 2,069,565 1,763,100 (14.81)%
Net Tax Levy $12,749,859 $14,008,798 9.87%
Council approved the preliminary 2024 tax levy on September 18, 2023 and set
the amount at $14,308,798. The proposed final 2024 tax levy is $14,008,798, a
reduction of $300,000 from the preliminary levy.
One resident addressed the Council with questions regarding the tax amount
shown on her property tax statement. Mayor Hoyt explained that the City of
Farmington is only one part of her taxes and helped her to see on her statement
the tax amounts listed for the city, county, and school district.
Seeing no one else wishing to speak, Mayor Hoyt closed the public hearing at
7:22 p.m.
Motion was made by Councilmember Wilson and seconded by Councilmember
Lien to approve the 2024 budget and adopt Resolution R76-23 Approving the
2023 Final Tax Levy Collectible in 2024.
Motion carried: 5 ayes / 0 nays.
8.2 2024 Fee Schedule
Mayor Hoyt opened the public hearing at 7:23 p.m.
City Clerk Buecksler presented the fee schedule and changes recommended by
management for 2024.
Seeing no one wishing to speak, Mayor Hoyt closed the public hearing at
7:28 p.m.
Motion was made by Councilmember Porter and seconded by Councilmember
Bernatz to pass Ordinance 023-779 Establishing Charges and Fees for Licenses,
Permits, or Other City Approvals and Services for Calendar Year 2024.
Motion carried: 5 ayes / 0 nays.
Page 14 of 229
Regular City Council Meeting Minutes of December 4, 2023 Page 4 of 5
8.3 2024 Liquor License Renewals
Mayor Hoyt opened the public hearing at 7:29 p.m.
City Clerk Buecksler presented the 2024 liquor license renewals including:
On-Sale Intoxicating Liquor and On-Sale Sunday Liquor Licenses:
A This Little Piggy Catering, Inc., 22280 Chippendale Avenue West
Bourbon Butcher, 20700 Chippendale Avenue West
Celts Pub & Grill, 200 3rd Street
El Charro Mexican Restaurant, 120 Elm Street
Farmington Lanes, 27 5th Street
Farmington Tap House, 309 3rd Street
Las Enchiladas, 18500 Pilot Knob Road, Suite A
Nacho’s Mexican Grill and Bar, 958 8th Street
Pizza Man, 409 3rd Stret
The Mug, 18450 Pilot Knob Road, Suite A
Club and On-Sale Sunday Licenses:
VFW 7662/Sypal Lundgren Post, 421 3rd Street
On-Sale wine, 3.2 Beer and Intoxicating Malt Liquor Licenses:
Fountain Valley Golf Club, 2830 220th Street West
Seeing no one wishing to speak, Mayor Hoyt closed the public hearing at
7:30 p.m.
Motion was made by Councilmember Bernatz and seconded by Councilmember
Wilson to approve the liquor license renewals for 2024 as listed.
Motion carried: 5 ayes / 0 nays.
9. AWARD OF CONTRACT
None
10. PETITIONS, REQUESTS AND COMMUNICATIONS
None
11. UNFINISHED BUSINESS
None
Motion was made by Councilmember Porter and seconded by Councilmember Bernatz to
close the Regular City Council meeting at 7:31 p.m. and enter into a closed session
pursuant to Minnesota Statute 13D.05, subdivision 3(b) for a confidential, attorney-client
privileged discussion of potential PFAS litigation, AFFF Multi -District Litigation No. 2873,
including potential participation in the 3M and Dupont Settlements.
Motion carried: 5 ayes / 0 nays.
Page 15 of 229
Regular City Council Meeting Minutes of December 4, 2023 Page 5 of 5
12. NEW BUSINESS
12.1 Closed Session to Discuss PFAS Settlement
Mayor Hoyt opened the closed session at 7:33 p.m. Following discussion, the
closed session was adjourned at 8:19 p.m.
Mayor Hoyt reopened the Regular City Council Meeting at 8:20 p.m.
12.2 Council Decision Regarding PFAS Settlement
Motion was made by Councilmember Lien and seconded by Councilmember
Porter to opt in to the AFFF Multi-District Litigation No. 2873 – PFAS Litigation
Settlements.
Motion carried: 5 ayes / 0 nays.
13. CITY COUNCIL ROUNDTABLE
None.
14. ADJOURNMENT
Motion was made by Councilmember Porter and seconded by Councilmember Lien to
adjourn the meeting at 8:21 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 16 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Various Business License Renewals for 2024
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
City Council has the authority to approve On-Sale and Off-Sale Beer Licenses, Consumption and
Display Permits, and Tobacco Licenses.
DISCUSSION:
The following establishments have submitted their application for 2024 renewal:
Consumption and Display Permit
Muddy Waters Studio, 511 Elm Street
3.2 Beer Off-Sale
Speedway #4534, 18520 Pilot Knob Road
Tobacco
Speedway #4534, 18520 Pilot Knob Road
All appropriate forms, insurance, and fees have been submitted. The Police Department is currently
conducting the background investigations. Staff is recommending approval pending the background
investigation.
BUDGET IMPACT:
Fees collected are included in the revenue estimates of the City's budget.
ACTION REQUESTED:
Approve the licenses listed above for 2024, pending completed background investigations by the
Police Department.
Page 17 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Leah Koch, City Attorney
Department: City Attorney
Subject: Retainer Agreement with Lockridge Grindal Nauen regarding PFAS Settlements
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
On December 4, 2023, the City Council discussed the PFAS litigation, AFFF Multi-District
Litigation No. 2873, including participation in the 3M and DuPont Settlements with assistance from
the law firm Lockridge Grindal Nauen PLLP.
DISCUSSION:
PFAS has been detected in water sources worldwide leading to concerns about their impact. The
City of Farmington is eligible to be part of the class action lawsuit, even with only small traces of
PFAS in the City's water.
Lockridge Grindal Nauen is representing a number of Minnesota cities to assist in making claims
against the defendant companies in the Multi-District litigation to receive a share of the settlement
funds. Lockridge Grindal Nauen only receives payment if the City receives settlement funds. Staff
recommends entering into this retainer agreement with Lockridge Grindal Nauen to represent the
City of Farmington in this lawsuit.
More information about the settlements can be found at www.PFASWaterSettlement.com and more
information about PFAS in general can be found on the Minnesota Department of Health website.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve retainer agreement with Lockridge Grindal Nauen for representation in the AFFF Multi-
District Litigation No. 2873.
ATTACHMENTS:
2023-12-13 - Farmington- City PFAS Retainer
Page 18 of 229
1
RETAINER AGREEMENT
The City of Farmington, Minnesota (“Client”) retains the Law Firms of Lockridge Grindal
Nauen P.L.L.P. and Napoli Shkolnik (collectively “Law Firms”) , as our attorneys to prosecute
any legal claim for negligence (or other viable causes of action) against any and all parties
individuals and/or corporations that are found to be liable under the law for injuries and/or property
damages suffered by us and/or our members arising out of the contamination of water supplies by
per- and polyfluoroalkyl substances (PFAS) and other hazardous water contaminants. We
specifically agree as follows:
1.FEE PERCENTAGE: Client and Law Firms agree that the Law Firms shall be
paid Twenty-Five Percent (25%) of the sum recovered, whether by suit, settlement or otherwise.
Client will not be liable to pay the Law Firms if there is not any form of recovery.
2.DISBURSEMENTS: In the event there is no recovery, the Client shall not be
obligated to pay the Law Firms any fees for services rendered, including disbursements.
Disbursements may include some of the following expenses: court filing fees, sheriff fees, medical
and hospital report/record fees, doctor’s report, court stenographer fees, deposition costs, expert
fees for expert depositions and court appearances, trial exhibits, computer on-line search fees,
express mail, postage, photocopy charges, document management charges, long distance
telephone charges among other charges. Document management charges are the fees charged by
the law firm for processing documents during litigation, such as medical records, documents
produced by defendant(s) and/or other parties, etc. Processing of the documents may include but
is not limited to the following: (1) scanning; (2) conversion of native files to PDF documents; (3)
OCR (optical code recognition); and/or (4) indexing. At the time of settlement and distribution of
proceeds, these expenses shall be deducted from the Client’ share after computation of the
Attorney’s Fee.
3.COMPUTATION OF FEES: The contingency fee shall be computed on the gross
recovery, resulting in a net settlement (or judgment), from which all appropriate disbursements in
connection with the institution and prosecution of this claim is deducted, as set forth in paragraph
2 above. Examples of how a contingency fee is computed are as follows:
Gross settlement $100.00
25% Attorney’s Fee $ 25.00
Net settlement $ 75.00
Disbursements -$ 10.00
Net to Client $ 65.00
4.WITHDRAWAL: The Law Firms expressly reserve the right to withdraw their
representation at any time upon reasonable notification to the Client. In the event that the Client
advise the Law Firms to discontinue the handling of this claim, but proceeds to litigate their claim
to finality, Client agree to compensate the Law Firms a reasonable amount for their services, based
upon the time spent on this claim on an hourly basis or under such other arrangement that may be
agreed upon by the parties, if a lesser amount than the hourly amount. The Client understand that
the Law Firms have conditionally accepted this case based upon independent confirmation of all
Page 19 of 229
2
facts and injuries claimed to have been sustained by Client. File transfer from the Law Firms shall
not include documents or attorney work product regarding the general liability of the defendants.
5.APPEALS: The above contingency fee does not contemplate any appeal. The
Law Firms are under no duty to perfect or prosecute such appeal until a satisfactory fee
arrangement is made in writing regarding costs and counsel fees.
6.STATUTE OF LIMITATIONS: We understand that any lawsuit must be
commenced within a certain limited time period, (that may vary, depending upon the defendant)
starting from the "discovery of the injury" or of "the date when through the exercise of reasonable
diligence such injury should have been discovered… whichever is earlier". We further understand
that the Statute of Limitations period for any case must be investigated, and that this Agreement is
made subject to that investigation as well as an investigation of the entire case.
7.RESULTS NOT GUARANTEED: No attorney can accurately predict the
outcome of any legal matter, accordingly, no representations are made, either expressly or
impliedly, as to the final outcome of this matter. We further understand that we must immediately
report any changes in address and telephone number to the Law Firms.
8.AUTHORIZATION TO INITIATE LITIGATION: Attorneys are hereby
authorized to initiate litigation on behalf of Client asserting any legal claim for negligence (or other
viable causes of action) against any and all parties individuals and/or corporations that are found
to be liable under the law for injuries and/or property damages suffered by Client arising out of
the contamination by per- and polyfluoroalkyl substances (PFAS). Attorneys shall coordinate with
City staff, including the City Administrator and Assistant City Administrator regarding such
litigation.
9.CONFLICTS OF INTEREST: Client acknowledges that Lockridge Grindal
Nauen P.L.L.P. (“LGN”) represents individuals associated with Douglas Corporation and
understands that LGN may not represent Client in any action against Douglas Corporation.
10.APPROVAL NECESSARY FOR SETTLEMENT: Attorneys have full
authority to prepare, sign and file all pleadings, drafts, authorizations, and papers as shall be
reasonably necessary to pursue this representation. Attorneys are also authorized and empowered
to act as Client’s negotiator in any and all negotiations concerning the subject of this Agreement,
subject to approval of any settlement by the Client.
11.ASSOCIATION OF OTHER ATTORNEYS: The Law Firms may, at their own
expense, use or associate other attorneys in the representation of the aforesaid claims of the Client,
but such association does not alter the computation of fees in section 3 above. Client understands
that Law Firms employ numerous attorneys that may work on Client’ case.
12.ASSOCIATE COUNSEL: The Law Firms may participate in the division of fees
in this case and assume joint responsibility for the representation of the Client either in the event
that the Attorney retains associate counsel or that the Client later choose new counsel, provided
that the total fee to the Client does not increase as a result of the division of fees and that the
attorneys involved have agreed to the division of fees and assumption of joint responsibility. The
Client will be advised of such joint responsibility and full disclosure will be made to Client
regarding the division of fees so that the consent of the Client can be obtained.
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3
13.MINNESOTA LAW TO APPLY: This Agreement shall be considered construed
under and in accordance with the laws of the State of Minnesota and the rights, duties, and
obligations of Client and of Attorneys regarding Attorney’s representation of Client and regarding
anything covered by this Agreement shall be governed by the laws of the State of Minnesota.
14.MEDIATION: In the event the Law Firms and the Client are unable to resolve
any and all disputes, controversies, claims or demands arising out of or relating to (1) this
Agreement or (2) any provision hereof or (3) the providing of services by the Law Firms to Client
or (4) the relationship between the Law Firms and Client, whether either party may make a written
request to the other party to mediate the dispute. Upon such notice, the parties shall jointly select
a mediator to assist in resolving the dispute. The parties shall share equally in the costs of the
mediator, but shall otherwise pay their own costs related to the mediation. If either party
determines they are not able to agree on a single mediator, they shall notify the other party in
writing. Upon such notice, each party shall be responsible for selecting their own mediator. The
two mediators shall then select a third. The mediation shall then be conducted by the three
mediator panel. Each party shall be responsible for the costs of the mediator it selected and shall
share equally in the costs of the third mediator. In the event mediation is unsuccessful, either party
may exercise its legal or equitable rights.
15.PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors, administrators, legal representative,
successors, and assigns. Client or the Law Firms can execute this document electronically, by
indicating “I agree” (or similar language) via electronic mail after receiving the Agreement via
electronic mail. By indicating “I agree” (or similar language) Client will be bound by the terms of
the Agreement and is executing the document electronically via Client’ electronic signature,
indicated as “/s/” in the signature field and elects the Law Firms advance disbursements.
16.LEGAL CONSTRUCTION: In case any one or more of the provisions contained
in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
17.PRIOR AGREEMENTS SUPERSEDED: This Agreement constitutes the sole
and only Agreement of the parties hereto and supersedes any prior understandings or written or
oral agreement between the parties respecting the within subject matter.
We certify and acknowledge that we have had the opportunity to read this Agreement and
have answered any questions pertaining thereto. We further state that we have voluntarily entered
into this Agreement fully aware of the terms and conditions.
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SIGNED AND ACCEPTED ON THIS _____ day of_______________, 2023
THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE FEDERAL ARBITRATION ACT AND
THE MINNESOTA GENERAL ARBITRATION STATUTE
CITY OF FARMINGTON, MN
By:
_______Joshua Hoyt______________________
Printed Name
Email
Address:_JHoyt@FarmingtonMN.gov________
Title:____Mayor_________________________
Address: _430 Third St, Farmington, MN 55024
Phone:___651-280-6800___________________
LOCKRIDGE GRINDAL NAUEN
P.L.L.P.
________________________________
David J. Zoll
NAPOLI SHKOLNIK
________________________________
Paul Napoli
Page 22 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Josh Lawrenz, Building Official
Department: Community Development
Subject: Contract Between the City of Farmington and 5 Star Inspections Inc for Electrical
Inspections Services
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Proposed contract agreement between the City of Farmington and 5 Star Inspections, Inc. to
provide electrical inspections to the City of Farmington.
DISCUSSION:
Currently, electrical inspections throughout the city are being performed by Michael Hawke. The
City of Farmington's contract agreement with Mr. Hawke is valid until December 31, 2024, with
contractual language allowing either party to terminate the agreement with (7) days of written
notice. While no issues exist with the current inspections or contract, conversations with Mr. Hawke
indicate the possibility of upcoming conditions that may result in his early retirement and ending the
contract prior to December 31, 2024.
Additionally, clause 1.9 of our current contract identifies that the agreement is not exclusive and
shall not preclude the City from engaging any other person or entity to perform inspection of
electrical installations.
To provide continuous uninterrupted electrical inspections services, the City of Farmington has
identified and sought the services of Brian Grey, owner of 5 Star Inspection, Inc. Mr. Grey is
currently providing electrical inspections services to multiple surrounding communities and is
knowledgeable and familiar with our current permit processing software.
There will be no change in compensation between our current contract with Michael Hawke and the
proposed contract with 5 Star Inspections, Inc. 5 Star Inspections, Inc. will, however, allow more
flexibility to contractor/homeowners with scheduling now available Monday through Friday during
hours when City offices are open to the public.
BUDGET IMPACT:
None
ACTION REQUESTED:
Approve the contract between the City of Farmington and 5 Star Inspections, Inc. and authorize the
execution of the agreement.
Page 23 of 229
ATTACHMENTS:
5 Star Electrical Contract
Page 24 of 229
228959v1
PROFESSIONAL SERVICES AGREEMENT
FOR ELECTRICAL SERVICES
AGREEMENT made this _______ day of ___________________, 2023, by and between the CITY
OF FARMINGTON, a Minnesota municipal corporation ("City") and 5 STAR INSPECTIONS, INC., a
Minnesota corporation ("Contractor").
RECITALS
A. The City requires the services of a professional electrical inspector to administer the
provisions of 4-1-6: Electrical Inspections of the Farmington City Code and the laws and rules
regulating inspections of electrical installations in the State of Minnesota;
B. Contractor is a qualified State of Minnesota electrical inspector who is properly licensed, and
is willing and able to perform such services.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter stated,
the parties to this Agreement agree that the Contractor shall continue to be retained to provide electrical
inspections, to verify compliance with applicable electrical codes and ordinances in a manner established by
the City’s building official, as follows:
1. SERVICES TO BE PERFORMED. Contractor will perform the services of electrical
inspector pursuant to the terms of 4-1-6: Electrical Inspections of the Farmington City Code and in
compliance with all laws, rules and regulations related to electrical installations and services.
A. Agreement Not Exclusive. This Agreement shall not preclude the City from engaging any
other person or entity to perform inspection of electrical installations, nor shall this
Agreement preclude Contractor from providing similar or related services for any other entity.
2. SCOPE OF SERVICES. Contractor agrees to comply with the following in providing the
services under this Agreement:
A. Maintain license as a master or journeyman electrician in the State of Minnesota.
B. Conform to all applicable federal, state and local laws, codes, ordinances and regulations,
including, but not limited to, any applicable conflict of interest provisions.
C. Receive requests for electrical inspections and schedule electrical inspections during a time
frame approved by the City.
D. Perform inspections on the day requested, except as approved by the City. Provide
appropriate identification when conducting city inspections.
E. Perform electrical inspections for compliance with the current version of the State
Electrical Code and related laws, rules and City ordinances. Such services shall be made
available by the contractor to the City on all weekdays, during all hours that the City
offices are open to the public. The City may contract with additional contractors to provide
electrical inspection services if deemed necessary.
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228959v1
F. Be available by phone during established hours, as determined by the City, to receive calls
related to code requirements, inspection procedures and other electrical inspection matters.
It is understood that the normal hours are generally from 8:00 a.m. to 4:30 p.m.
G. Provide the City with detailed written reports documenting each electrical inspection in a
form approved by the City. Such reports shall be completed and submitted within one
business day of the permit applicant’s request unless otherwise agreed to by the City.
H. Be available for inspections, consultation, meetings, and other inspection related duties
that may not be associated with an electrical permit.
I. Be available on a limited basis to meet customers at scheduled times and locations.
J. Write correction notices and perform follow-up inspections to obtain compliance.
K. Follow inspection procedures and policies established by the City.
L. Provide a City approved back-up plan that indicates how inspections will be performed
during high volume periods, sick days, vacation time, etc.
M. Ensure that all subcontractors, authorized by the City, comply with all terms of this
Agreement.
3. CITY RESPONSIBILITIES. During the term of this Contract, the City will be responsible
for the following:
A. Receive and process electrical permit applications.
B. Collect electrical permit fees and issue permits.
C. Input electrical inspection results provided from the contractor into the permit information
management system (PIMS).
D. Maintain permit and inspection records.
E. Pay the Contractor monthly on completed permits.
4. COMPENSATION. Contractor will receive 75% of the electrical permit fee. Payment will
be made on a monthly basis for completed electrical permits. At the beginning or at the end of this
Agreement, the amount due the Contractor will be prorated based upon the percentage of inspections
completed. The Contractor will be responsible for the Contractor’s costs, transportation, telephone, stickers,
correction notices and other related costs necessary to complete the inspections. The City will pay invoices
within 35 days of receipt.
5. DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the property of the City. The City
may use the information for its purposes. The City shall be the copyright owner. The ves ting of the
City’s ownership of the copyright in materials created by the Contractor shall be contingent upon the
City’s fulfillment of its payment obligations hereunder. The Contractor shall be allowed to use a
description of the services provided hereunder, including the name of the City, and photographs or
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228959v1
renderings of any projects which develop from the planning or other services provided by the Contractor,
in the normal course of its marketing activities.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder,
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided.
7. STANDARD OF CARE. Contractor 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
contractor under similar circumstances. No other warranty, expressed or implied, is included in this
Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s
services.
8. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its officers,
agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs
and attorney's fees, arising out of or by reason of the execution or performance of the work or services or
failure to adequately perform the services provided for herein and further agrees to defend at its sole cost and
expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character
arising hereunder.
9. INSURANCE. Contractor shall secure and maintain such insurance as will protect
Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claims for
bodily injury, death, or property damage which may arise from the performance of services under this
Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The City shall be named as an additional insured on the general liability and umbrella policies on a primary
and non-contributory basis.
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228959v1
The Contractor shall secure and maintain a professional liability insurance policy. Said policy shall
insure payment of damages for legal liability arising out of the performance of professional services for the
City, in the insured's capacity as Contractor, if such legal liability is caused by a negligent act, error or
omission of the insured or any person or organization for which the insured is legally liable. The policy shall
provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a
higher deductible.
Before commencing work, the Contractor, and every approved subcontractor, shall provide the City a
certificate of insurance evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an independent
contractor upon the terms and conditions set forth in this Agreement. Contractor is not an employee of the
City and is free to contract with other entities as provided herein. Contractor shall be responsible for
selecting the means and methods of performing the work. Contractor shall furnish any and all supplies,
equipment, and incidentals necessary for Contractor's performance under this Agreement. City and
Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of
Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be
exclusively responsible under this Agreement for Contractor's own FICA payments, 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. Contractor shall not enter into subcontracts for services provided
under this Agreement without the express written consent of the City and shall comply with all terms of this
Agreement. Contractor shall comply with Minnesota Statutes §471.425. Contractor must pay
subcontractors for all undisputed services provided by subcontractors within ten (10) days of Contractor’s
receipt of payment from City. Contractor must pay interest of one and five-tenths (1.5%) percent per
month or any part of a month to subcontractors on any undisputed amount not paid on time to
subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred
Dollars ($100.00) or more is Ten Dollars ($10.00).
12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the 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/VENUE. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be
in the District Court of the State of Minnesota for Dakota County.
16. COPYRIGHT. Contractor 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 there from.
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228959v1
17. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract requires, or
Contractor desires, the use of any design, devise, material or process covered by letters, patent or
copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement
with the patentee or owner and a copy of said agreement shall be filed with the City. If no such
agreement is made or filed as noted, Contractor shall indemnify and hold harmless the City from any and
all claims for infringement by reason of the use of any such patented designed, device, material or
process, or any trademark or trade name or copyright in connection with the services agreed to be
performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses
and attorney's fees that result from any such infringement.
18. RECORDS. Contractor shall maintain complete and accurate records of time and expense
involved in the performance of services.
19. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc.
given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City’s prior written
approval. The books, records, documents and accounting procedures and practices of the Contractor or other
parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or
the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is
subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act).
All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected,
received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the
City during performance of this Agreement is subject to the requirements of the Data Practice Act and
Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance
language.
20. NON-DISCRIMINATION. The Contractor agrees during the life of this Agreement not to
discriminate against any employee, application for employment, or other individual because of race, color,
sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law.
The Contractor will include a similar provision in all subcontracts entered into for performance of this
Agreement.
21. NOTICES. Any notices required by this Agreement shall either be personally delivered or
sent by certified or registered mail and addressed as follows:
To the Contractor: 5 Start Inspections, Inc.
C/O Brian Grey
37517 375th Ave
Saint Peter, MN 56082
To the City: City of Farmington
430 Third Street
Farmington, MN 55024
C/O Josh Lawrenz, Building Official
22. BACKGROUND CHECKS. The City must receive from the Contractor and each
Contractor’s employee and subcontractors written authorization permitting the City of Farmington Police
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228959v1
Department to perform a criminal history background check and further authorize the Police Department
to release the information obtained to the Farmington City Council, City Administrator and other
appropriate employees. The City reserves the right to deny access to City facilities to those Contractors ,
Contractor’s employees, or subcontractors that it deems inappropriate.
23. TERM. This Agreement shall commence on the date of execution of this Agreement and
shall expire on December 31, 2024. Thereafter, this Agreement shall automatically renew upon the same
terms and conditions for successive one year terms unless either party gives notice of termination at least
thirty (30) days prior to the expiration date of the relevant term.
24. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or
any part thereof at any time, upon written notice to Contractor, effective upon delivery including delivery
by facsimile or email. In such event, the Contractor shall cease all work and delivery, save those
necessary to protect the public health, welfare and safety. Contractor will be entitled to compensation for
work performed up to the date of termination based upon a pro rata basis. Upon thirty (30) days’ written
notice to the City, this Agreement may be terminated by the Contractor should the City fail to
substantially perform in accordance with the Agreement through no fault of the Contractor.
Dated: December 18, 2023 . CITY OF FARMINGTON
BY: _______________________________________
Joshua Hoyt, Mayor
AND
Shirley R Buecksler, City Clerk
Dated: __________________, 2023. 5 STAR INSPECTIONS, INC.
BY:
Brian Grey, President
Page 30 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Denmark Housing Addition First Amendment to Development Contract
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Attached for Council's consideration is a First Amendment to Development Contract for the
Denmark Housing Addition.
DISCUSSION:
The Dakota County Community Development Agency (CDA) is the developer of the Denmark
Housing Addition which will provide 40 workforce rental townhomes south of St. Michael's Church.
City Council approved the Development Contract on January 17, 2023. The development was
proposed to share an access to Denmark Avenue with the Dakota Meadows development to the
south. However, the Dakota Meadows development has stalled and the CDA was unable to secure
an easement for the shared drive from the adjacent property owner. The CDA has since decided to
move forward with their project as funding for the development is now available. The CDA is
requesting that they be allowed to construct a temporary access on their property until such a time
that the Dakota Meadows property to the south is developed and the shared access is installed.
Once that occurs, the temporary access would be removed.
The Dakota County Plat Commission reviewed this request on November 22, 2023, as the County
is responsible for access management along Denmark Avenue. The Plat Commission approved the
temporary access provided it is removed upon construction of the shared access with the Dakota
Meadows development to the south.
The attachment amendment memorializes the allowance of the temporary access as well as when
it needs to be removed. The CDA has reviewed the attached development contract amendment
and finds it acceptable.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve the attached First Amendment to Development Contract between the City of Farmington
and Denmark Trail Workforce Housing Limited Partnership.
ATTACHMENTS:
Page 31 of 229
FIRST AMENDMENT TO DEVELOPMENT CONTRACT
Page 32 of 229
FIRST AMENDMENT TO DEVELOPMENT CONTRACT
THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (the “Amendment”), dated
as of , 2023, is made between THE CITY OF FARMINGTON, a Minnesota
municipal corporation (“City”) and DENMARK TRAIL WORKFORCE HOUSING LIMITED
PARTNERSHIP, a Minnesota Limited Partnership (“Developer”).
RECITALS
A. City and Developer previously entered into that certain Development Contract dated January 17,
2023 (the “Development Contract”) providing for approval of the plat for Denmark Housing
Addition and development of certain real property located in the City of Farmington, Minnesota as
legally described in Exhibit “A” to the Development Contract (the “Property”).
B. City and Developer desire to amend the terms and conditions of the Development Contract subject
to and on the terms and conditions set forth in this amendment.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual agreements and
covenants of the parties set forth herein, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the City and the Developer hereby agree as follows:
1. Definitions. Unless otherwise expressly defined herein, all capitalized terms shall
have the meanings given such terms in the Development Contract.
2. Streets. In addition to the planned emergency access, a temporary access will be
provided towards the southern end of the development connecting to Denmark Avenue. This
temporary access must be constructed to City road standards. Additionally, the temporary access
must be removed when the adjacent site to the south is developed, and a shared access is constructed
and functional as part of that development. A public street and utility easement will be required
from the adjoining property to the south once the shared access is constructed.
3. Full Force and Effect; Conflict. Except as expressly amended or modified herein,
all other terms and provisions of the Development Contract remain unmodified and in full force
and effect. To the extent there is any conflict or inconsistency between this Amendment and the
Development Contract, with respect to the matters addressed herein, the terms and provisions of
this Amendment shall control.
4. Prior Agreements. This Amendment and the Development Contract constitutes the
entire agreement between the parties with respect to the matters contained therein and supersedes
any and all prior understandings and agreements between the parties, whether oral or written, with
respect thereto.
Page 33 of 229
5. Counterparts. This Amendment may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
6. Applicable Law. This Amendment shall be construed and enforced in accordance
with the internal laws of the State of Minnesota.
[Balance of page intentionally left blank]
Page 34 of 229
IN WITNESS WHEREOF, the parties herein have caused this First Amendment to Development
Contract to be executed by their authorized signatories as of the date set forth in the first paragraph.
DENMARK TRAIL WORKFORCE LIMITED PARTNERSHIP
By:
Name: Tony Schertler
Title: Partner
CITY OF FARMINGTON
By:
Name: Joshua Hoyt
Title: Mayor
By:
Name: Lynn Gorski
Title: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of December, 2023, by
Joshua Hoyt, the Mayor and Lynn Gorski, the City Administrator, of the City of Farmington, a Minnesota
municipal corporation, on behalf of said municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of December, 2023, by Tony
Schertler, Partner of Denmark Trail Workforce Limited Partnership a Minnesota Limited Partnership, on
behalf of said Limited Partnership.
Notary Public
Page 35 of 229
Exhibit A
Legal Description
That part of the West half of the Northwest Quarter (W ½ of NW ¼) in Section 6, Township 113,
Range 19, Dakota County, Minnesota, lying Northerly of the Northerly right-of-way of Chicago,
Milwaukee, St. Paul and Pacific Railroad, Except the two parcels described as follows:
Parcel A: The East 597.97 feet of the West half of the Northwest Quarter (W ½ of NW ¼) in Section
6, Township 113, Range 19, Dakota County, Minnesota, lying Northerly of the Northerly right-of-
way of Chicago, Milwaukee, St. Paul and Pacific Railroad.
Parcel B: The North 1338.34 feet of the West half of the Northwest Quarter (W ½ of NW ¼) in
Section 6, Township 113, Range 19, Dakota County, Minnesota, lying West of the East 597.97 feet
thereof.
Page 36 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Resolution Granting a Second Time Extension for Recording of Final Plat -
Denmark Housing Addition - Community Development
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
The developer of the Denmark Housing Addition (Dakota County CDA) is requesting an extension
to the timeframe for recording of the approved final plat.
DISCUSSION:
The developer, Dakota County Community Development Agency [CDA], received approval from the
City Council for the Denmark Housing Addition final plat on June 20, 2022. Section 11-2-3(E) of the
City Code requires that, upon approval of the final plat by the City Council, the developer shall
record it with the Dakota County Recorder within 6 months of the approval unless a time extension
is requested by the developer and submitted and approved by the City Council. The Council
approved an extension on December 5, 2022 to extend that date until June 30, 2023. That
extension has since lapsed and the developer is requesting a second extension (see attached
request). The requested second extension goes to June 30, 2024.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Adopt Resolution R79-23 Allowing for a Second Extension for the Recording of the Final Plat
Denmark Housing Addition to June 30, 2024.
ATTACHMENTS:
Timeframe extension request 121123
R79-23 Second Extension for Recording of Final Plat, Denmark Housing Addition
Page 37 of 229
1
Tony Wippler
From:Kari Gill <kgill@dakotacda.org>
Sent:Monday, December 11, 2023 9:51 AM
To:Tony Wippler
Subject:[EXTERNAL]Denmark Housing Addition Plat Filing Extension Request
Hi Tony,
The Dakota County CDA would like to request an extension for filing the Denmark Housing Addi on Plat un l June 30,
2024. We have been working with the City regarding the access issues and need the addi onal me for recording the
plat.
Please contact me with any ques ons or if you need any addi onal informa on.
Thank you for your assistance.
Kari Gill
Deputy Execu ve Director
1228 Town Centre Drive | Eagan, MN
55123
P: 651-675-4477
kgill@dakotacda.org
www.dakotacda.org
This communica on may contain confiden al and/or otherwise proprietary material and is for use only by the intended recipient(s).
If you received this email in error, please contact the sender and delete the e-mail and its a:achments from all computers.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe. PLEASE REPORT SUSPICIOUS EMAILS TO:
ITSUPPORT@FARMINGTONMN.GOV
Page 38 of 229
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R79-23
A RESOLUTION ALLOWING FOR A SECOND EXTENSION
FOR THE RECORDING OF THE FINAL PLAT
DENMARK HOUSING ADDITION
WHEREAS, pursuant to Resolution R48-22, the City Council approved the Final Plat of
Denmark Housing Addition subject to the following conditions:
1. The satisfaction of all engineering comments related to the construction plans for grading
and utilities.
2. A Development Contract between the applicant and the City of Farmington shall be
executed and security fees and costs shall be paid. Submission of all other documents
required under the Development Contract shall be required.
WHEREAS, the developer of Denmark Housing Addition requested and was granted an
extension on December 5, 2022 for filing of the final plat for the aforementioned subdivision to
June 30, 2023; and
WHEREAS, the developer is requesting that the City Council approve a second extension
for the filing of a final plat at Dakota County.
NOW, THEREFORE, BE IT RESOLVED, that the Farmington Mayor and City Council
hereby approve the requested second extension for filing of the final plat for the aforementioned
subdivision to June 30, 2024.
Adopted by the City Council of the City of Farmington, Minnesota, this 1 8th day of December
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 39 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Liability Coverage Waiver Form
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
The attached Liability Coverage - Waiver form requires City Council approval
DISCUSSION:
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must decide whether to waive the statutory tort liability limits to the extent of the coverage
purchased.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve the Liability Coverage Waiver form as presented.
ATTACHMENTS:
Liability-Coverage-Waiver-Form signed
Page 40 of 229
League of Minnesota Cities 3/2/2023
Liability Coverage Waiver Form Page 1
LIABILITY COVERAGE WAIVER FORM
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to
the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made
annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the
following effects:
x If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on
any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to
which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply
regardless of whether the member purchases the optional LMCIT excess liability coverage.
x If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could
recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived
to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total
all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to
$2,000,000, regardless of the number of claimants.
x If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a
single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,
regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name: __________________________________________________________________________
______________________________________________________________________________________________
Check one:
܆ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. §
466.04.
܆ The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the
extent of the limits of the liability coverage obtained from LMCIT.
Date of member’s governing body meeting:___________________________________________________________
Signature: _____________________________________________________________________________________
Position: _______________________________________________________________________________________
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust
(LMCIT) must complete and return this form to LMCIT before their effective date of coverage.
Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298.
mber s governing body meet
__________________________________
City of Farmington
✔
December 18, 2023
Finance Director
Page 41 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Payment of Claims
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Attached is the list of check and electronic payments for the period of 11/29/2023-12/11/2023 for
approval.
DISCUSSION:
Not applicable
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
City Claims Report 12 18 2023
Page 42 of 229
CLAIMS FOR APPROVAL 11/29/2023 ‐ 12/11/2023:
CHECK PAYMENTS 530,603.96$
ELECTRONIC PAYMENTS 1,204,401.33$
TOTAL 1,735,005.29$
The City Council receives a detail list of claims paid that is available to
the public upon request.
CITY OF FARMINGTON
SUMMARY PAYMENT OF CLAIMS
December 18, 2023
Page 43 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Financial Review for the Quarter Ending September 30, 2023
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Staff reviews the financial performance of the General Fund and several other funds with the City
Council quarterly . The statements for the third quarter are provided for your review.
DISCUSSION:
A summary of the financial reports is provided below.
General Fund
For 2023, budgeted General Fund revenues, including transfers, total $16,884,783. At the end of
the third quarter of the year, the General Fund revenues total $10,190,286, or 60.35%, of total
budgeted revenues.
Through the third quarter, the overall General Fund expenditures, including transfers, total
$12,322,196 which is 72.98% of the total budget.
EDA
Including transfers into the fund, revenues for the EDA exceed expenditures by $10,081.
Park Improvement Fund
Park development and dedication fees total $177,311, accounting for 82.79% of year-to-date
revenues. Expenditures for the fund total $178,281 through the third quarter.
Arena
Revenues and expenditures for the arena exceed 2022 third quarter totals by $32,428 and 77,632,
respectively.
Liquor Operations
The City has two financial benchmarks for its liquor operations. The first is a 25 percent gross profit
margin. For the third quarter, both of the stores individually were within one percent of the target.
The second standard is a 6 percent profit as a percent of sales. This is evaluated on a combined
basis. At the end of the third quarter, the stores exceeded the standard and reported a 9.18% of
profit as a percent of sales. Sales through the third quarter have increased by $335,810 or 7.19%
Page 44 of 229
over 2022.
Sewer
Revenues for the Sewer Fund reflect an increase of $221,605 as compared to 2022. Expenses
have also increased from last year by $203,211.
Solid Waste
The City ceased its solid waste operation as of December 31, 2021, and fund activity is thereby
limited. The cash balance of the fund totals $1,740,901 at the end of the third quarter.
Storm Water
Revenues for the fund are $50,566 more in comparison to the same period last year. Expenses for
the Storm Water operation reflect a decrease of $77,689 from the prior year quarter end, primarily
as a result of storm water maintenance program costs incurred in the prior year.
Water
In comparison to 2022 third quarter amounts, revenues for the Water Fund have increased
$274,493. Expenses for the operation have increased slightly by a total of $58,504.
Street Light
Street Light Fund revenues have increased while the expenses have decreased in comparison to
2022. At the end of the third quarter, revenues exceeded expenses by $12,385, vs. $1,594 in the
prior year.
NOTE: For all of the City’s utility funds, the billing cycle (revenue) lags the recording of expenses.
For example, the City bills every three months. The January billing includes November and
December of the previous year, as well as January of the current year. So, two-thirds of that billing
cycle is attributable to the prior year and is recorded as such in the financial statements. This
means that at the end of the year, the financial statements will remain open so that the revenues for
the current year can be captured, even though they will not be billed out until January and February
of the following year.
BUDGET IMPACT:
The budget impacts have been noted above as appropriate.
ACTION REQUESTED:
Review and acknowledge the financial reports for the third quarter September 30, 2023.
ATTACHMENTS:
Q3 Financial Reports CC
Page 45 of 229
GENERAL FUND
STATEMENT OF REVENUES - BUDGET TO ACTUAL
REVENUE SOURCE THIS 2023 YEAR 2022 YEAR DIFFERENCE PERCENT
BUDGET MONTH TO DATE TO DATE UNDER(OVER)COLLECTED
Taxes 13,087,930$ -$ 6,897,472$ 6,295,438$ 6,190,458$ 52.70%
Business Licenses 43,350 1,124 37,739 37,914 5,611 87.06%
Building Permits 872,120 189,574 636,009 590,802 236,111 72.93%
Fines and Forfeits 55,000 5,291 40,610 39,825 14,390 73.84%
Intergovernmental:
Local Government Aid - - - 52,794 - 0.00%
Law Officers Training
Reimbursement 25,000 22,224 22,224 25,370 2,776 0.00%
MSA Maintenance 185,400 - 257,391 333,718 (71,991) 138.83%
State Aid Police/Fire 400,000 476,251 480,251 439,056 (80,251) 120.06%
Grants-Federal 3,100 - 3,720 13,316 (620) 120.00%
Other Grants 9,820 (5,017) 50,052 33,156 (40,232) 509.69%
Charges for Services:
General government 11,650 802 5,699 15,253 5,951 48.92%
Public Safety 346,169 48,984 154,594 122,615 191,575 44.66%
Public Works 14,000 4,500 90,014 82,359 (76,014) 642.96%
Park and Recreation 89,100 5,354 96,830 76,471 (7,730) 108.68%
Miscellaneous Revenues
Investment Income 51,000 265 124,705 43,418 (73,705) 244.52%
Rental Income 36,710 2,559 38,719 33,983 (2,009) 105.47%
Franchise Fees 145,000 - 94,473 102,454 50,527 65.15%
Other 11,700 3,421 36,483 29,420 (24,783) 311.82%
Transfers 1,497,734 124,811 1,123,301 1,070,894 374,433 75.00%
Total 16,884,783$ 880,143$ 10,190,286$ 9,438,256$ 6,694,497$ 60.35%
Cash Balance as of September 30, 2023 $8,131,969
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
Page 46 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
GENERAL FUND
STATEMENT OF EXPENDITURES - BUDGET TO ACTUAL
UNEXPENDED PERCENT
DEPARTMENT/DIVISION BUDGET YEAR TO DATE BALANCE EXPENDED
ADMINISTRATION
Legislative 110,262$ 92,222$ 18,040$ 83.64%
Administration 528,826 342,372 186,454 64.74%
Elections 10,000 2,802 7,198 28.02%
Communications 134,785 79,706 55,079 59.14%
City Hall 375,650 316,129 59,521 84.16%
Total 1,159,523$ 833,231$ 326,292 71.86%
HUMAN RESOURCES
Human Resources 401,235$ 368,221$ 33,014$ 91.77%
Total 401,235$ 368,221$ 33,014 91.77%
DAKOTA BROADBAND
Dakota Broadband 45,500$ 4,664$ 40,836$ 10.25%
Total 45,500$ 4,664$ 40,836$ 10.25%
FINANCE AND RISK MANAGEMENT
Finance 658,857$ 498,577$ 160,280$ 75.67%
Risk Management 189,550 156,488 33,062 82.56%
Total 848,407$ 655,065$ 193,342$ 77.21%
POLICE
Police Administration 1,382,034$ 1,050,417$ 331,617$ 76.01%
Patrol Services 3,228,428 2,362,234 866,194 73.17%
Investigations 1,032,707 669,927 362,780 64.87%
Emergency Management 21,400 13,923 7,477 65.06%
Total 5,664,569$ 4,096,501$ 1,568,068$ 72.32%
FIRE
Fire 1,742,006$ 1,258,520$ 483,486$ 72.25%
Total 1,742,006$ 1,258,520$ 483,486$ 72.25%
COMMUNITY DEVELOPMENT
Planning 554,687$ 366,309$ 188,378$ 66.04%
Building Inspections 685,022 535,240 149,782 78.13%
Total 1,239,709$ 901,549$ 338,160$ 72.72%
ENGINEERING
Engineering 672,459$ 448,496$ 223,963$ 66.69%
Natural Resources 142,284 104,690 37,594 73.58%
Total 814,743$ 553,186$ 261,557$ 67.90%
MUNICIPAL SERVICES
Streets 1,436,409$ 991,255$ 445,154$ 69.01%
Snow Removal 280,165 188,084 92,081 67.13%
Total 1,716,574$ 1,179,339$ 537,235$ 68.70%
RECREATION SERVICES
Park Maintenance 979,476$ 788,221$ 191,255$ 80.47%
Rambling River Center 204,199 151,583 52,616 74.23%
Park & Recreation Admin 210,945 162,130 48,815 76.86%
Recreation Programs 215,875 138,469 77,406 64.14%
Total 1,610,495$ 1,240,403$ 370,092$ 77.02%
Transfers Out 1,642,022$ 1,231,517$ 410,505$ 75.00%
TOTAL GENERAL FUND 16,884,783$ 12,322,196$ 4,562,587$ 72.98%
September 30, 2023
Page 47 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
ECONOMIC DEVELOPMENT AGENCY
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Interest (Charge)1,600 663 4,845 2,256 302.81%(6,627)
TOTAL REVENUES 1,600 663 4,845 2,256 302.81%(6,627)
EXPENDITURES
Other Services & Charges 81,510 4,087 69,233 35,755 84.94%40,600
TOTAL EXPENDITURES 81,510 4,087 69,233 35,755 84.94%40,600
TRANSFERS IN/(OUT)50,000 4,167 74,469 81,867 94,367
EXCESS (DEFICIENCY)(29,910)$ 743$ 10,081$ 48,368$ 47,140$
Cash Balance as of September 30, 2023 $265,409.
Page 48 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
PARK IMPROVEMENT FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Park Dedication Fees 75,000$ -$ 126,510$ 210,000$ 168.68%210,000$
Park Development Fees - - 50,801 96,880 0.00%96,880
Rental Income 8,560 - 8,560 7,403 100.00%8,403
Miscellaneous Revenue - - 1,175 - 0.00%-
Interest (Charge) 4,000 3,814 27,118 10,860 677.95%(36,375)
TOTAL REVENUES 87,560 3,814 214,164 325,143 244.59%278,908
EXPENDITURES
Other Services & Charges 352,000 9,059 57,631 19,591 16.37%19,593
Capital Outlay 10,250 103,749 120,650 - 0.00%10,250
TOTAL EXPENDITURES 362,250 112,808 178,281 19,591 49.21%29,843
TRANSFERS IN/(OUT) 100,000 8,333 75,000 56,250 75,000
EXCESS (DEFICIENCY) (174,690)$ (100,661)$ 110,883$ 361,802$ 324,065$
Cash Balance as of September 30, 2023 $1,430,340.
Page 49 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
ICE ARENA
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
User Fees 426,000$ 27,650$ 236,229$ 215,135$ 55.45% 384,814$
Interest 400 44 814 409 203.50% 386
Other Revenue 8,500 - 17,289 6,360 203.40% 11,360
Total Revenues 434,900 27,694 254,332 221,904 58.48% 396,560
Cost of Sales - - (252) - 0.00% (1,198)
TOTAL REVENUES 434,900 27,694 254,080 221,904 58.42% 395,362
EXPENDITURES
Personal Services 298,881 17,424 196,235 180,660 65.66% 267,957
Other Services & Charges 153,226 18,937 165,721 118,332 108.15% 161,655
Capital Outlay 1,000 250 14,668 - 1466.80% -
TOTAL EXPENDITURES 453,107 36,611 376,624 298,992 83.12% 429,612
TRANSFERS IN/(OUT) - 1,667 85,243 - 14,500
EXCESS (DEFICIENCY) (18,207)$ (7,250)$ (37,301)$ (77,088) (19,750)$
Cash Balance as of September 30, 2023 $17,653.
Page 50 of 229
CITY OF FARMINGTON
September 30, 2023
MUNICIPAL LIQUOR OPERATIONS
DOWNTOWN PILOT KNOB TOTAL
YEAR TO DATE YEAR TO DATE YEAR TO DATE
SALES 2023 2,333,406$ 2,670,615$ 5,004,021$
SALES 2022 2,121,954 2,546,257 4,668,211
$ Difference 211,452 124,358 335,810
% Difference 9.96%4.88%7.19%
COST OF GOODS SOLD 1,766,718 1,991,905 3,758,623
GROSS PROFIT 566,688 678,710 1,245,398
% OF GROSS PROFIT
TO SALES 24.29%25.41%24.89%
OPERATING EXPENSES:
Personnel Services & Supplies 263,506 214,763 478,269
Other Services & Charges 152,574 138,673 291,247
Depreciation 15,750 938 16,688
TOTAL 431,830 354,374 786,204
Operating Income 134,858 324,337 459,195
Other Income (Loss) 20,555 17,453 38,008
INCOME BEFORE TRANSFERS 155,413 341,790 497,203
Profit as a % of Sales 9.18%
Operating Transfers In/(Out) (73,172) (73,172) (146,344)
NET INCOME 82,241$ 268,618$ 350,859$
Cash Balance as of September 30, 2023:
Operating Cash (Pots 1 & 2) 790,493$
Community Projects (Pot 3) 389,328
Capital Improvements (Pot 4) 826,231
Petty Cash 3,502
2,009,554$
MONTHLY FINANCIAL REPORT
Page 51 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
SEWER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Service* 2,674,762$ 400,596$ 2,034,848 1,813,243$ 76.08%2,607,594$
Interest 14,200 6,384 45,056 20,117 317.30%(67,170)
Other Revenue - 1 48 - 0.00%3,608
TOTAL REVENUES 2,688,962 406,981 2,079,952 1,833,360 77.35%2,544,032
EXPENSES
Personnel Services 13,038 - 403 847 3.09%1,266
Other Services & Charges 717,171 16,253 146,766 118,582 20.46%156,912
MCES Charges ** 1,994,927 166,244 1,496,196 1,341,767 75.00%1,789,024
Depreciation 690,000 57,500 517,500 496,458 75.00%659,086
TOTAL EXPENSES 3,415,136 239,997 2,160,865 1,957,654 63.27%2,606,288
TRANSFERS IN/(OUT) (999,055) (29,588) (266,291) (500,103) (585,838)
EXCESS (DEFICIENCY) (1,725,229)$ 137,396$ (347,204)$ (624,397)$ (648,094)$
Cash Balance as of September 30, 2023 $2,561,295.
FOOTNOTES:
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Wastewater sales for October, November, and December are not billed until the
** MCES wastewater charges are made on an annual and monthly basis. The budgeted amount is
anticipated as the total expenditure in 2023.
subsequent year, but are accrued at year end.
Page 52 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
SOLID WASTE FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Services* -$ 2,924$ 10,605$ 20,163$ #DIV/0! 21,746$
Intergovernmental - - - 1,027 0.00%22,554
Interest (Charge) 12,000 4,338 33,791 18,610 281.59%(46,858)
Other Revenue - - - 485,629 0.00%487,130
TOTAL REVENUES 12,000 7,262 44,396 525,429 369.97%484,572
EXPENSES
Personnel Services - - - 66,143 #DIV/0! (238,788)
Other Services & Charges 10,000 5,179 67,516 900,434 675.16%924,882
Depreciation - - - - #DIV/0! -
TOTAL EXPENSES 10,000 5,179 67,516 966,577 675.16%686,094
TRANSFERS IN/(OUT) (150,000) (12,500) (112,500) (116,999) (155,999)
EXCESS (DEFICIENCY) (148,000)$ (10,417)$ (135,620)$ (558,147)$ (357,521)$
Cash Balance as of September 30, 2023 $1,740,901.
FOOTNOTES:
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Solid Waste sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
Page 53 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
STORM WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Services* 1,323,263$ 204,068$ 914,739$ 864,173$ 69.13%1,227,091$
Interest (Charge) 10,100 6,721 47,348 19,232 0.00%(58,734)
TOTAL REVENUES 1,333,363 210,789 962,087 883,405 72.15%1,168,357
EXPENSES
Personnel Services 9,227 - 140 781 1.52%780
Other Services & Charges 160,689 13,779 127,352 216,752 79.25%255,507
Depreciation 475,000 39,583 356,250 343,898 75.00%462,938
TOTAL EXPENSES 644,916 53,362 483,742 561,431 75.01%719,225
TRANSFERS IN/(OUT) (901,654) (35,971) (323,741) (922,289) (1,026,052)
EXCESS (DEFICIENCY) (213,207)$ 121,456$ 154,604$ (600,315)$ (576,920)$
Cash Balance as of September 30, 2023 $2,696,951.
FOOTNOTES:
* Charges for Services are not collected on an even flow basis during the year due to the accrual of
revenues year end. Storm Water sales for October, November, and December are not billed until the
subsequent year, but are accrued at year end.
Page 54 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
WATER FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Service* 2,326,548$ 528,730$ 1,705,639$ 1,535,117$ 73.31%2,238,210$
Interest (Charge) 50,200 28,981 212,105 95,383 422.52%(298,496)
Rental Income 275,000 13,170 247,916 262,451 90.15%295,012
Other Revenue - - 3,259 1,475 0.00%5,787
TOTAL REVENUES 2,651,748 570,881 2,168,919 1,894,426 81.79%2,240,513
EXPENSES
Personnel Services 20,536 138 7,605 5,235 37.03%8,540
Other Services & Charges 745,858 72,203 674,112 623,064 90.38%797,369
Debt Service 23,175 - 23,175 26,425 0.00%15,164
Depreciation 1,050,000 87,500 787,500 779,164 75.00%993,281
TOTAL EXPENSES 1,839,569 159,841 1,492,392 1,433,888 81.13%1,814,354
TRANSFERS IN/(OUT) (1,620,899) (38,992) (350,924) (1,253,227) (1,365,703)
EXCESS (DEFICIENCY) (808,720)$ 372,048$ 325,603$ (792,689)$ (939,544)$
Cash Balance as of September 30, 2023
Operating 9,165,915$
Water Treatment Plant 2,461,488
11,627,403$
FOOTNOTES:
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Water sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Page 55 of 229
CITY OF FARMINGTON
MONTHLY FINANCIAL REPORT
September 30, 2023
STREET LIGHT FUND
COMPARATIVE STATEMENT
OF REVENUES AND EXPENSES
BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022
2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL
REVENUES
Charges for Services* 227,000$ 23,140$ 159,690$ 157,001$ 70.35%233,899$
Interest (Charge) 1,400 963 6,678 3,042 477.00%(9,529)
Other Revenue - - - - 0.00%2,218
TOTAL REVENUES 228,400 24,103 166,368 160,043 72.84%226,588
EXPENSES
Other Services & Charges 217,000 17,308 153,983 158,449 70.96%210,174
TOTAL EXPENSES 217,000 17,308 153,983 158,449 70.96%210,174
EXCESS (DEFICIENCY) 11,400$ 6,795$ 12,385$ 1,594$ 16,414$
Cash Balance as of September 30, 2023 $385,656.
FOOTNOTES:
* Charges for services are not collected on an even flow basis during the year due to the accrual of
revenues at year end. Street Light sales for October, November, and December may not be billed until
the subsequent year, but are accrued at year end.
Page 56 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Professional Services Agreement with Ehlers to provide Long-Term Financial
Planning Services
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Council is asked to approve the Professional Services Agreement with Ehlers to provide Long-Term
Financial Planning Services
DISCUSSION:
The long-term financial plan was identified within the City’s strategic plan. A long-term plan provides
us with the opportunity to establish a clear and cohesive vision for the future of Farmington.
Planning for the long term allows the City to allocate resources more efficiently. By identifying
priorities and potential challenges in advance, we can make informed decisions about resource
distribution, ensuring that our investments yield maximum returns for the community. A well-
developed long-term plan promotes financial stability by forecasting future needs and identifying
revenue streams.
The process will include initial discussions with staff to gather the necessary information to build a
baseline plan based on identified capital needs. Once the baseline plan has been completed, a
second meeting will be held with staff to incorporate additional feedback for up to two scenarios to
be built into the plan. Updates will be made to the plan and the plan identifying financial impacts will
be presented to Council for further discussion and input. After refining the plan with direction from
Council and feedback from Staff, a final plan will be presented to Council at a second meeting. It is
anticipated that the process will take approximately four months to complete.
In conclusion, the adoption of a long-term plan is not merely a strategic choice; it is a commitment
to and foresight embracing By Farmington. and well-being development sustainable the of
collaborative planning, we can shape a future that reflects the aspirations and needs of our
community.
BUDGET IMPACT:
Funding will be covered within the 2024 budget.
ACTION REQUESTED:
Approve the Professional Services Agreement with Ehlers.
Page 57 of 229
ATTACHMENTS:
DOCS-#229169-v1-Ehlers_Agreement_for_Professional_Services_-_FMP_2024
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229169v1
AGREEMENTFORPROFESSIONALSERVICES
THISAGREEMENTFORPROFESSIONALSERVICES(“Agreement”)ismadeandenteredintothis
18thdayofDecember,2023byandbetweentheCityofFarmington,aMinnesotamunicipalcorporation
(“TheCity”)andEhlersandAssociates,Inc.,aMinnesotacorporation(“Contractor”).
WHEREAS,theCitydesiresthattheContractor,asanindependentcontractor,performcertain
servicesasamunicipaladvisor,inaccordancewiththeprovisionofthisAgreement,andmorefully
describedherein;and
WHEREAS,Contractordesirestoperformsuchservicespursuanttothetermsandconditions
providedforintheAgreement;and
WHEREAS,thepartiesheretodesiretosetforthcertainunderstandingsregardingtheservicesin
writing.
NOW,THEREFORE,inconsiderationofthemutualcovenantsandagreementscontainedherein,
thepartiesagreeasfollows:
SECTION1–SCOPEOFSERVICES
TheCityagreestoretainContractortoprovidetheservicessetforthintheScopeofWork(“SOW”),
attachedheretoandincorporatedhereinbyreferenceasExhibitA(“Services”).Contractorshallprovide
theServicesinaccordancewiththetermsandsubjecttotheconditionssetforthinthisAgreement.
ContractorwarrantsandrepresentsthatithastherequisiteauthoritytoperformtheServicesin
compliancewiththeprovisionsofthisAgreement.
SECTION2–TERM
ThetermofthisAgreement(the“Term”)shallbeginasofthedateofitsexecutionbybothparties,as
datedaboveandcontinueuntiltheAgreementisterminatedpursuanttoSection14ofthisAgreement,
provided,however,thattotheextentthattheTermexceedsthe2024fiscalyear,theobligations
describedhereinshallbesubjecttoannualappropriationbytheCity,atitssolediscretion.
SECTION3–PROJECTMANAGEMENT
TheCityrequirestheContractortoassignspecificindividualsasprincipalprojectmembersandtoassure
thatthemajorworkandcoordinationwithrespecttotheServiceswillremaintheresponsibilityofthese
individualsortheirreplacementsduringthetermoftheAgreement.Removalofanyprincipalproject
memberwithoutreplacementbyanotherqualifiedindividual(asdeterminedinthereasonable
discretionofContractor)isgroundsforterminationoftheAgreementbytheCity.Initssolediscretion,
theCitymayatanytimerequestthataprincipalprojectmembernolongerprovideServicestotheCity.
TheCityhasdesignatedthefollowingindividualastheProjectManagerfortheAgreement,andthe
individualtowhomallcommunicationspertainingtotheAgreementshallbeaddressed.TheProject
Managershallhavetheauthoritytotransmitinstructions,receiveinformation,andinterpretanddefine
theCity’spolicyanddecisionspertinenttotheworkcoveredbythisAgreement.
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229169v1
CityProjectManager:
KimSommerland,FinanceDirector
430ThirdSt.Farmington,MN55024
651Ͳ280Ͳ6880
ksommerland@farmingtonmn.gov
TheContractorhasdesignatedthefollowingindividual(s)astheProjectTeamfortheAgreement,and
theindividual(s)towhomallcommunicationspertainingtotheAgreementshallbeaddressed.The
ProjectTeamshallhavetheauthoritytotransmitinstructions,receiveinformation,andinterpretand
defineprojectworkcoveredbythisAgreement.
EhlersandAssociates,IncProjectTeam:
JasonAarsvold,SeniorMunicipalAdvisor
3060CenterPointeDriveRoseville,MN55113
651Ͳ697Ͳ8512
jaarsvold@ehlersͲinc.com
RebeccaKurtz,SeniorMunicipalAdvisor
3060CenterPointeDriveRoseville,MN55113
651Ͳ697Ͳ8516
rkurtz@ehlersͲinc.com
KyleSawyer,SeniorFiscalConsultant
3060CenterPointeDriveRoseville,MN55113
651Ͳ697Ͳ8539
ksawyer@ehlersͲinc.com
SECTION4–BILLINGS,PAYMENT,ANDINVOICES
ThecompensationfortheServiceswillbedetailedintheSOWattachedhereto(the“Compensation”).
TheamountssetforthintheSOWshallfullycompensateContractorforallServicesandassociated
costs.TheCitywillhonornoclaimforServicesand/orcostsprovidedbytheContractornotspecifically
providedforinthisAgreement,theSOW,oranamendmentthereto.
Contractorshallsubmitanitemizedinvoicemonthly,orafterServicesarecomplete.Invoiceswillclearly
itemizeallcostsand/orServicesprovided.Uponreceiptoftheinvoiceandverificationofthechargesby
theProjectManager,theCityshallmakepaymenttoContractor.Paymentshallbemadenotlaterthan
fortyͲfive(45)daysfollowinginvoicereceipt.Allpaymentsanddisputesofpaymentsshallbeperformed
inaccordancewithMinnesotaregulationsandMinn.Stat.§471.425.
SECTION5–CITYRESPONSIBILITY
TheCityagreestoprovideContractorwithaccesstoanyinformationfromCitydocuments,staffand
othersourcesunderthecontroloftheCityneededbyContractortocompletetheServicesdescribed
hereinorassetforthintheSOW.TheCityherebyacknowledgesthatContractordoesnottake
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responsibilityforverifyingtheaccuracyorcompletenessofinformationsuppliedbytheCity’s
representatives(“ClientInformation”)andagreesthatifContractorreceivesinaccurate,incompleteor
improperlyformattedClientInformation,(a)Contractorwillhavenoliabilityforrelyingonthesame,
and(b)anyadditionaltimeandexpenserequiredtocorrecttheClientInformationwillbebilledtoCity
asadditionalServices.
SECTION6–AMENDMENTORCHANGESTOAGREEMENT
6.1Anyalterations,amendments,deletions,orwaiversoftheprovisionsoftheAgreementshallbe
validonlywhenreducedtowritinganddulysigned(i)bythepartiesinthecaseofalterations,
amendmentsordeletionstothisAgreementortheSOW;or(ii)bythepartymakingthewaiverinthe
caseofwaivers.
6.2Modificationsoradditionalschedulesshallnotbeconstruedtoadverselyaffectvestedrightsor
causesofactionswhichhaveaccruedpriortotheeffectivedateofsuchamendment,modifications,or
supplement.
6.3Theterm“thisAgreement”asusedhereinshallbedeemedtoincludeanyfutureamendments,
modifications,andadditionalschedulesmadeinaccordanceherewith.
6.4NeitherwaiverofanyoftheprovisionsofthisAgreementshallbedeemedtoconstitutea
waiverofanyotheroftheprovisionsofthisAgreement,norshallsuchwaiverconstituteacontinuing
waiverunlessotherwiseexpresslyprovidedinthisAgreement,norshallthewaiverofanydefaultbe
deemedawaiverofanysubsequentdefault.
SECTION7–RECORDS,DISSEMINATIONOFINFORMATION
7.1ForpurposesofthisAgreement,thefollowingwordsandphrasesshallhavethemeaningsset
forthinthissection,exceptwherethecontextclearlyindicatesthatadifferentmeaningisintended.
“WorkProduct”shallmeananyreport,recommendation,paper,presentation,drawing,demonstration,
orothermaterials,whetherinwritten,electronic,orotherformatthatresultssolelyfromContractor’s
Services.
“SupportingDocumentation”shallmeananysurveys,questionnaires,notes,research,papers,analyses,
whetherinwritten,electronic,orotherformatandotherevidencewhichresultsolelyfromContractor’s
Services,andwhichareusedtoperformtheServicesorproducetheWorkProduct.
“BusinessRecords”shallmeananybooks,documents,papers,accountrecordsandotherevidence,
whetherwritten,electronic,orotherformat,belongingtoContractorandpertainingtotheServices.
7.2AlldeliverableWorkProductandSupportingDocumentationshallbedeliveredtotheCityand
shallbecomethepropertyoftheCityafterfinalpaymentismadetoContractorwithnoright,titleor
interestinsaidWorkProductorSupportingDocumentationvestinginContractor,exceptasprovidedin
thisSection7.2.Contractorshallretaintherighttoallitssoftware,intellectualpropertyandtemplates
thatarenotaprojectspecificdeliverableaswellastoindividualfeaturesoftheWorkProductand
SupportingDocumentationwhichContractorwouldreasonablyexpecttobeabletorecreateinwhole,
orinpartinotherprojects.
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7.3
(a)Exceptasotherwiseprovidedbylaw,Contractoragreesnottodiscloseorotherwise
disseminatenonͲpublicinformationoftheCityassociatedwithorgeneratedasaresultofthe
ServiceswithoutthepriorwrittenconsentoftheCityexceptforthepurposeofproviding
Services.
(b)IfanycourtorregulatoryorderrequiresContractortodisclosesuchnonͲpublic
informationprovidedthatsuchorderordemanddoesnotbyitstermsprohibitsuchnotice,
ContractorwillpromptlyprovidenoticetotheCityofsuchorderordemandandcooperatewith
theCityinrespondingtoit.
(c)TheprovisionsofthisSection7.3willsurviveterminationofthisAgreement.
7.4IntheeventofterminationofthisAgreement,allWorkProductfinishedorunfinished,and
SupportingDocumentationpreparedbytheContractorunderthisAgreement,shallbedeliveredtothe
CitybyContractoruponpaymentofamountsdueandowingforworkperformedandexpensesincurred
onorpriortothedateoftermination,andthereshallbenofurtherobligationoftheCitytoContractor.
7.5TheContractorshallmaintainallBusinessRecordsrelatingtothisAgreementinsuchamanner
aswillreadilyconformtothetermsoftheAgreementandMinnesotarecordsretentionstatutesand
regulationsandtomakesuchmaterialsavailableatitsofficeasrequiredbylawatallreasonabletimes
duringthisAgreementperiodandforsix(6)yearsfromthedateofthefinalpaymentfortheServicesin
accordancewithMinnesotastatutes.
7.6Thepartieswillcomplywithallapplicabledatapracticeslaws,includingbutnotlimitedtothe
MinnesotaGovernmentDataPracticesAct(MGDPA),Minn.Stat.Ch.13andtheMinnesotaRules
implementingtheMGDPA,asamended,aswellasanyapplicablestateorfederallawsondataprivacy
andsecurity.Alldatacreated,collected,received,stored,used,maintained,ordisseminatedbythe
partiesintheperformanceoftheirrolesandresponsibilitiesaresubjecttotherequirementsofthe
MGDPA,theMinnesotaRulesimplementingtheMGDPA,asamended.
SECTION8–NOTICES
ExceptasotherwisestatedinthisAgreement,anynoticeordemandtobegivenunderthisAgreement
shallbedeliveredinpersonordepositedintheUnitedStatesCertifiedMail,ReturnReceiptRequested.
Anynoticesorothercommunicationsshallbeaddressedtotheindividualsandaddressescontainedin
Section3.
SECTION9–EQUALOPPORTUNITY/EMPLOYMENTELIGIBILITY
ThisAgreementissubjecttoallapplicablelaws,regulationsandexecutiveordersrelatingtoequal
opportunityandnonͲdiscriminationinemploymentandtheContractorrepresentsandwarrantsthatit
willnotdiscriminateinitsemploymentpracticesinviolationofanysuchapplicablelaw,regulationor
executiveorder.
9.1Contractorshallnotknowinglyemployorcontractwithanoncitizenwhowillperformwork
underthepubliccontractforServicescontemplatedinthisAgreementandwillparticipateintheEͲ
VerifyProgramorotherprogram,ifany,offeredbytheStateofMinnesotainordertoconfirmthe
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employmenteligibilityofallemployeeswhoarenewlyhiredforemploymenttoperformworkunderthe
publiccontractforServicescontemplatedinthisAgreement.
9.2Contractorshallnotknowinglyenterintoacontractwithasubcontractorthatfailstocertifyto
Contractorthatthesubcontractorshallnotknowinglyemployorcontractwithanoncitizentoperform
theServicescontemplatedinthisAgreement.
9.3ContractorisprohibitedfromusingeithertheEͲVerifyProgramorotherprogram,ifany,offered
bytheStateofMinnesotatoundertakepreͲemploymentscreeningofjobapplicantswhilethis
Agreementisbeingperformed.
9.4IfContractorobtainsactualknowledgethatasubcontractorperformingtheServicesunderthis
Agreementknowinglyemploysorcontractswithanoncitizen,Contractorshallberequiredto:
(a)NotifythesubcontractorandtheCitywithinten(10)businessdaysthatContractorhas
actualknowledgethatthesubcontractorisemployingorcontractingwithanoncitizen.
(b)Terminateitssubcontractwiththesubcontractorifwithinten(10)businessdaysafter
receivingthenoticerequiredabovethesubcontractordoesnotstopemployingorcontracting
withthenoncitizen;exceptthatContractorshallnotterminateitssubcontractwiththe
subcontractorifduringsuchten(10)businessdaysthesubcontractorprovidesinformationto
Contractortoestablishthatthesubcontractorhasnotknowinglyemployedorcontractedwith
annoncitizen.
SECTION10–COMPLIANCEWITHAPPLICABLELAW
Contractoragreestocomplyinallmaterialrespectswithallfederal,stateandlocallawsorordinances,
andallapplicablerules,regulationsandstandardsestablishedbyanyagencyofsuchgovernmental
units,insofarastheyrelatetoContractor’sperformanceoftheprovisionsofthisAgreement.Itshallbe
theobligationofContractortoapplyfor,payandobtainanyandallpermitsand/orlicensesrequired.
SECTION11–CONFLICTOFINTEREST
ForpurposesofthisAgreement,a“ConflictofInterest”occursifContractororoneormoreofits
directors,officersoremployeeshaveamaterialfinancialinterestinanentitydoingbusinesswiththe
Cityorarerelatedtoasupervisor,managerordirectoroftheCity.TothebestofContractor’s
knowledgeenteringintoorperformingthisAgreementdoesnotresultinaconflictofinterestwithany
personorentity.Contractoragreesthatshouldanyrealorperceivedconflictofinterestbecomeknown
toContractor,itwillimmediatelynotifytheCitysoamitigationoftherealorperceivedconflictof
interestcanbemade.Ifnomitigationisavailable,theCityshallhavetherighttoterminatethis
Agreement.
SECTION12–LIMITEDWARRANTY;LIMITATIONONLIABILITY
(a)ContractorwarrantstotheCitythattheServiceswillbeperformedinatimely,
workmanlike,andprofessionalmannerinaccordancewithgenerallyrecognizedindustry
standardsforsimilarservices.CONTRACTOR(i)MAKESNOWARRANTIESEXCEPTFORTHATSET
OUTABOVEAND(ii)DISCLAIMSALLOTHERWARRANTIES,WHETHEREXPRESSORIMPLIED,
INCLUDINGBUTNOTLIMITEDTOIMPLIEDWARRANTIESOFNONͲINFRINGEMENT,
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MERCHANTABILITYANDFITNESSFORAPARTICULARPURPOSE.Contractorshallwithinthirty
(30)daysaftertheeffectivedateofsuchtermination,refundtotheCitythefeespreviouslypaid
bytheCityasofthedateofterminationcorrespondingtothedefectiveServices.
(b)ContractorandtheCityagreethattheliabilityofContractorinconnectionwiththe
ServicesprovidedhereunderwillbelimitedtodirectlossestheCitysuffersasaresultofthe
willfulmisconduct,grossnegligenceand/orerrorsoromissionsofContractor.Thepartiesagree
thatdirectlossesshallnotincludeanythirdͲpartyclaimsbasedontheCity’suseoftheWork
ProductortheSupportingDocumentation.TOTHEEXTENTPERMISSIBLEBYLAW,INNOEVENT
SHALLCONTRACTORBELIABLETOANYTHIRDPARTYFORANYCONSEQUENTIAL,INCIDENTAL,
INDIRECT,EXEMPLARY,SPECIALORPUNITIVEDAMAGESWHETHERARISINGOUTOFBREACHOF
CONTRACT,TORT(INCLUDINGNEGLIGENCE),OROTHERWISEREGARDLESSOFWHETHERSUCH
DAMAGEWASFORESEEABLEANDWHETHERORNOTCONTRACTORHASBEENADVISEDOFTHE
POSSIBILITYOFSUCHDAMAGESANDNOTWITHSTANDINGTHEFAILUREOFANYAGREEDOR
OTHERREMEDYOFITSESSENTIALPURPOSE.
SECTION13–ASSIGNMENT;BINDINGEFFECT
TheCityandContractoreachbindsitselfanditssuccessorsandassignsofsuchotherparty,withrespect
toallcovenantsofthisAgreement;andneithertheCitynorContractorwillassignortransfertheir
interestinthisAgreementwithoutthepriorwrittenconsentoftheotherparty.Anyattempted
assignmentofthisAgreementinwholeorinpartbyapartywithoutthepriorwrittenconsentofthe
otherpartyshallbenullandvoidandofnoeffectwhatsoever.
SECTION14–TERMINATION
14.1EitherpartymayterminatethisAgreementatanytimeandforanyreasonuponninety(90)days
advancewrittennoticetothenonͲterminatingparty,butsuchterminationshallnotterminateanySOW
thenineffect,whichshallcontinuetobegovernedbythetermsofthisAgreementunlessotherwise
terminatedpursuanttoSection14.2.
14.2EitherpartymayterminatethisAgreement,andanySOWthenineffect,effectiveuponwritten
noticetotheotherparty(the“DefaultingParty”).IftheDefaultingParty:(i)materiallybreachesthis
Agreement,andsuchbreachisincapableofcure,orwithrespecttoamaterialbreachcapableofcure,
theDefaultingPartydoesnotcuresuchbreachwithintwenty(20)daysafterreceiptofwrittennoticeof
suchbreach;(ii)becomesinsolventoradmitsitsinabilitytopayitsdebtsgenerallyastheybecomedue;
(iii)becomessubject,voluntarilyorinvoluntarily,toanyproceedingunderanydomesticorforeign
bankruptcyorinsolvencylaw,whichisnotfullystayedwithinseven(7)businessdaysorisnotdismissed
orvacatedwithinfortyͲfive(45)daysafterfiling;(iv)isdissolvedorliquidatedortakesanycorporate
actionforsuchpurpose;(v)makesageneralassignmentforthebenefitofcreditors;or(vi)hasa
receiver,trustee,custodianorsimilaragentappointedbyorderofanycourtofcompetentjurisdictionto
takechargeoforsellanymaterialportionofitspropertyorbusiness.Notwithstandinganythingtothe
contraryinthissection,ContractormayterminatethisAgreement,andanySOWthenineffect,on
writtennoticeiftheCityfailstopayanyamountwhenduehereunderandsuchfailurecontinuesfor
twenty(20)daysafterContractor’swrittennoticetotheCityofnonpayment.
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14.3UponterminationofthisAgreement,(i)neitherpartyshallhaveanyfurtherobligation
hereunderexceptforobligationsaccruingpriortothedateoftermination,and(ii)obligations,promises
orcovenantscontainedhereinwhichareexpresslymadetoextendbeyondthetermofthisAgreement,
orwhich,bytheirnature,shouldsurviveterminationofthisAgreement.
14.4Intheeventoftermination,theCitywillpayContractorforallServicesreceivedbytheCityupto
thereceiptofthenoticeofterminationandthereafteruntilthedateoftermination.Contractorin
accordancewithSection7willdeliverallWorkProductandSupportingDocumentationdevelopedupto
thetimeofterminationtotheCityuponreceiptoffinalpaymentforServices.
SECTION15–GOVERNINGLAW
15.1VenueforallactionsarisingfromthisAgreementshallbeintheDistrictCourtinandforthe
countyinwhichtheCityislocated.Thepartiesexpresslyandirrevocablywaiveanyobjectionsorrights
whichmayaffectvenueofanysuchaction,including,butnotlimitedtoforumnonͲconveniensor
otherwise.AttheCity’srequest,Contractorshallcarryonitsdutiesandobligationsunderthis
AgreementduringanylegalproceedingsandtheCityshallcontinuetopayfortheServicesperformed
underthisAgreementuntilandunlessthisAgreementisotherwiseterminated.
15.2TheStateofMinnesotalawshallapplytoanydispute,withoutregardtoconflictoflaw
principlesthatwouldresultintheapplicationofanylawotherthanthelawoftheStateofMinnesota.
SECTION16–INDEPENDENTCONTRACTOR
ContractorisanindependentcontractorandnothinginthisAgreementshallconstituteordesignate
ContractororanyofitsemployeesoragentsasemployeesoragentsoftheCity.Contractorshallhave
fullpowerandauthoritytoselectthemeans,mannerandmethodofperformingitsdutiesunderthis
Agreement,withoutdetailedcontrolordirectionfromtheCityandshallberesponsibleforsupervising
itsownemployeesand/orsubcontractors.TheCityshallnotbeobligatedtosecure,andshallnot
provide,anyinsurancecoverageoremploymentbenefitsofanykindortypetoorforContractororits
employees,subcontractors,contractors,agents,orrepresentatives,includingcoverageorbenefits
related,butnotlimitedto:local,stateorfederalincomeorothertaxcontributions,insurance
contributions(e.g.FICAtaxes),workers’compensation,disability,injury,healthorlifeinsurance,
professionalliabilityinsurance,errorsandomissionsinsurance,vacationorsickͲtimebenefits,
retirementaccountcontributions,oranyotherformoftaxes,benefitsorinsurance.
SECTION17–SUBͲCONTRACTING
ContractorissolelyandfullyresponsibletotheCityfortheperformanceofallServicesinaccordance
withthetermssetforthinthisAgreement,whetherperformedbyContractororasubcontractor
engagedbyContractor,andthefailureofperformancethereofbysuchpersonsorentities,willnot
relieve,release,oraffectinanymannerContractor’sduties,liabilities,orobligationsunderthis
Agreement.
SECTION18–FORCEMAJEURE
NeithertheCitynorcontractorshallbeheldresponsibleforperformanceifitsperformanceisprevented
byactsoreventsbeyondtheparty’sreasonablecontrol,including,butnotlimitedtosevereweather
andstorms,earthquakeorothernaturaloccurrences,terroristact,fire,ware,pandemic,strikesand
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otherlaborunrest,powerfailures,electricalpowersurgesorcurrentfluctuations,civilmilitary
emergencies,oractsofthelegislature,judiciary,orexecutive.Theimpactedpartyshallpromptlygive
noticetotheotherpartyandshallresumeperformanceofitsobligationsassoonasreasonably
practicableaftertheremovalofthecause.
Section19–ENTIREAGREEMENT
ThisAgreementconstitutestheentireAgreementbetweenthepartiesheretorelatingtotheServices,
andsetsforththerights,duties,andobligationsofeachtotheotherasofthisdate.Anyprior
agreements,promises,negotiations,orrepresentationsnotexpresslysetforthintheAgreementareof
noforceandeffect.
SECTION20–INSURANCE
20.1Contractorshallacquireandmaintain,atitssolecostandexpense,duringtheentiretermofthis
Agreement,insurancecoverageintheminimumamountssetforthinExhibitB,attachedheretoand
incorporatedhereinbyreference.
20.2PriortocommencinganyworkunderthisAgreement,ContractorshallprovidetheCitywitha
certificateorcertificatesevidencingthepoliciesrequiredbythisAgreement,aswellastheamountsof
coveragefortherespectivetypesofcoverage.Ifthecoveragerequiredexpiresduringthetermofthis
Agreement,Contractorshallprovidereplacementcertificate(s)evidencingthecontinuationofthe
requiredpolicies.
SECTION21–NEGOTIATEDPROVISIONS
ThisAgreementshallnotbeconstruedmorestrictlyagainstonepartythanagainsttheothermerelyby
virtueofthefactthatitmayhavebeenpreparedbycounselforoneoftheparties,itbeing
acknowledgedthateachpartyhascontributedsubstantiallytothepreparationofthisAgreement.
SECTION22–SEVERABILITY
IfanyportionofthisAgreementisdeclaredbyanycourtofcompetentjurisdictiontobeinvalid,voidor
unenforceable,suchdecisionshallnotaffectthevalidityofanyotherportionofthisAgreement,which
shallremaininfullforceandeffect,theintentionbeingthatsuchportionareseverable.Inaddition,in
lieuofsuchvoidorunenforceableprovision,thereshallautomaticallybeaddedaspartofthis
Agreementaprovisionsimilarintermstosuchillegal,invalid,orunenforceableprovisionsothatthe
resultingreformedprovisionislegal,valid,andenforceable.
Section23–COUNTERPARTEXECUTION
ThisAgreementmaybeexecutedinseveralcounterparts,eachofwhichmaybedeemedanoriginal,but
allofwhichtogethershallconstituteoneandthesameinstrument.Executedcopieshereofmaybe
deliveredbyfacsimileoremailofaPDFdocument,and,uponreceipt,shallbedeemedoriginalsand
bindinguponthesignatorieshereto,andshallhavethefullforceandeffectoftheoriginalforall
purposes,includingtherulesofevidenceapplicabletocourtproceedings.
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INWITNESSWHEREOF,thepartieshaveexecutedthisAgreementonthedatefirstabove
written.Bythesignatureofitsrepresentativebelow,eachpartyaffirmsthatithastakenallnecessary
actiontoauthorizesaidrepresentativetoexecutetheAgreement.
CityofFarmington
By:__________________________________
JoshuaHoyt
ItsMayor
By:__________________________________
Shirley RBuecksler
ItsCityClerk
EHLERS&ASSOCIATES,INC.,aMinnesotacorporation
By__________________________________
Its________________________________
Page 67 of 229
PROPOSAL TO PROVIDE LONG-TERM FINANCIAL
PLANNING SERVICES TO:
Ehlers
3060 Centre Point Drive
Roseville, MN 55113
Municipal Advisor Registration Number: K0165
SEC CIK Number: 0001604197
ehlers-inc.com
The City of Farmington,
Minnesota
OCTOBER 13, 2023
EHLERS’ ADVISORS:
Rebecca Kurtz
Senior Municipal Advisor
rkurtz@ehlers-inc.com
651-697-8516
Jason Aarsvold
Senior Municipal Advisor
jaarsvold@ehlers-inc.com
651-697-8512
Page 68 of 229
TABLE OF CONTENTS
SUBMITTAL LETTER 3
SECTION 1: FIRM OVERVIEW 4
SECTION 2: EXECUTIVE SUMMARY 5
SECTION 3: APPROACH & TIMELINE 6
SECTION 4: PROFESSIONAL EXPERIENCE 9
SECTION 5: PRICING 13
APPENDIX A: LONG-TERM FINANCIAL PLAN: FUNDS INCLUDED 14
Page 69 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 3
October 13, 2023
Lynn Gorski
City Administrator
City of Farmington
430 3rd Street
Farmington, MN 55024
RE: Proposal for Long-Term Financial Planning Services
Dear Lynn,
On behalf of Ehlers, we are excited to present this proposal to undertake customized long-term
financial planning for the City of Farmington. We are deeply appreciative of the relationship we
have with the City and hope our past efforts along with this proposal demonstrate our team’s
collective commitment and qualifications to deliver a dynamic and practical long-term Financial
Plan – and to surpass your expectations for quality and value. We recently completed a Utility
Rate Study for the City and believe the knowledge we gained during that project positions us as
the firm best suited to complete this new initiative. We would be honored to serve you once again.
Ehlers proposes to prepare a customized long-term Financial Plan to ensure the City can fund its
operations and maintain the financial health of all funds included in this initiative. We further
propose to provide ongoing dialogue and idea-sharing, presentation of customized scenarios
related to your unique circumstances, facilitated Council discussions, and a value-oriented fee
structure.
If you have any questions regarding this proposal, please don’t hesitate to contact us. Thank you
for engaging in discussions and considering us for this important work.
Respectfully submitted,
SUBMITTAL LETTER
Rebecca Kurtz
Senior Municipal Advisor
rkurtz@ehlers-inc.com
651-697-8516
Jason Aarsvold
Senior Municipal Advisor
jaarsvold@ehlers-inc.com
651-697-8512
Page 70 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 4
Firm Overview
BUILDING COMMUNITIES. IT’S WHAT WE DO.
Ehlers helps public sector clients build outstanding places to live, work, learn and play by
delivering focused, fully-integrated municipal financial advisory and consulting services.
We build strong, long-lasting client relationships - working directly and collaboratively with your
staff - to complete projects and drive initiatives forward.
We leverage decades of industry experience, deep market and community knowledge, and our
unique team-based approach to successfully guide clients through all facets of public finance.
Ehlers’ services include:
SECTION 1: FIRM OVERVIEW
Financial Management
Planning
Strategic Planning
Research, Analysis & Studies
Policy Development
Projection Modeling
Utility Rate Analysis
Debt Issuance &
Management
Competitive, Negotiated & Private
Placement
Specialized Instruments
Credit Rating Reviews
Continuing Disclosures
Paying Agent Services
Compliance Policies
Economic Development
& Redevelopment
Investments &
Treasury Management
Policy Development & Evaluation
Strategy Creation & Implementation
Reporting
Cash Flow Analysis & Reporting
Treasury Management Consulting
Arbitrage Consulting
Planning & Project Management
Feasibility & Cash Flow Analysis
Developer Selection &
Negotiation
TIF/Special District
Creation &
ManagementCLIENTS
CONSTITUENTS
COMMUNITIES
Page 71 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 5
Executive Summary
A Long-term Financial Plan (the “Plan”) is comprised of a long-range operating budget and capital
improvement plan with a funding strategy. It will guide the City’s financial future and determine
how the City can adapt to operating changes and meet its operating and capital needs. By
combining the City’s future needs and existing obligations into one projection, the Plan will
measure the total tax impacts of the City’s operations and capital projects, now and into the
future. For example, the Plan will show the impact of any new facilities on the City’s tax rate, tax
levy, and sample property tax and rate payers.
The planning process includes facilitated Council discussions to establish consensus among
Council and staff on funding sources, property tax levels, and priority capital improvements.
Financial planning is a team effort, and we regard ourselves as an extension of staff. As such, we
will communicate with City staff regularly during the planning process to request information, seek
clarification, provide regular updates, and review work completed to date. At a minimum, we will
schedule meetings and calls to review project goals, the initial working draft, the final draft, and
the Council presentation. Please see Section 3 for more information on timing of communications,
SECTION 2: EXECUTIVE SUMMARY
Page 72 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 6
Approach & Timeline
Ehlers will build a customized Plan for the City of Farmington with cashflow projections for each
fund that roll up into a summary forecast. The result: a funding strategy for the City’s priority
projects that meets the City’s parameters for affordability.
The City’s scope of work requests all funds be included in the long-term plan. Based on
clarification received from the City we propose to exclude smaller funds not viewed as material to
the City’s long-term financial planning. Please see Appendix A for a detailed list of the 36 funds
included in our proposal.
Ehlers completed a Utility Rate Study for the City’s Sewer Operations, Storm Water, and Water
Funds in 2023. With the completion of the study, these funds have a plan for moving forward and
are therefore included as optional. More specifically, that study resulted in:
»A full understanding of the capital needs of the utility system
»Options & recommendations for utility rates through 2032
»Recommendations for appropriate cash balances and a strategy for maintaining reserves
»A funding plan for capital projects
»A flexible planning tool that will help the City respond to changing circumstances and
assumptions about capital investments, funding options, and customer growth
If the City opts to include the Utility Funds, we will efficiently incorporate that prior work.
Ehlers’ formal communications anticipate three teleconferences with staff and two meetings with
the City Council. During the initial staff meeting, we will discuss policy issues and capital needs to
prepare a baseline plan of the City’s financial condition that incorporates existing operations plus
all proposed capital expenditures. The baseline plan will show financial impacts related to debt
coverage, fund balances, tax impacts and apparent trends. In the second staff meeting we will
review the draft Plan and incorporate additional staff feedback.
The baseline plan incorporating all staff feedback will be presented to the Council as a starting
place for discussion. We will show the financial impact of accomplishing all the City’s goals and
determine if priorities need to be set between competing demands. We will also explore options
for additional revenues, such as increased or new franchise fees.
SECTION 3: APPROACH & TIMELINE
Page 73 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 7
Based on Council direction, we will refine the Plan with up to two scenarios that alter the timing of
capital projects and alternative revenue sources. This will be reviewed with staff, and feedback will
be incorporated into a final Plan that will be presented to the Council and the public at a second
Council meeting.
The Plan will deliver an achievable, comprehensive financial planning tool covering the next ten
years that has been reviewed by and agreed upon by the City Council.
The Plan includes:
»Annual projected budget numbers for each of the next 10 years
»All operating expenses and capital improvements identified by the City
»Expected changes in the tax base
»Facilitated Council discussions to reach consensus on prioritization of projects and potential
new revenues
»A “financial health” check-up that incorporates bond rating criteria, fund balance metrics, and
IRS restrictions on debt service funds.
»Up to two scenarios for evaluating the timing and amount of capital expenditures
»Presentation materials for Council and City use
Most importantly, the planning process will result in a feasible funding plan for the City’s
operations well into the future.
Timeline
Ehlers anticipates the following timeline to fulfill the scope of services. Ehlers participants will
include a Senior Municipal Advisor and Senior Fiscal Consultant for all meetings. The timeline
assumes the City Council approves the contract on November 20th, 2023, as stated in the City’s
request for proposals.
Activity Tasks Outcomes Timing Participants
Kick-off Meeting
Policy and financial
challenges, priorities,
and data
Information gathered
to prepare baseline
Plan
November Ehlers & City
Staff
Base Plan
Development
Build customized Plan
and input data
gathered at kick off
meeting
Baseline Plan for
review with Staff
December
- January Ehlers
Base Plan Review
Meeting #1
Review Plan,
assumptions, and
clarifying questions
Staff input and
direction
December
- January
Ehlers & City
Staff
SECTION 3: APPROACH & TIMELINE
Page 74 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 8
Activity Discussion Topics Outcomes Timeline Participants
Plan Refinement
& Review Meeting
#2
Incorporate staff
feedback for up to two
scenarios into the Plan
Refined Plan for City
Staff review January Ehlers & City
Staff
Council
Presentation #1
Overview Plan, inputs,
financial impacts, and
policy issues with
Council to solicit
feedback
Council direction on
policy issues,
affordability, new
revenue sources and
refinement
January
City Council,
Ehlers & City
Staff
Plan Updates Update Plan based
upon Council direction
Updated Plan for
review with Staff
January
- February Ehlers
Updated Plan
Review Meeting
#3
Review Council
directed changes to
Plan
Updated Plan and
presentation for
Council
January
- February
Ehlers & City
Staff
Council
Presentation #2
Overview updated Plan
based upon Council
direction and review
options if any
Finalized Plan,
strategic direction for
Council and messaging
for constituents
March
City Council,
Ehlers & City
Staff
Information to be Provided by the City
Long-term financial Plans are a team effort. We will work with the City to obtain the following
information. Ehlers can obtain some of this information from the City’s website and already has
some on file.
»3 years of audited financial statements
»Budget for 2024
»YTD financial information for 2023
»10-year Capital Improvement Plan
»New staffing or operational initiatives
»Projected growth estimates for next ten years
»Debt repayment schedules
»Information on the expiration date and tax base of the TIF Districts
»Growth estimates
»Other information as necessary
SECTION 3: APPROACH & TIMELINE
Page 75 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 9
Professional Experience
Ehlers brings strong capital improvement plan experience across all the markets we serve,
particularly in Minnesota. In the last five years alone, we’ve completed more than 100 long-term
financial planning initiatives for our clients.
We believe our experience is best demonstrated by the following case studies:
Reference: The City of Hopkins, Minnesota
Mike Mornson
City Manager
952-938-8474
mmornson@hopkinsmn.com
Project: Ehlers completed a Financial Plan with facilitated strategic
planning in 2019 and we are currently engaged in the process of
updating the plan with new City priorities. The original plan
addressed several issues the City was facing:
»The fund balance was below City policy requirements
»The Center for the Arts was unable to repay an interfund loan
»The City wanted to add 7 new FTE
»The City needed to identify funding for street projects
averaging $2.6M per year over five years
Result: Ehlers developed a Financial Plan to address these issues
over five years at an average cost to taxpayers (on a median value
home) of $62 per year. Ehlers continues to work with the City to
update the Plan annually with the current update addressing the
continued need to invest in community services through additional
public safety and planning staff and new equipment and capital
needs.
SECTION 4: PROFESSIONAL EXPERIENCE
Page 76 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 10
Reference: The City of Forest Lake, Minnesota
Patrick Casey
City Administrator
651-209-9750
Patrick.casey@ci.forest-lake.mn.us
Project: The City of Forest Lake was evaluating how to fund
an aggressive pavement management program to address
deferred street reconstruction. In addition, to serve a
growing community, they planned to add $4.5 million in
parks, new city facilities, additional staff and new vehicles
and equipment. Ehlers completed a 10-year financial plan
that measured the tax and rate impacts of completing their
capital projects.
Result: Through facilitated discussion, the Council prioritized
projects and altered their timing to ensure the tax impact
would be affordable. Our work also resulted in a funding plan
that determined how much of the capital cost could be
funded with cash vs. bonds. Finally, Ehlers completed cash
flow projections for the City’s water, sewer, and storm water
funds to reflect the utility portion of the street projects.
Reference: The City of Cottage Grove, Minnesota
Jennifer Levitt
City Administrator
651-458-2890
jlevitt@cottagegrovemn.gov
Project: The City of Cottage Grove has a new staffing plan adding
17.5 FTE over the next four years, significant equipment needs, a
new park building that needs to be constructed, improvements to
their golf course irrigation system and $115 million in other various
road and capital improvement needs – all putting significant
upward pressure on the tax levy in the short-term. Ehlers facilitated
discussions with Council and staff to determine priorities and
acceptable levels of tax increases. The feedback was used to
develop a customized ten-year financial plan measuring the tax
impact of adding staff and completing their capital projects.
Result: Ehlers developed a final plan that achieved the City’s vision
over a longer time horizon, “layering in” the priority staff additions
and equipment purchases. As part of the process the City revised
its fund balance policy to provide more financial flexibility and
address the reserve needs in funds beyond the general fund. As a
result of the thorough and inclusive decision-making process that
was part of the financial plan; the City streamlined its 2024
budgeting process using the financial plan as its guide.
SECTION 4: PROFESSIONAL EXPERIENCE
Page 77 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 11
Proposed Project Team
Ehlers proposes the following team of professionals - bringing more than 75 years combined
expertise in public finance and long-term financial planning - to deliver a high quality, accurate
plan that will address the City’s financial and policy concerns.
Below are the summary resumes for our proposed project team:
MUNICIPAL ADVISORS
Rebecca Kurtz
Senior Municipal Advisor
Project Management Support
FISCAL CONSULTANTS
Kyle Sawyer
Senior Fiscal Consultant
Financial Planning Analysis
Elizabeth Diaz
Senior Fiscal Consultant
Financial Planning Analysis
Jason Aarsvold
Senior Municipal Advisor
Jason serves as a Senior Municipal Advisor for Ehlers’ Minnesota Team. He
brings more than two decades of municipal development and finance
experience to his role with the firm. Jason has analyzed and negotiated some of
the most complicated economic development and redevelopment projects in
Minnesota, navigating complex financial issues and creating new, innovative
community solutions. One of Jason’s greatest attributes is his ability to
demystify the complexities of the economic development process for his clients.
He unites community leaders, developers and residents, guiding them through
program development with his strong market knowledge and public finance
expertise.
Jason Aarsvold
Senior Municipal Advisor
Primary Contact & Project Manager
Rebecca Kurtz
Senior Municipal Advisor
Rebecca is a Senior Municipal Advisor who joined Ehlers in 2000 to help
Minnesota cities, counties and special districts with the design and
implementation of financial solutions for their communities. Ehlers’ clients
benefit from Rebecca’s experience in tax increment financing and tax
abatement, debt issuance, development analysis and public finance related
projects. Prior to joining Ehlers, Rebecca worked for Minnesota’s Department of
Employment and Economic Development and South Dakota’s Governor’s Office
of Economic Development.
SECTION 4: PROFESSIONAL EXPERIENCE
Page 78 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 12
Kyle Sawyer
Senior Fiscal Consultant
Kyle is a Senior Fiscal Consultant supporting our Municipal Advisors across all
Ehlers’ markets with project management and analysis for municipal debt
transactions, economic development and redevelopment initiatives, long-term
financial planning and fiscal studies. Kyle brings more than a decade of direct
local government experience to his role with the firm. From 2011 to 2021, he
served as an Accountant and Assistance Finance Director for the City of Edina,
where he was integral in developing Capital Improvement Plans, constructing
the biennial budget and conducting annual audits. He also assisted with debt
planning and issuance, investments oversight and cash flow management.
Before that, Kyle worked as an auditor for cities and school districts across
Minnesota.
SECTION 4: PROFESSIONAL EXPERIENCE
Elizabeth Diaz
Senior Fiscal Consultant
Elizabeth brings over 25 years of experience in financial planning and
management for local governments. She fulfills an integral role helping
Minnesota governments and public agencies design and implement financial
solutions that advance community priorities. Before joining Ehlers in 2000,
Elizabeth amassed nine years of local government experience, including working
for the Minnesota State Auditor’s office and serving as the accountant and
finance director for a Twin Cities suburb.
Page 79 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 13
Pricing
Ehlers proposes to complete the Long-term Financial Plan, including a fund-by-fund analysis of 39
funds, for a fixed fee of $30,000.
For any additional work the City requests, we will bill hourly at the following rates:
Position Hourly Rate
Senior Municipal Advisor $265
Senior Fiscal Consultant $265
Fiscal Consultant (if required) $250
Ehlers will bill the City for actual hours which may result in a lower overall cost. As the project
unfolds, Ehlers will invoice monthly for work completed in the prior month with descriptions of
project activities and the time expended. Ehlers bills for one-way travel to the City which is
reflected in the not-to-exceed cost.
SECTION 5: PRICING
Page 80 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 14
Long-Term Financial Plan - Funds Included
Based on our discussions and a review of your audited financial statements, we propose including
the following funds into the study:
»General Fund
»Federal Aid Fund
»Debt Service Funds
* 2011A
* 2013A
* 2015A
* 2016A
* 2016B
* 2019A
* 2020A
* 2022A
»Maintenance Fund
»Private Capital Projects Fund
»Spruce Street Fund
»Liquor Operations Fund
»Solid Waste Fund
»Street Light Fund
»Internal Service Funds
* Employee Expense
* Property and Liability Insurance
* Fleet
* Information Technology
»Economic Development Authority (EDA) Fund
»Park Improvement Fund
»Arena (Ice) Fund
»Cable Communications Fund
»State Aid Construction Fund
»Fire Fund
»Recreation Fund
»Permanent Improvement Revolving Fund
»General Capital Equipment Fund
APPENDIX A: LONG-TERM FINANCIAL PLAN - FUNDS INCLUDED
Page 81 of 229
Proposal to the City of Farmington, Minnesota
Submitted by Ehlers - October 13, 2023 15
»Parking Lot Project Fund
»Akin Street Reconstruction Fund
»Trail Maintenance
»Building Maintenance
»Sanitary Sewer Trunk Fund
»Storm Water Trunk Fund
»Water Trunk Fund
»Sewer Operations Fund
»Storm Water Fund
»Water Fund
The City’s scope of work asks for all funds to be included in the long-term plan. Based on
clarification received from the City, we excluded smaller funds not viewed as material to it’s long-
term financial planning. The funds excluded are non-major special revenue funds, including: Dakota
Broadband, Trident Housing Tax Increment, Police Donations and Forfeitures, Police Public
Outreach, and K-9 funds. If there is a desire to include any of these funds, we would be happy to
do so and can provide the City with the associated cost estimate.
The above listed funds have the potential to impact the property tax levy, and we want to gather a
complete picture of all potential tax impacts when we develop a long-term Financial Plan. The Plan
will provide the Council and the public with a road map to meet strategic priorities and an
understanding how today’s decisions will affect constituents in the future.
SECTION 3: PROJECT OVERVIEW & APPROACH
Page 82 of 229
229169v1
EXHIBITA
SCOPEOFWORK
Page 83 of 229
229169v1
EXHIBITB
INSURANCEREQUIREMENT
1.StandardWorker’sCompensationandEmployer’sLiabilityInsurancecoveringallemployeesof
ContractorinvolvedwiththeperformanceoftheServices,withpolicyamountsandcoveragein
compliancewiththelawsofthejurisdictioninwhichtheServiceswillbeperformed.
2.CommercialGeneralLiabilityInsurancewithminimumlimitsofliabilityofnotlessthan
$1,000,000peroccurrenceforbodilyinjuryandpropertydamageliability;$2,000,000designated
location,generalaggregate,and$1,000,000umbrella.Suchinsurancewillincludecoveragefor
contractualliability,personalinjuryandbroadformpropertydamage,andshallincludeallmajor
divisionsofcoverageandbeonacomprehensivebasisincluding,butnotlimitedto:
a.premisesoperations;
b.personalinjuryliabilitywithoutemploymentexclusion;
c.limitedcontractual;
d.broadformpropertydamages,includingcompletedoperations;
e.medicalpayments;
f.productsandcompletedoperations;
g.independentconsultantscoverage;
h.coverageinclusiveofconstructionmeans,methods,techniques,sequences,and
procedures,employedinthecapacityofaconstructionconsultant;and
3.ComprehensiveAutomobileLiabilityInsurancecoveringallowned,nonͲownedandhired
automobilesusedinconnectionwiththeperformanceoftheServices,withlimitsofliabilityofnotless
than$1,000,000combinedsinglelimitbodilyinjuryandpropertydamage.
4.Professionalliabilityinsuranceintheamountof$2,000,000.00eachoccurrence.
Page 84 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Julie Flaten, Asst City Admin/HR Director
Department: HR
Subject: 2024 Non-Bargaining Compensation Increases and Approval of Memorandum's of
Understanding with Unions for Market Adjustments to Wages
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Approve the compensation scale for non-bargaining employees, including the City Administrator,
and the memorandum's of understanding with four union groups for 2024 market adjustments to
wages.
DISCUSSION:
Annually, the City Council reviews the compensation of employees. This process is done in
conjunction with the budget process. In 2023, a compensation study was conducted, and the wage
scale was proposed to move to the 75th percentile of the comparable market. This adjustment was
approved as part of the 2024 budget.
All four union groups have contracts that run through December 31, 2024, and those contracts
include a 3.0% cost of living adjustment. The unions are agreeable to the included memorandums
of understanding, which will provide for the market adjustment on top of the cost-of-living increase.
BUDGET IMPACT:
Wages are included in the 2024 proposed budget.
ACTION REQUESTED:
Approve the compensation scales for non-bargaining employees, including the City Administrator,
and the memorandum's of understanding for AFSCME Maintenance Unit, AFSCME Clerical,
Technical and Professional Union, LELS Patrol Unit, and LELS Sergeants Unit.
ATTACHMENTS:
2024 Wages-Patrol MOU
LELS-Patrol 2024 Wage Table
2024 Wages MOU-Sergeants
LELS-Sergeant 2024 Wage Table
2024 Wages-AFSCME CTP MOU
2024 Wages-AFSCME MT MOU
AFSCME MT Union 2024 Wage Tables
Page 85 of 229
AFSCME CTP Union 2024 Wage Tables
2024 Non-Union Wage Scale
Page 86 of 229
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Page 87 of 229
WAGE SCHEDULE FOR 2024
January 1, 2024
ANNUAL MONTHLY HOURLY OVERTIME
WAGE WAGE RATE RATE
Start 74,033.90$ 6,169.49$ 35.593$ 53.390$
After 6 months 78,387.11$ 6,532.26$ 37.686$ 56.529$
After 1 year 82,740.31$ 6,895.03$ 39.779$ 59.668$
After 2 years 91,448.99$ 7,620.75$ 43.966$ 65.949$
After 3 years 100,155.40$ 8,346.28$ 48.152$ 72.227$
Page 88 of 229
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Page 89 of 229
Monthly Hourly Overtime
Annual Wage Wage Rate Rate
January 1, 2024 Start 104,061.08$ 8,671.76$ 50.029$ 75.044$
After 1 year 109,010.99$ 9,084.25$ 52.409$ 78.614$
After 2 years 114,006.10$ 9,500.51$ 54.811$ 82.216$
After 3 years 120,131.33$ 10,010.94$ 57.755$ 86.633$
WAGE SCHEDULE
Page 90 of 229
Memorandum of Understanding
This Memorandum of Understanding is made and entered into between the City of Farmington,
Minnesota, (“Employer”), and American Federations of State, County, and Municipal Employees, Council
5, Local Union 3815, AFL-CIO, Clerical, Technical & Professional.
Whereas, the City and Union are parties to a collective bargaining agreement (“CBA”), in effect from
January 1, 2022 through December 31, 2024, and
Whereas, Article 30 – Wages provides for a 3.00% cost of living adjustment for the year 2024, and
Now therefore, the parties agree hereto agree to the following:
1) that the cost of living adjustment will be 3.00% plus a market adjustment for 2024, See
Appendix B updated tables.
The terms of the Memorandum shall remain in effect through December 31, 2024, unless the parties
mutually agree otherwise.
In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this
_____day of _________________________2023.
CITY OF FARMINGTON AFSCME CTP Local 3815
_____________________________ __________________________
Joshua Hoyt, Mayor Tyler Schneider, President
_____________________________ ___________________________
Lynn Gorski, City Administrator Matt Thomas, Treasurer
_____________________________ ___________________________
Shirley Buecksler, City Clerk Julie Dornack, AFSCME
___________________________
Crystal Kreklow, AFSCME State Field Director
Page 91 of 229
Memorandum of Understanding
This Memorandum of Understanding is made and entered into between the City of Farmington,
Minnesota, (“Employer”), and American Federations of State, County, and Municipal Employees, Council
5, Local Union 3815, AFL-CIO, Maintenance Unit.
Whereas, the City and Union are parties to a collective bargaining agreement (“CBA”), in effect from
January 1, 2022 through December 31, 2024, and
Whereas, Article 30 - Wages provides for a 3.00% cost of living adjustment for the year 2024, and
Now therefore, the parties agree hereto agree to the following:
1) that the cost of living adjustment will be 3.0% plus a market adjustment for 2024, See
Appendix B updated tables.
2) the position of Lead Mechanic will be added as a grade B25/B32 in Appendix B.
The terms of the Memorandum shall remain in effect through December 31, 2024, unless the parties
mutually agree otherwise.
In Witness Whereof, the parties hereto have executed this Memorandum of Understanding on this
_____day of _________________________2023.
CITY OF FARMINGTON AFSCME MT Local 3815
_____________________________ ___________________________
Joshua Hoyt, Mayor Tyler Schneider, President
_____________________________ ___________________________
Lynn Gorski, City Administrator Matt Thomas, Treasurer
_____________________________ ___________________________
Shirley Buecksler, City Clerk Julie Dornack, AFSCME
____________________________
Crystal Kreklow, AFSCME State Field Director
Page 92 of 229
Grade Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
A13 Custodian 24.568 25.153 25.737 26.323 26.907 27.492 28.077 28.662 29.247 29.949 30.667
51,100.46 52,318.02 53,533.26 54,750.82 55,966.06 57,183.62 58,401.19 59,616.42 60,833.99 62,293.67 63,788.27
B22 Facilities/Park Maintenance Worker 29.231 29.928 30.624 31.320 32.016 32.712 33.407 34.104 34.800 35.635 36.490
Solid Waste Maintenance Worker 60,801.39 62,249.43 63,697.47 65,145.51 66,593.55 68,041.59 69,487.31 70,935.35 72,383.39 74,120.10 75,898.73
Parkkeeper
B23 Facilities Maintenance Worker 31.561 32.312 33.064 33.815 34.566 35.318 36.069 36.821 37.572 38.474 39.398
65,646.04 67,208.16 68,772.60 70,334.71 71,896.83 73,461.27 75,023.38 76,587.83 78,149.94 80,026.34 81,946.97
B24/B31 Maintenance Worker 34.476 35.298 36.118 36.940 37.760 38.581 39.402 40.222 41.044 42.029 43.037
Mechanic 71,710.58 73,419.36 75,125.82 76,834.60 78,541.05 80,247.50 81,956.28 83,662.74 85,371.52 87,420.19 89,517.75
B25/B32 Lead Mechanic 37.973 38.877 39.781 40.686 41.589 42.493 43.398 44.302 45.206 46.291 47.402
Lead Public Works Worker 78,983.38 80,864.43 82,745.49 84,626.54 86,505.27 88,386.33 90,267.38 92,148.44 94,029.49 96,285.36 98,597.11
2024 Position and Salary Structure
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A11 Part-time Liquor Store Clerk 15.95 16.60 17.27 17.68 18.11
A12 Liquor Store Clerk 22.238 22.769 23.298 23.828 24.357 24.887 25.416 25.945 26.475 27.110 27.761
Part-time RRC Program Assistant 46,255.81 47,359.30 48,460.46 49,561.62 50,662.78 51,763.95 52,865.11 53,966.27 55,067.43 56,389.76 57,742.35
A13 Administrative Support Technician 24.568 25.153 25.737 26.323 26.907 27.492 28.077 28.662 29.247 29.949 30.667
51,100.46 52,318.02 53,533.26 54,750.82 55,966.06 57,183.62 58,401.19 59,616.42 60,833.99 62,293.67 63,788.27
B21 Sr. Administrative Support Technician 26.903 27.544 28.184 28.825 29.465 30.106 30.747 31.387 32.027 32.796 33.583
Accounting Technician 55,959.07 57,290.71 58,622.35 59,956.32 61,287.95 62,619.59 63,953.56 65,285.20 66,616.83 68,216.20 69,852.81
B22 Administrative Support Specialist 29.231 29.928 30.624 31.320 32.016 32.712 33.407 34.104 34.800 35.635 36.490
Accounts Payable Specialist 60,801.39 62,249.43 63,697.47 65,145.51 66,593.55 68,041.59 69,487.31 70,935.35 72,383.39 74,120.10 75,898.73
B23 31.561 32.312 33.064 33.815 34.566 35.318 36.069 36.821 37.572 38.474 39.398
65,646.04 67,208.16 68,772.60 70,334.71 71,896.83 73,461.27 75,023.38 76,587.83 78,149.94 80,026.34 81,946.97
B24/B31 Administrative Assistant 34.476 35.298 36.118 36.940 37.760 38.581 39.402 40.222 41.044 42.029 43.037
Engineering Technician 71,710.58 73,419.36 75,125.82 76,834.60 78,541.05 80,247.50 81,956.28 83,662.74 85,371.52 87,420.19 89,517.75
Communications Specialist
B25/B32 Liquor Store Manager 37.973 38.877 39.781 40.686 41.589 42.493 43.398 44.302 45.206 46.291 47.402
Natural Resoucres Specialist 78,983.38 80,864.43 82,745.49 84,626.54 86,505.27 88,386.33 90,267.38 92,148.44 94,029.49 96,285.36 98,597.11
GIS Specialist
C41 Building Inspector 40.890 41.862 42.836 43.810 44.783 45.757 46.731 47.704 48.677 49.846 51.042
PW Project Coordinator 85,050.25 87,073.31 89,098.71 91,124.10 93,149.49 95,174.89 97,200.28 99,223.35 101,248.74 103,679.22 106,167.89
Recreation Supervisor
Community Development Specialist
Planning Coordinator
C42 Planning Manager 43.218 44.247 45.276 46.304 47.334 48.363 49.391 50.421 51.450 52.684 53.949
Civil Engineer 89,892.57 92,034.36 94,173.83 96,313.30 98,455.10 100,594.56 102,734.03 104,875.83 107,015.29 109,583.12 112,213.81
2024 Position and Salary Structure
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B24/B31 Human Resources Specialist 34.476 35.298 36.118 36.940 37.760 38.581 39.402 40.222 41.044 42.029 43.037
Payroll Specialist 71,710.58 73,419.36 75,125.82 76,834.60 78,541.05 80,247.50 81,956.28 83,662.74 85,371.52 87,420.19 89,517.75
PD Administrative Support Specialist
B25/B32 IT Specialist 37.973 38.877 39.781 40.686 41.589 42.493 43.398 44.302 45.206 46.291 47.402
PD Administrative Support Manager 78,983.38 80,864.43 82,745.49 84,626.54 86,505.27 88,386.33 90,267.38 92,148.44 94,029.49 96,285.36 98,597.11
C41 Accountant 40.890 41.862 42.836 43.810 44.783 45.757 46.731 47.704 48.677 49.846 51.042
City Clerk 85,050.25 87,073.31 89,098.71 91,124.10 93,149.49 95,174.89 97,200.28 99,223.35 101,248.74 103,679.22 106,167.89
Economic Development Coordinator
C42 Network Administrator 43.218 44.247 45.276 46.304 47.334 48.363 49.391 50.421 51.450 52.684 53.949
Parks and Facilities Supervisor 89,892.57 92,034.36 94,173.83 96,313.30 98,455.10 100,594.56 102,734.03 104,875.83 107,015.29 109,583.12 112,213.81
C43 Street & Utility Supervisor 46.440 47.754 49.069 50.383 51.697 53.012 54.326 55.640 56.955 58.322 59.721
96,594.99 99,328.11 102,063.56 104,796.67 107,529.79 110,265.24 112,998.36 115,731.47 118,466.92 121,309.45 124,219.50
C44/C51 Assistant City Engineer 49.227 50.859 52.258 53.658 55.058 56.457 57.857 59.258 60.657 62.113 63.604
Deputy Fire Chief 102,391.81 105,786.09 108,696.14 111,608.52 114,520.89 117,430.94 120,343.32 123,255.69 126,165.74 129,194.52 132,295.47
Liquor Operations Manager
Building Official
C45/C52 Police Captain 52.181 53.910 55.394 56.878 58.361 59.845 61.329 62.812 64.296 65.840 67.419
108,535.50 112,132.32 115,219.30 118,306.28 121,390.94 124,477.92 127,564.89 130,649.55 133,736.53 136,946.89 140,231.75
D61 Deputy Police Chief 55.050 57.144 58.717 60.291 61.863 63.436 65.008 66.581 68.154 69.790 71.465
IT Director 114,504.60 118,860.36 122,131.25 125,404.47 128,675.37 131,946.26 135,217.16 138,488.05 141,761.28 145,162.54 148,647.62
D62 Community & Economic Development Director 57.803 60.002 61.653 63.305 64.956 66.608 68.259 69.911 71.561 73.280 75.038
Finance Director 120,229.24 124,803.84 128,237.70 131,673.88 135,107.74 138,543.93 141,977.78 145,413.97 148,847.83 152,421.37 156,078.72
Fire Chief
Assistant City Administrator/HR Director
Municipal Services Director
Parks & Recreation Director
D63 60.692 63.001 64.736 66.470 68.204 69.937 71.672 73.406 75.140 76.943 78.790
126,240.24 131,042.99 134,651.45 138,257.58 141,863.71 145,469.84 149,078.30 152,684.44 156,290.57 160,041.04 163,882.30
D64 Police Chief 63.727 66.152 67.973 69.793 71.614 73.435 75.255 77.076 78.897 80.791 82.729
Public Works Director/City Engineer 132,551.55 137,596.41 141,384.13 145,169.53 148,957.24 152,744.96 156,530.36 160,318.07 164,105.79 168,044.84 172,077.00
D65/D72 66.913 69.460 71.371 73.283 75.195 77.106 79.018 80.930 82.841 84.830 86.866
139,179.48 144,475.77 148,452.06 152,428.35 156,404.64 160,380.93 164,357.22 168,333.51 172,309.80 176,446.73 180,681.43
E81 City Administrator 70.260 72.933 74.939 76.947 78.954 80.962 82.969 84.977 86.984 89.071 91.209
146,140.32 151,699.67 155,873.85 160,050.35 164,224.52 168,401.03 172,575.20 176,751.70 180,925.88 185,267.67 189,714.22
2024 Position and Salary Structure
Effective January 1, 2024
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Julie Flaten, Asst City Admin/HR Director
Department: HR
Subject: Employee Recognition Policy Update
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Council is asked to approve the updated Employee Recognition Policy.
DISCUSSION:
Staff recommends updating the Employee Recognition Policy, effective January 1, 2024, to include
a monetary service award for Paid-on-Call Firefighters.
BUDGET IMPACT:
Employee Recognition funds are included in the 2024 budget.
ACTION REQUESTED:
Approve the updated Employee Recognition Policy, effective January 1, 2024.
ATTACHMENTS:
Employee Recognition Policy-12.18.2023
Page 96 of 229
POC Firefighter service awards effective January 1, 2024.
Employee Recognition Program
Purpose
Th e City’s Employee Recognition Program is designed to recognize employees for the ir
accomplishments, and years of service which has contributed to the success of the City. The
City acknowledges that recognition of employees provides retention, job satisfaction, and
creates a more engaged work force.
Service Awards
In recognition of their years of service to the City, employees will receive a gift certificate to
a business of their choice , located in the City of Farmington, for each year of service, in five-
year increments. Full-tim e , part-time regular employees, and paid-on-call fire fighte rs are
eligible for service awards.
Years of Service Full-tim e Part -tim e and POC Fire fighte rs
5 $50 $25
10 $100 $50
15 $150 $75
20 $200 $100
25 $250 $125
30 $300 $150
35 $350 $175
40 $400 $200
Eligible employees will receive their award on or around their anniversary date. Recognition
for years of service for employees that end employment and then are reinstated will be
decided on a case-by-case basis.
Recognition and Appreciation Events
Annually the City may sponsor an Employee Recognition Event for City employees. The
City may also sponsor an annual employee picnic or Holiday party.
Page 97 of 229
POC Firefighter service awards effective January 1, 2024.
Retirement or Resignation
The City may provide a cake or comparable food item and non-alcoholic beverages when a
City employee in good standing leaves the City.
The City supports recognition plaques in recognition of long-time service or retirement.
All amounts expended shall be reasonable in nature. The costs of elements of the
Employee Recognition Program shall be included as separate line item in the annual
budget and approved annually by the City Council as part of the overall budget process.
Page 98 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Julie Flaten, Asst City Admin/HR Director
Department: HR
Subject: Paid-on-Call Firefighter Wages and Fire Officer Stipends
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Council is asked to approve the 2024 Paid-on-Call Firefighter Wages and Fire Officer Stipends.
DISCUSSION:
During 2023, the City looked at comparable wages of paid-on-call Firefighters in similarly sized
communities. It is recommended that the City increase the wages of Firefighters and Cadets and
also increase the Fire Officer stipends for 2024.
BUDGET IMPACT:
Wages are included in the 2024 budget.
ACTION REQUESTED:
Approve the 2024 Paid-on-Call Firefighter Wages and Fire Officer Stipends.
ATTACHMENTS:
2024 Fire Wages
Page 99 of 229
2024 Paid-on-Call Firefighter Wages
Cadet: $15.67
Firefighter: $16.79
2024 Fire Officer S�pends:
Duty Officer: $5.60 (was previously Duty Chief)
Crew Leader: $17.91
Lieutenant: $18.75
District Chief: $21.27
Assistant Chief: $21.55
Page 100 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Julie Flaten, Asst City Admin/HR Director
Department: HR
Subject: Personnel Policy Update
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Council is asked to approve a personnel policy update.
DISCUSSION:
Effective January 1, 2024, Minnesota's new earned safe and sick time law requires employers to
provide paid leave to all employees who work in the state.
Any employee who works at least 80 hours in a year is eligible for paid sick and safe time leave.
The leave is eligible to be used for a wide variety of reasons including when an employee is sick, to
care for a sick family member, or to seek assistance if an employee or family member has
experienced domestic abuse, sexual assault, stalking, or when a family member's school or care
facility is closed due to the weather.
The City of Farmington currently provides sick or personal time off to its full-time employees. This
law expands who is eligible for paid leave to all employees working more than 80 hours in a year
which will include temporary, seasonal, part-time liquor store, and paid-on-call fire employees. Also,
the allowable uses for the new leave are more expansive than those allowed with the City's current
paid sick leave.
Accordingly, Staff is proposing the addition of the earned safe and sick time provision to its
personnel policy.
BUDGET IMPACT:
N/A
ACTION REQUESTED:
Approve policy 5.12a Earned Safe and Sick Time (ESST).
ATTACHMENTS:
ESST Pesonnel Policy 12.2023
Page 101 of 229
Section 5.12a – Earned Safe and Sick Time (ESST)
“Earned Sick and Safe Leave” is paid time off earned at one hour of Earned Sick and Safe for
every 30 hours worked by an employee, up to a maximum of 48 hours of sick and safe leave per
year. The hourly rate of Earned Sick and Safe Leave is the same hourly rate an employee earns
from employment with the city. This specific leave applies to all employees (including
temporary and part-time employees) performing work for at least 80 hours in a year for the city.
Employees eligible to accrue regular sick leave time or personal time off each pay period will
also accrue Earned Sick and Safe Leave, but accrued Earned Sick and Safe Leave will be
subtracted from an employee’s accrued regular sick leave or personal time off each pay period,
up to a maximum of 48 hours of Earned Sick and Safe Leave time per year.
For the purposes of Earned Sick and Safe Leave a year is defined as a calendar year.
(a) Earned Sick and Safe Leave Use
The leave may be used as it is accrued in the smallest increment of time tracked by the city’s
payroll system which is .25/hour or 15 minute increments for the following circumstances:
• An employee’s own:
o Mental or physical illness, injury or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
o injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential
transmission of a communicable illness related to a public emergency, or seeking
or awaiting the results of a diagnostic test for, or a medical diagnosis of, a
communicable disease related to a public emergency and the employee has been
exposed to a communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
• Seek medical attention related to physical or psychological injury or disability caused by
domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization
• Obtain psychological or other counseling
• Seek relocation or take steps to secure an existing home due to domestic abuse, sexual
assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in any civil
or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking
• Care of a family member:
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• With mental or physical illness, injury or other health condition Who needs medical
diagnosis, care or treatment of a mental or physical illness, injury or other health
condition Who needs preventative medical or health care Whose school or place of care
has been closed due to weather or other public emergency When it has been determined
by health authority or a health care professional that the presence of the family member
of the employee in the community would jeopardize the health of others because of the
exposure of the family member of the employee to a communicable disease, whether or
not the family member has actually contracted the communicable disease
• Absence due to domestic abuse, sexual assault or stalking of the employee’s family
member provided the absence is to:
• Seek medical attention related to physical or psychological injury or disability caused by
domestic abuse, sexual assault, or stalking
• Obtain services from a victim services organization
• Obtain psychological or other counseling
• Seek relocation or take steps to secure an existing home due to domestic abuse, sexual
assault or stalking
• Seek legal advice or take legal action, including preparing for or participating in any civil
or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking
(b) For Earned Sick and Safe Leave purposes, family member includes an employee’s:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis
when the employee was a minor child
• Grandchild, foster grandchild or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child-in-law or sibling-in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship
• Up to one individual annually designated by the employee
(c) Advance Notice for use of Earned Sick and Safe Leave
If the need for sick and safe leave is foreseeable, the city requires seven days’ advance notice.
However, if the need is unforeseeable, employees must provide notice of the need for Earned
Sick and Safe time as soon as practicable. When an employee uses Earned Sick and Safe time for
more than three consecutive days, the city may require appropriate supporting documentation
(such as medical documentation supporting medical leave, court records or related
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documentation to support safety leave). However, if the employee or employee's family member
did not receive services from a health care professional, or if documentation cannot be obtained
from a health care professional in a reasonable time or without added expense, then reasonable
documentation may include a written statement from the employee indicating that the employee
is using, or used, Earned Sick and Safe Leave for a qualifying purpose. The city will not require
an employee to disclose details related to domestic abuse, sexual assault, or stalking or the
details of the employee’s or the employee’s family member’s medical condition. In accordance
with state law, the city will not require an employee using Earned Sick and Safe leave to find a
replacement worker to cover the hours the employee will be absent.
(d) Carry Over of Earned Sick and Safe Leave
Employees are eligible for carry over accrued but unused Earned Sick and Safe Leave time into
the following year, but the total of Earned Sick and Safe Leave hours shall not exceed 80 hours
at any given time.
(e) Retaliation prohibited
The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an
Earned Sick and Safe Leave absence, or pursuing remedies. Further, use of Earned Sick and Safe
Leave will not be factored into any attendance point system the city may use. Additionally, it is
unlawful to report or threaten to report a person or a family member’s immigration status for
exercising a right under Earned Sick and Safe Leave.
If an employee believes they have been retaliated against or improperly denied Earned Sick and
Safe Leave rights under law, they can report a complaint to the City’s Human Resources Director
or file a complaint with the Minnesota Department of Labor and Industry.
(f) Benefits and return to work protections
During an employee’s use of Earned Sick and Safe Leave, an employee will continue to receive
the city’s employer insurance contribution as if they were working, and the employee will be
responsible for any share of their insurance premiums.
An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to
return to their city employment at the same rate of pay received when their leave began, plus any
automatic pay adjustments that may have occurred during the employee’s time off. Seniority
during Earned Sick and Safe Leave absences will continue to accrue as if the employee has been
continually employed.
When there is a separation from employment with the city and the employee is rehired again
within 180 days of separation , previously accrued Earned Sick and Safe Leave that had not been
used will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at
the commencement of reemployment.
Page 104 of 229
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 - Dec 18 2023
INTRODUCTION:
Approve the appointment of Sean Majewski as a Building Inspector and the promotion of Andrew
Van Dorn to Police Sergeant.
DISCUSSION:
The City recently accepted applications for the vacant Building Inspector position. Eight candidates
were interviewed, and Staff is recommending Sean Majewski be appointed as a Building Inspector.
Sean has been a Building Inspector for the City of Faribault since 2022 and holds a Building
Inspection Technology certification. Sean would begin employment on January 8, 2024.
Andrew Van Dorn has been working for the City of Farmington since 2006. During that time, he has
proven himself to be a valuable member of the Police Department. Officer Van Dorn has been an
instructor in firearms, less lethal weapons, distraction devices, active shooter, defensive tactics, and
reality-based training. He is currently an Assistant Commander on South Metro SWAT and was a
School Resource Officer for five years. Sergeant Van Dorn will replace retiring Sergeant Jim
Murphy in early 2024.
BUDGET IMPACT:
Wages are included in the budget.
ACTION REQUESTED:
Approve the appointment of Sean Majewski as a Building Inspector and the promotion of Andrew
Van Dorn to Police Sergeant.
Page 105 of 229
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 - Dec 18 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 $569.90 was recently made by Happy Harry’s Furniture to the RRC.
The donation was made through a program created in 2011 in which a customer of Happy Harry’s
Furniture can select a charity of their choice to receive a donation when merchandise is purchased
from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one
of the charities that can be selected by customers.
With these donations, Happy Harry’s Furniture has donated a total of $16,016.55 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 R80-23 Accepting a Donation of $569.90 from Happy Harry’s Furniture to the
Rambling River Center.
ATTACHMENTS:
R80-23 Accepting $569.90 from Happy Harry's Furniture
Page 106 of 229
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R80-23
A RESOLUTION ACCEPTING
A DONATION OF $569.90 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 $569.90 to the Rambling River Center
; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $569.90 from Happy Harry’s
Furniture to the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of December
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 107 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Resolution Accepting Donation from Dakota County Heroes
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Dakota County Heroes made a donation to the Farmington Police Department to purchase a
protective ballistic vest for K9 Smoke.
DISCUSSION:
Throughout 2023, the Dakota County Heroes group raised funds with the goal of donating sufficient
funds to pay for a protective ballistic vest for the Farmington Police Department's K9 working dog,
Smoke. They ultimately raised and donated $3,099.00 which will cover the entire cost of the vest.
Staff has communicated the Police Department's and the City's appreciation on behalf of the City
Council to Dakota County Heroes for their generous donation.
BUDGET IMPACT:
As this donation will fully fund the intended purchase, there is no budget impact.
ACTION REQUESTED:
Adopt the attached resolution accepting the donation of $3,099.00 from Dakota County Heroes.
ATTACHMENTS:
R77-23 Accepting Donation From Dakota County Heroes
Page 108 of 229
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R77-23
A RESOLUTION ACCEPTING
A DONATION OF $3,099.00 FROM DAKOTA COUNTY HEROES
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:
DAKOTA COUNTY HEROES has donated $3,099 to the Farmington Police
Department to purchase a ballistic vest for K9 Smoke; 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 $3,099 from Dakota County Heroes
to the Farmington Police Department.
Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of December
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 109 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Resolution Accepting Grant Award from the Minnesota Chiefs of Police
Foundation
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
The Farmington Police Department has been awarded a $2,500.00 grant from the Minnesota
Chiefs of Police Foundation to implement a Bicycle Helmet Safety Campaign.
DISCUSSION:
The Minnesota Chiefs of Police Foundation Community Partnerships Grant Program supports
Minnesota Police Departments in their efforts to build trust and strong relationships with their
community. In the aftermath of a fatal bicycle crash this past summer, the Farmington Police
Department's Community Engagement Team proposed starting a Bike Helmet Safety Campaign
with a goal of providing free bike helmets to those children whose families might not be able to
afford them. Staff applied for and was awarded a $2,500.00 grant under this program. Staff intends
to launch this initiative in the spring of 2024.
BUDGET IMPACT:
None
ACTION REQUESTED:
Adopt Resolution R78-23 Accepting a Grant Award from the Minnesota Chiefs of Police Foundation
for a Bicycle Helmet Safety Campaign, in the amount of $2,500.00.
ATTACHMENTS:
R78-23 MCPF Grant Award Bike Helmet Safety Campaign
MCPF Grant Approval Notification
Page 110 of 229
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R78-23
A RESOLUTION ACCEPTING
A GRANT AWARD FROM THE MINNESOTA CHIEFS OF POLICE FOUNDATION
FOR A BICYCLE HELMET SAFETY CAMPAIGN
WHEREAS, the Farmington Police Department submitted a grant application for a
Bicycle Helmet Safety Campaign; and
WHEREAS, the Minnesota Chiefs of Police Foundation has awarded a $2,500.00 grant to
the Farmington Police Department for a Bicycle Helmet Safety Campaign; and
WHEREAS, it is in the best interest of the City to accept this grant award.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the $2,500.00 grant award from the Minnesota Chiefs of
Police Foundation for a Bicycle Helmet Safety Campaign.
Adopted by the City Council of the City of Farmington, Minnesota, this 18th day of December
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 111 of 229
Page 112 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: South Metro SWAT Joint Powers Agreement
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
The Farmington Police Department is one of 13 law enforcement agencies that are parties to the
South advanced SWAT Metro South (JPA). provides powers joint SWAT Metro agreement
emergency law enforcement response capabilities that Farmington could not provide alone.
DISCUSSION:
The South Metro SWAT JPA is set to expire at the end of 2023. The South Metro SWAT governing
board, policies, team evaluates and reviews team leadership, from input with continually
procedures, and the JPA. The board found no significant changes to the JPA were necessary
during their most recent review. The attached version will renew the South Metro SWAT JPA for an
additional five years, expiring on December 31, 2028. It has been reviewed by the City Attorney's
Office.
BUDGET IMPACT:
Funding for the Farmington Police Department's participation in South Metro SWAT is provided for
in the 2024 budget.
ACTION REQUESTED:
Approve the execution of the South Metro SWAT 2024-2028 Joint Powers Agreement.
ATTACHMENTS:
SMS JPA 2024-2028
Page 113 of 229
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South Metro SWAT 2024 Joint Powers Agreement
DAKOTA COUNTY SOUTH METRO SWAT
2024 JOINT POWERS AGREEMENT
The parties to this Agreement are units of government responsible for critical incident
response in their respective jurisdictions. This Agreement is made pursuant to the authority
conferred upon the parties by Minn. Stat § 471.59. This Agreement amends and supersedes the
DAKOTA COUNTY SOUTH METRO SWAT, 2019 JOINT POWERS AGREEMENT, and shall
become effective only upon the approval and execution hereof by duly authorized officers of
all the parties.
NOW, THEREFORE, the undersigned governmental units, in the joint and mutual
exercise of their powers, agree as follows:
1. Name. South Metro SWAT.
2. General Purpose. The purpose of this Joint Powers Agreement is to establish an
organization to coordinate efforts to develop and provide joint response to critical
incidents or high-risk entries where there is a risk of criminal violence, occurring within
and outside of the parties’ jurisdictions.
3. Parties. The parties to this Agreement shall consist of the following units of
government:
City of Apple Valley City of Mendota Heights
City of Farmington City of Rosemount
City of Hastings City of South St. Paul
City of Inver Grove Heights City of West St. Paul
City of Lakeville County of Dakota
City of Faribault County of Rice
City of Northfield
4. Governance.
4.1. Governing Board. The governing board (“Board”) of the South Metro SWAT
shall consist of one member and one alternate member appointed by the chief
law enforcement officer of each party to this Agreement. Appointees shall be
full-time supervisory peace officers of the appointing party. Resolutions or other
documentation of the appointments shall be filed with the chair of the Board.
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South Metro SWAT 2024 Joint Powers Agreement
Members of the Board shall not be deemed to be employees of South Metro
SWAT and shall not be compensated by the Board.
4.2. Terms. Appointees shall serve at the pleasure of the appointing party and may
be removed only by the appointing party.
4.3. Officers. During the first quarter of each year the Board shall elect from its
members a chair, vice chair and secretary/treasurer. The chair shall preside at all
meetings of the Board and shall perform other duties as determined by the
Board, including the authority to sign contracts authorized by the Board. The
vice chair shall preside during the absence of the chair. The secretary/treasurer
shall assist the chair in overseeing the Board’s budget and finances.
4.4. Meetings. The Board shall have regular quarterly meetings. Special meetings
may be held on reasonable notice by the chair or vice chair. The presence of a
simple majority of the members shall constitute a quorum. All meetings of the
board shall be subject to the Open Meeting Law.
4.5. Voting. Each party to this agreement shall have one vote at any meeting of the
Board. Proxy votes are not permitted. The Board shall function by a majority
vote of board members or alternate members present, provided that a quorum is
present.
5. Duties of the Board.
5.1. The Board will formulate a program to carry out its purpose.
5.2. The Board will coordinate information between the parties and the South Metro
SWAT.
5.3. The Board has the exclusive authority to and shall appoint and supervise the
Team Commander and Assistant Team Commanders of the South Metro SWAT,
including appointment to fill vacancies in these positions. Appointments
require the concurrence of the chief law enforcement officer of the Team
Commander’s or Assistant Team Commander’s employer.
5.4 The Board may relieve the Team Commander or an Assistant Team Commander
of their duties at any time upon simple majority vote of the Board.
5.5 The Board shall review annually the policies and procedures of the South Metro
SWAT Team.
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South Metro SWAT 2024 Joint Powers Agreement
6. Powers of the Board.
6.1. The Board may enter into any contract necessary or proper for the exercise of its
powers or the fulfillment to its duties and enforce such contracts to the extent
available in equity or at law, except that the Board shall not enter into any
contract the term of which exceeds one year.
6.2. The Board may enter in written contracts with any party to provide budgeting
and accounting and administrative services necessary or convenient for the
Board. Such services may include but not be limited to: management of all
funds, payment for contracted services and other purchases, relevant
bookkeeping and record keeping, records management, training records, and
purchase of equipment.
6.3. The Board may disburse funds in a manner which is consistent with this
Agreement and with the method provided by law for the disbursement of funds
by the party under contract to provide budgeting and accounting services.
6.4. The Board may apply for and accept gifts, grants or loans of money or other
property (excluding real property) or assistance from the United States
government, the State of Minnesota, or any person, association, or agency for
any of its purposes; enter into any agreement in connection therewith; and hold,
use and dispose of such money or other property and assistance in accordance
with the terms of the gift, grant or loan relating thereto.
6.5. The Board must obtain and maintain liability insurance in amounts not less than
the statutory liability limits established under Minn. Stat. Ch. 466 and may
obtain other insurance it deems necessary to insure the parties, the Board, its
members and employees of the parties for actions arising out of this Agreement,
including, but not limited to extended reporting period coverage upon
termination. With respect to employees of parties who have responded to a
request for assistance pursuant to paragraph 9.5.1, they will be deemed to be
taking actions arising out of this Agreement from the time they receive a request
for assistance pursuant to this Agreement and commence traveling to the
location where assistance is to be provided until the Team Commander or
Assistant Team Commander has made the decision pursuant to paragraph 9.5.1
to recall the team.
6.6. All powers granted herein shall be exercised by the Board in a fiscally
responsible manner and in accordance with the requirements of law. The
purchasing and contracting requirements of the party providing budgeting and
accounting shall apply to the Board.
6.7. The Board may cooperate with other federal, state and local law enforcement
agencies to accomplish the purpose for which it is organized.
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South Metro SWAT 2024 Joint Powers Agreement
6.8 South Metro SWAT does not have the authority to seize property for purposes of
Minn. Stat. §§ 609.531-.5318.
6.9. The Board may retain legal counsel to advise the Board and provide civil legal
services. The Dakota County Attorney’s Office is not the Board’s legal counsel.
6.10. All cash monies derived from South Metro SWAT operations shall remain the
property of south Metro SWAT and shall be used in furtherance of South Metro
SWAT efforts.
6.11 The Board is not responsible for investigating the conduct of the Team
Commander, an Assistant Team Commander or any team member assigned to
the South Metro SWAT. The Board will forward any complaints about any of the
conduct of any such individual to the individual’s employing agency.
7. Budget and Finance.
7.1. Budget. By April 30 of each year the Board shall prepare and adopt a budget for
the following calendar year and may amend the same from time to time.
7.2. Expenses. The parties intend to fund South Metro SWAT through annual
contribution paid by each party. The Board shall establish the contribution by
April 30 of the year prior to the year when the contribution is payable. The
parties agree to pay the contribution as determined by the Board on or before
January 31 of the year following the determination, provided that the respective
city council or county board for each party has included funds for this purpose
in its adopted budget. If a party elects to withdraw from this Agreement, there
will be no reimbursement of any part of the contribution made for the year of
withdrawal.
7.3. Accountability. If the Board elects to contract with a party to provide budgeting
and accounting services, the Board shall enter into a written fiscal agent
agreement with such party. The fiscal agent shall forward reports on South
Metro SWAT receipts and disbursements to the members on a monthly basis.
Fiscal agent responsibilities include but are not limited to management of all
funds, including party contributions and grant funds, payment for contracted
services, and bookkeeping and recordkeeping. All funds shall be accounted for
according to generally accepted accounting principles.
7.4 Invoices. The secretary/treasurer may authorize payment of invoices which are
consistent with the adopted budget and shall report to the Board all such
invoices at its next regular meeting.
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South Metro SWAT 2024 Joint Powers Agreement
8. South Metro SWAT Team members.
8.1. The Team Commander and Assistant Team Commanders and team members
shall be licensed peace officers. The chief law enforcement officer of each party
shall assign licensed peace officers to serve as South Metro SWAT team
members, subject to approval of the Team Commander. Appointment as a Team
Commander, Assistant Team Commander or team member pursuant to this
Agreement shall not obligate any party to pay its employees so appointed any
premium pay.
8.2. Team Commander, Assistant Team Commanders and team members assigned
to the South Metro SWAT at all times will remain employees of the members’
respective jurisdictions and will not be employees of the Board.
9. Operations.
9.1. Team Structure. The Team Commander, with Board approval, will organize a
leadership structure for South Metro SWAT that ensures efficient operation and
deployment of resources.
9.2. Budget. The Team Commander will prepare and present to the Board annually
a requested operating and capital improvement budget for the following year.
9.3. Communication. The Team Commander will act as a liaison between the South
Metro SWAT and the Board, providing quarterly updates on team status,
deployment, and budget.
9.4. Training. The Team Commander shall be responsible for arranging monthly
and annual training events for team members, consistent with direction from the
Board. The Team Commander shall also be responsible for maintaining records
of the training received by team leaders and members as well as records of all
other activities undertaken by the Team Commander, Assistant Team
Commanders, team leaders and team members pursuant to this Agreement.
9.5. Deployment.
9.5.1. Requests for Assistance. Whenever a party, in its sole discretion,
determines that conditions within its jurisdiction cannot be adequately
addressed by that jurisdiction’s personnel and resources because of a
critical incident or need for high risk entry, the party may request, in
accordance with policies and procedures of the Board, that the South
Metro SWAT deploy a South Metro SWAT team to assist the party’s
jurisdiction. Upon a request for assistance, a South Metro SWAT team
may be dispatched to the requesting party, in accordance with policies
and procedures of the Board. A party may decline to make its personnel
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South Metro SWAT 2024 Joint Powers Agreement
available in response to any such request. Failure to provide assistance in
response to a request made pursuant to this Agreement will not result in
any liability to a party or South Metro SWAT. The Team Commander or
Assistant Team Commander shall notify the Board members representing
the employing agencies’ team members who are deployed anytime that
assistance is provided pursuant to this Agreement. The Team
Commander will report to the Board quarterly regarding any assistance
provided to a party pursuant to this Agreement. The Team Commander
or an Assistant Team Commander may at any time and in his/her sole
judgment recall the team. The decision to recall a team provided
pursuant to this Agreement will not result in liability to the South Metro
SWAT, any party, or to the Team Commander or Assistant Team
Commander who recalled the team.
9.5.2. Direction and Control. A party may at any time recall its personnel or
equipment if it is considered to be in the best interests of the party to do
so. South Metro SWAT team members will be under the tactical control
of the Team Commander or other person in command of the scene, until
a party withdraws its personnel or equipment.
9.5.3. Compensation. When the South Metro SWAT provides services to a
requesting party, the personnel of the South Metro SWAT shall be
compensated by their respective employers just as if they were
performing the duties within and for the jurisdiction of their employer.
No charges will be levied by the South Metro SWAT or by the parties for
specialized response operations provided to a requesting party pursuant
to this Agreement unless that assistance continues for a period exceeding
24 continuous hours. If assistance provided pursuant to this agreement
continues for more than 24 continuous hours, and the assistance is not
provided in connection with a police call for services, any party whose
officers provided assistance for South Metro SWAT may, at the direction
of the board, submit itemized bills for the actual cost of any assistance
provided, including salaries, overtime, materials and supplies, to the
South Metro SWAT and the South Metro SWAT shall submit the invoices
to the requesting party. The requesting party shall reimburse the South
Metro SWAT for that amount, and the South Metro SWAT shall forward
the reimbursement to the responding party.
9.5.4. Workers’ Compensation. Each party to this Agreement shall be
responsible for injuries to or death of its own employees in connection
with services provided pursuant to this Agreement. Each party shall
maintain workers’ compensation coverage or self-insurance coverage,
covering its own personnel while they are providing assistance as a
member of the South Metro SWAT. Each party to this Agreement waives
the right to sue any other party for any workers’ compensation benefits
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South Metro SWAT 2024 Joint Powers Agreement
paid to its own employee or their dependents, even if the injuries were
caused wholly or partially by the negligence of any other party or its
officers, employees, or agents. The Team Commander, Assistant
Commander, and team members are not employees of the South Metro
SWAT.
9.5.5. Damage to Equipment. Each party shall be responsible for damage to or
loss of its own equipment occurring during deployment of the South
Metro SWAT. Each party waives the right to sue any other party for any
damages to or loss of its equipment, even if the damages or losses were
caused wholly or partially by the negligence of any other party or its
officers, employees, or agents.
9.5.6. Liability and Indemnification. The South Metro SWAT is a separate and
distinct public entity to which the parties have transferred all
responsibility and control for actions taken pursuant to this Agreement.
The South Metro SWAT shall defend and indemnify the parties and their
officers, employees, volunteers, and agents from and against all claims,
damages, losses, and expenses, including reasonable attorney fees,
arising from the South Metro SWAT activities or operations, including
deployments of a South Metro SWAT team, decisions of the Board, and
South Metro SWAT training activities.
To the full extent permitted by law, this Agreement is intended to be and
shall be construed as a “cooperative activity” and it is the intent of the
parties that they shall be deemed a “single governmental unit” for the
purposes of liability, all as set forth in Minnesota Statutes, Section 471.59,
subd. 1a(a); provided further that for purposes of that statute, each party
to this Agreement expressly declines responsibility for the acts or
omissions of the other parties.
Nothing in this Agreement shall constitute a waiver of the statutory
limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver
of any available immunities or defenses. Under no circumstances shall a
party be required to pay on behalf of itself and any other parties any
amounts in excess of the limits of liability established in Minnesota
Statutes Ch. 466 applicable to any third-party claim. The statutory limits
of liability for some or all of the parties may not be added together or
stacked to increase the maximum amount of liability for any third-party
claim.
Any excess or uninsured liability shall be borne equally by all the parties,
but this does not include the liability of any individual officer, employee,
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or agent which arises from his or her own malfeasance, willful neglect of
duty, or bad faith.
Nothing herein shall be construed to provide insurance coverage or
indemnification to an officer, employee, or volunteer of any member for
any act or omission for which the officer, employee or volunteer is guilty
of malfeasance in office, willful neglect of duty, or bad faith.
9.6. Aid to Non-Parties.
9.6.1. Upon a request for assistance from a governmental unit that is not a party
to this Agreement, a South Metro SWAT team may be dispatched to such
governmental unit, in accordance with policies and procedures of the
Board, for a period of time not to exceed 24 hours, provided that the police
chief or Sheriff, as appropriate, has consented to such deployment of his or
her respective employees. Failure to provide assistance in response to any
such request shall not result in any liability to a party or South Metro
SWAT. The Team Commander or Assistant Team Commander shall notify
the chair of the Board any time such assistance is provided. The Team
Commander or Assistant Team Commander may at any time and in
his/her sole judgment recall the team. The decision to recall a team
hereunder shall not result in any South Metro SWAT liability.
9.6.2. Any party whose officers provided assistance pursuant to this paragraph
may, at the direction of the board, submit itemized bills for the actual cost
of any assistance provided, including salaries, overtime, materials and
supplies to the South Metro SWAT and the South Metro SWAT shall
submit the invoices to the requesting entity. The South Metro SWAT shall
forward any payments it receives in connection with such invoices to the
invoicing party.
10. Term. The term of this Agreement shall be effective only when all the parties have
signed this Agreement. The chair of the Board shall notify the parties in writing of the
effective date of this Agreement. This Agreement shall continue in effect until
terminated in accordance with paragraph 11.2 or December 31, 2028, whichever first
occurs.
11. Withdrawal and Termination.
11.1. Withdrawal. Any party may withdraw from this Agreement upon 90 days’
written notice to the other parties. Withdrawal by any party shall not terminate
this Agreement with respect to any parties who have not withdrawn.
Withdrawal shall not discharge any liability incurred by any party prior to
withdrawal. Such liability shall continue until discharged by law or agreement.
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South Metro SWAT 2024 Joint Powers Agreement
A withdrawing party shall have no claim to any property or assets owned or
held by South Metro SWAT.
11.2. Termination. This Agreement shall terminate upon the occurrence of any one of
the following events: (a) when necessitated by operation of law or as a result of a
decision by a court of competent jurisdiction; or (b) when a majority of remaining
parties agrees to terminate the Agreement upon a date certain.
11.3. Effect of Termination. Termination shall not discharge any liability incurred by
the South Metro SWAT or by the parties during the term of this agreement.
Upon termination and after payment of all outstanding obligations, property or
surplus money held by the South Metro SWAT shall then be distributed to the
parties in proportion to their contributions.
12.Notice. Notice of withdrawal shall be provided by first class mail to the following:
Apple Valley Chief of Police
7100 147th Street West
Apple Valley, MN 55124
Farmington Chief of Police
19500 Municipal Drive
Farmington, MN 55024
Hastings Chief of Police
150 3rd Street East
Hastings, MN 55033
Inver Grove Heights Chief of Police
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Lakeville Chief of Police
9237 183rd Street West
Lakeville, MN 55044
Faribault Chief of Police
25 4th St NW
Faribault, MN 55021
Northfield Chief of Police
1615 Riverview Dr
Northfield, MN 55057
Mendota Heights Chief of Police
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South Metro SWAT 2024 Joint Powers Agreement
1101 Victoria Curve
Mendota Heights, MN 55118
Rosemount Chief of Police
2875 145th Street West
Rosemount, MN 55068
South St. Paul Chief of Police
125 3rd Avenue North
South St. Paul, MN 55075
West St. Paul Chief of Police
1616 Humbolt Avenue
West St. Paul, MN 55118
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
Rice County Sheriff
118 3rd St NW
Faribault, MN 55021
13.Miscellaneous.
13.1. Amendments. This agreement may be amended only in writing and upon the
consent of each of the parties’ governing body.
13.2. Records, accounts and reports. The books and records of the South Metro SWAT
shall be subject to the provisions of Minn. Stat. Ch. 13.
13.3. Counterparts. This agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one
and the same instrument. Counterparts shall be filed with the chair of the Board.
13.4. Additional Parties. Any other municipality within Dakota County or any
municipality or County adjacent to Dakota County may become a party to this
Agreement upon approval of the Board, adoption of a resolution by the entity’s
governing body, execution of this Agreement, and filing of the same with the
chair of the Board.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
Approved by Dakota County Board COUNTY OF DAKOTA
Resolution No.: 18- By:
Dated:
Approved as to form:
Assistant County Attorney/ Date
Name:
Title:
Date of Signature:
KS18-357 2019 JPA for SOUTH METRO SWAT
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF APPLE VALLEY
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF FARMINGTON
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
Joshua Hoyt
Mayor
December 18, 2023
Shirley R Buecksler
December 18, 2023
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF HASTINGS
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF INVER GROVE HEIGHTS
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF LAKEVILLE
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF MENDOTA HEIGHTS
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF ROSEMOUNT
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF SOUTH ST. PAUL
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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South Metro SWAT 2024 Joint Powers Agreement
CITY OF WEST ST. PAUL
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement
CITY OF NORTHFIELD
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement
CITY OF FARIBAULT
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: City Clerk
Date:
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Dakota County SOUTH METRO SWAT 2019 Joint Powers Agreement
COUNTY OF RICE
By:
Name:
Title:
Date of Signature:
Attest:
By:
Name:
Title: Rice County Sheriff
Date:
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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 –
Sapphire Lake 3rd Addition
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
Sapphire Lake Development Company, LLC has requested final acceptance of streets and utilities
and release of the related securities within the Sapphire Lake 3rd Addition.
DISCUSSION:
The grading, sanitary sewer, water, storm sewer, and street work in the 3rd Addition is complete,
consistent with the City’s construction standards, and the requirements of the Development
Contract have been met. The City has received a 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. Staff has confirmed the
improvements have been completed.
The Development Contract requires maintenance bonds to be posted during the warranty period.
The warranty period for the streets in one year and commences the date the wearing course was
placed. The warranty period for the underground utilities is two years.
BUDGET IMPACT:
The City currently holds Letter of Credit No. 8016556-1 in the amount of $91,224. The maintenance
bond will be in place before the letter is issued to the bank releasing this Letter of Credit for the 3rd
Addition.
ACTION REQUESTED:
Approve the Final Acceptance of Public Streets and Utilities and Release of Securities - Sapphire
Lake 3rd Addition
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Tree City USA Recertification
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
For the past 33 years, the City of Farmington has been recognized as a Tree City USA community
through the Arbor Day Foundation.
DISCUSSION:
The four standards that must be met to qualify as a Tree City are: a tree board or tree department,
a tree care ordinance, a community forestry program with an annual budget of at least $2 per
capita, and an Arbor Day observance and proclamation.
The City of Farmington meets the above qualifications and is requesting authorization to apply for
2023 Tree City USA recertification. A copy of the online application form is attached.
BUDGET IMPACT:
N/A
ACTION REQUESTED:
Approve the City of Farmington’s application for 2023 Tree City recertification.
ATTACHMENTS:
Tree City USA Application FINAL
Tree City Tree Ordinance
2023 Arbor Day (signed)
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2023 Tr ee City USA Application for Ce r ti fi c ati on
The Tree City USA award is in recognition of work completed by the community during
the 2023 calendar year.
PRIMARY CONTACT IN FORMATION
Contact Name:
Edward Rutledge
Email:
erutledge@farmingtonmn.gov
Phone:
+1(651)280-6842
Address:
430 Third st
Farmington, Minnesota 55024
Farm ington COMMUN ITY IN FORMATION
Select which best describes your community:
Community has a Department Chair or City Manager
Ordinance Date:
04/01/2019
Ordinance Uploaded
Per-capita Expenditure
$17.34
Arbor Day Date
04/26/2023
Arbor Day Proclamation Uploaded
As M ayor or Equivale nt of the Community of F ar mi ngton
Mayor or Equivalent Signature Title Date
Appli c ati on Ce r tific ation (to be Compl ete d by the State F or ester )
The above-named community has made formal application to this office. I
am pleased to advise you that we reviewed the application and have
concluded that, based on the information contained herein, said community
is eligible to be certified as a Tree City USA community, for the 2023
calendar year, having in my opinion met the standards required for
recognition.
State Forester Signature Title Date
F arm ington T ree C ity USA 2023
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7-6-1: PURPOSE AND INTENT: The purpose and intent of this chapter is to promote the health and protection of trees within the City. (Ord. 019-745, 4-1-2019) 7-6-2: DEFINITIONS: HAZARDOUS TREE: Any tree in which has structural defects in the roots, stem, or branches that may cause the tree or tree part to fail, and such failure may cause property damage or personal injury. NUISANCE TREE: The following shall constitute a public nuisance at the recommendation of the tree inspector: Elm trees (trees of genus Ulmus) infected with the fungus known as the Dutch elm disease (Ophiostoma ulmi) or which harbors any of the elm bark beetles Scolytus multistriatus or Hylurgopinus rufipes; Red oak tree (trees of genus Quercus) or part thereof infected to any degree with the oak wilt fungus (Ceratocystis fagacearum); Ash tree, or any part thereof, harboring or infested with emerald ash borer beetles or larvae or eggs thereof (Agrilus planipennis); Any dead elm, red oak or ash tree or part thereof, including logs, branches, stumps, firewood or other elm, oak or ash tree material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide, oak wilt fungus deterrent or emerald ash borer insecticide. PRIVATE TREE: Any tree planted on private property within the City, planted without permission on City property, or within easements. Private trees are owned and maintained by the property owner. The City may remove any tree on public property or within an easement as needed to complete work. PUBLIC TREE: A tree in which is planted on City property by an employee of the City or designated person. Also includes trees accepted as a donation from private residents to be planted on City property. Public trees are owned and maintained by the City. Any tree found planted on public property that was not planted by the City or accepted as a donation will not be maintained by the City. (Ord. 019-745, 4-1-2019) 7-6-3: ENFORCING OFFICER: The tree inspector shall perform the duties set forth in this chapter and shall enforce the provisions of this chapter. He may have such assistance as the City Council shall from time to time provide for. (Ord. 019-745, 4-1-2019)
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7-6-4: TREE MAINTENANCE: The natural resources program is designed to prescribe various levels of maintenance to City boulevard trees located within City boulevards. (A) Planting Requirements: The City will review all planting of trees and shrubs within "City boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the City. (B) Replacement Of Trees: 1. The City shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The City shall replace trees on designated boulevard tree routes as requested by the property owner and where deemed feasible by the tree inspector. 2. The owner of any lot of record may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet (8') from the property line in front yard drainage and utility easements. (C) Trimming Requirements: The City will be responsible for all trimming of boulevard trees. As these trees are on City property, and are essentially and legally City property, they must be maintained by the City to ensure that they are properly trimmed for structural integrity and disease control measures. (D) Responsibility For Maintenance Of Trees: 1. The City will inspect and trim public trees, excluding passive park and natural areas. 2. The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property or planted by the homeowner. (E) Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These requirements provide clearance for walkers, snow removal equipment and solid waste vehicles. (F) Brush From Pruning: The City will not collect any brush resulting from pruning or removal of trees or brush from private property. (G) Emergency Collection Of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the City collect brush generated by residents on private property, as a onetime emergency service. (H) Tree Topping: It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in section 8-6-10 of this Code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or
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certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the Natural Resources Division. (I) Pruning, Corner Clearance: Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space (subsection E of this section) above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (Ord. 019-745, 4-1-2019) 10-6-10: LANDSCAPING: (A) Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration and noise, glare, and heat abatement. 3. To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the city. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (B) Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, SSMU, MUCI, MUCR, and I districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan. (C) Landscape Plan Contents: A landscape plan shall include the following information: 1. North point and graphic scale, not less than one inch (1") to one hundred feet (100'). 2. The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan. 3. Accurate final grades at two foot (2') contour intervals. 4. The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city.
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5. The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location, type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper or gallon size and any requirements during installation. 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, twelve inch (12") diameter or larger measured at four and one-half feet (41/2') above ground that are proposed for removal, must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques. (D) General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. Any outdoor storage area shall be surfaced to control dust. 2. Developed Uses: In all residential, business and industrial districts, except in B-2, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off street parking, except for driveways, and shall be at least ten feet (10') in depth. 3. Business Uses: Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1, R-2, R-3, and R-5) a landscaped yard ten feet (10') in width shall be installed; the required one hundred percent (100%) screening (plant material, fence, etc.), as described in Sec. 10-6-9, shall be installed within the landscaped yard. 4. Industrial Uses: (a) Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1. R-2. R-3. and R-5) a landscaped yard twenty-five feet (25') in width shall be installed; the required one hundred percent (100%) screening (plant material, fence, etc.). as described in Sec. 10-6-9. shall be installed within the landscaped yard. (b) All open spaces shall be dustproofed. surfaced, landscaped, rockscaped or devoted to lawns.
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(c) Not less than two-thirds (2/3) of the reguired building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways. (d) Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building, whichever occurs first, weather permitting. 5. High Density: High density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. 6. New Construction: New business construction in the B-1 limited business district shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use. 7. Off Street Parking: Any off street parking lot containing more than six (6) parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number of Plant Materials: One tree and three (3) shrubs for every forty feet (40') of parking lot perimeter installed as close to forty feet (40') as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three (3) or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area: A continuous nonpaved area at least ten feet (10') in width, shall be located between the edge of the parking lot and the property line. (c) Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet (3') in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 8. Parking Lots: Any parking lot containing more than twenty (20) parking spaces shall provide landscaping as follows: (a) Number of Plant Materials: A minimum of one tree and three (3) shrubs for every twenty (20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location of Interior Islands: A minimum of one interior planting island for every twenty (20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c) Interior Planting Island: The planting island shall have a minimum width of eight feet (8'), a maximum length of sixteen feet (16'), and a minimum area of one hundred twenty eight (128) square feet. A minimum of seventy percent (70%) of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet
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(3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. (d) Location of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet (8') and a maximum length of sixteen feet (16') for a single parking aisle or thirty two feet (32') for double parking aisles. The end islands shall be landscaped as required above. (f) Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location of Interior Islands for Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned toward the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach toward the building. (E) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: Six feet (6') in height as specified by the American Association of Nurserymen, except for the true dwarf varieties. (b) Ground cover plants: Crowns, plugs, containers, in a number as appropriate by species to provide fifty percent (50%) surface coverage after one growing season. The species must provide seventy five percent (75%) to one hundred percent (100%) surface coverage after two (2) growing seasons. (c) Medium and large deciduous shade trees: Two inch (2") caliper, as measured six inches (6") above the ground as specified by the American Association Of Nurserymen. (d) Shrubs (deciduous and evergreen, including spreader and globe tree forms): Twelve inches (12") to eighteen inches (18") in height. (e) Small deciduous or ornamental trees: Minimum caliper of one and one-half inches (11/2") as specified by the American Association of Nurserymen, except for the true dwarf varieties. (f) Sod: As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard.
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(g) Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches (18") into the ground. Fill the hole with water and if after eighteen (18) hours the hole still retains the water, the soil is determined to be too poor for planting. 3. Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two (2) possible remedies are recommended. The first remedy is to install a ten foot (10') wide raised planting bed in order to provide acceptable planting soil. The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches (2") above the ball. The bed must be covered with four inches (4") of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five (5) times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (F) Lot Frontage Tree and Boulevard Tree Species: 1. Prohibited Species: (a) In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees: Ash species Box elder Evergreens Ginkgo (female only) Nondisease resistant elm species Nonhybrid cottonwood species Silver maple (b) In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees: Ash species Box elder Nondisease resistant elm species Nonhybrid cottonwood species
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Silver maple 2. Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on city approved boulevard tree routes. The only exception would be if an agreement is made with a homeowners' association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. (a) Spacing for Lot Frontage and Boulevard Trees: (1) Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet (40') of lot frontage or one tree per lot if forty feet (40') is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract. Special planting designs for lot frontage trees need to be approved by the planning division. (2) Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet (40') of boulevard frontage or one tree per boulevard frontage if forty feet (40') is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Location for Lot Frontage and Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet (8') from the front property line and shall be installed in a parallel line to the front lot line. (2) Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks, trails, or pavement shall be no closer than four feet (4'). (c) Distance from Street Corners and Fire Hydrants: No lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet (30'), and connecting their end points with a straight line. No lot frontage tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10') from any fire hydrant. (d) Utilities: No lot frontage tree, boulevard tree, or replacement tree may be planted within ten (10) lateral feet of any underground water line or sewer line (sanitary or storm) and two feet (2') from any other underground utility. Gopher State One shall be called to request locations of utilities.
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(G) Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a) Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the city. (b) Replacement of Trees: (1) The city shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes. (2) The owner of any lot of record may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet (8') from the property line in front yard drainage and utility easements. (c) Trimming Requirements: The city will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property, they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. (d) Responsibility for Maintenance of Trees: (1) The city will inspect and trim boulevard trees. (2) The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e) Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These requirements provide clearance for walkers, snow removal equipment and solid waste vehicles. (f) Brush from Pruning: The city will not collect any brush resulting from pruning or removal of trees or brush from private property. (g) Emergency Collection of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the city collect brush generated by residents on private property, as a onetime emergency service. (H) Tree Topping: 1. It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or
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certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (I) Pruning, Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet (10') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (J) Dead or Diseased Tree Removal on Private Property: 1. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7, chapter 6 of this code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the city. The natural resources division will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notices. (K) Removal of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L) Tree Protection in Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment, and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the zoning officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches (4") or larger, measured at four and one-half feet (41/2') above the ground and all existing evergreen trees measuring five (5) vertical feet or more in height. 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after completion of the activities associated with construction of the site, the owner of the property must replace
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the trees within six (6) months at a ratio of one to one (1:1) with an approved tree having a minimum diameter of two inches (2") measured at a point six inches (6") above the natural grade. Shrubbery or other plantings which die within two (2) years of completion of the activities shall be replaced in kind within six (6) months. (M) Overhead Utility Line Planting Requirements: 1. Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line, the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet (5') to ten feet (10') from the property line, the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species: The following guidelines must be considered when planting near overhead utility lines. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials. Type Height Where Planted Shrubs Maximum of 15 feet Under overhead lines Small trees Over 15 feet, but under 30 feet At least 15 feet from overhead utility lines Medium trees 30 - 70 feet At least 35 feet from overhead utility lines Large trees Over 70 feet At least 45 feet from overhead utility lines (N) Landscape Guarantee: 1. Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan.
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3. Completion or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 016-716, 9-6-2016; amd. Ord. 021-761, 8-16-2021) 10-6-11: WOODLAND AND TREE PRESERVATION: (A) Intent: It is the intent of the city of Farmington to protect, preserve and enhance the natural environment of Farmington, to encourage a resourceful and prudent approach to the development of wooded areas, and to retain, as far as practicable, substantial existing tree cover. The city recognizes the value of trees and woodlands for improving air quality, protection against wind and water erosion, shade, energy conservation, wildlife habitat, scenic beauty, and protecting the integrity of the natural environment. (B) Definitions: Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and to give this section its most reasonable application. COMMON TREE: Includes ash, aspen, box elder, cottonwood, elm, hackberry, locust, poplar, silver maple, willow, and any other tree species not defined as a "hardwood deciduous tree" or a "coniferous/evergreen tree". CONIFEROUS/EVERGREEN TREE: A woody plant, which, at maturity, is at least twelve feet (12') or more in height and has foliage on the outermost portion of the branches year round. Tamaracks (larch) are included as a coniferous tree species. CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetated and nonvegetated), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, excavating, building construction and landscaping. CONSTRUCTION DAMAGE: Any action such as filling, scraping, trenching or compacting the soil around trees or wounding trees in such a manner that it may result in the eventual death of the tree. CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius distance of one foot (1') per one inch (1") of tree diameter, e.g., a twenty inch (20") diameter tree has a critical root zone with a radius of twenty feet (20'). DECIDUOUS TREE: A woody plant which, at maturity, is at least fifteen feet (15') or more in height, has a defined crown, and sheds leaves annually. DIAMETER: The diameter of the main stem of the tree at a point four and one-half feet (4.5') above the ground. DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.
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HARDWOOD DECIDUOUS TREE: Includes birch, basswood, black cherry, catalpa, hickory, ironwood, hard maples, oak and walnut. INVASIVE TREE SPECIES: A tree species that is nonnative to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include, but are not limited to, common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), tartarian honeysuckle (Lonicera tatarica), amur maple (Acer ginnala), and Siberian elm (Ulmus pumila). LANDSCAPING: Plantings such as trees, grass and shrubs. NUISANCE TREE: 1. Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest. 2. Any logs, stumps, branches, firewood, or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated under the direction of the city forester-tree inspector. 3. Any standing dead trees or limbs which may threaten human health or property. SHADE TREE DISEASE: Includes Dutch elm disease (Ophiostoma ulmi), oak wilt (Ceratocystis fagacearum), or any other tree disease of epidemic nature. SHADE TREE PEST: Includes emerald ash borer (Agrilus planipenis), European elm bark beetle (Scolytus multistrialus), native elm bark beetle (Hylurgopinus rufipes) or any other shade tree pest with potential to cause widespread damage. SIGNIFICANT TREE: A healthy tree measuring a minimum of six inches (6") in diameter for hardwood deciduous trees, eight inches (8") in diameter for coniferous/evergreen trees, or twelve inches (12") in diameter for common trees, as defined in this section. SIGNIFICANT WOODLAND: A treed area of at least fifteen thousand (15,000) square feet or more which includes significant trees. SPECIMEN TREE: A healthy hardwood deciduous tree measuring equal to or greater than thirty inches (30") in diameter. WOODLAND PRESERVATION PLAN: A plan prepared by a certified forester or landscape architect that clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve them. The plan will also include calculations to determine the number of replacement trees required. (C) Applicability: 1. Woodland Preservation Plan: A woodland preservation plan shall be submitted to and approved by the city, and implemented in accord with the plan in connection with any of the following: (a) New development in any zoning district. (b) New building construction in any zoning district.
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(c) Expansion of any existing commercial, industrial or institutional building where an approved tree preservation plan is not on file with the city. (d) Any project for which a city land disturbance permit is required. (e) Any landscape plan as required by section 10-6-10 of this chapter when significant trees or significant woodlands exist in the proposed construction zone. 2. Woodland Preservation Plan Requirements: The woodland preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees and/or smallest area of significant woodland are destroyed or damaged. The woodland preservation plan shall be a separate plan sheet(s) that include the following information: (a) The name and address of the applicant, and status of the applicant with respect to the land. (b) The name, telephone number(s) and address of the person responsible for tree preservation during the course of the development project. (c) Written consent of the owner of the land, if the applicant is not the owner. (d) Location of the property, including a street address and legal description. (e) Boundary lines of the property with accurate dimensions as established by survey. (f) Location of all existing and proposed structures, roads, utilities and driveways on the site. (g) A tree inventory, indicating the size, species, general health, and location of all existing significant trees, specimen trees and significant woodlands located within the area to be developed or within the parcel of record. All significant trees and specimen trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form. (h) Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the finding that the trees were planted as part of a commercial business. (i) A listing of the total diameter inches of healthy significant trees inventoried in subsection (C)2(g) of this section. Dead, diseased or dying trees and invasive tree species do not need to be included in the totals. (j) A listing of the total diameter inches of healthy significant trees proposed to be removed, total diameter inches of healthy hardwood deciduous trees to be removed, total
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diameter inches of healthy coniferous/evergreen trees to be removed, and total diameter inches of common trees to be removed. (k) Outer boundaries and areas (acres) of all contiguous wooded areas or significant woodlands, with a general description of the natural community type or predominant canopy tree species not meeting the significant tree size threshold. (l) Locations of the proposed buildings, structures, or impervious surfaces. (m) Delineation of all areas to be graded and limits of land disturbance, showing one foot (1') or two foot (2') contour intervals. (n) Measures proposed to be implemented to protect significant trees and specimen trees, including required protective measures and any additional protective measures as identified in this section. (o) Size, species, number and location of all replacement trees or woodlands to be planted on the property in accord with the tree replacement schedule. Replacement trees or woodlands shall not include invasive tree species. (p) Signature and qualifications of the person(s) preparing the plan. The plan shall be certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant. 3. Submission Requirements: The woodland preservation plan shall be submitted with any preliminary plat plan, site plan or landscape plan, as required by the regulations of this code; or incorporated as part of a grading plan and application for any grading permit as required by this code. 4. Implementation: All sites shall be staked, as depicted in the approved tree preservation plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. 5. Allowable Tree Removal: Up to thirty percent (30%) of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than thirty percent (30%) of the total significant tree diameter inches. The following types of trees do not need to be included as part of the tally of tree removals: (a) Dead, diseased, or dying trees. (b) Trees that are transplanted from the site to another appropriate area within the city.
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(c) Trees that were planted as part of a commercial business such as a tree farm or nursery. (d) Invasive tree species. 6. Mitigation: In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by: (a) Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; or (b) Planting replacement trees on city property under the direction of the parks and recreation director or natural resource specialist; or (c) Paying the city the fee set forth in the fee schedule adopted by city council by ordinance. The payment shall be deposited into an account designated specifically for tree planting. 7. Tree Replacement Calculations: Thirty percent (30%) of the total diameter inches of significant trees on the site may be removed without replacement. The allowable thirty percent (30%) removal is first credited to the common trees removed, then the conifers, and lastly the hardwood species. The following calculation procedure must be used to determine tree placement requirements: (a) Calculate thirty percent (30%) of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement. (b) Subtract the total diameter inches of common tree species that will be removed from the allowable limit. (c) If there are any allowable inches left, subtract the total diameter inches of coniferous/evergreen tree species that will be removed from the remaining allowable inches. (d) If there are any allowable inches left, subtract the total diameter inches of hardwood deciduous tree species that will be removed from the remaining allowable inches. If at any point in the above calculation procedure the number of inches to be removed exceeds the thirty percent (30%) allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in subsection (C)8 of this section. 8. Tree Replacement Schedule: Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule:
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(a) Common tree species shall be replaced with new trees, at a rate of one-eighth (1/8) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 8 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") diameter. (b) Coniferous/evergreen species shall be replaced with new trees, coniferous or deciduous, at a rate of one-fourth (1/4) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 4 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used: Height of replacement coniferous tree/2 = Diameter inches of credit (c) Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half (1/2) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 2 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter. 9. Significant Woodland Replacement: All significant woodlands removed must be replaced by the applicant. The number of replacement trees shall be determined by either of the following methods. Either method of replacement may be used when the number of replacement trees required is equal, or the applicant shall utilize the method that yields the greater number of replacement trees: (a) Replacement of significant trees within the significant woodland that are damaged or destroyed, per the tree replacement schedule described in subsection (C)8 of this section. (b) Replacement for every one hundred twenty five (125) square feet of significant woodland damaged or destroyed, or increment thereof, with: (1) One deciduous tree of at least four (4) caliper inches or one coniferous tree at least twelve feet (12') tall; or (2) Two (2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at least six feet (6') tall; or (3) Four (4) deciduous trees of at least 1.5 caliper inches or four (4) coniferous trees at least four feet (4') tall. (c) Trees planted to replace significant woodlands must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native understory seed mix must be planted along with the replacement trees. 10. Species Requirement: The city must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten (10) or more replacement trees are required, not more than thirty percent (30%) of the replacement trees shall be of the same species. 11. Warranty Requirement: Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two
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(2) years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal. 12. Performance Guarantee: The applicant shall provide the required performance guarantee following preliminary approval of the woodland preservation plan, and prior to any construction and/or grading. The amount of the performance guarantee shall be based on the city's fee schedule. 13. Required Protective Measures: The woodland preservation plan shall identify the measures to be utilized to protect significant trees. The following measures are required to be utilized to protect significant trees: (a) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. (b) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. (c) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. (d) Removal of any nuisance trees located in the areas to be preserved. 14. Additional Protective Measures: The following measures to protect significant trees that are intended to be preserved according to the submitted tree preservation plan may be required by the city: (a) Installation of retaining walls or tree wells to preserve trees. (b) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (c) Use of tree root aeration, fertilization, and/or irrigation systems. (d) Therapeutic pruning. 15. Incentives For Woodland Protection: As an incentive to protect contiguous wooded areas, the city will allow the following: (a) Density Transfer: Density of units that would be allowed in a protected woodland area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected woodland must be an easement dedicated to the city. (b) Unit Bonus: For each acre of wooded area preserved and dedicated to the city over and above the normal ten percent (10%) park land dedication, the developer will be allowed an additional unit above the original unit allocation.
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(c) Tree Bank Areas: Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area permanently dedicated to the city over and above the normal park land dedication, the developer will be allowed an additional unit above the original unit allocation. The dedication may include establishment of a fund for maintenance of the tree bank, based on the recommendation of the park and recreation director or the natural resource specialist. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be usable upland (not wetlands, ponds or utility easements, etc.). The city retains the right to determine whether or not it will accept the property proposed to be dedicated for a tree bank. 16. Compliance With The Woodland Protection Plan: The applicant shall implement the woodland preservation plan prior to and during any construction. The woodland protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the woodland and tree protection measures is made to, and approved by, the city. (a) No significant trees shall be removed until a woodland preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s) intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from the date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the city. (b) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved woodland preservation plan. The city shall determine whether compliance with the woodland preservation plan has been met. 17. Existing Developed Commercial Properties: (a) Trees that are removed that were part of an approved landscape plan must be replaced in accordance with the original landscaping plan, unless city approval is obtained for an alternative landscape plan. (b) Trees that are removed that were part of a designated woodland preservation area must be replaced in accordance with the tree replacement requirements outlined in this section. The thirty percent (30%) allowable tree removal limit does not apply in these situations. 18. Exceptions: (a) Exception Standards: Notwithstanding the city's desire to accomplish the tree protection goals outlined in this section, there may be instances where these goals are in conflict with other city objectives. These conflicts are most likely to occur on small, heavily
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wooded parcels. At the discretion of the city council, exceptions may be granted if all of the following conditions exist: (1) The subject parcel is five (5) acres in size or less. (2) It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space. (3) Strict adherence to the requirements of this section would prevent reasonable development that is consistent with the comprehensive plan and desirable to the city on the parcel. (4) The exception requested is the minimum needed to accomplish the desired development. (b) Exception Provisions: If an exception is granted, relief from the requirements of this section may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees or any combination of the above. The city council will approve the form of relief that best balances the objectives of the city and tree preservation. (Ord. 011-634, 5-16-2011)
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MO32“Kolamo_..38_.&<weE.atas83%32438%:aemaau?EEu3...{SE32.E38Ba82anE$53396:Haoam?gmmmzeusE.:BmEEb~mE£232pongmmhmmom32mo8:9:2:is.30Monamm.38.3E3.éauéesEEBEE838asmsas?o$02:88%:q?mommmameBozduéa2:BEmo?az??ooEoamou€235Bo:mootmoFanoEu>€aHowwagewas,mq.n§3.mEmoo:omz??mso?..m<HmHmw>>was50:3u?mkaboummoosuouwasu?mmsvbumu>o\&E«nmo3m>35905mooqmnuoauoo?onnm?aEmobd?om??o?uuo??smmomaobowxmoamonotE0262S??on<.m<HMHl>?canmm?uqon_?:oE:€._>:ocanb.:EEEooPcofwno?w£E>oaEaomegaEadiemm:25Eommobmbiowas$535hmommommvmoBomm?w2:wEN_EEmEEEo?m?208?mouombE:EEooma?awoe:moXEo?o?wwyouwagewasmqua?m€235canmmaoi??omamowdonaoowww?tombowasEonmwonba0%59¢uoommomctoam98mars?znoao?uomao?9»:S3owawnoEa?nomoSusan:o?wasaomaomm..3892E232PS35monthwasmmnowmmubo2%omsonqoowww?tommo~An—O.M®£Hdzunmmo?um2:80¢CODHNQwutopmwasma?a?BE?mnomwas“$2605@003nmonmaztommoEqonmouoouJSEEu.?:.=B.mw&§$58wasBani$355wasinSEEoE>oE.38mm25$“seammoEmmuourwwas5:33533caninwas.§5§._dw?smEODHNOEmma:22:Etonawn2825mm:35.mo_oo%o>wma>q._SeainE95?muuomm.Somo:E2wasmou?mBums053wascCo..mE6.52:0S?oaoou.502?mouowEamoobmoooamtom?moneBS30303b_SEonEo2:?omunnmzE23%moE>o.&>mQSpm<wasSmudgeBasic82635>“.5&3?o?obxo$50wasdo?mt?ooumwasohzmuom?oum?m?mao.momwom€wasE380¢opsmmoumuumm?o?c?oubmW?wo?DHNBmoaomwasmODH—m.EomoE£2.wO~Aww>DW?O~?gEamonUSP><nmomm<zo_._.<E<._uo.m._\pZO._.0Z=>_m_<u_u_O>._._U
Page 167 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Playground Equipment for Rambling River Park
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
In September 2021, some of the playground equipment at Rambling River Park was removed due
to failing playground safety inspections. Since then, there have been discussions about moving the
playground equipment out of the usual flood area, installing new equipment, and making it an
inclusive playground. An inclusive playground is a space where children and adults of all abilities
can interact, play together, and have fun.
DISCUSSION:
City Council, at its March 6, 2023 meeting, approved an agreement with HKGi to update the master
plan for Rambling River Park. The master plan process kicked-off in early April 2023 and at its
August 21, 2023 meeting, City Council approved the new master plan for Rambling River Park.
During the engagement phase of the master planning process, new playground equipment ranked
as the second highest priority for implementation. The approved master plan replaces the current
playground with new playground equipment outside the floodway. A new inclusive playground was
identified to be constructed where the tennis courts are currently located.
Staff collaborated with Webber Recreational Design, Inc., Hastings, Minnesota, to develop an
inclusive and accessible playground manufactured by Miracle Recreation Equipment Company for
Rambling River Park. There were site visits at Rambling River Park and in-person meetings to
identify a variety of play components to ensure the equipment was accessible, exciting, fun, and
challenging. The City currently has a few parks with Miracle playground equipment.
future other downtown, to entry the park, and a is Park River Rambling As community
improvements are planned, a destination and premier playground is recommended. The playground
equipment and surface area should be both inclusive and accessible. Included in the packet is the
proposed playground equipment and layout. The playground plan has separate 2 to 5 year and 5 to
12-year-old children structures and several freestanding play features. The proposed playground
equipment contains play features that would be new to the park system including the inclusive whirl,
cyclo rubber (PIP) poured-in-place a is surfacing and along. glide climber, plus cone The
playground surface. This surfacing is ADA approved, slip-resistant, and porous.
The Parks and Recreation Commission reviewed the playground equipment plan and colors of the
PIP rubber surface at their December 13, 2023 meeting. The Commission chose tan with blue for
the rubber surfacing and unanimously approved a recommendation to City Council to authorize
Page 168 of 229
purchase and installation of the playground equipment and surfacing.
Attached is the agreement which includes the quote for purchase and installation of the playground
equipment and PIP rubber surface.
BUDGET IMPACT:
The Sourcewell contract price for the playground equipment, freight, site work, PIP rubber surface,
and installation is $403,592. Funding of $398,192 will be through American Rescue Plan Act
(ARPA) funds and the remaining $5,400 will be the donation Minnesota Energy Resources gave in
January 2022 to purchase new playground equipment for Rambling River Park.
ACTION REQUESTED:
Approve the purchase of playground equipment and PIP rubber surface including installation from
Webber Recreational Design, Inc. for Rambling River Park at a cost of $403,592.
ATTACHMENTS:
Rambling River Park Playground Equipment Plan Tan with Blue River Surfacing
Agreement with Miracle Recreation Equipment Company for Playground Equipment Project for
Rambling River Park
Page 169 of 229
Pa
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AGREEMENT
AGREEMENT made this _________ day of ___________________, 2023, between the
CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and MIRACLE
RECREATION EQUIPMENT COMPANY, INC., a Missouri limited liability corporation
("Contractor").
IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,
THE PARTIES AGREE AS FOLLOWS:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents", all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Agreement
B. Contractor Proposal submitted on November 20, 2023, attached as Exhibit “A.”
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A" having the first
priority and Contract Document "B" having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents and in compliance
with federal, state, and local laws.
3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance
with the bid and inclusive of sales tax.
4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to
this Contract contains software, including that which the manufacturer may have embedded into the
hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one year following cutover. The
Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or
licensing agreement shall obligate the City to p ay any additional fees as a condition for continuing to
use the software.
5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party, and then only upon such
terms and conditions as both parties may agree to and set forth in writing.
6. TIME OF PERFORMANCE. The Contractor shall complete its obligations for the
project on or before July 15, 2024.
Page 171 of 229
2
7. PAYMENT.
a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the
City shall pay the Contractor an amount not to exceed $403,592. Such payment shall be made not later
than thirty (30) days after completion, certification thereof, and invoicing by the Contractor.
b. No final payment shall be made under this Contract until Contractor has satisfactorily
established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the
commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor.
8. CONTRACTOR’S REPRESENTATIONS.
a. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the contract documents.
b. Contractor has visited the site and become familiar with and is satisfied to the general,
local, and Site conditions that may affect cost, progress, and performance of the work.
c. Contractor is familiar with and is satisfied as to all federal, state, and local laws and
regulations that may affect cost, progress, and performance of the work.
d. Contractor has obtained and carefully studied (or assumes responsibility for doing so)
all additional or supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions at or contiguous to the site which may affect cost, progress,
or performance of the work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor,
including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
e. Contractor does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the performance of the work at the Contract price,
within the time of performance, and in accordance with the other terms and conditions of
the Contract Documents.
f. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
g. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the work.
9. EXTRA SERVICES. No claim will be honored for compensation for extra services or
beyond the scope of this Agreement or the not-to-exceed price for the services identified in the
Page 172 of 229
3
proposal without written submittal by the Contractor, and approval of an amendment by the City, with
specific estimates of type, time, and maximum costs, prior to commencement of the work.
10. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute
471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the
Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month
to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be
awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action.
11. INSURANCE REQUIREMENTS.
The Contractor, at is expense, shall procure and maintain in force for the duration of this Agreement
the following minimum insurance coverages:
a. General Liability. The Contractor agrees to maintain Commercial General Liability
insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual
aggregate. The policy shall cover liability arising from premises, operations,
products-completed operations, personal injury, advertising injury, and contractually
assumed liability. The City, including its elected and appointed officials, employees, and
agents, shall be endorsed as additional insured.
b. Automobile Liability. If the Contractor operates a motor vehicle in performing the
Services under this Agreement, the Contractor shall maintain commercial automobile
liability insurance, including owned, hired, and non-owned automobiles, with a minimum
liability limit of $1,000,000, combined single limit.
c. Workers’ Compensation. The Contractor agrees to provide Workers’ Compensation
insurance for all its employees in accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry Employers’ Liability Coverage with minimum
limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of
Insurance as evidence that the above coverages are in full force and effect.
The insurance requirements may be met through any combination of primary and umbrella/excess
insurance. The City must be named as an additional insured on any umbrella/excess policy.
The Contractor’s policies shall be primary insurance and non-contributory to any other valid and
collectible insurance available to the City with respect to any claim arising out of the Contractor’s
performance under this Agreement.
Page 173 of 229
4
The Contractor’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, or ten (10) days’ written notice for nonpayment of premium.
12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor 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 Contractor pursuant to this
Agreement. Contractor 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 Contractor receives a request to release data, Contractor must
immediately notify City. City will give Contractor instructions concerning the release of the data to the
requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its
officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Contractor’s officers’, agents’, city’s, 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.
13. RECORDS. Contractor shall maintain complete and accurate records of expenses
involved in the performance of services.
14. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the bid shall be in full force and transferred to the City upon payment by the City. The
Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment
which may develop in any part of the contracted service, and upon proper notification by the City shall
immediately replace, without cost to the City, any such faulty part or parts and damage done by reason
of the same in accordance with the bid specifications. The Contractor further warrants to the City that
all goods and services furnished under the Contract will be in conformance with Contract Documents
and that the goods are of merchantable quality and are fit for the use for which they are sold. This
warranty is in addition to any manufacturer's standard warranty, and any warranty provided by law.
15. NONDISCRIMINATION. All Contractors and subcontractors employed shall
comply with all applicable provisions of all federal, state and municipal laws which prohibit
discrimination in employment to members of a protected class and all rules and regulations,
promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all
subcontracts entered into for the performance of this contract.
16. INDEMNITY. The Contractor agrees to defend, hold harmless, and indemnify the
City, its officers, agents, and employees, for and against any and all claims, demands, actions, or
causes of action, of whatever nature or character, arising from the Consultant's performance of work
or services provided for herein. The Contractor shall take all reasonable precautions for the safety of
all its employees on the site and shall provide reasonable protection to prevent damage or loss to the
property on the site or properties adjacent thereto and to work, materials and equipment under the
Contractor’s control.
Page 174 of 229
5
17. WAIVER. In the particular event that either party shall at any time or times waive any
breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any
succeeding breach of this Contract by either party, whether of the same or any other covenant,
condition, or obligation.
18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of
this Contract.
19. SEVERABILITY. If any provision, term, or condition of this Contract is found to be
or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions
of this Contract, unless such invalid or unenforceable provision, term, or condition renders this
Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in
full force and effect and shall continue to operate as the parties' entire contract.
20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties
and is a final, complete, and all-inclusive statement of the terms thereof, and supersedes and terminates
any prior agreement(s), understandings, or written or verbal representations made between the parties
with respect thereto.
21. TERMINATION. This Agreement may be terminated by the City for any reason or
for convenience upon written notice to the Contractor. In the event of termination, the City shall be
obligated to the Contractor for payment of amounts due and owing for materials provided or for
services performed or furnished to the date and time of termination.
Dated: ______________, 2023 CITY OF FARMINGTON:
By: _________________________________
Joshua Hoyt, Mayor
By: _________________________________
Shirley R Buecklser, City Clerk
Dated: ______________, 2023 CONTRACTOR:
MIRACLE RECREATIONAL
EQUIPMENT COMPANY, INC.
By: _________________________________
Its: __________________________________
Page 175 of 229
11/20/2023 Page 1 of 5
QUOTE: R0013213314
Miracle Recreation Equip. Co.
878 E. US Hwy 60
Monett, MO 65708
1-888-458-2752
QUOTE: R0013213314
CUSTOMER: 5502C04
Project: R0013_44517634533_12
Prepared For: Project Name & Location: Prepared by:
Kellee Omlid Webber Recreational Design, Inc.
CITY OF FARMINGTON
430 3RD Street (NEW)
FARMINGTON, MN 55024
(651) 280-6851 (phone)
komlid@farmingtonmn.gov
Rambling River
(Updated ADA playground) 1442 Brooke Court
Hastings, MN 55033 USA
(651) 438-3630 (phone)
(651) 438-3939 (fax)
jwebber@webberrec.com
Ship To Address: End User:
Dan Schmitt Kellee Omlid
FARMINGTON MUNICIPAL BUILDING
19650 Municipal Drive
FARMINGTON, MN 55024
(612) 369-8927 (phone)
dschmitt@farmingtonmn.gov
CITY OF FARMINGTON
430 3RD Street (NEW)
FARMINGTON, MN 55024
(651) 280-6851 (phone)
komlid@farmingtonmn.gov
Quote Number: R0013213314
Quote Date: 11/20/2023
Valid For: 30 Days From Quote Date
ADA System
Product line: KidsChoice
Age group: 5-12
Components
Part Number Description Qty Weight Unit Price Total
7145039 1/2 HEX FULL DECK (ATTACHES TO 4 POSTS) 8
7145491 5" OD X 88" POST F/MAZE PANELS 6
7145493 5" OD X 112" POST (3' DK) 6
714555 5" OD X 76" POST FOR FENCING & PANELS 2
714576 5" OD X 204" POST FOR ROOF (8' DK) 6
7146058 TREE-O CLIMBER (8' DK) 1
7146702U CHAMII ENTRY & EXIT VORTEX (7' - 8'6" DK) 2
7146704 CHAMII SHORT STRAIGHT SECTION 1
7146705 CHAMII RIGHT SECTION 4
7146706 CHAMII LEFT SECTION 2
7146706 CHAMII LEFT SECTION 3
7146806C WAVE HEX ROOF W/TOPPER 1
714700 5' SIDE-BY-SIDE SLIDE,CANOPY (3' DK) 1
71471313 SENSORY PANEL TEXTURE SQUARE OVAL 1
71471510 SIGN LANGUAGE PANEL 1
71471513 CALYPSO 3 DRUM PANEL 1
71471517 ELECTRONIC ANIMAL PANEL 1
Exhibit A
Page 176 of 229
11/20/2023 Page 2 of 5
QUOTE: R0013213314
7147632 TIC-TAC-TOE PANEL 1
7147635 PLANET PANEL 1
7147721 BONGO PERCH (STATIONARY) 3
7147721 BONGO PERCH (STATIONARY) 2
7147743 BONGO STEPS W/ENCLOSURE (3' DK) 1
7148135 DECK ENCL FOR OVERHEAD CLIMBERS (ONLY) 2
7148161 WIRE MESH ENCLOSURE 1
714817 CST TREEHOUSE WALL W/SEAT 1
7148191D BOULDER RIDGE 1 SEC, GRND-DK 1
7148496 OBSERVATION DECK W/EXTENDED STEERING
WHEEL
1
71485139 SQ TRSFR POINT, CL HR (3' DK) 1
71492095 12' RAMP GRND TO DK 1:12, W/O POST 1
714920A ADA RAMP EXTENSION PLATE FLAT (SMALL) 1
7149219 12' RAMP DECK TO DECK 1:12 2
714961L2 DELIGHT-O-SCOPE BINOCULARS (LOOKOUT
MOUNT)
1
7149922 LOOKOUT TOWER 1
714999Z CUSTOMER SERVICE KIT (NO PRICE) 1
787003 WELCOME SIGN AGES 5-12, FS 1
2-5
Product line: TotsChoice
Age group: 2-5
Components
Part Number Description Qty Weight Unit Price Total
307BD INCLUSIVE WHIRL (2023) * BOLT DOWN 1
7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1
7185029 SQUARE DECK (ATTACHES TO 4 POSTS) 1
7185494 3 1/2" OD X 118" POST (4' DK) 3
718572 3 1/2" OD X 138" POST ROOF (3'DK OR LESS) 4
7186384 GROOVE II SLIDE (4' DECK) 1
71869214 SHUTTLE CLIMBER 1
718700 5' SIDE-BY-SIDE SLIDE,CANOPY (3' DK) 1
7188109 ADA STAIRS BETWEEN DECKS W/1' RISE 1
7188153 VERTICAL LADDER CLIMBER (3' DK) 1
71885139 SQ TRSFR POINT, CL HR (3' DK) 1
7188614 60" SQUARE ROOF-SHINGLE, DOUBLE WALL 1
787001 WELCOME SIGN AGES 2-5, FREESTANDING 1
925920Z TOUCH UP PAINT KIT - FREESTANDING (NO
PRICE)
1
Freestanding
Product line: Freestanding
Age group: 5-12
Page 177 of 229
11/20/2023 Page 3 of 5
QUOTE: R0013213314
Components
Part Number Description Qty Weight Unit Price Total
2740 SWG PART THERAPEUTIC SWG SEAT W/CHAIN
(8' TR)
1
2760 SWG PART GENERATION SWG SEAT W/CHAIN 1
2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 4
2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2
3064 CYCLO CONE PLUS CLIMBER 1
682A GLIDE ALONG ACCESSIBLE 1
682X GLIDE ALONG STANDARD ADD-ON 1
718555 3 1/2" OD X 70" POST FOR PLAY PANELS 2
71871516B ELECTRONIC PIANO PANEL (BELOW DECK) 1
MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1
MR0932 3.5" ARCH SWG- ADD-A-BAY (2 ST REQ'D) 3
RiskSign_Included
Product line: Freestanding
Age group:
Components
Part Number Description Qty Weight Unit Price Total
787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1
Additional Items
Part Number Description Qty Weight Unit Price Total
925961 THUMB DRIVE 2GB - MREC 1
926458 LABEL,GENERATION SWG, 2YR-12YR, MR 1
INSTALL
BOOK
INSTALL BOOK FOR PP ORDERS 1
Parts By Other
Part Number Description Qty Weight Unit Price Total
4" x 12"
Concrete
Curb
4" x 12" Concrete Curb (361 Lineal Ft.) 1 0.00 11,550.00 11,550.00
Class 5 Sub
Base
4" Stone Sub Base Installed and Compacted for PIP 1 0.00 32,550.00 32,550.00
Drain Tile 6" Drain Tile & Sub Base ( Up to 250 ft.) 1 0.00 1,905.00 1,905.00
NoFaultPIP 8,145 sq. ft. of NoFault Poured In Place Surfacing
50/50 Color/Black
1 0.00 152,750.00 152,750.00
Page 178 of 229
11/20/2023 Page 4 of 5
QUOTE: R0013213314
Totals:
Equipment Weight: 13,694.00 lbs
Equipment List: $193,959.00
Discount Amount: -$57,000.00
Equipment Price: $136,959.00
Freight: $5,818.00 Code: 9137
Installation: $62,060.00
Products by Other: $198,755.00
Grand Total: $403,592.00
Notes:
Sourcewell Contract # 20432
This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company
(“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from
Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales
Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to
Customer (with copy to Sales Representative) via fax or email.
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by
Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the
Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by
Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154,
Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due
invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes,
license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of
Miracle Recreation Equipment Company.
Quote Number: R0013213314 Quote Date: 11/20/2023 Equipment: $193,959.00 Grand Total: $403,592.00
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
AND SUBJECT TO FINAL APPROVAL BY MIRACLE.
Submitted By Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT
By: Date:
ADDITIONAL TERMS & CONDITIONS OF SALE
1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate
safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety
Commission Handbook for Public Playground Safety.
2. Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the
terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all
remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code.
Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment
or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All
remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer
shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under
law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent
Page 179 of 229
11/20/2023 Page 5 of 5
QUOTE: R0013213314
in such month and is not received by Miracle within ten (10) days after the date on which due.
3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD
WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL
CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO
MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN
APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES
INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC
PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached
under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to
any location not specified in this Quote.
5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase
money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer
agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the
Equipment.
6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be
governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of
the state and federal courts located in the city and county of St. Louis, Missouri.
7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all
risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty
shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall
insure the Equipment against all such losses and casualties.
8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or
cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in
writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of
any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the
remaining valid portions hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing
exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written
instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that
Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and
time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and
their successors and assigns.
10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in
counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and
retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either
party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document.
Rev E 021815
Page 180 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the November 28, 2023 Special Work Session
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
For Council review and approval are the minutes of the Special Work Session with the Castle Rock
Township Board dated November 28, 2023.
ACTION REQUESTED:
Approve the minutes of the November 28, 2023 Special Work Session.
ATTACHMENTS:
11.28.23 Special Work Session Minutes
Page 181 of 229
Special Work Session Minutes of November 28, 2023 Page 1 of 7
City of Farmington
City Council Special Work Session Minutes
Tuesday, November 28, 2023
The City Council met in a Special Work Session with Castle Road Township on Tuesday,
November 28, 2023, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the Work Session to order at 5 p.m.
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Nick Lien,
Katie Porter (listened in remotely), 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 & Economic Development Director
Tony Wippler, Planning Manager
John Powell, Public Works Director
Shirley Buecksler, City Clerk
Castle Rock Township Board of Supervisors Present:
Jon Juenke, Chair
Sandy Weber, Vice Chair
BJ Elvestad, Supervisor (listened in remotely)
David Nicolai, Supervisor
Pete Schaffer, Supervisor
Molly Weber, Clerk
Also Present: Drew Johnson, Sr. Vice President, Oppidan Investment Co.
Jacob Steen, Larkin Hoffman
Trisha Sieh, Kimley-Horn
2. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays.
3. DISCUSSION ITEMS
3.1 Discuss the Approval of a Resolution to Amend the Castle Rock Township/City
of Farmington Orderly Annexation Agreement to Include 315 Acres of Empey
Property
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Special Work Session Minutes of November 28, 2023 Page 2 of 7
Mayor Hoyt welcomed the Castle Rock Township Board of Supervisors and
everyone attending tonight’s meeting.
City Administrator Gorski thanked the Board for coming. It is an honor to have
you here. We appreciate getting together to discuss and have a possible
partnership together. Tonight, we have an introduction to this opportunity. The
Township Board has heard this presentation already, But with our Council, we
had established an ad hoc committee, so some of our Councilmembers have not
heard this presentation and have not had an overview, so we want to be sure we
are all on the same page, as well as the public. Drew Johnson of Oppidan
Investment Company will be going over what the project entails and doing a
project profile, design standards, and showing some pictures with examples of
what some of these parks look like. We are proud to have you here and humbled
to have you listen to what we have to say.
The land is in Castle Rock Township and requires infrastructure from the City of
Farmington. The Empey property owner is interested in annexing outside of the
existing OAA. The objective is to facilitate the annexation of the Empey property,
spanning 315 acres, into the City of Farmington. This proposed amendment is in
consideration of a potential data center technology park opportunity.
This proposed project represents a unique opportunity, one that would
substantially increase the tax base in the region, boost the revenues of local
businesses, offer educational job training, facilitate community outreach, and
foster substantial investments. Its impact extends beyond Castle Rock Township
and the City of Farmington.
Mr. Johnson discussed the types of properties that fit into this type of project. Flat
land with the ability to access municipal sewer and water, close to a solid work
force, and more. There are not a lot of properties available like this. Where
technology is going, the future are these contiguous campuses that can
concentrate on investment and resources. They are not asking for tax increment
financing (TIF), any public subsidies, or the City or Township to construct any of
the infrastructure that would serve this campus. The Metropolitan Council has a
large amount of recycled water to supply the summer cooling water which makes
for a more efficient data center before that water goes back to the Mississippi
River.
City Administrator Gorski: There is no TIF for this project and no business
subsidies. Castle Rock property owners will not be assessed for this project. We
attended and presented at the November 14th project introduction meeting at
Castle Rock. December 12 is the next Town Board Meeting and another
milestone in this project. We would be looking for Castle Rock to vote on this
annexation into Farmington. When the resolution is approved, the Memorandum
of Understanding (MOU) starts, which includes the details. The timeline for
annexation is estimated 90 to 120 days and the Alternative Urban Areawide
Review (AUAR) is a six to nine months process.
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Special Work Session Minutes of November 28, 2023 Page 3 of 7
The ask, Administrator Gorski said, is to allow the Empey property to be annexed
into the City of Farmington. The fiscal impact also includes the county and the
school district. We are estimating that when the build is done, by 2027, the
estimated taxes for Castle Rock and Farmington are $239,747.62 for one year.
It’s not just about us. It’s about the community as a whole.
Mayor Hoyt affirmed that similar projects to this have a level of confidentiality and
some questions may not be able to be answered tonight.
Supervisor Nicolai asked about access to the property.
Director Kuennen said those are details yet to come. When we get to the next
step, we will be able to get those details. We understand the concerns.
Supervisor Nicolai: If we agree, one big thing is the buffers were generous, and
we are concerned about losing control of those buffers.
Based on the orientation of the site, Mayor Hoyt asked if it would be fair to
assume that the Township would like to see some level of primary access in the
southwestern region of the property? Not a northern boundary access point.
They agreed. I cannot preface enough that this is being done in good faith.
Director Powell: The environmental review process will identify concerns of
neighboring properties with a larger site being planned as a campus.
Chair Juenke: These data centers use a lot of water. Is it new that you’re
recycling water more?
Director Powell: We are not taking from the water tower – it’s taken from ground
water. We are not proposing any wells on the Empey property. The City wants
to be sure we can supply what their needs are, but we are not proposing any new
wells in that area.
Chair Juenke: How much can you recycle before it goes to Met Council?
Mr. Johnson: Recycled water is non-potable water. In Minnesota, the standards
are quite high for recycled water. From the Met Council Empire plant, it would be
water, once it was cleaned, ready to go back to the Mississippi River. It would go
through a further polishing plant, which is required by regulations, to be used as
non-contact cooling water within the data center. Given the reliability that these
data centers need to have, using ground water, it would have to go through a
water treatment plant, so the data center wants their system to work – and it’s
not practical, cost effective, or reliable to rely on smaller private wells for this
project. We need to be hooked up to city systems. Recycled water is the only
reliable large environmentally conscious thing to do. That’s where the industry is
going.
Chair Juenke: Does this project give off much heat?
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Special Work Session Minutes of November 28, 2023 Page 4 of 7
Mr. Johnson: Water is cycled. One a hot day, 50% of water is evaporated through
the cooling process.
Mayor Hoyt clarified the source of water will not originate from wells in the area.
Mr. Johnson: City water and sewer has an industrial connection to the Met
Council.
Director Powell: Reminder, this is all within the City’s comprehensive plan to
make sure we can serve all these demands.
Chair Juenke: Would the City consider tarring the road to the southwest?
Director Powell: If there are lines coming from Empire, the question is it a project
with Empire to fit those needs. If significant changes are needed, I anticipate we
will know early in the process.
Vice Chair Weber: How many gallons of water will be taken out of the ground per
day?
Director Powell: We have a general idea but will not know until we are further in
the project. We plan to add 2.5M gallons of storage.
Mayor Hoyt: As far back as 2019, we have discussed an additional water tower
site. This is a project forcing us to do more extensive long -term planning.
Supervisor Nicolai: Traffic numbers are projected low. Ideas on projections?
Mr. Johnson: Growth over 10 to 15 years is very uniform, relative to constructing
buildings but the power will come in chunks the public won’t see. The public
would see a pretty orderly build over 10 to 15 years, but within the inside of the
building is different. Estimate full build in 2025 to 2038. One hundred people on
the entire site at once. Off peak would only be security and night workers. Less
than a few hundred workers.
Mayor Hoyt: We are doing this in good faith. I believe the community recognizes
things are a little bit different in today’s society. This is a generational opportunity.
At the end of the day, this is about a property owner, not the City. Know that
whatever we decide to do together, and how we get to that point, it is absolutely
done in good faith. We want to hear from the Township, we want to hear from
your residents. We respect the landowner’s rights, we respect the vision the
Township has, as much as we do our residents’ vision. Our ask is that we
continue to do this in good faith, that as we go through this, let’s hear
reservations, likes and dislikes, but let’s come up with an answer and go from
there.
Mr. Johnson: From our side, given that there is still an eight month environmental
review process, planning and agreements, is it a time crunch or just an urgency
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Special Work Session Minutes of November 28, 2023 Page 5 of 7
on the business as these same uses are being sought out around the nation?
Minnesota is set to get a lot of this investment. The annexation is the gateway to
having something done in 2027, which may be the urgency for it.
Director Kuennen: By the time a project gets in front of an elected body, there is
a sense of urgency. Prior to that, the developer has done a lot of vetting of various
types to narrow it down to sites that they believe will work. The magnitude of the
project and the lead times, they have to pull the triggers now. They cannot
expend the dollars to do things until the certainty is there.
City Administrator Gorski emphasized that we recognize our partnership. We
currently have our OAA. We are going to put our best foot forward. The first year
is a 50% cost. After their certificate of occupancy, that is the number we are
talking about. Administrator Gorski presented the City’s proposed tax distribution.
The estimated taxes in 2027 are $239,747.62. The City is proposing that cost by
50% for eight (8) years, for a total payment just under $1M.
Chair Juenke: Have you thought about attorney fees for the Township?
City Administrator Gorski said we can discuss that detail. I hope you are pleased
and surprised with this offer.
Mayor Hoyt: This is being done in good faith. Some details will be worked out in
due time. As we start to work this, details will be filled in. Some conversations
may be more in-depth. Let’s have those conversations. We cannot do this without
your approval. I believe we can come to a mutually agreed upon agreement. We
can agree today that we can answer those questions when we get to that point.
Chair Juenke: We agree, and we are here to listen.
Director Kuennen: Having the resolution allows things to move forward. And the
MOU – we work through those details while things get moving.
Supervisor Schaffer: We only get together once a month, but you want an answer
in two weeks. City Attorney Koch said the attorneys can negotiate and the
Township Board could also schedule a special meeting.
Mayot Hoyt: Something this big and impactful, the ask is – let’s do what we have
to do. Would your body be able to take two of you as an ad hoc group to meet?
Or as full bodies in public meetings.
Chair Juenke: Empire became a city so you can’t go to them. That scares us that
you’re coming to us.
Supervisor Nicolai: The annexation agreement is more to me than money. This
Council is cordial and cooperative. What happens when there are five new
members who are not? We feel comfortable with you but we cannot bet on the
future with who is sitting in those chairs.
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Special Work Session Minutes of November 28, 2023 Page 6 of 7
Councilmember Bernatz: Thank you all for being here. A s the daughter of a dairy
farmer, I see if from both sides. It’s not lost on me. What that means is I can see
the emotional side of the Empey’s. It changes the trajectory of their family. I
believe it to be absolutely true – this doesn’t happen for them or the developer
unless we work through the details. This has the opportunity to change a lot of
things for the community. Thank you.
Councilmember Bernatz left the meeting at 6:15 p.m.
Mayor Hoyt: For those that know me, I stand by my word. We will address the
concerns that get us to a mutually acceptable OAA. The City is not trying to come
into any township. I was part of the conversation with Empire when they asked
us to take in the land just south of 160th, but we turned it down. We may not come
asking, but someone else might, and we want to be in mutually agreeable
situations where you can be respectful of what we’re looking for and we can be
respectful of what it is you need. I will always refer to it as the greater Farmington
area because that’s what it is. I will tell you that we are continuing down this path
of maintaining civility, having honest conversations, establishing long-term
relationships. We have to have a standard to take care of everyone in the area,
whether they are city or township.
Director Kuennen: At the last meeting, the Township expressed the desire to look
at the existing annexation agreement to preserve and protect the identity of the
future of the township. We heard that you wanted to update that, and we are
willing to sit down and talk through that. We propose that we revisit that outside
of this particular ask. In good faith, we are willing to sit down and talk about what
that means.
Mayor Hoyt: If there is a specific ask or something to consider, not only have we
heard that, but let’s put it in writing and make it formal, as we would with our
proposed tax calculations. The intention is to put it in writing.
Clerk Weber: What happens after eight years?
City Administrator Gorski: This agreement would then be completed.
Mayor Hoyt: The split is done in 2027, and eight years start from then. We want
you to feel like this is a win with a very strong offer. Come forward with whatever
it takes to get it done.
Chair Juenke: The Board can meet behind closed doors before December 12 th
and have our asks to Administrator Gorski in writing before that date. In good
faith, we will meet on Monday.
Mayor Hoyt: In good faith, if fiscally we are on the same page for a mutually
agreed upon distribution of the taxes, then let’s check that box. If for some reason
you’re not, then put something in writing. The second part is an Orderly
Annexation Agreement amendment, not Empey property, but the e xisting
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Special Work Session Minutes of November 28, 2023 Page 7 of 7
agreement. Propose language for what you’re asking for in that, send it to
Administrator Gorski, and we can discuss it internally.
City Attorney Koch: Castle Rock will meet Monday to discuss the terms and come
back to us with specifics, correct? At that point, until we talk with your attorney, I
don’t want us to worry about the titles of what documents are, we need the
thumbs up from your attorney. We need to make sure we are working through
this at the right rate so as much as you can focus on the terms themselves, that
would be great, and we can start working on what that document will actually
look like. I am happy to work with your attorney or one of you and Administrator
Gorski will also be involved.
Chair Juenke: In good faith, we will meet possibly next Monday.
Councilmember Wilson: Administrator Gorski will then bring the ad hoc
committee to work together.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
6. ADJOURNMENT
Motion was made by Councilmember Wilson and seconded by Councilmember Lien to
adjourn the meeting at 6:34 p.m.
Motion carried: 4 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 188 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the December 4, 2023 Council Work Session
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
For Council review and approval are the minutes of the Council Work Session dated December 4,
2023.
ACTION REQUESTED:
Approve the minutes of the December 4, 2023 Council Work Session.
ATTACHMENTS:
12.04.23 Work Session Minutes
Page 189 of 229
Work Session Minutes of December 4, 2023 Page 1 of 8
City of Farmington
City Council Work Session Minutes
Monday, December 4, 2023
The City Council met in a Work Session on Monday, December 4, 2023, at Farmington
City Hall, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the Work Session to order at 5 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 & Economic Development Director
Kim Sommerland, Finance Director
Justin Elvestad, Fire Chief
Jeff Allbee, Fire Relief President
Tony Wippler, Planning Manager
Gary Rutherford, Police Chief
John Powell, Public Works Director
Ed Rutledge, Natural Resources Specialist
Shirley Buecksler, City Clerk
Also Present: Vishal Dutt, Development Partner, Yellow Tree
Robb Lubenow, Yellow Tree
Tom Wasmoen, Firm Ground Architects and Engineers
2. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember
Bernatz to approve the agenda, as presented.
Motion carried: 5 ayes / 0 nays.
3. DISCUSSION ITEMS
3.1 Discussion Regarding Proposed Development and Existing Special
Assessments
Director Kuennen presented. In June of this year, Staff attended the Minnesota
Real Estate Journal Apartment Summit, where they met Vishal Dutt,
Development Partner with Yellow Tree – a Minneapolis-based commercial real
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Work Session Minutes of December 4, 2023 Page 2 of 8
estate development and construction firm. Staff has been working with Mr. Dutt
(the Developer) to identify a site in Farmington for the construction of a market
rate apartment project. The Developer has secured a site and is now seeking
assistance from the City to advance this project.
Mr. Dutt has successfully negotiated a purchase agreement for a 3 -acre portion
of the 15-acre "Hy-Vee" property (PID 148260000031). The site, once
subdivided, would house a market-rate apartment development with covered and
surface parking, and other outdoor amenities. The proposed project is estimated
to be $28 million - which includes land acquisition, hard construction costs and
soft costs (architecture, engineering, finance, etc.). In order for the project to
move forward, the developer is seeking financial assistance from the City - in the
form of forgiveness of the special assessment attached to the property and some
form of tax incentive (tax abatement). These resources are necessary for the
project to be financially feasible.
The property is currently paying on a 15-year special assessment that was
previously deferred. Calendar year 2023 is Year 2 of the assessment payments,
with a total approximate payoff of $1,722,595 (total parcel), at a per acre rate of
$116,549. Based on these numbers, the special assessment is an impediment
to the project, as it adds an additional estimated $350,000 to the overall
development costs for the 3-acre development. Before spending additional
dollars on engineering, architecture, and design, the Developer is seeking input
regarding the City Council's appetite to waive the special assessment on the
3-acre portion of the overall parcel (contingent to the investment/development
moving forward) and also if the City Council is open to exploring the use of tax
abatement as a means to reduce the financial gap/feasibility in order to advance
the project. Based on feedback from the City Council, the Developer will decide
whether to continue pursuing the project at this location. If there is positive
feedback and a willingness to support utilizing such resources to advance the
development, the next steps will include engaging with the City's financial
consultant to work with the developer in preparing a more in -depth financial
analysis and tax incentive recommendation which would come back at a future
meeting.
Discussion included:
Councilmember Wilson: As a policy maker, where we know there is going to be
a need to use financing tools on a lot of different projects, whether its multi family,
high quality apartments, retail, commercial, etc., we have to know what the City’s
capacity is to waive or abate. There has to be a threshold. For a period of time,
there is going to be a lot of taxes and things that are waived where we are either
holding market value for an extended period of time or you just flat out waive it.
And I have to believe with the Peterson north portion, the remainder of the Hy-
Vee property, and the portion on the other side of Eden, those are going to
require some kind of assistance, too. As a City, we need to be prepared to help,
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Work Session Minutes of December 4, 2023 Page 3 of 8
but what is the threshold to help them? I don’t want to be responsible for holding
the future of the City hostage in the same way it happened before for a period of
time, and we need to see those assessments coming through. We should be
prepared for an expectation of $1.72M would be automatically asked for if we
were to give it to one developer, I assume the remainder would.
Director Kuennen: The abatement is limited by state law. If we are interested in
abatement for this project, we are well under the threshold. Looking how we can
use future taxes to support a project, With the project comes the ask to abate a
portion of those taxes. Part is keeping those existing taxes. We are only looking
to use the taxes from the project, into the project. Every request will be analyzed
on its own merit.
Councilmember Lien: Has Hy-Vee shared their plans and do they have 3 acres
to spare? Manager Wippler said they had an approved site plan and occupational
use and that they did not use the entire space.
Councilmember Bernatz: 1) As we divide the parcel, what is the likelihood of
smaller parcels that we would have an equal investment to the $28M parcel?
Giving up $1.7M could potentially return a higher gain. 2) What is the benefit/loss
to the City in regard to abatement? 3) What is the message that we send to
corporations if we forgive abatement? It is not our job to penalize other
developers for the actions of a previous developer.
Mr. Dutt: If you put in housing, everything else will come. Councilmember Lien
agreed – you need people to make business grow.
Director Kuennen: We are actively trying to recruit a grocery store. There are
metrics that grocery stores look at. This is the kind of development that helps the
case to get a grocery store here. The location of the site does not limit the use of
the other 12 acres. It is a logical location.
Councilmember Porter: 80% of our tax base is residential. We understand that
drives the market analysis. Are we complicating a partnership that we are trying
to create? The market for that in Farmington concerns me. Thinking about the
abatement and lack of proven success rate with rental is hard. I’m not here to
say no – we just need a little more in front of us, with the possibility of that $1.7M.
The comparison to Farmington is really hard to find. The ask for the market rate
pricing – there is a lot bigger demand for that.
Mr. Lubenow: A lot is played out through a market rate study to get that
information.
Director Kuennen: The market analysis will determine the rents that will be
compatible here. The Ebert construction project will be included in that analysis.
Council would have a lot of decisions before it’s considered.
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Work Session Minutes of December 4, 2023 Page 4 of 8
Councilmember Porter: We are going to have concerns from our constituents
and it’s our responsibility to ask those questions. I appreciate the point that many
people are still working remotely.
Mayor Hoyt: There are some good questions and points that have been made.
But it’s important to understand that, for the past seven years, the City was
promised a build by a big company, but that changed, and we have had to put
out fires in the community for the past five to seven years. Abatement, or waiving
any form of assessment, must either bring jobs in or create density, which
becomes a promotion for other employers to bring jobs in. You need to do your
market study, but we would hate to abate and 12 months from now, we could
have a property with no development. We need a reasonable amount of certainty
of what the ask is. When we started doing Vita Attiva, we had to redo the
comprehensive plan regarding mill and overlay. The first think I look at is if the
square-about doesn’t need to be there, does it affect the site layout and ability to
put in more units?
Mr. Dutt: This is three levels with underground parking and on surface parking.
Mayor Hoyt: Do you have any mixed use projects with retail integrated in the
system? The need for more retail options continues to exist. How do you achieve
your density and cost mix along with some sort of retail? Does the square-about
change your site layout? There is a huge appetite for a lot more mixed use.
Mr. Wasmoen: I don’t think this site is good for mixed use but perhaps on the
north side. It would have to be a destination retail with more parking. First floor
retail in Lino Lakes still has empty space for the past 17 years. The grand vision
is hard and works better when it’s organic. I would work on increasing retail in
the downtown.
Mayor Hoyt: I understand you want some form of direction. I am in favor of the
$350K going away because it’s adding to our density. We don’t have the housing
to support the workforce for some of these larger prospective employers. I would
support it for that reason. I will ask that we get some level of idea of what type of
abatement you’ll need. What can’t happen is we let the $350K go, the City takes
on a million dollars in road reconstruction project, connect things through, and
meet all the fire needs, we can’t take on that expense and then find out there is
going to be a fill-in-the-blank ask and abatement. We don’t want you to incur
expenses and then come back and we say no. As long as the additional
abatement over time isn’t over the top that it becomes prohibitive for us in future
capacity.
Councilmember Bernatz: I agree with your position on it and would take a similar
stance. We need to remember as Council that the questions and conversations
will be tough with residents, and it is our goal to discuss those. I want to know
more about the dollars and cents – anything that provides density along with
commercial, I’m happy moving forward.
Page 193 of 229
Work Session Minutes of December 4, 2023 Page 5 of 8
Councilmember Porter: We are just asking for more clarity. This is an
aesthetically pleasing project.
Councilmember Wilson: The development is attractive. The market will be the
guiding point for density. I am concerned about the road and don’t like the way
it’s configured, so that will need to be figured out. Specifically, Dushane Parkway
- the idea is to bring it straight down to the intersection or a roundabout.
Mayor Hoyt: Vita Attiva is responsible for the intersection signal at Pilot Knob. It’s
the right time to look at the square-about and provide a smooth transportation
flow. That definitely needs to be looked at. The developer can come up with a
concept for a roundabout versus a square-about that will work for them.
Councilmember Wilson: The major issue I have is Council needs to discuss the
$1.7M and what it looks like. We need a dialogue about the whole thing, but it’s
a very attractive project.
Councilmember Lien: We know there is a shortage of retail, so my tolerance of
the abatement is higher if there is retail.
Mayor Hoyt: We believe we know what our community needs. We always have
an appetite for more retail. About three of us are clearly yes, absent more
information. A quick offline conversation will fill in the other gaps. Staff can do
that as quickly as possible.
Mr. Dutt: We intend to start by Fall 2024.
3.2 Emerald Ash Borer (EAB) Management Plan – Update
Director Powell and Natural Resources Specialist Rutledge presented. Earlier
this year, City Council considered various scenarios for an updated EAB
Management Plan. On March 20, 2023, Council approved Scenario #4, which
aggressively responds to the EAB while keeping public safety as the focus.
Scenario #4 pertains to public trees, particularly those in boulevard areas (city
right-of-way outside of the roadway) and park areas. This scenario uses a
coordinated approach on public ash trees, including extensive tree removals,
along with injection of an insecticide to extend the health of the trees until they
can be safely removed. At the same time, we have a significant effort underway
to perform boulevard tree trimming along roadways. Staff provided a brief update
to Council on our progress and challenges so far. An annual update will be
provided in March or April of 2024.
Following are some metrics for trees removed, trimmed, ash-treated and stumps
removed so far in 2023. More trees will be trimmed in the next few weeks via
contracted labor.
Page 194 of 229
Work Session Minutes of December 4, 2023 Page 6 of 8
Tree removals:
• 375 trees removed.
• Includes 325 Ash trees; the remainder were dead/hazard trees of other
species.
• 86% removed by contractors; the balance removed by City Staff.
Trimming:
• 570 trees trimmed.
• 65% trimmed by contractors; the balance by City Staff.
Treatment: 1,060 trees by contractor.
Stump Removal: 449 stumps removed by contractors
We are also doing major trimming. We have code support for doing the work we
do, but it has a big impact on residents. There has been a backlog in pruning for
about a decade. Future focus will be hazards and trimming only. We have a
Green Corp member auditing trees who found about 40 private trees – we are
bound to find more going forward. It’s labor intensive. People are starting to
understand, and the calls are slowing down. We may look at a tree rebate
program for planting new trees. Some may plant the tree on their side of the lot
line, and it will become a private tree – that comes with a lot of communication.
The goal is to replace trees because we are losing our canopy and a variety of
species.
Councilmember Lien asked that we have language with a specific list of species.
Mayor Hoyt suggested going one step further regarding species and placement,
which trees provide canopy and height over sidewalks, mix of trees, likelihood of
success, and the proposed rebate. Come up with an ordinance and a way to
implement a good plan. Spot it for them on GIS and we will figure it out from a
policy standpoint.
Councilmember Lien asked about expectations of park land. Behind his home is
80% marsh and 20% buckthorn.
Mayor Hoyt said as we go through future developments, we need to be talking
about trees and placement. He also suggested a City forestry division where
things can be handled internally.
3.3 Speed Limit Background
Director Powell presented the issue of speed limit levels, the City's ability to set
speed limits, and the process for changing speed limits has been raised in the
past, and again more recently. This is a good opportunity to share background
Page 195 of 229
Work Session Minutes of December 4, 2023 Page 7 of 8
information on relatively recent legislative changes and research pertaining to
speed limits.
Minnesota Statute Section 169.14, subd. 2 was updated August 1, 2019, by the
Minnesota State Legislature. The change gave cities the authority to establish
speed limits for streets under their jurisdiction without having MnDOT conduct a
speed study and without approval by the Commissioner of Transportation
provided that:
• Speed limits are implemented in a consistent and understandable manner.
• The City erects appropriate signs to display the speed limit.
• The City develops procedures to set speed limits based on the City’s safety,
engineering, and traffic analysis considering national urban speed limit
guidance and studies, local traffic crashes, and methods to effectively
communicate the change to the public.
The best practices process (which could be applied either citywide or roadway
specific) described in the report is as follows:
1. Document Existing Conditions
2. Survey Residents and Elected Officials
3. Analyze your Data
4. Partnering with Law Enforcement
5. Evaluate Alternative Approaches/Make a Decision
6. Prepare a Policy Statement
7. Develop a Plan to Implement
8. Conduct a Follow-Up Assessment
Two examples of how Saint Paul and Minneapolis have responded to speed limit
legislation changes were included in the Council’s packet. The approach for
Farmington needs to be developed at a level of scope detail that meets our
needs. The goal being that we develop a defined process that incorporates best
practices and transparency for the public.
Director Powell will direct Staff to prepare a procedure and approach for future
requests to change speed limits. We currently do not have a procedure to follow.
4. COUNCIL COMMITTEE UPDATE
No update.
5. CITY ADMINISTRATOR UPDATE
No update.
Page 196 of 229
Work Session Minutes of December 4, 2023 Page 8 of 8
6. ADJOURNMENT
Motion was made by Councilmember Lien and seconded by Councilmember Bernatz
to adjourn the meeting at 6:53 p.m.
Motion carried: 5 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 197 of 229
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: First Amendment to the Residential Solid Waste/Recycling Services Agreement
Between the City of Farmington and Dick's Sanitation
Meeting: Regular Council - Dec 18 2023
INTRODUCTION:
In November of 2021, the City entered into an agreement with Dick's Sanitation Service, Inc. (DSI)
for solid waste services for an initial term of five years. The agreement includes a rate schedule for
trash and recycling for the years 2022 through 2026. DSI is requesting an amendment to the
agreement.
DISCUSSION:
City of Farmington waste is processed at the City of Red Wing. On December 6, 2023, the City of
Red Wing notified DSI and the City that their Municipal Solid Waste (MSW) tipping fee was
increasing from $113.00/ton to $118.00/ton; an increase of 4.4%. Per section 19.11 of the original
agreement, DSI is allowed to pass on this cost increase to their customers in Farmington. This
agreement interpretation was confirmed with the City Attorney.
Exhibit B shows how this Red Wing cost increase will impact the Farmington rates with the new rate
being in the column shaded yellow. The rate increase applies only to trash, not recycling. The
"Current Rate" on Exhibit B is the existing 2023 rate; the "New Rate" is the 2024 rate with the
tipping fee cost increase incorporated. The right side of the exhibit shows the 2024 rate stated in
the existing contract, and the percent increase resulting from the tipping fee increase. In all cases,
the increase is 0.65% or less.
BUDGET IMPACT:
Per the existing agreement, DSI provides trash and recyclable collection at City facilities at no
additional cost to the City.
ACTION REQUESTED:
Approve the First Amendment to the Residential Solid Waste/Recycling Services Agreement
Between the City of Farmington and Dick's Sanitation.
ATTACHMENTS:
DOCS-#229173-v1-FIRST_AMENDMENT_TO_DSI_AGREEMENT
Page 198 of 229
Exhibit A 2024 Hauler Disposal Rates DSI
Exhibit B Farmington Increase Breakdown
DSI Agreement
Page 199 of 229
229173v1
FIRST AMENDMENT TO
AGREEMENT FOR RESIDENTIAL SOLID WASTE / RECYCLING SERVICES
AGREEMENT BETWEEN THE CITY OF FARMINGTON AND DICK’S SANITATION
THIS FIRST AMENDMENT TO RESIDENTIAL SOLID WASTE / RECYCLING
SERVICES AGREEMENT BETWEEN THE CITY OF FARMINGTON AND DICK’S
SANITATION (“First Amendment”) is made this 18th day of December, 2023, by and between the
CITY OF FARMINGTON, a Minnesota municipal corporation (the "City") and DICK’S
SANITATION SERVICE, INC., a Minnesota corporation (“DSI” or "Contractor").
RECITALS
A. City and DSI entered into an Agreement for Residential Solid Waste / Recycling
Services, made effective January 1, 2022 (“Agreement”).
B. On December 6, 2023 the Deputy Director of Solid Waste in the City of Red Wing
notified Contractor and City of an increase in the Municipal Solid Waste tipping fee, attached hereto
as Exhibit A.
C. Section 19.11 of the Agreement allows DSI to pass on such documented increases in
disposal fees to the customer.
D. The parties desire to memorialize the change in fees consistent with the Agreement.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. Modification to Rates and Charges. Attachment C of the Agreement regarding
Rates and Charges shall be modified per Exhibit B of this Amendment, attached hereto.
2. Effect of Agreement. Except as specifically amended by this Amendment, the
Agreement shall remain in full force and effect.
[Remainder of page intentionally left blank. Signature page follows.]
Page 200 of 229
229173v1
CITY OF FARMINGTON
By:__________________________________
Joshua Hoyt
Its Mayor
By:__________________________________
Shirley R Buecksler
Its City Clerk
DICK’S SANITATION
BY: _____
Print:____________________________________
ITS: _____________________________________
Page 201 of 229
229173v1
EXHIBIT A
Letter from Red Wing’s Deputy Director of Solid Waste
Page 202 of 229
229173v1
EXHIBIT B
Attachment C Rates and Charges
Page 203 of 229
1873 Bench Street
Red Wing, MN 55066
Website: www.red-wing.org
Phone: 651.385.3658
Fax: 651.385.3670
December 6, 2023
Jeff Weast
Dick’s Sanitation Service, Inc.
8984 215th Street West
Lakeville, MN 55044-8338
Mr. Weast:
The letter is sent to inform you and the City of Farmington that on December 4, 2023 the
Red Wing City Council approved the 2024 Fee Schedule. Of note is the increase to the
Municipal Solid Waste (MSW) tipping fee from $113.00/ton to $118.00/ton. The Cities
of Red Wing and Farmington have been working together since 2019 to ensure that each
achieves the best outcomes for waste generated in our respective communities facilitated
through Farmington’s contracted waste hauler Dick’s Sanitation (DSI).
Red Wing takes a great deal of pride in the cooperation between our communities and the
shared environmental benefits of recovering recyclable commodities from waste, using
waste as a renewable energy and landfill abatement achieved through this partnership.
The City of Red Wing’s Solid Waste Division would also like to extend to Farmington
staff and Elected Officials an open invitation to tour the City of R ed Wing’s waste
processing operations to better understand how Farmington waste is managed.
We greatly appreciate your support and if you have any questions or comments, please
contact me directly.
Thank you,
Jeff Schneider
Deputy Director, Solid Waste
Page 204 of 229
LOB Container Size (Gallon)Current Rate New Rate Cycle 2024 Contract Rate Delta % Over Contracted Rate
RESI MSW 35 15.26$ 15.82$ Monthly 15.72$ 0.10$ 0.63%
RESI MSW 65 20.37$ 21.12$ Monthly 20.98$ 0.14$ 0.65%
RESI MSW 95 25.01$ 25.93$ Monthly 25.76$ 0.17$ 0.65%
RESI REC 35 7.47$ 7.69$ Monthly 7.69$ -$ 0.00%
RESI REC 65 7.47$ 7.69$ Monthly 7.69$ -$ 0.00%
RESI REC 95 7.47$ 7.69$ Monthly 7.69$ -$ 0.00%
MSW & REC 35 68.20$ 70.53$ Quarterly 70.24$ 0.29$ 0.41%
MSW & REC 65 83.52$ 86.42$ Quarterly 86.03$ 0.39$ 0.45%
MSW & REC 95 97.43$ 100.85$ Quarterly 100.35$ 0.50$ 0.50%
YARDWASTE 95 133.00$ 137.00$ Annual 137.00$ -$ 0.00%
LOB Container Size (Yard)Current Rate New Rate Cycle
COMM MSW 1 52.66$ 54.59$ Monthly 54.25$ 0.34$ 0.63%
COMM MSW 1.5 74.70$ 77.44$ Monthly 76.94$ 0.50$ 0.65%
COMM MSW 3 129.45$ 134.20$ Monthly 133.33$ 0.87$ 0.65%
COMM MSW 4 184.19$ 190.94$ Monthly 189.72$ 1.22$ 0.65%
COMM MSW 6 238.94$ 247.70$ Monthly 246.11$ 1.59$ 0.65%
COMM MSW 8 293.69$ 304.46$ Monthly 302.50$ 1.96$ 0.65%
COMM MSW 10 348.44$ 361.22$ Monthly 358.89$ 2.33$ 0.65%
COMM MSW 1 157.98$ 163.77$ Quarterly 162.72$ 1.05$ 0.65%
COMM MSW 1.5 224.10$ 232.32$ Quarterly 230.82$ 1.50$ 0.65%
COMM MSW 3 388.34$ 402.58$ Quarterly 399.99$ 2.59$ 0.65%
COMM MSW 4 552.58$ 572.84$ Quarterly 569.16$ 3.68$ 0.65%
COMM MSW 6 716.83$ 743.12$ Quarterly 738.33$ 4.79$ 0.65%
COMM MSW 8 881.06$ 913.37$ Quarterly 907.49$ 5.88$ 0.65%
COMM MSW 10 1,045.31$ 1,083.64$ Quarterly 1,076.66$ 6.98$ 0.65%
COMM REC 1 36.86$ 37.97$ Monthly 37.97$ -$ 0.00%
COMM REC 1.5 52.29$ 53.86$ Monthly 53.86$ -$ 0.00%
COMM REC 3 90.61$ 93.33$ Monthly 93.33$ -$ 0.00%
COMM REC 4 128.94$ 132.80$ Monthly 132.80$ -$ 0.00%
COMM REC 6 167.26$ 172.28$ Monthly 172.28$ -$ 0.00%
COMM REC 8 205.58$ 211.75$ Monthly 211.75$ -$ 0.00%
COMM REC 10 243.90$ 251.22$ Monthly 251.22$ -$ 0.00%
COMM REC 1 110.59$ 113.90$ Quarterly 113.90$ -$ 0.00%
COMM REC 1.5 156.87$ 161.57$ Quarterly 161.57$ -$ 0.00%
COMM REC 3 271.84$ 279.99$ Quarterly 279.99$ -$ 0.00%
COMM REC 4 386.81$ 398.41$ Quarterly 398.41$ -$ 0.00%
COMM REC 6 501.78$ 516.83$ Quarterly 516.83$ -$ 0.00%
COMM REC 8 616.74$ 635.25$ Quarterly 635.25$ -$ 0.00%
COMM REC 10 731.71$ 753.67$ Quarterly 753.67$ -$ 0.00%
City of Farmington
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SOLID WASTE / RECYCLING SERVICES AGREEMENT
BETWEEN THE CITY OF FARMINGTON AND DICK'S SANITATION
THIS SOLID WASTE / RECYCLING SERVICES AGREEMENT is made and entered into
effective the 1st day of January, 2022 (the "Effective Date"), by and between the CITY OF
FARMINGTON, a Minnesota Municipal Corporation organized and existing under the laws of
the State of Minnesota (the "City") and DICK'S SANITATION SERVICE, INC., a Minnesota
Corporation(s) ("DSI" or the "Contractor").
WITNESSETH
A. WHEREAS,the City has found and determined that the public health and safety of the
City will be promoted and preserved by establishing an arrangement for the collection,
transportation, and disposal of solid waste kept and accumulated by residences and
businesses within the City as defined in City Code Section 7-1-2; and
B. WHEREAS,DSI is engaged in the business of collection and recycling of solid waste
and is familiar with the requirements of the City and its solid waste services; and
C. WHEREAS, the City has determined DSI to be qualified to carry out the terms of this
Agreement upon the terms and conditions and for the consideration hereinafter provided:
and
NOW, THEREFORE, in consideration of the foregoing and the covenants, promises,
undertakings,and obligations herein created,granted,and assumed,the parties hereto agree as
follows:
1. DEFINITIONS
1.1. For purposes of this Agreement,terms not otherwise defined herein shall have the
following meanings:
1.1.1. Affiliate: Any entity, directly or indirectly, through one or more
intermediaries,controlling,controlled by,or under common control with
the relevant party.
1.1.2. Bulky Wastes: Stoves,refrigerators,water heaters,washing machines and
similar "white goods," bicycles, lawn mowers, lawn chairs, furniture and
other waste material other than construction debris, or hazardous waste
with weights or volumes greater than those allowed for bags or carts.
Bulky household solid waste does not include electronic waste.
1.1.3. Collection: The aggregation of Municipal Solid Waste (MSW),
Recyclables,Bulky Wastes, Organics and Yard Wastes from the place at
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 206 of 229
which they are generated including all activities up to the time they are
delivered to a processing facility.
1.1.4. Cart: The wheeled, lidded container in which Solid Waste, Recyclable
materials or Yard Wastes can be stored and placed for curbside collection.
1.1.5. City Administrator: The Farmington City Administrator or their designee.
1.1.6. City-Designated Solid Waste Disposal Facility: The facility designated
by the City where DSI is required to deposit Trash and/or recyclables
collected under this Contract.
1.1.7. Collection Vehicle:Any vehicle licensed and inspected as required by the
state and county and approved by the City for solid waste collection within
the corporate boundaries of the City.
1.1.8. Composting Facility: Facility licensed to process yard waste and/or
source separated organics in conformance with state and local regulations.
1.1.9. Confidential/privileged: Information protected by privilege under
applicable law and information which by its nature would reasonably be
considered confidential or proprietary.
1.1.10. Contract: The City of Farmington service agreement for solid waste
and recyclables collection services and as subsequently amended.
1.1.11. County: Dakota County,MN
1.1.12. Dwelling Unit: A building or portion thereof designed or used exclusively
for residential occupancy as dwelling units.
1.1.13. Electronic Waste: Any discarded consumer electronic device with a
circuit board including,but not limited to:televisions,computers,laptops,
tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse,
etc.), cell phones, PDAs, DVD recorders/players and video cassette
recorders/players,fax machines and other items as specifically referenced
in Minnesota Statutes Section 115A.1310.
1.1.14. Hazardous Waste: Has the meaning prescribed in Dakota County
Ordinance No. 110
Hazardous Waste means any refuse, sludge,spent solutions or other waste material
or combinations of refuse, sludge, spent solutions or other waste materials in solid,
semi-solid, liquid, or contained gaseous form which, because of its quantity,
concentrations, or chemical,physical, or infectious characteristics may(a)cause or
significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness;or(b)pose a substantial present or
potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed. Categories of hazardous
waste materials include, but arenot limited to: explosives, flammables, oxidizers,
poisons, irritants and
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 207 of 229
corrosives. Hazardous waste does not include source,special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended."
1.1.15. Holidays: There are six(6)major Holidays observed each year:New
Year's Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving
Day, Christmas Day.
1.1.16. Mixed Municipal Solid Waste(MSW): Has the meaning prescribed in
Dakota County Ordinance No. 110 :
garbage, refuse, and other solid waste from residential, commercial,
industrial, and community activities that the generator of the waste
aggregates for collection but does not include auto hulks, street
sweepings, ash, construction debris, mining waste, sludges, tree and
agricultural wastes, tires, lead-acid batteries, motor orvehicle fluids and
filters, and other materials collected, processed, and disposed of as
separate waste streams."
Also referred to in this contract as"Trash".
1.1.17. Non-Recyclable Paper.Non-recyclable paper includes,but is not limited
to, paper napkins, towels, and tissues; paper plates and cups; food
containers; paper bags and waxed paper (fast food wrappers, parchment
paper,etc.);paper milk and juice cartons (remove plastic spouts-NO juice
boxes or pouches); cardboard pizza boxes; boxes from refrigerated and
frozen food and beverages; coffee filters (and grounds); and tea bags.
1.1.18. Multiple Unit Residential Dwelling: Any building consisting of more
than three(3)Residential Dwelling Units.
1.1.19. Person: Includes any natural person, corporation, firm or association.
1.1.20. Pick-up(Stop):A collection of one or more containers from a Residential
Single Dwelling. One pick-up may include more than one container or
extra bag or bundle.
1.1.21. Premises: Any dwelling house, dwelling unit,building, and every other
place or premises where any person resides, or a business is operated
within the City.
1.1.22. Problem Material Waste: Waste that is too large to fit into a standard
Trash cart and require special collection by DSI. Problem material waste
includes (but is not limited to): furniture, appliances, mattresses, and bed
springs. Problem material waste does include household electronic waste.
1.1.23. Recyclables:Has the meaning prescribed in Dakota County Ordinance
No. 110:
Materials that are suitable for separating from solid waste for the
purpose of recycling including, but not limited to,paper, glass,plastics,
metals, automobile oil, batteries, etc. Refuse derived fuel or other
material that is destroyed by incineration is not a recyclable material..
For a more complete definition and list of recyclable materials,please see the
Dakota County,Minnesota Designated List of Recyclables.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 208 of 229
1.1.24. Recyclables Pick-up: Each instance that recyclables are picked up at
aResidential Dwelling Unit(RDU) or a commercial account.
1.1.25. Recyclables Processing Facility.Facility designed for centralized sorting,
processing,and/or grading of collected recyclable materials for marketing.
The facility will conform to all applicable rules, regulations and laws of
state, local or other jurisdictions.
1.1.26. Residential Dwelling Unit(RDU):Any eligible,occupied dwelling
having a kitchen occupied by a person or group of persons.
1.1.27. Residuals: Waste materials left after recovery of recyclables and/or the
physical, chemical or biological processing of wastes.
1.1.28. Single Stream Recycling/Single Sort Recycling: The recycling system
inwhich residents set out recyclables in one container without further
sortingby residents, and the materials are later processed at a processing
facility into their individual marketable commodities.
1.1.29. Solid Waste: Has the meaning prescribed in Dakota County
Ordinance No. 110,which states:
Solid Waste" means garbage, refuse, sludge from a water supply
treatment plant or air containment treatment facility, and other discarded
waste materials and sludges, in solid, semisolid, liquid, or contained
gaseous form, resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not
include hazardous waste, animal waste used as fertilizer, earthen fill,
boulders, rock, sewage sludge, solid or dissolved material in domestic
sewage or other common pollutants in water sources, such as silt,
dissolved or suspended solids in industrial waste water effluents or
discharges which are point sources subject to permits under section 402
of the federal Water Pollution Control Act, as amended, dissolved
materials in irrigation return flows, or source, special nuclear, or by-
product material as defined by The Atomic Energy Act of 1954, as
amended.
1.1.30. Source Separated Organics (SSO): Has the meaning prescribed in
Dakota County Ordinance No. 110,which states:
Source Separated Compostable Material means materials that:
1. Are separated at the source by waste generators for the purpose of
preparing them for use as compost;
2. Are collected separately from mixed municipal solid waste, and are
governed by the licensing provisions of Minn. Stat. §115A.93;
3.Are comprised offood wastes,fish animal waste,plant materials, and
compostable materials that meet the standards in ASTM D6400 and
ASTM D6868 as incorporated by reference under Minn. Rule.
7035.0605;
4. Are delivered to a facility to undergo controlled microbial
degradation to yield a humus-like product meeting the MPCA's class
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 209 of 229
I or class II, or equivalent, compost standards and where process
residues do not exceed 15% by weight of the total material delivered
to the facility; and
5. May be delivered to a transfer station, mixed municipal solid waste
processing facility, or recycling only for the purposes of composting
or transfer to a composting facility, unless the MPCA determines that
no other person is willing to accept the materials.
1.1.31. Trash: See Mixed Municipal Solid Waste.
1.1.32. Volume-based charges: Charges that vary based on limits of MSW which
a premise is permitted to dispose of,often measured by the Trash Cart size.
Yard Waste: Has the meaning prescribed in Dakota County Ordinance
No. 110,which states: "Yard Waste"means garden wastes, leaves, lawn
cuttings, weeds, shrub and tree waste, and prunings generated at
residential, commercial, or public properties.
2. TERM OF AGREEMENT
2.1. This Agreement shall commence on the Effective Date and remain in effect
through December 31, 2026.
2.2. At the expiration of the initial contract term, the parties, upon mutual consent,
may extend the contract for one (1) initial five (5) year term, and up to two (2)
additional two year terms each under prices as may mutually be negotiated for the
option years by delivering written notice of its intent to extend the term to DSI at
least six(6)months prior to the expiration of the contract term.
2.3. Pursuant to Section 21, infra, The City reserves the right to terminate this
Agreement for material breach by DSI subject to Section 19;provided,however,
that DSI will be given written notice of such material breach and a thirty (30)
business day period to cure before termination is effective. If said material
breach is cured within the period, the termination will become null and void.
Termination shall notaffect the City's right to make a claim against DSI or its
Performance Bond for the damages on account for such a breach.
2.4. No assignment of any rights or obligations under this Agreement shall be made
without written approval of the City Council and by mutual agreement of both
parties,unless such assignment is to an affiliated entity or subsidiary of DSI.
3. GENERAL COLLECTION REQUIREMENTS
3.1. DSI is declared to be an Independent Contractor and nothing in this Agreement
shall be construed to create the relationship of employer and employee between
the City and DSI, its agents or its employees.
3.2. DSI shall furnish all labor and equipment as shall be necessary and adequate to
insure satisfactory collection,transportation and proper separation and processing
of the MSW, Recyclables, Bulky Wastes and Yard Wastes from all residential
dwellings and businesses (Premises) in the City. All work to be performed
hereunder shall be done so as to protect to the highest extent the public health and
safety.DSI shall collect,transport and arrange or provide processing of all MSW,
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 210 of 229
Recyclables, Bulky Wastes and Yard Wastes from all Premises within the
corporate limits of the City, as follows:
3.2.1. Licenses and Permits.DSI shall ensure at its own expense that all driver
and truck licenses and permits are current and in full compliance with
local,state and federal laws and regulations.Any Processing Facility used
to handle MSW, Recyclables, Bulky Wastes and Yard Wastes from the
City must have current permits and licenses and make the same available
upon request by the City.
3.2.2. Compliance with Law. DSI shall comply with all Federal, State, County
and City laws, regulations and local ordinances pertaining to the
Collection and processing of Recyclables, Solid Waste and Yard Waste.
3.2.3. Frequency of Collection. MSW collection shall be weekly for each
Premise.Recyclables collection shall be weekly for each Premise.Bulky
Waste collection shall occur at least once every week for premises
requesting the service from the City. Yard Waste collection
shall be weekly during the season beginning on or about mid-April and
continuing through mid-November, weather permitting and as needed.
Residents shall place all Carts curbside no later than 7:00 AM on
collection day. DSIshall furnish the City and all of its Premises with a
written copy of theschedule of collection for each Premise.
3.2.4. Hours of Collection. Collection shall not start before 7:00 a.m. or
continue after 5:00 p.m. on the same day. Exceptions to collection hours
shall occur only by prior permission of the City. DSI shall request
permission from the City for any exception first via telephone and then in
writing(email to the City Administrator or designee is acceptable)with an
explanation as to the reason for the exception.
3.2.5. Holidays. When a Holiday falls on the day that Collection will normally
be made, each subsequent collection day will be delayed one day. It shall
be DSI's responsibility to inform residents in a timely manner of any
change in the collection schedule as a result of a Holiday.
3.2.6. Delays. DSI shall make every effort to maintain established scheduled
pick-ups even though conditions such as weather may be adverse. In no
event shall DSI be required or suffer penalty for failure to perform a
scheduled pickup when prevented from doing so as the result of an undue
accumulation of snow, unsafe driving conditions, and/or other
circumstances beyond the reasonable control of DSI.. In such case,
collection shall be made on the next day, if reasonably practicable.
3.2.7. Containers.DSI shall provide each residence with a Trash Cart,a clearly
distinguished Recycling Cart and when requested by a subscribing
customer, a Yard Waste Cart. The cost of providing the Cart is built into
the rate of the Agreements and DSI may not charge additional fees for
carts. DSI shall be responsible for the maintenance of the Carts and except
in the case of abuse and/or misuse by a resident, shall replace damaged or
broken Carts free of charge.Upon the termination of this Agreement, DSI
shall collect all Carts at DSI's expense. Carts shall be handled with
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 211 of 229
reasonable care to avoid damage and are to be replaced in anupright
position with the lids closed.
3.2.8. DoorstepNalet Collection. DoorstepNalet Collection rather than
curbside or alley collection must be allowed for senior citizens and
persons with decreased mobility for no additional charge with
verification of need.
3.2.9. Missed Collections. In the case of alleged missed collections, DSI shall
investigate,and, if such allegations are verified,DSI shall then arrange for
the Collection of the subject materials no later than 4 p.m. the next
business day.
3.2.10. Spills or Leaks. Any contents spilled or fluids leaked from the MSW,
Recyclables,Bulky Wastes or the trucks shall be cleaned up immediately
in a professional manner. If DSI fails to clean up any scattered or spilled
material or leaked material or fluids within three hours after oral or written
notice (email is acceptable) from the City, the City may cause such work
to be done and deduct the reasonable cost thereof from any payments due
and owing DSI, in addition to any other remedies provided herein.
3.2.11. City Property. DSI must provide Trash and Recyclables Collection, at
no additional cost to the City, for the properties in Attachment A. Sizes of
recyclable containers to be serviced by DSI and frequency of service will
be determined by the City. The city may add or delete properties to this
property list on an as needed basis.
3.2.12. Fees for Special Events.Cleanup fees and schedules for all special events
or other services in the City Parks shall be negotiated between the party
arranging the special events and DSI , provided, however, that DSIshall
not have exclusive rights to provide service at these events and the parties
arranging special events may contract for services with a hauler oftheir
choice.DSI will provide containers,transportation and disposal for refuse
and recycling at mutually agreeable City sponsored events without
compensation.
4. COLLECTION EQUIPMENT AND PERSONNEL
4.1. Provision of Equipment. DSI shall provide all equipment necessary for
Collection and transportation of collected Trash,Recyclables,Bulky Wastes and
Yard Wastes. All trucks shall be maintained so the material being collected and
transported will not be seen and will not blow, fall or leak from the vehicle and
fluids will not leak from the trucks.
4.2. Maintenance of Equipment. DSI shall maintain equipment, used in the
performance of this Agreement in a clean and sanitary condition and shall at all
times operate such equipment in compliance with State law and City ordinances.
4.3. Compliance with Truck Road Weight Restrictions. It shall be DSPs sole
responsibility to comply with all road weight restrictions. DSI shall immediately
inform the City of any notices of exceeding such restrictions. The City retains the
right to inspect and/or weigh DSPs trucks at any time.
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City of Farmington,Minnesota
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4.3.1. DSI shall be responsible to notify customers receiving service in
alleyways that their service will be provided curbside when road weight
restrictions are in effect.
4.4. Personnel. DSI shall retain sufficient personnel and equipment to fulfill
therequirements and specifications of this Agreement. DSI`s personnel shall be
trained both in program operations and in customer service,and DSI shall insurethat all
personnel maintain a positive attitude with the public,and shall:
4.4.1. Conduct themselves at all times in a courteous manner and use no abusive
or foul language.
4.4.2. Make a concerted effort to have at all times a presentable appearance and
attitude.
4.4.3. Wear a uniform and employee identification badge or name tag.
4.4.4. Drive in a safe and considerate manner.
4.4.5. Manage Carts in a careful manner so as to avoid spillage and littering
ordamage to the Cart. Carts shall not be replaced in the street and shall
bereplaced in an upright position.
4.4.6. Monitor for any spillage or vehicle leaks and be responsible for cleaning
up any litter,breakage or leaks.
4.4.7. Avoid damage to personal or City property.
4.4.8. Not perform their duties or operate vehicles while consuming alcohol or
illegally using controlled substances or while under the influence of
alcohol and/or such substances.
5. INSURANCE; INDEMNIFICATION
5.1. General Liability. DSI shall maintain Commercial General Liability insurance in a
minimum amount of$5,000,000 per occurrence;$5,000,000 aggregate.The policy shall
cover liability arising from premises, operations, products-completed operations,
personal injury, advertising injury, and contractually assumed liability. The City,
including its elected and appointed officials, employees, and agents, shall be endorsed
as additional insured,to the extent such liabilities have been assumed by DSI hereunder.
Such limits of liability may be satisfied through both primary and excess/umbrella
policies, certificates of which will be provided to City upon written request.
5.2. Automobile Liability. DSI shall maintain Business Automobile Liability
insurance,including owned,hired,and non-owned automobiles,with a minimum
combined single liability limit of$5,000,000.
5.3. Workers' Compensation.DSI shall maintain Workers' Compensation insurance
for all its employees in accordance with statutory requirements of the State of
Minnesota. DSI shall also carry Employers' Liability Coverage with minimum
limits as follows:
1,000,000—Bodily Injury by Disease per employee
a $1,000,000—Bodily Injury by Disease aggregate
1,000,000-Bodily Injury by Accident
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5.4. Pollution Liability Insurance.DSI shall maintain Pollution Liability insurance
in a minimum amount of$1,000,000 per occurrence: $2,000,000 aggregate, for
claims arising from the discharge, dispersal, release or escape of any irritant of
contaminant into or upon land,any structure,the atmosphere,watercourse or body
of water, including groundwater. This shall include on and off-site clean up and
emergency response costs.
5.5. Certificate of Insurance. DSI shall, prior to commencing any services, deliver
to the City Certificate of Insurance as evidence that the above coverages are in
full force and effect. The insurance requirements may be met through any
combination or primary and umbrella/excess insurance. DSI's policies shall be
primary insurance and non- contributory to any other valid and collectible
insurance available to the City with respect to any claim arising out of DSI's
performance under this Agreement. DSI'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)day's advanced written notice to the City,or
ten (10)days' written notice for non-payment of premium.
5.6. Performance Bond. DSI shall obtain a Performance Bond in the amount of
750,000 payable to the City for the use of said City. The Performance Bond shall
be signed by DSI with a City-approved Surety Company as surety. The
Performance Bond shall at all times be kept in full force and effect.The bond shall
be filed with the City Administrator/Clerk or the designee.
5.7. Payments. DSI shall pay all bills or claims for wages, salaries and supplies,
incurred in the operation of the collection service. The City has no obligation or
responsibility for bills or debts incurred by DSI.
5.8. Indemnification. DSI shall defend, indemnify and save harmless the City from
any and all claims and causes of action which may be asserted against the City to
the extent caused by negligent act or negligent omission, or any misfeasance or
malfeasance of DSI or its affiliates, employees or agents in connection with its
performance under thisAgreement. DSI shall defend, indemnify,keep and save
harmless the City and its respective officers,agents and employees against any or
all suits or claims thatmay be based upon any injury or damage to persons or
property that may occur, or that may be alleged to have occurred, to the extent
caused by DSI or its affiliates, employees, or agents in the course of the negligent
performance of this Agreement, and also any claims to the extent negligently
caused by DSI or its affiliates, employees, or agents in connection with:
5.8.1. the Minnesota Environmental Response and Liability Act("MERLA")
enacted in 1983:
5.8.2. its federal counterpart, the Comprehensive Environmental Response
Compensation and Liability Act of 1980 as amended by the Superfund
Amendments and Reauthorization Act("SARA"of 1986(together known
as CERCLA):
5.8.3. any administrative rule or statue of Minnesota or any other State:
5.8.4. any common law theory of and other State or the United States: or
5.8.5. claims based upon the clean-up of abandoned or existing sites
contaminated or allegedly contaminated with hazardous substances,if any
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 214 of 229
claims described in(a)through(e) are based upon solid waste transported
from the City by DSI or his/her subcontractors or his/her or their agents
or in connection with any claim based on lawful demands of subcontractor,
work person,suppliers;and whether or not the persons injured or whose property
was damaged were third parties, employees or DSI or employees of an
authorized subcontractor;and DSI shall at his/her own expense defend the City
in all litigation,pay all attorneys'feesand all costs and other expenses arising out
of the litigation or claim or incurred in connection therewith;and shall,at his/her
own expense, satisfyand cause to be discharged such judgments as may be
obtained against theCity,or any of its officers,agents or employees.
6. MSW (TRASH) COLLECTION
6.1. Waste Removal. DSI shall provide for the removal of Trash from all Premises
in the City. DSI shall offer its services to all residential dwellings and all
businesses in the City, without exception, by written notice, describing service
schedules and rates and Cart options. Such notice shall be delivered at least
annually in a form and content approved by the City.
6.2. Refusal Notice.If any subscribing person places any items out for pickup and
the item is not taken by DSI, DSI shall provide notification to the resident of
reason(s)for refusal to pick up the item.
6.3. Carts. DSI shall make carts available to each Premise for Trash Collection.
6.4. Required Disposal.Pursuant to MN 115A.46 and 115A.471 all waste collected
by DSI in the City shall be delivered to the transfer station, and transported to
the Red Wing Resource and Recovery facility or as otherwise as approved by
the City.
7. RECYCLABLES COLLECTION
7.1. Single Sort Recycling: DSI shall not require separation of Recyclables by type
but shall permit City residents to aggregate all of their Recyclable Materials into
the same Cart for collection by DSI.
7.2. Recyclables to be Collected: DSI shall collect at the List of Recyclables as
determined by Dakota County in addition to those Recyclables for which it has
found or developed markets.
7.3. Additional Recyclable Materials. After maximizing the use of their recycling
Cart, residents who have a large amount of Cardboard or other Recyclables may
bundle this material up and leave it beside the Recycling Cart for pickup and DSI
shall pick up such additional Recyclables at its regular Collection time at no
additional charge. Customers may request a second Recycling Cart at a cost not
toexceed the approved rate schedule.
7.4. Ownership of Recyclables. All recyclables placed for Collection by residents
shall remain the responsibility and ownership of the residents until picked up by
DSI. The City requires that all collected Recyclables must be delivered to the
Recycling Processing Facility;there shall be no scavenging of materials set out by
residents.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
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7.5. Changes to Collection System.DSI shall not make changes to the Single Stream
Collection or processing system without written direction of the city.
7.6. Processing of Recyclables. DSI shall haul all collected Recyclables to a
Recyclables Processing Facility or end market for sale or reuse, or to an
intermediate collection center for later delivery to a Recyclables Processing
Facility or end market. A weight ticket shall be received by DSI showing the
tonnage of Recyclables collected within the City. Such invoice must be in a form
sufficient to qualify the recyclables as having been properly processed for
purposes of this Agreement. DSI may not transport the Recyclables to a mixed
municipal solid waste disposal facility. DSI or its subcontractors shall not
landfill,incinerate,compost or make fuel pellets out of the Recyclable Materials.
All costs of transporting and depositing the Recyclables with the Recyclables
Processing Facility or the end market shall be at the sole expense of DSI.
7.7. Recycling Revenue Sharing. DSI agrees to take all reasonable measures to
maximize revenue from the sale of recyclable materials. If revenue from the sale
of recyclables exceeds the cost to process recyclable materials DSI will refund
50%of the net proceeds to the City.
8. YARD WASTE COLLECTION
8.1. DSI shall provide separate yard waste collection as an additional service during
the months of mid-April through mid-November,weather permitting.DSI shall
be responsible for notifying customers of the beginning and end of yard waste
season.
8.2. Yard waste shall be prepared as specified by DSI and shall be collected
atcurbside on the same day as Trash collection.
8.3. Yard Waste may not be placed or collected in plastic bags,to comply with
Minnesota Statute (M.S. 115A.931, Subd. (c)and M.S. 325E.046).
8.4. Yard waste service shall be made available on an annual subscription basis or on
an on-call by the bag basis. DSI shall provide Yard Waste carts to subscription
customers. Charges for yard waste services shall be in accordance with the
approved rate schedule.
9. BULKY WASTE AND ELECTRONIC WASTE COLLECTIONS
9.1. DSI shall Collect Bulky Waste or Electronic Waste from Premises at the
resident's request. Collection shall be made within one(1)calendar week of the
request.
9.2. DSI shall provide Collection,processing and marketing or disposal services
related to these bulky items and electronic waste.
9.3. DSI shall set their own price schedule for bulky item collection and provide
Farmington customers a percentage discount as show in Attachment C.
9.4. The City's ordinance,nor this agreement shall be interpreted to preclude
customers from obtaining service from other haulers for bulky waste.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 216 of 229
10. SOURCE SEPARATED ORGANICS (SSO) COLLECTIONS
10.1. DSI and the City agree to monitor the Dakota County Organics Drop site in
Farmington. Should the City determine the need for a curbside collection
program, DSI will work with the City to develop a SSO pilot program.
11. Public Education and Outreach
11.1. Education. DSI will assist in the distribution of educational materials in
compliance with Dakota County educational requirements related to solid waste.
This shall include, but is not limited to,two (2) education/outreach actions per
year, which may include direct-mail pieces, Farmington specific recycling
education advertising in the City of Farmington Newspaper of Record,literature
drops at Premises, or other City-approved options. The method of distribution
and content of materials shall be approved by the City in writing prior to
distribution. Additional agreed upon education actions may be implemented,
such as targeting new residents or recycling incentives programs.
11.2. Outreach. DSI will participate in public outreach events that may include,but
are not limited to, annual education day coordinated with Farmington Schools,
Earth Day activities, and the Farmington Community Expo.
12. COLLECTION REPORTS
12.1. Weight Records. DSI will keep accurate records of the weights and types of
recyclables collected in the City. Collected recyclables will be weighed after
completion of a route or at the end of the day,whichever occurs first,on a certified
scale. All recyclables and MSW collected in the City shall be weighed separately
from recyclables and MSW collected in other geographic subdivisions.A copy of
each weight ticket for separated recyclables and for MSW shall be kepton file, as
shall records of facilities that the recyclables are taken to and the recyclable
markets used for recyclables generated in the City and/or amount of City
recyclables stored by those facilities.
12.2. DSI shall participate with the City in tests such as waste sorts to confirm the
methodology and accuracy of the above data for weights of MSW and recyclables
or to identify opportunities to increase recycling.
12.3. Quarterly Reports. Upon request, DSI will submit quarterly reports to the City.
Reports shall be due to the City by the fifteenth(15th)day of April,July, October
and January. DSI is encouraged to include in its reports recommendations for
continuous improvement in the City's recycling program (e.g.,public education,
business recycling, etc.). DSI agrees to make one annual report at a City Council
meeting.
At a minimum,DSI shall include the following information in these reports:
A. Total tons of recyclables and MSW collected. "Total tons" is defined as
the combined number of tons recorded from the total actual recyclable and
MSW pick-ups (stops) recorded for each of the three (3) months of the
reporting quarter.
B. Method used to collect and report total quantities of recyclables and MSW
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 217 of 229
collected.
C. Available pick-ups(stops). "Available pick-ups"is defined as the number
of residential accounts billed for each of the three (3) months of the
reporting quarter.
D. Total number of MSW pick-ups(stops),"defined as the combined number
of actual MSW pick-ups recorded for each of the three (3) months of the
reporting quarter.
E. Total number of Recycling Pick-ups (stops) made, defined as the
combined number of actual Recycling pick-ups recorded for each of the
three(3)months of the reporting quarter.
F. Total number of Bulky Waste Pick-ups made, and Total number of
Electronics Waste Pick-ups made, defined as the combined number of
actual pick-ups recorded for each of the three(3)months of the reporting
quarter.
G. Total number of Yard Waste Pick-ups made, defined as the combined
number of actual Recycling pick-ups recorded for each of the three(3)
months of the reporting quarter.
H. Log of all complaints,including the nature of the complaints,to include
the following:
1. Names, addresses, and contact numbers of the complainants;
2. The date and time received;
3. DSI`s response; and the date and time of the response.
4. Log of addresses of premises that did not put out recyclables containers
that month.
I.Education materials provided to City residents that quarter.
J.Suggestions for improvements to the City's recycling program.
12.4. Monthly Reports.Upon request,DSI shall also submit a report monthly in compliance
with Section 14.3,Customer Service.
12.5. Access to Records. DSI shall provide to the City during normal business hours,
reasonable access to non-confidential/non-privileged records to include books,
documentation,papers, weigh tickets and other records that are directly pertinent to the
required reports required by this Agreement.DSI shall document and retain dated market
weight receipts of recyclable materials sold for the last three years,which upon request
will be made available to the City for review.
12.6. The City may request and DSI must provide in electronic format;the name,address,
phone number,email and service level(s)for each premises in the City.
13. BILLING
13.1. Billing. DSI shall collect all charges from each Premise for its Collection
services.
13.2. Contracts for Additional Collections. DSI may, independently of this
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 218 of 229
Agreement,contract with any premise to collect Trash or Solid Waste excluded
from the mandatory Collection by the Agreement. DSI 's charge for the servicesshall
be listed in Attached Exhibit A,subject to change with the written approvalof the City.
If the Collection is not listed, the price shall be negotiated between DSI and the
customer.
13.3. Delinquent Accounts. DSI may handle delinquent accounts in the same manner
as its other customers. This may include suspension of service. DSI shall provide
notice when it has suspended service on an account.
13.4. Extended Leave Discontinuance. A Premise can obtain a discontinuance of
service of more than a month but less than six months for an extended leave or
vacancy. There shall be no charge for suspending service.
13.5. Collection Fees. Volume/weight-based Trash fees must be offered to each
Premise (MN§I15A.93 subd.3). The rate that DSI shall charge will be in
accordance with the approved rate schedule. Other rates not included in
the rate schedule in Attachment C shall be mutually agreed upon.
13.6. Rate increase. City or DSI may propose amendments to the rate schedule before
September 15 of any given year for the next calendar year. The parties shall enter
into negotiations in good faith and any new rate changes shall be reduced to
writing in the form of an amendment to this Agreement. Rate increases may not
take effect during a billing cyclefor any customer.Rate increases must take effect
on the next billing cycle after the rate increase is approved.
13.7. Late fees. DSI will charge no more than $10.00 per month in late fees, with the
maximum amount of late fees due and owing at any given time capped at$30.00.
DSI agrees to make good faith efforts to reduce or eliminate late fees by utilizing
payment plans, grace periods, etc....
14. INDEPENDENT CONTRACTOR
14.1. Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating, or establishing the relationship of employer/employee
between the parties.DSI shall,at all times,remain an independent contractor with
respect to the services to be performed under this Agreement. Any and all
employees of DSI or other persons engaged in the performance of any work or
services required by DSI under this Agreement shall be considered employees or
subcontractors of DSI only and not of the City; and any and all claims that mightarise,
including worker's compensation claims under the Worker's Compensation Act of the
State of Minnesota or any other state,on behalf of said employees or other persons while
so engaged in any of the work or services provided to be rendered herein,shall be the sole
obligation and responsibility of DSI.
15. CUSTOMER SERVICE REQUIREMENTS
15.1. Complaints. DSI shall provide staffing of a telephone equipped office to receive
missed Collection complaints and other complaints between the hours of 7:30
a.m. until 5:00 p.m. Monday through Friday. DSI shall have an answering
machine or voice mail system activated to receive phone calls after hours. The
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 219 of 229
address and telephone number of the office shall be given to the City in writing,
with ten(10)days prior notice of a change therein.DSI shall also allow complaints
to be made electronically(by e-mail).
15.2. Immediate Complaint Response. Complaints on service will be taken and
collected solely by DSI. The City shall route all customer service calls it
receives regarding solid waste operations to DSI. DSI is responsible for
corrective actions. DSI shall answer all complaints courteously and reasonably
promptly.
15.3. Monthly Customer Service Report to City. Upon request, each month DSI
shall provide the City with a report of all customer complaints,the nature of these
complaints and a description of how each complaint was resolved. The names of
the complainants and contact numbers or e-mail addresses must also be included.
15.4. Failure to Perform. Subject to any other provision herein, in the event DSI fails
to collect the MSW, Recyclables, Bulky Wastes, and Yard Waste as required by
this Agreement, the City may,at its option,hire such labor and equipment as may
be necessary to collect and dispose of such MSW, Recyclables and Yard Waste
after DSI is given five(5)business days to remedy the situation. The City may,at
the City's sole option, terminate this Agreement in accordance with Article
Eighteen (18). In the event remedy does not occur, DSI shall reimburse the City
for all reasonable collection expenses the City incurs above and beyond the
amounts the City is obligated to pay for such collection under this Agreement or
the City shall utilize the Performance Bond for such expenses.
15.5. Location of Customer Service Center. DSI agrees to ensure their customer
service center is co-located with their primary operations center(the operations
location primarily servicing Farmington) for the duration of this contract.
16. SPECIAL CONDITIONS
16.1 Cardboard Dumpster at City Facilities. DSI agrees to maintain dumpsters for
cardboard recycling for public use at a location to be determined by the City, at no
cost to the City. The size, number and frequency of collection for this dumpster
shall be determined by the City and may be dependent upon seasonal needs (i.e.holiday
season may require additional collection or containers).
16.2 Routing and Collection Schedules. The City must approve all routing and
collection schedules.DSI may propose routing and collection changes from time
to time as becomes necessary or apparent for efficient collection.DSI is required
to communicate routing and collection changes to customers.
16.3 Christmas Tree Collection.DSI agrees to provide Christmas tree collection for
bare Christmas Trees (lights, ornaments,tinsel, etc.... removed) during the first
two weeks of each year.Fees for Christmas tree collection will be in accordance
with the approved rate schedule. Customers with subscription yard waste service
shall receive Christmas tree collection included in the cost of subscription yard
waste.
16.4 Farmington Specific Webpage and Social Media. DSI agrees to maintain a
webpage on their website with information specific to Farmington residents.
DSI also agrees to, upon request, establish Farmington specific social media
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 220 of 229
page(s)todistribute information to Farmington residents.
16.5 Contact information. DSI agrees to provide contact information to the City of
Farmington for the following: at least one employee of DSI authorized to
manage operational issues that arise, at least one employee of DSI authorized to
managecustomer service issues as they arise, at least one employee of DSI
authorized toresolve contract related issues as they arise.
16.6 Park Recycling. DSI and the city agree that DSI will provide for the necessary
labor,equipment and processing at no charge to the city for recycling in the city's
parks. This section extends to any city park land the city deems to be eligible for
recycling services.Recycling in parks is expected to be a joint effort between the
city and DSI to ensure that usage is sufficient to merit recycling in a given park,
that the recyclable loads collected in parks are "clean" and that recycling
receptacles are accessible to DSI on a curbside basis.
17. Purchase of City Assets
17.1 Refuse Cart Ownership. DSI agrees to purchase from the City all refuse carts
owned by the city as detailed on Attachment B. The City shall provide a bill of
sale documenting such purchase no later than December 31, 2021.
Notwithstanding the foregoing, if City early terminates this Agreement prior to
expiration of the term then City agrees to buy-back such carts for a purchase price
of$10.00 and DSI shall provide a bill of sale for such buy-back no later than thirty
days following such termination.
17.2 Vehicle and Equipment Ownership.If applicable, DSI agrees to purchase from
the City the vehicles and equipment owned by the City as detailed on Attachment
B. The City shall provide ownership documents and any existing/extended
warranty documents to DSI upon receiving payment no later than December 31,
2021.
17.3 As is.Assets are being transferred on an"AS IS" basis. City disclaims any and
all warranties, express or implied, regarding the assets, including,but not limited
to,their physical condition, and makes no warranty or merchantability or fitness
of the assets for any particular purpose, express or implied.DSI releases City
from any and all claims at law or equity regarding the acquired assets and their
physical condition,merchantability, or fitness for any particular purpose.
18. ASSIGNMENT AND SUBCONTRACTING
18.1. DSI shall not assign or subcontract except to affiliates of the Contractor this
Agreement or any interest therein or any privilege or right granted therein without
the prior written consent of the City. Consent to one assignment or subcontract shall not
be deemed to be consent to any subsequent assignment or subcontract.
19. MISCELLANEOUS
19.1. Liquidated Damages. Subject to any other provision herein, including the
requirement to provide DSI notice and an opportunity to cure, DSI agrees, in
addition to any other remedies available to the City, that the City may withhold
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 221 of 229
payment from DSI in the amounts specified below as liquidated damages for
failure of DSI fulfilling its obligations:
19.1.1. Failure to respond to legitimate service complaints within 24 hours in
areasonable and professional manner—fifty dollars ($50)per incident.
19.1.2. Failure to collect properly notified missed collections—two hundred and
fifty dollars ($250)per incident.
19.1.3. Failure to provide monthly and/or annual reports or requested data—one
hundred dollars ($100)per incident.
19.1.4. Failure to complete the collections within the specified timeframes
without proper notice to the City—one hundred dollars($100)per
incident.
19.1.5. Failure to clean up spills during collection operations—two hundred fifty
dollars ($250)per incident.
19.1.6. Failure to report on changes in location of Recyclables Processing
operations two hundred fifty dollars ($250)per incident.
19.1.7. Failure to collect Farmington's List of Standard Recyclables within one
month of notification of a change to the List one hundred dollars($100)
per week of non-collection.
19.1.8. Failure to maintain current County licenses to haul MSW,Recyclables,
Organics,Bulky Wastes or Yard Waste five hundred dollars($500)per
day.
19.1.9. Notwithstanding anything in the foregoing, the City shall have a
maximum of sixty (60) days to raise the failure of DSI's obligations,
by written notice to DSI. In the event such failure is not timely raised,
the City waives the right to impose such Liquidated Damages.
19.2. Waiver.The waiver by the City of any breach or violation of any term covenant,
or condition of this Contract shall not be a waiver of any subsequent breach or
violation of the same or any other term, covenant, or condition hereof.
19.3. Binding Effect.The terms, covenants,and conditions of this contract shall apply
to, and shall bind and inure to the benefit of the parties, their successors, and
assigns.
19.4. Data Practices. DSI agrees to comply with the Minnesota Government Data
Practices Act and all other applicable state and federal laws relating to data
privacy or confidentiality. DSI must immediately report to the City any requests
for third parties for information relating to this Agreement. The City agrees to
promptly respond to inquiries from DSI concerning data requests. DSI agrees to
hold the City,its officers,and employees harmless from any claims resulting from
DSI`s unlawful disclosure or use of data protected under state and federal laws.
19.5. Force Majeure: Whenever a period of time is provided for in the Contract for
either the City or DSI to so or perform any act or obligation,neither parry shall be
liable for any delays or inability to perform due to causes beyond the control of
said party such as war, riot, unavoidable casualty or damage to personnel,
materials or equipment, fire, flood, storm, earthquake,tornado or any act of God,
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 222 of 229
but not strike or lockout. The time period for the performance in question shall be
extended for only the actual amount of time said party is so delayed.
19.6. Excluded Waste:Notwithstanding anything herein to the contrary:(a)Contractor
shall have no obligation to collect any material which is or contains, or which
Contractor reasonably believes to be or contain, radioactive, volatile, corrosive,
highly flammable, explosive, biomedical, infectious, biohazardous, toxic or
hazardous material as defined by applicable federal, state or local laws or
regulations ("Excluded Waste"); (b) if Contractor finds what reasonably appears
to be discarded Excluded Waste,Contractor shall promptly notify the City and the
producer of the Excluded Waste, if the producer can be readily identified; and(c)
title to and liability for any Excluded Waste shall remain with the producer of the
Excluded Waste, even if Contractor inadvertently collects or disposes of such
Excluded Waste. Bulky Wastes, Electronic Waste, Mixed Municipal Solid
Waste, Problem Material Waste, Recyclables, Source Separated Organics, Solid
Waste, and Trash all exclude Excluded Waste.
19.7. The City and residents must comply with any description of and/or procedures
with respect to removal of contaminants or preparation of recyclable materials and
organic materials as reasonably provided by Contractor. If the City fails to do so,
they shall not be considered Recyclables or Source Separated Organics, as
applicable, and Contractor may decline to collect such materials without being in
breach of the contract. Contractor shall not be responsible for and has not made
any representation regarding the ultimate recycling of Recyclables by any third
party facilities.
19.8. The rights granted to Contractor under the contract shall be exclusive. The City
may, in its sole discretion, enforce the exclusivity provisions of the contract
against third-party violators, taking into account the cost of doing so and other
factors. Contractor may independently enforce the exclusivity provisions of the
contract against third-party violators, including, but not limited to, seeking
injunctive relief and/or damages, and the City shall use good-faith efforts to
cooperate in such enforcement actions brought by Contractor. The City shall use
its best efforts to adopt ordinances, rules or regulations that have the effect of
requiring third parties, including, without limitation, customers, to comply with
the provisions of the contract, including,without limitation,the exclusive service
rights granted to Contractor pursuant to the agreement.
19.9. Notwithstanding anything herein to the contrary, to the extent supplied by
Contractor,in the event that a waste container becomes lost,unsightly,unsanitary,
broken,or unserviceable because of the acts or omissions of the City or a resident
excluding normal wear and tear), the City or relevant customer will be charged
for the resulting repairs or replacement and such amounts will be paid to
Contractor upon demand.
19.10. Any equipment furnished hereunder by Contractor shall remain the property of
Contractor; however, the residents and the City (as applicable) shall have care,
custody and control of the equipment while at the service locations. Residents
shall not alter the equipment and shall use the equipment only for its proper and
intended purpose.Residents and the City must provide unobstructed access to the
equipment on the scheduled collection day.The word"equipment"as used herein
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 223 of 229
shall mean all containers used for the storage of non-hazardous solid waste.
19.11. Notwithstanding anything herein to the contrary,Contractor may pass through and
the customers shall pay to Contractor any documented increases in disposal fees,
increases in Contractor's costs due to changes in local, state or federal rules,
ordinances or regulations applicable to Contractor's operations or the services
provided hereunder, and any increases in and newly imposed taxes, fees or other
governmental charges assessed against or passed through to Contractor (other
than income or real property taxes).
19.12. City warrants that the Residents' and City's pavement, curbing or other driving
surface or any right of way reasonably necessary for Contractor to provide the
services described herein are sufficient to bear the weight of all of Contractor's
equipment and vehicles reasonably required to perform such services. Contractor
will not be responsible for damage to any such pavement,curbing,driving surface
or right of way, and City agrees to assume all liabilities for any such damage,
which results from the weight of Contractor's vehicles providing service at
Residents' and City's location.
20. PERFORMANCE REVIEW
Upon receipt of Contractor's annual report,the City shall schedule an annual meeting with
Contractor. The objectives of this annual meeting will include(but not be limited to):
20.1. Review DSI's annual program and material report.
20.2. Review efforts DSI has made to expand participation in the waste diversion
programs (Recycling, SSO, Yard Waste).
20.3. Review DSI's performance based on feedback from customers to City staff.
20.4. Review Contractor's recommendations for improvements to the City's program,
including enhanced public education and other opportunities.
20.5. Review staff recommendations for improving DSI's service.
20.6. Discuss other opportunities for improvement in the remaining years of the current
Agreement.
21. TERMINATION
The City may terminate this Agreement if DSI fails to fulfill its obligations under the Agreement
in a proper and timely manner, or otherwise violates the terms of the Agreement if the default
has not been cured after thirty (30) days written notice has been provided. The City may also
terminate this Agreement immediately if DSI fails to maintain County permits requiredto collect
and transport MSW, Recyclables, Source Separated Organics or Yard Waste. The Cityshall pay
DSI all compensation earned prior to the date of termination minus any damages and costs
incurred by the City as a result of the breach. If the Agreement is cancelled or terminated, all
finished or unfinished documents, data, studies, surveys, maps, photographs, reports or other
materials prepared by DSI under this Agreement shall, at the option of the City, become the
property of the City,and DSI shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 224 of 229
IN WITNESS WHEREOF,the parties have hereunto executed this Agreement,by their
officers,as of the day and year first above written.
CITY OF FARMINGTON DICK'S SANITATION SERVICE,INC.
Bye--- By
Jos—&ua Hoyt,M r L
By.
David McKnight, Administrator
STATE OF MINNESOTA
SS.
COUNTY OF (,c c v )
Subscribed and sworn to before me by Ile y't and HcL,v'j re- ,respectively,the
Mayor and City Administrator of the City ofa MinaMtnensotamunicipalcorporationthis
5`
1"
Day of,tfe, n.6N- ,20
7MMAAMULLERS
NOTARY PUBLIC
MINNESOTA
Nofary Public
My COmm45ion Expires Jen 31,2025
STATE OF MINNESOTA
SS.
COUNTY OFL `J ' (ice!
Subscribed and sworn to before me on behalf of DSI by al's,& T( i p I the
4n(--- jMOK of DSI ,a Minnesota
corporation(Title)
this t N\ Day of K)t tUA- 2Q-Ll
SUSAN J WMER
NOTARY PUBLIC
MINNESOTA
My Commissian Expires Jam 31,2025
Notary Public
F
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 225 of 229
Attachment A
City Facilities
This list is provided for reference. The city and DSI both recognize that there will be changes
atthe discretion of the city in service locations, service size and frequency depending on need
anduse of facilities.
Seasonal collections shall be April—November each year, as determined by weather and use.
Facility and Location Type of Service&Estimated Service Level
City Hall Trash: 1 300 gallon 2x/wk Tu&F
430 Third Street Recycling:2 yards lx/wk
Organics: 195 gallons EOW
Rambling River Center Trash: 1 300 gallon 2x/wk Tu&F
325 Oak Street Recycling:2 95 gallons EOW
Organics: 195 gallons lx/mo
Maintenance Facility Trash: 1 300 gallon 2x/wk Tu&F
19650 Municipal Drive Recycling: 4 yards lx/wk
Police Station Trash: 1 300 gallon 2x/wk Tu&F
19500 Municipal Drive Recycling:4 yard EOW
Fire Station#1 Trash: 1 300 gallon lx/wk W
21625 Denmark Avenue Recycling: 195 gallon EOW
Fire Station#2 Trash: 1 300 gallon lx/wk W
19695 Municipal Drive Recycling: 195 gallon EOW
Schmitz-Maki Arena Trash: 1 300 gallon 3x/wk M/W/F(changes
114 Spruce Street seasonally)
Recycling:2 yards EOW
Organics:temporarily discontinued
Rambling River Park Trash:2 300 gallons 2x/wk M&Th
17 Elm Street Recycling:n/a
Feely Fields Trash: 3 300 gallons 2x/wk M&Th
21250 Denmark Avenue Recycling:n/a
Liquor Store north Trash:2 300 gallons M&Th
18350 Pilot Knob Recycling:
Liquor Store#1 Trash:2 300 gallons M&Th
923 8`h Street Recycling: 6 yards 2x/wk
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 226 of 229
Attachment B
Transition of Assets
Description of Asset
Purchase
Price
2006 Perterbilt 320 with Rapid Rail 50,000.00
2008 Perterbilt 320 with Rapid Rail 50,000.00
2014 Perterbilt 320 with Rapid Rail 127,500.00
2017 Perterbilt 320 with Rapid Rail 170,000.00
2019 Autocar with Labrie Automizer 210,000.00
Carts—35 Gallon 20,000.00
1,000 carts @$20.00 per cart
Carts—65 Gallon
56,325.00
2,500 carts @$22.53 per cart
Carts—95 Gallon 91,278
3,300 carts @$27.66 per cart
Total Assets 775,103.00
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 227 of 229
Attachment C
Rates and Charges
Residential Service Rates
Monthly Pricing Cart Size 2022 2023 2024 2025 2026
Trash service weekly 35 Gallon $ 14.82 $ 15.26 $ 15.72 $ 16.19 $ 16.68
Trash service weekly 65 Gallon $ 19.78 $ 20.37 $ 20.98 $ 21.61 $ 22.26
Trash service weekly 95 Gallon $ 24.28 $ 25.01 $ 25.76 $ 26.53 $ 27.33
Recycle Service weekly 35 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Recycle Service weekly 65 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Recycle Service weekly 95 Gallon $ 7.25 $ 7.47 $ 7.69 $ 7.92 $ 8.16
Quarterly Pricing
Trash&Recycling Weekly 35 Gallon $ 66.21 $ 68.20 $ 70.24 $ 72.35 $ 74.52
Trash&Recycling Weekly 65 Gallon $ 81.09 $ 83.52 $ 86.03 $ 88.61 $ 91.27
Trash&Recycling Weekly 95 Gallon $ 94.59 $ 97.43 $ 100.35 $ 103.36 $ 106.46
Optional Seasonal Yard Waste 195 Gallon 1 $ 129 1 $ 133 $ 137 $ 141 1 $ 145
Commercial Service Rates
Container
Monthly Pricing Size 2022 2023 2024 2025 2026
Trash service weekly 1 yd 51.13 $52.66 $54.24 $55.87 $57.54
Trash service weekly 1.5 yd 72.52 $74.70 $76.94 $79.25 $81.63
Trash service weekly 3 yd 125.68 $129.45 $133.33 $137.33 $141.45
Trash service weekly 4 yd 178.83 1 $184.19 $189.72 $195.41 $201.27
Trash service weekly 6 yd 231.98 1 $238.94 $246.11 $253.49 $261.10
Trash service weekly 8 yd 285.13 $293.69 $302.50 $311.57 $320.92
Trash service weekly 10 yd $338.29 $348.44 $358.89 $369.65 $380.74
Quarterly Pricing
Trash service weekly 1 yd 153.38 $157.98 $162.72 $167.60 $172.63
Trash service weekly 1.5 yd $217.57 $224.10 $230.82 $237.74 $244.88
Trash service weekly- 3 yd 377.03 $388.34 $399.99 $411.99 $424.35
Trash service weekly 4 yd 536.49 1 $552.58 $569.16 $586.24 $603.82
Trash service weekly 6 yd 695.95 $716.83 $738.33 $760.48 $783.30
Trash service weekly 8 yd 855.40 $881.06 $907.49 $934.72 $962.76
Trash service weekly 10 yd $1,014.86 $1,045.31 $1,076.66 $1,108.96 $1,142.23
SOLID WASTE SERVICES AGREEMENT
City of Farmington,MinnesotaPage 228 of 229
Commercial Service Rates (Cont.)
Container
Monthly Pricing Size 2022 2023 2024 2025 2026
Recycling service weekly 1 yd 35.79 $36.86 $37.97 $39.11 $40.28
Rec clin service weekly 1.5 yd 50.77 $52.29 $53.86 1 $55.47 $57.14
Recycling service weekly 3 yd 87.97 $90.61 $93.33 $96.13 $99.02
Recycling service weekly 4 yd 125.18 $128.94 $132.80 $136.79 $140.89
Recycling service weekly 6 yd 162.39 $167.26 $172.28 $177.45 $182.77
Rec clin service weekly 8 yd 199.59 $205.58 $211.75 $218.10 $224.64
Recycling service weekly 10 d 236.80 $243.90 $251.22 $258.76 $266.52
Quarterly Pricing
Recycling service weekly 1 yd 107.37 $110.59 $113.90 $117.32 $120.84
Recycling service weekly 1.5 yd 152.30 1 $156.87 $161.57 $166.42 $171.41
Recycling service weekly 3 yd 263.92 $271.84 $279.99 $288.39 $297.05
Recycling service weekly 4 yd 375.54 $386.81 $398.41 $410.37 $422.68
Recycling service weekly 6 yd 487.17 $501.78 $516.83 $532.34 $548.31
Recycling service weekly 8 yd 598.78 $616.74 1 $635.25 $654.30 $673.93
Recycling service weekly 10 yd 710.40 $731.71 1 $753.67 $776.28 $799.56
Other Charges
Trip Charge: $15 per trip
Extra Bag Charges*: $5 minimum charge,$2.50 per bag.
Container Replacement Charge(customer caused damage): $55
Bulk Item Discount: 9%
Rates do not include MN Tax on trash-Residential 9.75%,Commercial 17.00%
SOLID WASTE SERVICES AGREEMENT
City of Farmington,Minnesota
Page 229 of 229